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HomeMy WebLinkAboutID# 14-428 Consistency Zoning Project Phase V Amendment No. 2013-02 Change No. 2014-06C l'T "Y 01 LAKE .'L5i N0Pt] ` t)RlAA1 L\)- REPORT TO CITY COUNCIL TO: Honorable Mayor And Members of the City Council FROM: Grant Yates City Manager DATE: January 27, 2015 SUBJECT: Consistency Zoning Project — Phase V, including the following items: Zoning Code Amendment No. 2013 -02 - Amend Chapter 17.20 of the Lake Elsinore Municipal Code, by Replacing the "(L) Lakeshore Overlay District' with a New "L Lakeshore Zoning District'; and Zone Change No. 2014 -06, Known as the Consistency Zoning Project, Phase V, Change the Zoning of Various Parcels in the Lake Edge District of the City to Zones Consistent with the General Plan Designations Therein. Recommendation The Planning Commission recommends that the City Council take the following action: Introduce by title only and waive further reading: Ordinance No. 2015 -; An Ordinance of the City of Lake Elsinore, California., Approving Zoning Code Amendment No. 2013 -02, An Amendment to the Lake Elsinore Municipal Code, Title 17, Chapter 17.20, Replacing the "(L) Lakeshore Overlay District" with a New "L Lakeshore Zoning District" as Part of the Consistency Zoning Project - Phase V. Introduce by title only and waive further reading: Ordinance No. 2015 - An Ordinance of the City of Lake Elsinore, California., Approving Zone Change No. 2014 -06, Known as the Consistency Zoning Project — Phase V, Amending the Official Zoning Map, Changing the Zoning of Various Parcels in the Lake Edge District of the City to Zones Consistent with the General Plan Designations Therein. CITY COUNCIL STAFF REPORT CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06 January 27, 2015 Page 2 of 4 Background On November 18, 2014, the Planning Commission unanimously (4 -0) recommended approval of the Consistency Zoning Project, Phase V, by adopting Resolution Nos. 2014 -43 and 2014 -44. Five interested residents came forward to speak, mostly requesting clarification and additional information regarding the proposed L Zone. No additional correspondence was received beyond those contained in the Commission Staff Report. The Planning Commission made the following revisions to the L Zone before recommending approval: 1. In Section 17.20.080.B., the development standards for new subdivisions shall allow a sixty -foot (60') wide lot, instead of a minimum width of one hundred (100) linear feet. 2. Section 17.20.083. B. regarding residential densities shall be relocated to Section 17.20.110 — Development Standards. 3. Section 17.20.090 — Parking Requirements shall allow carports as an alternative to garages provided that a Minor Design Review application requesting carports is approved by the Director of Community Development. 4. To Section 17.20.110.B. — Non - conforming uses, a sentence shall be added that clarifies that family trusts or inheritances do not constitute a change of ownership. Project Description The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011. Since then, the City Council has approved Consistency Zoning for all Commercial and Residential Mixed Use parcels, all High Density Residential parcels, and the Business, East Lake, North Peak, Lake View, Riverview and Country Club Heights Districts, The City now proposes Phase V of the Consistency Zoning Project, bringing the Official Zoning Map of the City into conformance with the adopted General Plan for the Lake Edge District. CITY COUNCIL STAFF REPORT CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06 January 27, 2015 Page 3 of 4 Discussion & Analysis Notification and Community Meetings Over 200 notifications were mailed to property owners or residents in the Lake Edge District. A Community Meeting was held on October 23, 2014, with approximately 25 -30 people in attendance. Altogether, Staff fielded over 20 phone and e -mail inquiries and front counter visits. Zone Change No. 2014 -06 The proposed zone changes to make zoning compatible with the General Plan designations in the Lake Edge District are shown in four exhibits, 'B' through 'E.' These exhibits indicate existing zoning, the General Plan designation, and proposed zone change only. Fiscal Impact With the proper zoning in place consistent with the General Plan, development of applicable projects is expedited, and may provide positive revenue to the City in the future. The time and costs related to the preparation of the zoning code amendment and the consistency zoning changes were included in the adopted operating budget for FY 14/15. Environmental Determination The City certified a Recirculated Program Environmental Impact Report (RP -EIR) for the update to its General Plan. The proposed Zoning Code Amendment No. 2013 -02 and Zone Change No. 2014 -06 to the City's Official Zoning Map implements the General Plan update, applying appropriate zoning districts compatible with their land use designations. No additional environmental review is required. Prepared by: Carole K. Donahoe, AICP Project Planner Reviewed by: Richard J. MacHott, LEED Green Associate Planning Manager Grant Taylor Director of Community Development Approved by: Grant Yates City Manager CITY COUNCIL STAFF REPORT CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06 January 27, 2015 Page 4 of 4 Attachments 1. Ordinance No. 2015 -_; An Ordinance of the City of Lake Elsinore approving Zoning Code Amendment No. 2013 -02, replacing the "L Lakeshore Overlay District" with a new "L Lakeshore Zoning District." a. Exhibit A'— Proposed "L Lakeshore Zoning District." Ordinance No. 2015 -_; An Ordinance of the City of Lake Elsinore approving Zone Change No. 2014 -06, known as the Consistency Zoning Project — Phase V, changing the zoning in the Lake Edge District. a. Exhibit 'B'— Lake Edge District Areas b. Exhibit 'C'— Area 1 c. Exhibit 'D' —Area 2 d. Exhibit 'E'— Area 3 3. Planning Staff Report to the Planning Commission and Memo to the Planning Commission, November 18, 2014 4. Planning Commission Minutes - Excerpts from November 18, 2014 CI "Iy ()t �- .. LAKE `,. : L� t % 1)1:1Ati+. 1:-X" I- III E PA 1: CITY OF LAKE ELSINORE MEMO TO PLANNING COMMISSION TO: Honorable Chairman And Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: November 18, 2014 SUBJECT: Item No. 3: Consistency Zoning Project — Phase V, Lake Edge District Corrections to Zone Change No. 2014 -06 Resolution: Staff requests that the Planning Commission correct the Resolution to recommend approval of Zone Change No. 2014 -06 before its adoption, as follows: Page 4 of 5, Area 3, second and third paragraphs — see attached excerpt. Corrections /Additions to Proposed L Zone: Additional and local information regarding the definition of the "Ordinary High Water Mark" was provided to Staff subsequent to the printing of the Staff Report. Staff requests that this information be added to Sec. 17.20.030 — Definitions. Lastly, Staff requests that limited flexibility be allowed in the proposed L Zone with regards to building heights, particularly with commercial uses in the zone. Similar to language in the LEMC C1 — Neighborhood Commercial Zone, Staff has added structural heights above the maximum allowed in the zone with the approval of a conditional use permit. A revised L Zone tracking the changes above, is attached to this memo. Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Richard J. MacHott, LEED Green Associate Planning Manager Planning Commission Meeting Minutes - Draft November 18, 2014 3) ID# 14 -354 Consistency Zoning Project - Phase V, including the following items: Zoning Code Amendment No. 2013 -02 - Amend Chapter 17.20 of the Lake Elsinore Municipal Code, by Replacing the "(L)__Lakeshore Overlay District" with a New "L Lakeshore Zoning District "; and Zone Change No. 2014 -06, Known as the Consistencv Zonin Project, Phase V, Change the Zoning of Various Parcels in the Lake Edge District of the City to Zones Consistent with the General Plan Designations Therein. Staff recommends thatthe Planning Commission take the following action 1. Adopt Resolution No. 2014- ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending that the City Council of the City of Lake Elsinore Approve Zoning Code Amendment No. 2013 -02, An Amendment to the Lake Elsinore Municipal Code, Title 17, Chapter 17.20, Replacing the '(L) Lakeshore Overlay District' with a New'L Lakeshore Zoning District' as Part of the Consistency Zoning Project - Phase V. 2. Adopt Resolution No. 2014 -; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending that the City Council of the City of Lake Elsinore Approve Zone Change No. 2014 -06, Known as the Consistency Zoning Project - Phase V, Changing the Zoning of Various Parcels in the Lake Edge District of the City to Zones Consistent with the General Plan Designations Therein. City of Lake Elsinore Page 3 Planning Commission Meeting Minutes - Draft November 18, 2014 Project Planner Donahoe presented the Staff Report. Donahoe explained that the project addressed teh Lake Edge District which is located on the north, east and part of the west side of the Lake. She stated that during and prior to the General Plan update in 2011 that the areas around the Lake's edge were quite controversial and that the property owners wanted an opportunity to build beach homes on the shoreline, in that area. Ultimately the designation in the General Plan did go to Lakeside Residential which allowed custom single - family homes. That is why Staff is proposing a new L Zone in order to allow for custom single - family homes as a permitted use, and to provide development standards in order to do that. The L Zone also had a few other purposes. Staff wanted the ability to limited retail that would support the recreational uses along the shoreline and recognize the ability to have fencing as a portable non - permanent type structure. She also wanted to mention Scenic Vistas and all the things that the General Plan has as the goals and policies in this general area. She included that she tried to address some of those items in the new L Zone. Project Planner Donahoe said it was taken into consideration the fact that it will be challenge to develop in that area. Donahoe said staff put together Items in hopes that all property owners would take a look at and make sure that their parcel is or isn't affected and if they are affected, how to go about resolving them. She included that is how we developed the Guide to Lake Shore Stewardship. We want this to be a cooperative effort between the City and the property owner, trying to recognize those issues and address them. Donahoe said that this is not going to require formal approval; it is just a guideline which we plan to update as the months and years roll on, to reflect when new technology becomes available which improves or provides innovative solutions to some of the issues. Donahoe said that there has been a lot of interest with the Consistency Zoning and a lot of feedback in terms of changing some of the language in the L Zone. The feedback has been reviewed and she believes that we have come up with a Zone that will be acceptable. Donahoe had handed out a memo at the beginning of meeting to the Planning Commission. The Item on the memo is the final version of the L Zone, with more up to date information regarding the ordinary high water mark. She also explained it provided some limited flexibility in terms of the building height, particularly for commercial projects, and also stated that there was a modification on the Conditional Use Permit section. Gary Washburn had a question for clarification; hoping Carole could address. He asked about ordinary high water mark and permitted uses, development standards, buidling heights and parking. He also had suggestions he shared regarding these matters. The Planning Commission thanked him and were pleased with his comments. Paul Castagno has questions about nonconforming uses and asked for clarification about what this meant for his property. Terry Thiehen had a point of clarification regarding parking and added his suggestions. Tom Smith questioned the future of the utilities for the area. Planning Manager MacHott City of Lake Elsinore Page 4 Planning Commission Meeting Minutes - Draft November 18, 2014 stated that he could not answer specifically but said that EVMWD is planning to do a Master Plan that would include the lake shore area. Community Development Director Taylor added that EVMWD is in the midst of a Sewer Master Plan update and they expect completion in Spring. Brad Shay spoke, He said he would like to see some consideration given in the zoning changes for Area 3 and making provisions depending on situation of property. Community Development Director Grant Taylor, Planning Commission, Barbara Leibold -City Attorney, Walter Allison -City Engineer and Project Planner Donahoe, clarified they are there is room for certain flexibility in the zoning and discussed the campground language of the nonconforming section of the zoning and addressed questions and concerns by Residents and Property Owners of the City of Lake Elsinore on these matters. Motion by Chairman Gray as amended, second by Vice Chair Jordan to approve Resolution No. 2014 -43; Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending that the City Council of the City of Lake Elsinore approve Zone Code Amendment No. 2013 -02, an amendment to the Lake Elsinore Municipal Code, Title 17, Chapter 17.20, replacing the (L) Lakeshore Overlay District with a new L Lakeshore Zoning District, as part of the Consistency Zoning Project - Phase V with following changes to the draft: that Section 17.20.080 B regarding the minimum width of a lot be changed from 100 linear ft, to a minimum width of 60 ft.; that Section 17.20.083 regarding custom single - family homes, the provision regarding residential density for new subdivisions be moved to the development standards in Section 17.20.080 rather than being in the custom homes section; that Section 17.20.090 regarding parking be modified to allow carports subject to the Community Development Director pursuant to the Code section that was referenced regarding Minor Design Review (LEMC Section 17.184.110), to Modify 17.20.110 regarding nonconforming uses to modify paragraph B, to specify that family trusts or inheritance are not considered a change of ownership for the purposes of that paragraph. AYES: Chairman Gray, Vice Chair Jordan, Commissioner O'Neal, Commissioner Armit NOES: None ABSTAIN: None ABSENT: None City or lake Elsinore Page 5 Planning Commission Meeting Minutes - Draft November 18, 2014 Motion by Chairman Gray, second by Commissioner O'Neal to approve Resolution No, 2014 -44, Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending that the City Council of the City of Lake Elsinore approve Zone Change No. 2014 -06, known as the Consistency Zoning Project - Phase V, changing the Zoning of various parcels in the Lake Edge District of the City to Zones consistent with the General Plan Designation therein. AYES: Chairman Gray, Vice Chair Jordan, Commissioner O'Neal, Commissioner Armit NOES: None ABSTAIN: None ABSENT: None BUSINESS ITEM(S) - None STAFF COMMENTS Community Development Director Grant Taylor spoke about projects in the near future. COMMISSIONER COMMENTS Vice Chair Jordan thanked Project Planner Donahoe for all her hard work on project. Jordan also thanked the homeowners for showing up and working with the City on this. Chairman Gray concurred. ADJOURNMENT The next regular Planning Commission meeting will be held on Tuesday, December 2, 2014, at 6:00 p.m. at the Cultural Center, 183 N. Main Street, Lake Elsinore, CA 92530. AFFIDAVIT OF POSTING John Gray, Chairman City of Lake Elsinore Attest: Richard J. MacHott, LEED Green Associate Planning Manager City of Lake Elsinore Page 6 ORDINANCE NO. 2015- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT NO. 2013 -02, AN AMENDMENT TO THE LAKE ELSINORE MUNICIPAL CODE, TITLE 17, CHAPTER 17.20, REPLACING THE "(L) LAKESHORE OVERLAY DISTRICT" WITH A NEW "L LAKESHORE ZONING DISTRICT" AS PART OF THE CONSISTENCY ZONING PROJECT - PHASE V. WHEREAS, the City of Lake Elsinore adopted its General Plan on December 13, 2011; and WHEREAS, properties in the City have been designated "Lakeshore Residential' on the General Plan Land Use Map; and WHEREAS, an appropriate zone is not currently available that is entirely consistent and compatible with the "Lakeshore Residential' designation; 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, 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 November 18, 2014 at a duly noticed public hearing 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 Zoning Code Amendment No. 2013 -02 by unanimously adopting Planning Commission Resolution No. 2014 -43 recommending to the City Council approval of Zoning Code Amendment No. 2013 - -02; and WHEREAS, on January 27, 2015 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 ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed Zoning Code Amendment 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 Zoning Code Amendment is consistent with the requirements of California Planning and Zoning Law and with the CITY COUNCIL ORDINANCE NO. 2015 - Page 2 of 4 goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. That in accordance with the California Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council hereby makes the following findings for the approval of Zoning Code Amendment No. 2013 -02: 1. The proposed Zoning Code Amendment 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 amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed zone implements the General Plan, which was analyzed for its potential to have detrimental effects on the health, safety and welfare of residents. 2. The proposed Zoning Code Amendment will permit reasonable development of the area consistent with constraints and will make the areas affected more compatible with adjacent properties. a. The proposed zone includes development standards for custom single - family residences along the shorefront. 3. The proposed Zoning Code Amendment would establish land use densities, intensities and usage more in character with the subject properties' location, access. and constraints. a. The proposed Zoning Code Amendment recognizes development constraints and opportunities affecting the shorefront. 4. The proposed Zoning Code Amendment will not have a significant effect on the environment. a. Compliance with development standards and existing City ordinances regarding campgrounds and recreational vehicle parks, tree stumps, flood damage prevention, floodplain management, underground utilities, and parking standards protects the sensitive shorefront environment. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves of Zoning Code Amendment No. 2013 -02, incorporating the amendment into the Lake Elsinore Municipal Code as shown on Exhibit 'A' attached herein. SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such CITY COUNCIL ORDINANCE NO. 2015 - Page 3 of 4 invalidity shall not affect the other provisions of this Ordinance and are thereby declared to be severable. SECTION 5. This 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 twenty- seventh day of January 2015. Steve Manos, Mayor City of Lake Elsinore City Council ATTEST: Virginia J. Bloom, CMC City Clerk APPROVED AS TO FORM: Barbara Leibold City Attorney City of Lake Elsinore CITY COUNCIL ORDINANCE NO. 2015 - Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2015- was adopted at a regular meeting of the City Council of the City of Lake Elsinore on the twenty- seventh day of January, 2015, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Virginia J. Bloom, CMC City Clerk EXHI BIT 'A' Zoning Code Amendment No. 2013 -02 For Lakeshore (L) Zoning District Chapter 17.20 Sections: 17.20.010 Purpose 17.20.020 Zoning District area boundaries 17.20.030 Definitions for the purposes of this title. 17.20.040 Permitted uses 17.20.050 Conditional uses 17.20.060 Prohibited uses 17.20.070 Violations 17.20.080 Development standards 17.20.090 Parking 17.20.100 Application materials to be submitted 17.20.110 Nonconforming uses 17.20.120 Enforcement authority 17.20.130 Imposition of fines 17.20.140 Administrative appeal process 17.20.150 Interpretation of this chapter 17.20.010 Purpose The purpose of the Lakeshore District is to ensure that retention of certain water areas and shoreline areas with water - oriented activities are in conformance with the Lake Elsinore General Plan. Additionally, its purpose is to implement the relevant General Plan programs and provide enforcement for violators thereof as herein defined. 17.20.020 Zoning District area The Lakeshore District zone shall apply to any current and future lake shoreline area that is designated "Lakeside Residential" by General Plan Amendment, Update, Master Plan or Specific Plan. 17.20.030 Definitions for the purposes of this title For the purposes of this title, certain words and terms are defined as set out in this chapter. A. "Campground" shall mean an open air facility dedicated for use by tent, trailer or RV campers in a park -like setting. Amenities may include fireplaces, fire pits, gravel or 1 concrete pad for vehicle parking, picnic tables, utility hookups (gas, propane, water, electricity, sewer), potable water, toilets, showers, trash cans or bins. B. "Frontage" shall mean the maximum width of the shoreline, or that side abutting a street, within the bounds of a specific residential property. C. "Litter" shall include, but not be limited to, willful or negligent throwing, dropping, placing, depositing, or sweeping, or causing any such acts, of any waste matter or materials on any land or water in other than specified approved storage /waste containers, as so designated. D. "Ordinary High Water Mark (OHWM)" shall mean a point that represents the maximum rise of the Lake over the shorefront, or that can be expected to be produced by the Lake in non -flood conditions. OHWM defines the upper limits of Federal jurisdiction over non -tidal water bodies or traditional navigable waters of the United States, subject to the public's use, such as boating. Typically, private property owner rights become secondary to the overriding public rights and public safety in the water resource. It is used by the U.S. Army Corps of Engineers ( USACE), the Environmental Protect Agency, and other Federal agencies to determine the geographical extent of their regulatory programs. The OHWM is used throughout the nation as the standard to limit shoreline development. Typically, no permanent structures are permitted to be constructed below the OHWM, including fences. The OHWM for Lake Elsinore, as of the adoption of this ordinance, is 1.255' MSL. (It was reestablished and lowered by the USACE from 1,260'MSL on March 21, 2008). E. "Plot plan" shall mean a diagram showing the proposed placement of the house, structure or dock in relation to existing features of the property and adjacent properties, including property lines, street right -of -way, and driveway access. F. "Private encroachment" shall include, but not be limited to, any and every person who willfully or negligently commits a trespass by any of the following acts: 1. Enters upon any private land owned by any other person. 2. Any person entering upon any private land not owned by that person. 3. Entering upon any land owned by another or not by that person, whether posted or not by any person. 4. Entering upon any land owned by another or not by that person, posted or not, whether unenclosed or enclosed by prohibitive /restrictive entrance, by any person. G. "Shoreline" shall mean the line at which the Lake's water surface comes into contact with dry land. The shoreline will move as water levels change. H. Vehicle, Illegal parking thereof. Vehicle shall be defined as outlined within the State of California Vehicle Code. Illegal parking shall include, but not be limited to, any person(s) 2 in control of a vehicle, who willfully or negligently commits a parking violation by any of the following acts: 1. A vehicle which has entered upon /in or onto any private land, owned by another or not owned by that person, posted or not, whether unenclosed or enclosed by prohibitive /restricted entrance; 2. A vehicle, which has entered upon /in /along or onto any public lands, streets or rights -of -way, that is posted in verbiage, stating, "No Parking, Stopping or Standing —Tow Away Zone," or as prescribed by law, including State highways. 17.20.040 Permitted uses Uses permitted in the Lakeshore District shall be as follows: A. Custom, occupied single - family residences in accordance with Section 17.20.083. B. Existing occupied and permitted single - family residences and existing operating and licensed businesses consistent with this Chapter, as of the date of adoption of this Ordinance. C. Hiking and bicycle trails /tracks D. Jet -ski and boat rentals. E. Residential private boat docks for private pleasure craft, subject to the issuance of a City permit. F. Publicly owned park, in conformance with the Lake Elsinore General Plan. G. Restaurants 17.20.050 Conditional uses The following uses are allowed in the Lakeshore District provided a conditional use permit has been granted by the Planning Commission after notice and public hearing are properly conducted. Any use approved as a CUP shall conform to the General Plan and requirements for scenic corridors. A. Athletic fields B. Campgrounds and picnic grounds. C. Recreational vehicle /trailer parks. D. Hotels, bed and breakfast establishments, inns, rental cottages, and lodging facilities. E. Other retail uses that are limited, small scale, and that serve recreational uses, as deemed similar to the above - mentioned uses by the Director of Community Development, F. Playgrounds G. Tennis courts H. Structures exceeding the maximum height permitted by LEMC 17.20.080. 3 17.20.060 Prohibited uses Any use not specifically listed as allowed, by ownership right as a permitted /conditional use or special permit, are prohibited. The following uses are specifically prohibited: A. Off -site advertising structures B. Stand - alone, for -fee parking lots which are not an accessory use. C. Storage of any kind unless connected with existing occupied residential dwellings and consistent with all applicable City codes. D. Unauthorized vending /peddling and selling. 17.20.070 Violations It shall be unlawful to litter, commit private encroachment, illegally park a vehicle, all as defined herein, or to utilize property in a manner prohibited by the LEMC Section 17.20.060. Violations of this chapter shall be treated as an infraction offense for the first two of any such violations, and any subsequent violation may be treated and charged as either an infraction or a misdemeanor as determined by the court. 17.20.080 Development standards A. Any new subdivision of property shall provide a minimum six thousand square foot (6,000 s. f.) lot area. B. Residential densities for new subdivisions shall not exceed one (1) dwelling unit per 10,000 square feet. C. Any new subdivision of property shall provide a minimum of sixty (60) linear feet lot width. D. Minimum yard setback requirements are as follows: 1. All uses shall maintain a minimum setback of twenty feet (20') from Lakeshore Drive. 2. Side yard setback shall be five feet (5'). 3. Rear yard setback shall be established by the Planning Commission on a case -by- case basis. E. Except as otherwise provided by LEMC 17.20.050, building height shall be a maximum of thirty feet (30'). F. Fences may be erected within the Lakeshore District subject to approval of architectural theme determined by the Planning Commission. G. Fences within the Lake at 1,255 foot mean sea level or lower shall not be permanent, and shall be removed when the lakebed rises. H. Properties with tree stumps or dead trees shall comply with the LEMC Sections 5.120.130 and 5.120.120. 2 I. Access to any use must be approved by the Planning and Engineering Divisions based upon: 1. Safety of approach 2. Adequate facilities provided 3. Conformance with requirements as listed in the LEMC. J. Development shall adhere to the provisions of LEMC Chapter 15.64 - Flood Damage Prevention, and Chapter 15.68 — Floodplain Management. Additionally, property owners are subject to provide a flood easement to the City. K. Development applicants shall have a soils report prepared and receive City Engineer approval prior to construction on the property. The soils report shall identify County Fault Zones if present on the property. L. Utilities shall be required to be underground in accordance with Chapter 16.64 of the LEMC. M. Development shall support efforts to complete a multi - purpose trail system around the Lake in accordance with the goals and policies of the General Plan. 17.20.083 Custom Single Family Homes Development Standards A. New homes shall have an orientation and accessibility to the Lake for private use only. B. Lot coverage shall be calculated on the area of the property remaining above the "Ordinary High Water Mark," and the maximum of all structures shall be fifty percent. C. Development shall provide scenic vistas between homes, for the enjoyment of pedestrians as well as local residences. Fencing shall be topped with wrought iron or glass. Yard landscaping shall be low- growing. D. Development shall meet all traffic safety and circulation requirements for this area, which may require additional design and engineering. E. Development shall support public access to the Lake in accordance with the goals and policies of the General Plan. F. As required by LEMC Chapter 17.148, parking requirements for single - family homes, shall be two spaces per dwelling unit in a garage, plus two open spaces, which may be located in the driveway in a tandem position, in front of the garage door. In lieu of the two open spaces in the driveway, one open space per dwelling unit may be provided elsewhere on the lot. Additionally, carports may be allowed in lieu of the required garage, provided a Minor Design Review has been approved or conditionally approved by the Community Development Director or designee pursuant to the provisions of LEMC Section 17.184.110. G. Accessory uses for residential homes shall be permitted in accordance with Section 17.76.040 (R1 Zone Accessory Uses and Structures). 5 17.20.090 Parking Parking shall be allowed in conjunction or maintained in accordance with LEMC 17.20.040, 17.20.050 and 17.20.080, in addition to meeting all other City codes. No other parking shall be permitted and is prohibited as defined within LEMC 17.20.030(H). Violations shall be enforced as herein provided. 17.20.100 Materials to be submitted In addition to all materials and procedures required by the City's subdivision, zoning, building and grading regulations, and environmental review procedures applicable to lake shoreline development projects falling within the scope of this chapter, the following application materials shall be required to be submitted for lake shoreline development projects: A. A plot plan reflecting the proposed project including representations of property lines, all records and proposed property lines, all recorded and proposed easements, and public rights -of -way. B. A topographical map of the project site and adjacent terrain located within 150 feet of the project boundaries. C. A complete grading plan for the project. D. A landscaping plan which shall accurately show the final disposition of all existing trees on the project site and the type and extent of proposed vegetation. E. If the development project is within an area of special flood hazard, developer shall also submit a properly executed flood hazard deed notification document, which shall be recorded by the City to provide constructive notice to all future purchasers and encumbrances concerning the flood hazard. 17.20.110 Nonconforming uses. Any structure or use within the Lakeshore District which does not comply with the provisions of this chapter, but which is legally in existence, shall upon such date acquire the status of a lawfully nonconforming structure or use, subject to all Municipal Codes and ordinances. A. Unoccupied structures and buildings subject to LEMC 15.08.020. B. Campgrounds, unless a conditional use permit has been granted, shall upon change of ownership or expansion, be brought into conformance with all City codes and State of California, Title 25, within one year of the change of ownership or during the expansion of the campgrounds. A family trust or inheritance is not considered a change of ownership for the purposes of this provision. C. Foundations, walls and other concrete structures, not used for retaining purposes, not in conjunction or necessary with existing or developed property, shall be removed within six months. D. Open storage, storage structures, storage of materials, trailers, vehicles and boats not related to existing residential structures are prohibited unless stored in a legal manner in accordance with City codes. E. Stumps and dead trees shall be removed immediately. F. Refuse materials shall be removed immediately. 17.20.120 Enforcement authority. The City's Law Enforcement Agency and Code Enforcement Officers are appointed inspectors that ensure compliance with all provisions herein and have the right to enter free of charge, at any time, upon any place or parcel of land, to investigate and determine compliance and /or to enforce and perform all the regulatory provisions of LEMC 17.20.010 through 17.20.140. In addition, the Code Enforcement Officers are hereby empowered to issue written citations /tickets to trespassers, persons who litter and illegally parked vehicle - violators, as defined in LEMC 17.20.030(C), (F) and (H), whether the violator is physically present or not, found within the areas as defined within LEMC 17.20.020; these violations shall constitute a prima fascia presumption that the trespasser, person who litters, and last registered owner of record of vehicle, not having complied with the provisions of 17.20.030(C), (F) and (H) is responsible for such and is thereby liable for the cost of a fine as imposed and established hereafter. 17.20.130 Imposition of fines. Any person or registered owner in control of a vehicle found in violation of any provisions herein defined and described shall be fined with the following schedule: A. Littering. Any person found in violation of littering shall be fined $50.00 for the first offense, $100.00 for the second offense, and each additional offense may be treated and charged as either an infraction or a misdemeanor by the court. B. Private Encroachment. Any person found in violation of private encroachment shall be fined $50.00 for the first offense, $100.00 for the second offense, and each additional offense may be treated and charged as either an infraction or a misdemeanor as determined by the court. C. Illegal Parked Vehicle. A minimum fine of $15.00 shall be set for vehicle(s) found in violation. 17.20.140 Administrative appeal. A. Any person aggrieved by or dissatisfied with the provisions of this chapter may file a written appeal to the City Council as per City codes and ordinances. B. Any person aggrieved by or dissatisfied with the enforcement of this chapter may appeal to the Municipal Court as structured within due process of California law. 17.20.150 Liberal construction — Conflict. The provisions of this chapter shall be liberally construed to effectuate their purposes. If there is a conflict between this chapter and any other provisions of the Municipal Code, the provisions of this chapter shall prevail. ORDINANCE NO. 2015- ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2014 -06, KNOWN AS THE CONSISTENCY ZONING PROJECT — PHASE V, AMENDING THE OFFICIAL ZONING MAP, CHANGING THE ZONING OF VARIOUS PARCELS IN THE LAKE EDGE DISTRICT 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 Lake Edge District of the City, as presented on the General Plan's 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 November 18, 2014 at a duly noticed public hearing the Planning Commission has 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. 2014 -06 by adopting Planning Commission Resolution No. 2014 -44 recommending to the City Council approval of Zone Change No. 2014 -06; and WHEREAS, on January 27, 2015 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 ORDAINS 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 requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. ORDINANCE NO. 2015 - PAGE 2 of 6 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. 2014 -06 implements the General Plan with the appropriate zoning districts for development within the Lake Edge District 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. 2014 -06: 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 General Plan adopted 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. C. The proposed zone change will be beneficial to the public health, safety, comfort and welfare and will improve property in the neighborhood and the City by allowing a variety of commercial, public /institutional, and residential uses to be established in the Lake Edge District within the City. 2. The proposed zone change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent 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 constraints consistent with the adopted General Plan and subsequent text amendments to the zoning code. a. The proposed zone change takes into consideration existing development as well as vacant properties. 4. The proposed zone change implements the goals of the Lake Edge District. a. Development of recreational uses that will bring local residents and visitors to the Lake have been included. b. Accessibility to the Lake and view corridors are recognized as enhancements along the shorefront. ORDINANCE NO. 2015 - PAGE 3 of 6 C. Public /Institutional uses are appropriately zoned and identified. 5. The proposed zone changes will not have a significant effect on the environment. a. The potential impacts of the General Plan 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. 2014 -06, making the following zone changes to the City of Lake Elsinore Official Zoning Map, and as shown in Exhibits 'B' through 'E' attached: Area 1 — A portion of Assessor's Parcel No. 386- 100 -034 from R1 Single Family Residential to OS Open Space; and Assessor's Parcel No. 386- 120 -031 from R1 Single Family Residential to RMR Rural Mountainous; As shown on Exhibit'C.' Area 2 — Portions of Assessor's Parcel Nos. 379 - 070 -007 and -008; portions of Assessor's Parcel Nos. 379 -100 -002, -008 through -011, -015, -016, and -020; and a portion of Assessor's Parcel No. 379 - 120 -007 from CP Commercial Park to R Recreation; and Assessor's Parcel Nos. 379 - 191 -005 through -017 and 379 -192 -005 through - 013, and -022 from R3 — High Density Residential to R1 Single Family Residential; and Assessor's Parcel Nos. 379 - 191 -018 through -024, and a portion of -025 and 379 - 192 -015 through -018, portions of -019 and -020, and -021 from R Recreation to R1 Single Family Residential; and Assessor's Parcel Nos. 379 - 202 -001, -003, -005 through -018; 379 - 203 -001 through -013, -016 and -020; portions of 379- 204 -001 through -007 and -018; 379 -212- 002, -003, 010 through -012, -014 and -015; 379- 213 -003 through -005, -008, -009, - 012 through -019; 379 - 214 -002 through -005; portions of -006 through -009, portions of ORDINANCE NO. 2015 - PAGE 4 of 6 -012, -013 through -015 from R3 — High Density Residential to R2 Medium Density Residential; and Portions of Assessor's Parcel Nos. 379 - 204 -001 through -007 and -018; -010 through -017; 379 - 205 -001 through -015; and portions of 379 - 214 -012 through -015; - 016 through -020; a portion of 379 - 215 -003; 379 - 215 -004 through -010, -013 through - 020 from R Recreation to R2 Medium Density Residential; and A portion of Assessor's Parcel No. 379 - 215 -003 from CP Commercial Park to R2 Medium Density Residential; and Portions of Assessor's Parcel Nos. 379 - 215 -012, -022, -023; from R Recreation to CP Commercial Park; As shown on Exhibit'D.' Area 3 — Portions of 379 - 216 -001 and -002 from CP Commercial Park to R Recreation; and Assessor's Parcel No. 375 - 091 -001 from R1 Single Family Residential to R Recreation; and Assessor's Parcel Nos. 375 - 091 -002 through -004, -006 and -007 from C1 Neighborhood Commercial to R Recreation; and A portion of Assessor's Parcel No. 375 - 190 -024; and portions of Assessor's Parcel Nos. 375 - 240 -001 through -006, -008, -009, -013 and -014; portions of 375 -350- 002, -003, -045 through -047, -056; 375- 350 -024 through -039, -041 and -042, and 374- 211 -001 through -011, -015 through -019 from C1 Neighborhood Commercial to L Lakeshore; and Portions of Assessor's Parcel Nos. 375 - 250 -001 through -004, -007 through - 019, -022 through -033, -036 through -039 from R3 High Density Residential to L Lakeshore; and Assessor's Parcel Nos. 375 - 112 -001 through -009; 375 - 190 -001 through -023 and a portion of -024; portions of 375 - 240 -001 through -006, -008, -009, -013, -014; - 010 through -012; portions of Assessor's Parcel Nos. 375 - 250 -001 through -004, -007 through -019, -022 through -033, -036 through -039; 375 - 350 -005 through -009, -012 through -023, -057 and -058; 374 - 212 -001 through -011, -015 through -019; 374 -311- 001 through -020; and 374 - 312 -001 through -022 from R Recreation to L Lakeshore, As shown on Exhibit'E.' 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 ORDINANCE NO. 2015 - PAGE 5 of 6 invalidity shall not affect the other provisions of this Ordinance and are thereby declared to be severable. SECTION 6. This 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 twenty - seventh day of January, 2015. Steve Manos, Mayor City of Lake Elsinore City Council ATTEST: Virginia J. Bloom, CMC City Clerk APPROVED AS TO FORM: Barbara Leibold City Attorney City of Lake Elsinore ORDINANCE NO. 2015 - PAGE 6 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2015- was adopted at a regular meeting of the City Council of the City of Lake Elsinore on the twenty- seventh day of January, 2015, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Virginia J. Bloom, CMC City Clerk 1 !vr� 1151 v \ e° -: 1v\ IN G' �q1 ° �� / � r� - b °'' rL° Auaa`oss T o z v N Q n w H N W z w N � � n m N i z � N � C z° ^ m } y Y = O N K N L m 2 Z o- 1 J J �f.JV zQ w � H � U rO z c� zQ! 0 - 1 s , 7 J z z° 'o v O s N m N >> > G ZY �jl � /mil 2 Z o- 1 J J �f.JV zQ w � H � U rO z c� zQ! 0 - 1 s , 7 J � © �z ?\ m \ \\ 2\\ �\ m| f{ 2 +� S; \ /{ � \\ O m{ / ©| Z /{ ,/ ©{ \{ 2 }! / \! : � \ o « . \ \ \ \ � m \ \\ 2\\ �\ m| f{ 2 +� S; \ /{ � \\ O m{ / ©| Z /{ ,/ ©{ \{ 2 }! / \! : � \ INfo Op f V C n- l ULj CC� /h� /U OAr /rA/ 0 C n- l ULj CC� �j o f . c � � S UOJV� Z L3 � z N 3 O d C =1 N y Y 2} w Z N 1 3 i j3 I t z z Q� w zQ N� i 3 j a ' z o , � Z } Y H � r X � � a z U --1 C.11'Y 01 LAKE LS f f101--kE CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: Honorable Chairman And Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: November 18, 2014 SUBJECT: Consistency Zoning Project — Phase V including the following items: Zoning Code Amendment No. 2013 -02 — Amend Chapter 17.20 of the Lake Elsinore Municipal Code, by Replacing the "(L) Lakeshore Overlay District" with a New "L Lakeshore Zoning District "; and Zone Change No. 2014 -06, Known as the Consistency Zoning Project, Phase V, Change the Zoning of Various Parcels in the Lake Edge District of the City to Zones Consistent with the General Plan Designations Therein. Recommendation Staff recommends that the Planning Commission take the following action: Adopt Resolution No. 2014 - ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending that the City Council of the City of Lake Elsinore Approve Zoning Code Amendment No. 2013 -02, An Amendment to the Lake Elsinore Municipal Code, Title 17, Chapter 17.20, Replacing the '(L) Lakeshore Overlay District' with a New 'L Lakeshore Zoning District' as Part of the Consistency Zoning Project - Phase V. 2. Adopt Resolution No. 2014 - ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending that the City Council of the City of Lake Elsinore Approve Zone Change No. 2014 -06, Known as the Consistency Zoning Project — Phase V, Changing the Zoning of Various Parcels in the Lake Edge District of the City to Zones Consistent with the General Plan Designations Therein. PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06 November 18, 2014 Page 2 of 6 Background The City of Lake Elsinore adopted an update to its General Plan on December 13, 2011. Since then, the City Council has approved Consistency Zoning for all Commercial and Residential Mixed Use parcels, all High Density Residential parcels, and the Business, East Lake, North Peak, Lake View, Riverview and Country Club Heights Districts. Proiect Description The City now proposes Phase V of the Consistency Zoning Project, bringing the Official Zoning Map of the City into conformance with the adopted General Plan for the Lake Edge District. Discussion & Analysis Zoning Code Amendment No. 2013 -02 Staff proposes that the "L Lakeshore Overlay District" be removed from Chapter 17.20, and replaced in its entirety with a new "L Lakeshore Zoning District" as shown in Exhibit 'A.' The proposed zone adds custom residential homes as a permitted use, and provides the development standards to construct custom homes. Additionally, the proposed zone provides development standards for fencing at the shoreline and within the Lake; and encourages other compatible uses along the Lake, such as restaurants, hotels, athletic fields, hiking and bicycle trails, residential private boat docks, and playgrounds, either as a permitted use or use permitted with the approval of a Conditional Use Permit. The proposed zone does not extend into any other part of the City or County. Lakeland Village is not affected. Zone Change No. 2014 -06 The proposed zone changes that make zoning compatible with the General Plan designations in the Lake Edge District are shown in four exhibits, 'B' through 'E.' Exhibit 'B' indicates the three areas within the Lake Edge District where changes occur. Exhibits 'C,' 'D,' and 'E' detail Areas 1, 2 and 3, showing the existing zoning, the General Plan designation, and proposed zone change only. All color and enlarged 11 X 17 exhibits are provided as Attachment 3 under separate cover. Notification of Community Meeting On October 1, 2014, Staff mailed over 200 notifications to property owners or residents in the Lake Edge District. The notification invited property owners to attend a Community Meeting on October 23, 2014 at the Cultural Center to meet Staff and hear PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06 November 18, 2014 Page 3 of 6 about the Consistency Zoning Project, to obtain detailed information on the zones proposed, and to voice their concerns and ask questions. The notification /invitation letter is Attachment 4 to this Staff Report. Subsequent to the mailing, Staff received nearly 15 phone and e -mail inquiries and front counter visits. Approximately 25 -30 people attended the Community Meeting, and Staff addressed all questions that were asked. Staff also took the opportunity to introduce the community to a draft of the "Shorefront Guide to Lake Stewardship" which details how best to approach development along the Lake. This Guide is intended to be an informational document only and will not be adopted as part of the proposed "L Lakeshore Zoning District" or elsewhere in the Municipal Code. A copy of the current draft of the "Shorefront Guide to Lake Stewardship" is provided for the Planning Commission's information as Attachment 6 to this Staff Report. Property Owners' Concerns: 1. Proposed L Zone Setback Standard The draft L Lakeshore Zone was presented requiring a minimum setback of 30 feet from Lakeshore Drive. Staff used this requirement from the previous L Lakeshore Overlay Zone. However, it was pointed out that for those parcels with Lakeshore Drive on one side and Acacia Street on the other side, this requirement would constrain development. Staff has reassessed this requirement, and has changed their recommendation to require a minimum 20 foot setback similar to the R1 Single Family Residential Zone. 2. Acacia Street Vacation Affected property owners inquired about the right -of -way of Acacia Street as shown on City maps, and whether a vacation of the ROW would be supported by Staff. The Engineering Department expressed their concern that legal access must be provided for all lots in the area. The Planning Department pointed out that the City's General Plan identifies a pedestrian- oriented route (multi - purpose trail) along and within Lakeshore Drive as a Goal and Policy of the Lake Edge District. The Acacia ROW could be needed to meet this Goal. 3. The Formation of a Sewer Assessment District Several property owners acknowledged the lack of sewer lines along Lakeshore, and urged the City to assist in the formation of an assessment district to fund installation. It was learned in a recent discussion between Staff and Elsinore Valley Municipal Water District representatives that their Sewer Master Plan will evaluate infrastructure requirements to serve this area. The EVMWD Master Plan is expected to be completed in April 2015. Because of the flat topography, a lift station may be required to convey PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06 November 18, 2014 Page 4 of 6 sewage to an existing connection point. Also, properties located at a lower elevation than Lakeshore Drive may need individual booster pumps at each property site. Correspondence: Staff received three requests for reconsideration of the proposed zoning and one request to modify the proposed L Lakeshore Zoning Code. 1. Hong Young, APN 379 - 191 -009, -010, -011, (Letter Dated 10/17/14, Attachment #5a The General Plan designation of Low Density Residential governs Mr. Young's three parcels listed above. A site visit down Joy Street to the Lake waters revealed an established single - family residential neighborhood, with some vacant properties interspersed, consistent with the proposed R1 Single - Family Residential zoning. Mr. Young indicates that he plans to develop his parcels in combination with neighboring vacant land, but has not submitted a proposed site plan. Staff suggests that should a future proposal be submitted that both alters the configuration of the neighborhood to higher density residential and also blends well with the remaining single - family neighborhood, Mr. Young could propose his design with a General Plan Amendment and Zone Change at that time. 2. Hong Young, APN 379 - 100 -011 (Letters Dated 10/17/14 and 10/22/14, Attachment #5b) The property listed above is currently split- zoned, with the majority of the parcel zoned R Recreation and the portion fronting Riverside Drive zoned CP Commercial Park. The 2011 General Plan Update replaced all the CP designations along Riverside Drive including Mr. Young's parcel to R Recreation. Mr. Young submitted a request to retain the CP Zone along Riverside Drive on October 17, 2014. In further discussions with Staff, he explored the option of finding consistency with the PI Public Institutional Zone, because, if he could not build a restaurant on his Riverside Drive frontage, he wanted to develop a private school utilizing the entire parcel. Staff received a subsequent letter from Mr. Young dated October 22, 2014 requesting the PI Zone. While the General Plan /Zoning Compatibility Matrix does allow PI in the Recreation designation, Staff believes that it constitutes "spot zoning" in this area of the City. 3. Martin Ryder APN 379 - 202 -008 (Email Dated 11/11/14 Attachment #5c) Mr. Ryder's email opposes a change in zoning from R -3 to R -2 unless the language in the R -3 Zone, LEMC Section 17.84.080.B.5., dealing with side setbacks on existing legally nonconforming lots is added to the R -2 Zone. The language contained in Section 17.84.080.B.5 provides that "on existing, legally nonconforming lots which are substandard in width, ...a minimum side yard setback of 20 percent of the lot width may be allowed adjacent to a public right -of -way, with a minimum of 10 feet." In the both R -3 and R -2 Zones, the standard required street side yard setback is 15 feet. A 20% reduction of the 30 -foot width of Mr. Ryder's lot is 6 feet, so the minimum 10 feet would PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06 November 18, 2014 Page 5 of 6 apply along Lehr Street. Due to the 30 -foot width of Mr. Ryder's property, it will be difficult to develop the property in either the R -2 or R -3 zone, since the 20% reduction only reduces the 15 -foot side yard setback by 5 feet. Even with minimum street side yard and interior side yard setbacks totaling 15 feet, the remaining width for the construction of a home, garage and driveway is 15 feet on his 30 -foot wide lot. Staff believes that under either the existing R -3 zoning or the proposed R -2 zoning that Mr. Ryder would have to process a Variance request with the Minor Design Review application required to develop a single - family residence. Therefore, since Mr. Ryder's property is designated for Medium Density Residential land uses by the General Plan and the proposed R -2 zone is the most appropriate zoning for his property; Staff recommends R -2 zoning. 4. Paul Castagno Request to Modify the Proposed L Lakeshore Zone (Attachment #5d On October 15, 2014 Mr. Paul Castagno sent by email recommendations to modify the proposed L Lakeshore Zone. Staff modified some of the language to clarify the difference between existing construction and requirements for future subdivision or construction. Staff also added a definition for "Campgrounds" to Section 17.94.030 — Definitions, and believes it sufficiently covers both public and private campgrounds. Further, Staff has removed "Overnight Camping" as a permitted use in the zone because it is covered by Temporary Use Permit in other sections of the Municipal Code. Lastly, prohibited storage has been emphasized in Section 17.94.060. Environmental Determination The City certified a Recirculated Program Environmental Impact Report (RP -EIR) for the update to its General Plan. The proposed Zoning Code Amendment No. 2013 -02 and Zone Change No. 2014 -06 to the City's Official Zoning Map implements the General Plan update, providing a new zone that allows custom residential development in the Lakeshore Residential designation, and applying appropriate zoning districts compatible with their land use designations. No additional environmental review is required. Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION STAFF REPORT CONSISTENCY ZONING, PHASE V: ZCA 2013 -02, ZC 2014 -06 November 18, 2014 Page 6 of 6 Attachments: 1. Resolution No. 2014 -_ recommending that the City Council approve Zoning Code Amendment No. 2013 -02 for Title 17, Chapter 17.20 of the Lake Elsinore Municipal Code. a. Exhibit W— Proposed 'L Lakeshore Zoning District' 2. Resolution No. 2014 -_ recommending that the City Council approve Zone Change No. 2014 -06, known as the Consistency Zoning Project — Phase V, changing the zoning in the Lake Edge District. a. Exhibit 'B' — Lake Edge District Areas b. Exhibit'C' — Area 1 c. Exhibit 'D' —Area 2 d. Exhibit 'E'— Area 3 3. Color 11 X 17 Exhibits (Separate Cover) a. Exhibit 'B' — Lake Edge District Areas b. Exhibit 'C'— Area 1 c. Exhibit 'D' — Area 2 d. Exhibit 'E'— Area 3 4. Property Owner Notification /Invitation Letter dated October 1, 2014 5. Correspondence: a. Hong Young Letter Dated 10/17/14 for APNs 379 - 191 -009, -010, and -011 b. Hong Young Letters Dated 10/17/14 and 10/22/14 for APN 379- 100 -011 c. Martin Ryder Email Dated 11/11/14 for APN 379 - 202 -008 d. Paul Castagno Request to Modify the Proposed L Lakeshore Zone, email dated 10/15/14 6. Draft of the "Shorefront Guide to Lake Stewardship" - for informational purposes only (Separate Cover).