HomeMy WebLinkAboutOrd. No. 2017-1373 Approving Zone Cange No. 2017-01ORDINANCE NO. 2017 - 1373
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
CALIFORNIA APPROVING ZONE CHANGE NO. 2017 -01 REVERTING THE ZONING
DESIGNATION OF LOW RESIDENTIAL ESTATE TO R -1 SINGLE FAMILY
RESIDENTIAL FOR ASSESSOR PARCEL NUMBERS: 379 - 150 -001, 002,041 thru 044
Whereas, Government Code Section 65103 empowers the legislative body to implement the
General Plan (GP) 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 GP; and,
Whereas, Resolution No. 2004 -11A of the City of Lake Elsinore (City), which establishes
procedures and requirements for implementation of the Western Riverside County Multiple
Species Habitat Conservation Plan (MSHCP), specifically exempts the adoption or amendment
of any Land Use or Zoning Ordinance in Section IV — Exemptions; and,
Whereas, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000
et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et
seq.: "CEQA Guidelines "), public agencies are expressly encouraged to reduce delay and
paperwork associated with the implementation of CEQA by using previously prepared
environmental documents when those previously prepared documents adequately address the
potential impacts of the proposed Project (CEQA Guidelines Section 15006); and,
Whereas, CEQA Guidelines Section 15162 establishes the standard to be used when
determining whether subsequent environmental documentation is necessary and says that
when an environmental document has already been adopted for a Project, no subsequent
environmental documentation is needed for subsequent entitlements which comprise the whole
of the action unless substantial changes or new information are presented by the Project; and,
Whereas, the City approved Mitigated Negative Declaration (MND) No. 2005 -05 (SCH No.
2005121086) on February 28, 2006. All potentially significant impacts have been avoided or
mitigated pursuant to the earlier MND and none of the conditions described in Section 15162
exist. No substantial changes which require major revisions to the MND exist and no new
information of substantial importance which require revisions to the earlier MND exist. Therefore,
no further environmental documentation is necessary; and,
Whereas, on March 7, 2017, at a duly noticed Public Hearing the Planning Commission
(Commission) has considered evidence presented by the Community Development Department
and other interested parties with respect to this item and took action to unanimously recommend
approval for the proposed Zone Change; and,
Whereas, on March 28, 2017, at a duly noticed Public Hearing the City Council (Council) 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 FOLLOWS:
Ord. No. 2017 - 1373
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Section 1. The Council has reviewed and analyzed the proposed General Plan Amendment
(GPA) pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.),
the GP and the Lake Elsinore Municipal Code (LEMC) and finds and determines that the
proposed GPA is consistent with the requirements of California Planning and Zoning Law and
with the goals and policies of the GP and the LEMC.
Section 2. That in accordance with the California Planning and Zoning Law and the LEMC, the
Council hereby makes the following findings for the approval of Zone Change 2017 -01:
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.
The proposed Zone Change would change the current Zoning Designation of Residential
Estate to R1 Single Family Residential. The proposed Zone Change has been analyzed
relative to its potential to have detrimental effects to ensure that the health, safety and
welfare of surrounding residents will be protected. The proposed Zone Change would
create consistency with the General Plan Land Use Designation Low Medium Density
Residential which was in effect at the time of the approval of Tentative Tract Map 33468.
The proposed Zone Change has been found to not be detrimental health, safety and
welfare of surrounding residents as it restores the previous zoning and is compatible with
the surrounding development.
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
The subject properties are bounded by Residential Estate and R1 Single Family
Residential developments. Areas along the Project edge with Lower Density Zoning
District or to an existing developed parcel with a larger lot size than required in the R -1
District, a transition or buffer shall be provided between the adjacent property and a new
subdivision, which may include, but is not limited to, lot size, lot width, lot depth,
increased setbacks, or slopes. The purpose of this transition shall be to minimize the
disparity between different densities of development. The adequacy of this transition
shall be subject to the review and approval of the Commission and Council on a case -
by -case basis. Because the proposed Zone Change is consistent with adjacent R1
designations and would be required to transition development along the boundaries with
Lower Density Zoning, it is has been found to permit the reasonable development of the
area.
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 GP and subsequent text amendments to the Zoning Code.
The proposed Zone Change takes into consideration existing development as well as
vacant properties.
4. The proposed Zone Change implements the goals of the Lakeview District.
Ord. No. 2017 - 1373
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The Lakeview District promotes a diversity of densities of Residential and Commercial
Developments. The proposed Zone Change creates a consistent Residential
Development with the goals and objectives of the Lakeview District.
5. The proposed Zone Changes will not have a significant effect on the environment.
The City approved MND No. 2005 -05 (SCH No. 2005121086) (MND) on February 28,
2006. All potentially significant impacts have been avoided or mitigated pursuant to the
earlier MND and none of the conditions described in Section 15162 exist. No substantial
changes which require major revisions to the MND exist and no new information of
substantial importance which require revisions to the earlier MND exist. Therefore, no
further environmental documentation is necessary.
Section 3. Based upon the evidence presented, both written and testimonial and such other
matters as reflected in the record, and the above findings, the Council adopts of Zone Change
No. 2017 -01 reverting the Zoning Designations of Assessor Parcel Numbers: 379 - 150 -001, 002,
and 041 thru 044 from Residential Estate to R1 — Single Family Residential.
Section 4. If any provision of this Ordinance or its application is held invalid by a court of
competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications
of the Resolution which can be given effect without the invalid provision or application, and to
this end each phrase, section, sentence, or word is declared to be severable.
Section 5. This Ordinance shall take effect thirty (30) days after the date of its final passage or
such later date as may be designated by the Council. The City Clerk shall certify as to the
adoption of this Ordinance and cause this Ordinance to be published and posted in the manner
required by law.
Passed and Adopted this 11 th day of April, 201'
Attest:
Diana Gir6n, MC
Deputy City Clerk
Ord. No. 2017 - 1373
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Diana Giron, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing
Ordinance No. 2017 -1373 was introduced at the Regular meeting of March 28, 2017, and
adopted by the City Council of the City of Lake Elsinore at its Regular meeting of April 11, 2017,
by the following vote:
AYES: Council Members Hickman, Manos and Tisdale; Mayor Magee
NOES: None
ABSENT: Mayor Pro Tem Johnson
ABSTAIN: None
Diana Giron, MC
Deputy City Clerk