HomeMy WebLinkAboutOrd. No. 2015-1339ORDINANCE NO. 2015 -1339
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA APPROVING PRE - ANNEXATION ZONE
CHANGE NO. 2014 -02 CHANGING THE OFFICIAL ZONING MAP OF
THE CITY OF LAKE ELSINORE, SUBJECT TO COMPLETION OF
ANNEXATION NO. 83
WHEREAS, Eric Werner, Nichols Road Partners, LLC has submitted an
application to annex 666.66 acres of land within the City's Sphere of Influence generally
located north and south of Nichols Road and generally bounded by Interstate 15 to the
west and south and El Toro Road to the east into the corporate boundaries of the City of
Lake Elsinore; and
WHEREAS, the proposed annexation consists of properties owned by Nichols
Road Partner's LLC (APN 389 - 210 -008, 389 - 210 -032, 389 - 210 -036, 389 - 210 -034 and
390 - 230 -005); the Western Riverside County Regional Conservation Authority (RCA)
(APN 390 - 270 -007 and 390 - 270 -009); the Bureau of Land Management (APN 390 -230-
008; and, Elsinore Valley Unified School District (APN 389 - 210 -037, 389 - 210 -039); and
WHEREAS, Government Code Section 56375 requires that as a condition to
annexation, a city shall pre -zone the territory to be annexed or present evidence
satisfactory to the Local Agency Formation Commission ( "LAFCO ") that the existing
development entitlements on the territory are vested or built out, and are consistent with
the City's general plan; 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, the City prepared a Recirculated Program Environmental Impact
Report (State Clearinghouse No. 2005121019: the "RP -EIR ") to address the potential
environmental impacts of a comprehensive update of its General Plan pursuant to the
California Environmental Quality Act (California Public Resources Code Sections 21000
et seq.: "CEQA "), the State Guidelines for Implementation of the California
Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the
"State CEQA Guidelines "), and the City's Procedures for Implementing the State CEQA
Guidelines and its other procedures relating to environmental evaluation of public and
private projects; and
WHEREAS, on December 13, 2011 the City Council of the City of Lake Elsinore
certified the RP -EIR with Errata and Responses to Comments, the Findings of Fact and
City Council Ordinance No. 2015 -1339
Page 2 of 4
Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting
Program; and
WHEREAS, the potential environmental impacts of the General Plan's land use
designations for property within the City limits and within the City of Lake Elsinore's
Sphere of Influence were evaluated in the certified RP -EIR; and
WHEREAS, an Initial Study /Addendum to the General Plan Update Recirculated
Program Environmental Impact Report (GPU EIR) (SCH No. 2015121019) was
prepared to provide an evaluation of potential site - specific environmental effects that
could result from the proposed Project, compared those effects to what was disclosed
by the GPU EIR and concluded that the significant effects that would result from the
Project have been addressed in the earlier certified GPU EIR; 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
making recommendations to the City Council for changes to the official zoning map; and
WHEREAS, on April 21, 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 -35 recommending that the City Council approve Pre -
Annexation Zone Change No. 2014 -02 by ordinance; and
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 April 21, 2015, 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.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed Zone Change No.
2014 -02 pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.)
and Chapter 17.188 of the Lake Elsinore Municipal Code ( "LEMC ").
SECTION 2. That in accordance with the Cortese -Knox Hertzberg Local
Government Reorganization Act of 2000, State Planning and Zoning law and the City of
Lake Elsinore Municipal Code ( "LEMC "), the City Council makes the following findings
for the approval of Pre - Annexation Zone Change No. 2014 -02:
1. 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
City Council Ordinance No. 2015 -1339
Page 3 of 4
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 pre- annexation zoning will not be detrimental, but 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,
public /institutional and open space uses to be established within the Annexation
Area consistent with the General Plan and providing for future improvement and
development of infrastructure improvements such as water and sewer lines,
lighting and paving of existing dirt right of ways.
2. The proposed action will be consistent with the latest General Plan.
a. The proposed action will be consistent with the Goals, Policies and
Implementation Programs of the General Plan and the development
standards established with the LEMC.
The pre- annexation zoning is consistent with Goal 1 of Chapter 2.0
(Community Form) of the General Plan in that this pre- annexation zoning
will assist in achieving the City's goal to "create a diverse and integrated
balance of residential, commercial, industrial, recreational, public and
open space land uses" and the related Implementation Program to
update the Official Zoning Map "to provide consistency between zoning
requirements and General Plan land use designations."
b. The proposed pre- annexation zoning designations conform to and are
consistent with the City of Lake Elsinore's General Plan Land Use Map.
The proposed CMU (Commercial Mixed -Use), O -S (Open Space), R -H
(Hillside Single- Family Residential) and P -1 (Public Institutional) zoning
districts are consistent with the City of Lake Elsinore General Plan's
General Commercial, Open Space, Hillside Residential, and Public
Institutional land use designations adopted for the annexation area by
the Lake Elsinore City Council on December 13, 2011.
3. In accordance with the requirements of the California Environmental Quality Act
(CEQA), impacts have been reduced to a less than significant level, or in the
case where impacts remain, a statement of overriding considerations must be
adopted to justify the merits of project implementation.
On December 11, 2011, the City Council approved and certified a
Recirculated Program Environmental Impact Report which analyzed the
environmental impacts associated with the development of the General Plan
land use designations for the City and its Sphere of Influence (State
Clearinghouse No. 2005121019).
City Council Ordinance No. 2015 -1339
Page 4 of 4
In accordance with Section 15162 of the California Environmental Quality Act
(CEQA) Guidelines, the proposed amendments to previously approved
projects do not present substantial changes or reveal new information that
would require Subsequent or Supplemental EIR analysis. However, some
changes or additions to the information contained in the certified EIR is
necessary in order to approve the proposed project. For this reason,
pursuant to Section 15164 of the CEQA Guidelines, an Initial
Study /Addendum to the General Plan Update Recirculated Program
Environmental Impact Report (GPU EIR)(SCH No. 2015121019) was
prepared to provide an evaluation of potential site - specific environmental
effects that could result from the proposed Project, compared those effects to
what was disclosed by the GPU EIR and concluded that the significant effects
that would result from the Project have been addressed in the earlier certified
GPU EIR. The Initial Study /Addendum constitutes Addendum # 1 to the
General Plan Update Recirculated Program Environmental Impact Report
(SCH No. 2015121019).
SECTION 3. The City Council has considered the proposed Pre - Annexation
Zone Change No. 2014 -02 and based upon the evidence presented the City Council
hereby adopts Pre - Annexation Zone Change No. 2014 -02 and amendment to the
Zoning Map with the City's pre- zoning designations shown on the pre- annexation
zoning map attached to this Ordinance as Exhibit "A ".
SECTION 4. 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 Ma
Council meeting on the gth day of June 201
ATTEST: L
Diana Giron, Deputy City Clerk,-
IGlilili�� �
ra Leibold, City Attorney
City Council of the City of Lake
and Adopted at the regular City
Mayor
LEGEND
In City Boundary
EmAnnexation 83 Boundaries
CITY PRE - ZONING
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HR - Hillside Single - Family Residential
CMU - Commercial Mixed Use
I� OS - Open Space
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ZONE CHANGE NO. 2014 -02
ANNEXATION 83 - PRE - ZONING
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 -1339 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: Mayor Pro Tern Tisdale, Council Member Hickman, Council
Member Johnson, Council Member Magee, and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
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Diana - Giron, Deputy City Clerk