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No. 2015-1332ORDINANCE NO. 2015 -1332 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 of 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 -1332 PAGE 2 of 5 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 -1332 PAGE 3 of 5 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 -1332 PAGE 4 of 5 -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 -1332 PAGE 5 of 5 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. APPROVED AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 27th day of January 2015 and adopted at the regular meeting of the 10th of February 2015. 1 / ATTEST: _ n Virginia om, Jy'Clerk APPROVED AS TO FORM: Ads W e B rbara Zeid LE bold, 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. 2015 -1332 was introduced at the regular City Council meeting of January 27, 2015, and adopted at the regular meeting of February 10, 20151 by the following roll call vote: AYES: Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Magee, Council Member Hickman, and Mayor Manos NOES: None ABSENT: None AB ! AIN: None