HomeMy WebLinkAboutOrd. No. 2013-1320ORDINANCE NO. 2013 -1320
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO.
2013 -04, KNOWN AS THE CONSISTENCY ZONING PROJECT —
PHASE III, AMENDING THE OFFICIAL ZONING MAP, CHANGING
THE ZONING OF VARIOUS PARCELS IN THE EAST LAKE,
NORTH PEAK AND LAKE VIEW DISTRICTS OF THE CITY TO
ZONES CONSISTENT WITH THE GENERAL PLAN
DESIGNATIONS THEREIN.
WHEREAS, the City of Lake Elsinore adopted an update to its General Plan on
December 13, 2011, which established designations on various properties throughout
the East Lake, North Peak and Lake View Districts of the City, as presented on the
General Plan Land Use Plan; and
WHEREAS, Government Code Section 65103 empowers the legislative body to
implement the General Plan through actions including, but not limited to, the
administration of zoning ordinances; and
WHEREAS, Government Code Section 65860 requires that a city's zoning
ordinances be consistent with its general plan; and
WHEREAS, Resolution No. 2004 -11 of the City of Lake Elsinore, which
establishes procedures and requirements for implementation of the Western Riverside
County Multiple Species Habitat Conservation Plan, specifically exempts the adoption
or amendment of any land use or zoning ordinance in Section IV — Exemptions; and
WHEREAS, on October 1, 2013 and December 3, 2013 at duly noticed public
hearings, the Planning Commission considered evidence presented by the Community
Development Department and other interested parties with respect to this item; and
made its recommendation in favor of Zone Change No. 2013 -04 by adopting Planning
Commission Resolution No. 2013 -74 recommending to the City Council approval of
Zone Change No. 2013 -04; and
WHEREAS, on December 10, 2013 at a duly noticed public hearing, the City
Council has considered the recommendation of the Planning Commission as well as
evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed the proposed zone
changes pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §65000
et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and
finds and determines that the proposed zone changes are consistent with the
Ordinance No. 2013 -1320
Page 2 of 6
requirements of California Planning and Zoning Law and with the goals and policies of
the Lake Elsinore General Plan and the LEMC.
SECTION 2. Pursuant to Section 21080 (c) (2) of the California Environmental
Quality Act (CEQA), the City Council determines that the Recirculated Program
Environmental Impact Report certified for the update to the General Plan is adequate
and prepared in accordance with the requirements of CEQA which analyzes
environmental effects of the Project. Because Zone Change No. 2013 -04 implements
the General Plan with the appropriate zoning districts for development within the East
Lake, North Peak and Lake \ &A. Districts of the City, no additional environmental
review is required.
SECTION 3. That in accordance with the State Planning and Zoning Law, the
City Council hereby makes the following findings for the approval of Zone Change No.
2013 -04:
1. The proposed zone changes will not be a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the
neighborhood of the proposed zone changes or within the City, or b) injurious to
the property or improvements in the neighborhood or within the City.
a. The proposed zone change implements the adopted General Plan
Update of December 13, 2011, which was analyzed relative to its
potential to have detrimental effects.
b. The proposed zone change will eliminate inconsistencies with the
adopted General Plan Update.
C. The proposed zone change will be beneficial to the public health,
safety, comfort and welfare and will improve the property in the
neighborhood and the City by allowing a variety of residential,
commercial, recreational, public /institutional and open space uses to
be established in the East Lake, North Peak and Lake View Districts
within the City.
2. The proposed zone changes will permit reasonable development of the area
consistent with its constraints and will make the area more compatible with
adjacent properties.
a. The proposed zone change utilizes high density residential projects as
transitional areas between single family residential and commercial
uses.
b. The proposed zone change takes into consideration existing, active
development as well as vacant properties.
3. The proposed zone changes would implement a land use density, intensity and
usage more in character with the subject property's location, access, and
Ordinance No. 2013 -1320
Page 3 of 6
constraints consistent with the adopted General Plan Update and subsequent
text amendments to the zoning code.
a. The proposed zone changes provide a distribution of active recreation,
public /institutional, and open space uses throughout the affected
Districts, and in close proximity to neighborhood residents.
b. The proposed zone changes provide the City a variety of residential
densities and housing types for its citizens.
4. The proposed zone changes implement the goals of the East Lake, North Peak
and Lake View Districts to integrate land uses, to preserve the open space and
recreational character of the City, to enhance pedestrian circulation, and to
ensure that new growth respects the environmental sensitivity of the natural
wetlands, floodway and floodplain.
a. Floodways are appropriately zoned in these Districts in accordance
with FEMA maps.
b. Public uses are appropriately zoned and identified.
C. Properties surrounding the amended North Peak Specific Plan are
zoned to be harmonious and sensitive to the existing land forms,
topography and vegetation.
d. The proposed zoning allows for a revitalized and healthy mixed -use
corridor along Riverside Drive in accordance with the primary goal of
the Lake View District.
5. The proposed zone changes will not have a significant effect on the
environment.
a. The potential impacts of the General Plan update have been analyzed
in the Recirculated Environmental Impact Report (SCH #2005121019)
prepared for the City of Lake Elsinore General Plan ( "General Plan
EIR') and its related cases which was certified on December 13, 2011,
and adequate mitigation measures have been prepared where
necessary. Accordingly, the impacts of the proposed zone change
have been disclosed, analyzed and mitigated to the extent feasible in
the General Plan EIR. A copy of the General Plan EIR is available for
inspection in the City of Lake Elsinore Community Development
Department, 130 S. Main Street, Lake Elsinore, CA.
SECTION 4. Based upon the evidence presented, both written and testimonial
and such other matters as reflected in the record, and the above findings, the City
Council hereby adopts Zone Change No. 2013 -04, making the following zone changes
to the City of Lake Elsinore Official Zoning Map, as shown in Exhibits `D', `E', 'G.' and
`H' attached:
Ordinance No. 2013 -1320
Page 4 of 6
East Lake District — Assessor's Parcel No. 373 - 300 -027 from CP Commercial
Park to PI Public /Institutional and Assessor's Parcel No. 373- 300 -028 from CP
Commercial Park to R Recreation;
As shown on Exhibit 'D.'
North Peak District — Assessor's Parcel Nos. 347 - 020 -009; 347- 270 -012, -013,
-016, -025 thru -028, -033 and -034; and 347 - 280 -013, -014, and -031 thru -034 from
SPA Specific Plan Area to RMR Rural Mountainous Residential; and
Assessor's Parcel No. 347 - 020 -012 from SPA Specific Plan Area to OS Open
Space; and
Assessor's Parcel Nos. 347 -110 -072 and -073 from SPA Specific Plan Area to
C2 General Commercial;
As shown on Exhibit `E.'
Lake View District, Area 1 — Assessor's Parcel Nos. (Bayless) 391 - 790 -009 and
391 - 800 -002, -003 and -004 from RR Rural Residential to R1 Single Family
Residential; and
Assessor's Parcel Nos. 391 - 790 -006 (Riverside County Parks and Open Space
District) from RMR Rural Mountainous Residential to OS Open Space; 391 - 790 -005, -
011 and -012 (Regions! Conservation Authority) from RMR Rural Mountainous
Residential to OS Open Space; and 391 - 260 -020, -033, -037, and -039 from R1 Single
Family Residential to OS Open Space; and
Assessor's Parcel No. 391 - 790 -014 from OS Open Space to R1 Single Family
Residential; and
Assessor's Parcel Nos. 389- 290 -001, -002, 009, -010, -013, -014, -017, -019, -
020, -022, -023, and -025 thru -029 from RR Rural Residential to R1 Single Family
Residential; and
Assessor's Parcel No. 389 - 495 -001 from R1 Single Family Residential to P/I
Public /Institutional;
As shown on Exhibit 'G.'
Lake View District, Area 2 — Assessor's Parcel Nos. (Lakeside High School)
379 - 030 -024 and -026; and 379 - 050 -017, -037 and -038 from R1 Single Family
Residential and CP Commercial Park to PI Public /Institutional; and
Assessor's Parcel No. (Elsinore Valley Municipal Water District) 379 -110 -013
from R -3 High Density Residential to PI Public /Institutional; and
Ordinance No. 2013 -1320
Page 5 of 6
A portion of Assessor's Parcel No. 379 - 111 -011, -010, -016 from CP Commercial
Park to R3 High Density Residential; and
Assessor's Parcel Nos. 379 - 330 -001 thru -022; 379 - 331 -001 thru -022; and 379-
173 -001 thru -007 and -010 from R3 High Density Residential to R2 Medium Density
Residential; and
Assessor's Parcel Nos. (Quail Drive) 379 - 381 -023 thru -051; and 379 - 382 -004
thru -011; -014 thru -041 from R1 Single Family Residential to R2 Medium Density
Residential; and
Assessor's Parcel Nos. 379 - 132 -003, -009 and -034, 379 - 133 -006 and -015;
from R3 High Density Residential to R2 Medium Density Residential; and
Assessor's Parcel Nos. 379 - 131 -020 and -021; and 379 - 380 -019 from CP
Commercial Park to C2 General Commercial; and 379 - 132 -013 from R1 Single Family
Residential and CP Commercial Park to C2 General Commercial; and
Assessor's Parcel No. 379 -160 -002, -014, -015, and a portion of -004 from R3
High Density Residential and CP Commercial Park to C2 General Commercial; and
379 - 161 -012, -013, and -037 from R3 High Density Residential to R2 Medium Density
Residential; and
Assessor's Parcel Nos. 379 - 222 -006, -007, -014, and -017; 379 - 224 -003, -005, -
006, -010, -011, -015 thru -018, and -020 from CP Commercial Park to C2 General
Commercial; and
Assessor's Parcel Nos.379- 201 -001 thru -009 and -012 thru -016; and 379 -211-
006 thru -009, -011. -014, -015, -022 and -023 from CP Commercial Park to C2 General
Commercial; and
Assessor's Parcel No. 379 - 290 -026 from R3 High Density Residential to C1
Neighborhood Commercial; and
Assessor's Parcel Nos. 378 - 281 -005 thru -008, -019 thru -022 from R2 Medium
Density Residential to C1 Neighborhood Commercial; and 378 - 282 -004, -005, -006,
-025 and -027, 378 - 283 -001 thru -005; -011, -012, -013; 378 - 284 -001 thru -011; and
378 - 285 -002 thru -007 from C1 Neighborhood Commercial to R2 Medium Density
Residential; and
Assessor's Parcel Nos. 379 - 150 -002, -041, -042, -043, and -048 thru -051 from
R1 Single Family Residential to RE Estate Single Family Residential; 379 - 250 -013
and -025 from R2 Medium Density Residential to RE Estate Single Family
Residential; and 379 - 423 -001 thru -026 from RE Estate Single Family Residential to
R1 Single Family Residential; and
Ordinance No. 2013 -1320
Page 6 of 6
Assessor's Parcel No. 387 - 461 -032 from R1 Single Family Residential to PI
Public /Institutional; and 387- 461 -034 from R1 Single Family Residential to R
Recreation;
As shown on Exhibit `H.'
SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are thereby declared
to be severable.
SECT ION 6. T his Ordinance shall take effect thirty (30) days after the date of its
final passage. The City Clerk shall certify as to adoption of this Ordinance and cause
this Ordinance to be published and posted in the manner required by law.
PASSED, APPROVED, AND INTRODUCED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on the 10th day of December, 2013, and
adopted at a regular meeting of the City Council of the City of Lake Elsinore, California
on the 14 day of January, 2014.
Natasha Johnson, M
ATT ST:
Virginia . BlooUi, City Clerk
APPROVED AS TO FORM:
Barbara Z. 1�61�old, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify
that Ordinance No. 2013 -1.320 was introduced at the regular City Council
meeting of December 10, 2013, and adopted at the regular meeting of January
14, 2014, by the following roll call vote:
AYES: Mayor Pro Tern Manos, Council Member Tisdale, Council Member
Magee and Mayor Johnson
NOES: None
ABSENT: Council Member Hickman
ABSTAIN: None
inia 4/ Bloom, City Clerk
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