HomeMy WebLinkAboutOrd. No. 2015-1338ORDINANCE NO. 2015 -1338
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA ADOPTING ZONE CHANGE NO. 2014 -01
FOR 20.2 ACRES LOCATED ON THE SOUTH SIDE OF HOLLAND
ROAD, EAST OF HERMOSA DRIVE AND ON THE NORTH SIDE OF
CORSON AVENUE
WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore
to change the zoning of the City's Official Zoning Map ( "Zone Change ") for 20.2 acres
located on the south side of Holland Road, east of Hermosa Drive and on the north side
of Corson Avenue (APN 358 - 130 -020) ( "the Property ") from R -E (Estate Single - Family
Residential District) to R -1 (Single - Family Residential District; and
WHEREAS, the Zone Change conforms to and is consistent with the Low -
Medium Density Residential (LMR) General Plan land use designation for the subject
Property; and
WHEREAS, the Project is subject to the provisions of the California
Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the
State Implementation Guidelines for CEQA (14 California Code of Regulations Sections
15000, et seq.: "CEQA Guidelines ") because the Project involves an activity which may
cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment, and involves the issuance of a lease,
permit license, certificate, or other entitlement for use by one or more public agencies
(Public Resources Code Section 21065); and
WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an
Initial Study to determine if the Project would have a significant effect on the
environment. The Initial Study revealed that the project would have potentially
significant environmental impacts but those potentially significant impacts could be
mitigated to less than significant levels; and
WHEREAS, pursuant to CEQA Guidelines Section 15072, on October 16, 2014
the City duly issued a notice of intent to adopt a Mitigated Negative Declaration; and in
accordance with CEQA Guidelines Section 15073, the Initial Study /Mitigated Negative
Declaration was made available for public review and comment for thirty days beginning
on February 26, 2015 and ending on March 30, 2015; and
WHEREAS, pursuant to Section 17.188.040 of the Lake Elsinore Municipal Code
( "LEMC ") the Planning Commission has been delegated with the responsibility of
recommending to the City Council the approval or denial of zone changes; and
WHEREAS, on April 7, 2015 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 adopted Planning
Commission Resolution No. 2015 -28 recommending that the City Council approve Zone
Change No. 2014 -01 by ordinance; and
City Council Ordinance No. 2015 -1338
Page 2 of 3
WHEREAS, pursuant to Section 17.188.050 of the Lake Elsinore Municipal
Code, the City Council has the authority to approve, modify or disapprove the
recommendation of the Planning Commission regarding zone changes; and
WHEREAS, on May 12, 2015, at a duly noticed public meeting, 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 RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed the proposed Zone
Change No. 2014 -01 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 Change No. 2014 -01
is consistent with the requirements of California Planning and Zoning Law, with the
goals and policies of the Lake Elsinore General Plan and with the Lake Elsinore
Municipal Code.
SECTION 2. The City Council has considered Mitigated Negative Declaration
No. 2015 -03 and the Mitigation Measures appertaining thereto. Mitigated Negative
Declaration No. 2015 -03 was prepared pursuant to Section 15162 of the California
Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and
Mitigated Negative Declaration No. 2015 -03 provides the necessary environmental
clearance for Zone Change No. 2014 -01.
SECTION 3. That in accordance with the State Planning and Zoning Law and
Chapter 17.188 (Amendments) of the Lake Elsinore Municipal Code, the City Council
hereby makes the following findings for the approval of the Zone Change No. 2014 -01:
1. The proposed Zone Change is consistent with the goals and policies of the City's
current General Plan.
The subject project site is designated as Low- Medium Density Residential
( "LMR') by the City of Lake Elsinore General Plan. The proposed R -1
(Single- Family Residential) zoning is consistent with the LMR land use
designation, as shown on Appendix B (General Plan/Zoning Compatibility
Matrix) of the General Plan.
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.
City Council Ordinance No. 2015 -1338
Page 3 of 3
The proposed R -1 zoning will allow for the development of the single - family
residential development that is consistent with the lot sizes and development
standards of the adjacent Canyon Hills Specific Plan.
3. The proposed Zone Change 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.
The proposed Zone Change has been analyzed relative to its potential to
have detrimental effects and conditions have been imposed on the subject
project to ensure that the health, safety and welfare of surrounding residents
will be protected.
4. The proposed development will not have a significant effect on the environment.
The effects of the project has been analyzed in the Mitigated Negative
Declaration /Initial Study (SCH #2015021082) prepared for Zone Change No.
2014 -01 and its related cases, and adequate mitigation measures have been
prepared where necessary.
SECTION 4. Based upon the evidence presented, both written and testimonial,
and the above findings, the City Council hereby adopts Zone Change No. 2014 -01 by
ordinance.
SECTION 5. This Ordinance shall take effect from and after the date of its
passage and adoption.
INTRODUCED at a regular meeting of
Elsinore, California, on the 26th day of M y .
Council meeting on the g'" day of June 20
ATTEST:
Diana Gir6n, Deputy City Clerk
ra Leibold, City Attorney
City Council of the City of Lake
,and Adopted at the regular City
, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Diana Giron, Deputy City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2015 -1338 was introduced at the regular City Council
meeting of May 26, 2015, and adopted at the regular meeting of June 9, 2015, by
the following roll call vote:
AYES: Council Member Johnson, Council Member Hickman, Mayor Pro
Tern Tisdale, and Mayor Manos
NOES: Council Member Magee
ABSENT: None
ABSTAIN: None
E n
Diana Giron, Deputy City Clerk