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Home My WebLink AboutOrd. No. 2017-1384 Adopting Zone Change No. 2017-03ORDINANCE NO. 2017-1384 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING ZONE CHANGE NO. 2017-03. Whereas, the City of Lake Elsinore (City) initiated Zone Change (ZC) No. 2017-03 to amend the zoning on properties located at Assessor's Parcel Nos. 370-080-013 and -021 from Specific Plan Zone to the M1 -Limited Manufacturing Zone; and to amend the zoning on properties or portions of properties located at Assessor's Parcel Nos. 363-130-078, -080, -085 and -087; 373-210-018, -030, -032, and -045; 373-300-008, -012 thru -014, -017, and -033 thru -036; 373-310-001, and - 009 thru -012; 373-320-002 thru -007, -014 and -015 from Floodway to the SP -Specific Plan Zone; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.188 (Amendments) the Planning Commission (Commission) has been delegated with the responsibility of reviewing and making recommendations to the City Council (Council) regarding zone changes, and, Whereas, on November 7, 2017, at a duly noticed public hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted Commission Resolution No. 2017-96 recommending that the Council approve ZC No. 2017-03; and, Whereas, on November 28, 2017, at a duly noticed public hearing, the Council has considered the recommendation of the 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 DOES HEREBY DETERMINE AND ORDER AS FOLLOWS: Section : The Council has reviewed and analyzed proposed ZC•No. 2017-03, pursuant to the California Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (LEGP) and the LEMC and finds that the proposed ZC is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the LEGP and the LEMC. Section 2: The Council has certified the Final Environmental Impact Report (FEIR) (SCH No. 2016110029) and adopted the Mitigation Measures appertaining thereto. The FEIR was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and the FEIR provides the necessary environmental clearance for ZC No. 2017-03. Section : That in accordance with the California Government Code, Title 7, Division 1, Article 8, Sections 65450 through 65457, California Planning and Zoning Law, and the LEMC, the Council makes the following findings for the approval of ZC No. 2017-03: 1. The proposed ZC 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 ZC has been analyzed relative to its potential to have detrimental effects, and land uses, designations and regulations have been imposed to ensure that the health, safety and welfare of affected residents will be protected. Reso No. 2017-1384 Page 2 of 6 b. Changing the zoning of the existing industrial buildings along Corydon Avenue from East Lake Specific Plan to M-1 Limited Manufacturing will ensure that all Limited Manufacturing uses along Corydon Avenue will be treated fairly and equitably. 2. The proposed zone change is consistent with the General Plan (GP) a. ZC No. 2017-03 is consistent with the GP as amended by GPA No. 2016-01. b. GPA No. 2016-01 changes the land use designation of the Inlet Channel from Auto Center Drive (north) to the Lake (west) from Floodway to Specific Plan and removes two parcels along Corydon that have existing industrial buildings from the ELSP, and designates them as Limited Industrial. 3. The proposed ZC will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. Adjacent properties along Corydon Avenue have been developed under the Limited Manufacturing Zone development standards. The proposed ZC will make the two parcels subject to this proposed zone change to the M1 -Limited Manufacturing Zone more consistent with adjacent properties. 4. The proposed ZC would establish a land use density, intensity and usage more in character with the subject property's location, access and constraints. a. The Inlet Channel is currently included in the ELSP and this change in zoning corrects a mapping error. The correction of the zoning of the Inlet Channel will ensure that the development of action sports within its waters will be governed by similar standards for other action sports venues in the ELSP. b. Properties along Corydon have developed as an enclave of manufacturing uses, which the City encourages in order to provide jobs and a balance of land uses for the community. 5. In accordance with the requirements of the CEQA, impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations was adopted to justify the merits of project implementation. a. The effects of the proposed ZC has been analyzed in Environmental Impact Report (SCH 201611029) prepared for the ELSPA No. 11 and its related cases, and adequate mitigation measures have been prepared where necessary, and a Statement of Overriding Considerations has been recommended where required. Section 4. Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby approves ZC No. 2017-03, making the following zone changes to the City's Official Zoning Map, and as shown in attached Figures 1 and 2. a. In accordance with Figurel; change the City's Official Zoning Map designation from Floodway to the SP -Specific Plan Zone for Assessor's Parcel Nos. 363-130-078, -080, - 085 and -087; 373-210-018, -030, -032, and -045; 373-300-008, -012 thru -014, -017, and -033 thru -036; 373-310-001, and -009 thru -012; 373-320-002 thru -007, -014 and -015. Reso No. 2017-1384 Page 3 of 6 b. In accordance with Figure 2; change the City's Official Zoning Map designation from Specific Plan Zone to the M1 -Limited Manufacturing Zone for Assessor's Parcel Nos. 370- 080-013 and -021. Section 5. Severability. 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 Ordinance 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 6. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the 31St day after the date of adoption. Section 7. Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause a synopsis of the same to be published according to law. Passed and Adopted on this 12th day of December 2017. Robert F. "Bob" MV gee Mayor Attest: f Susan M. Domen, MMC City Clerk 1 Robert F. "Bob" MV gee Mayor Attest: f Susan M. Domen, MMC City Clerk Reso No. 2017-1384 Page 4 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. 2017-1384 was introduced at the Regular meeting of November 28, 2017, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of December 12, 2017, by the following vote: AYES: Council Members Manos, Hickman and Tisdale; Mayor Pro -Tem Johnson and Mayor Magee NOES: None ABSENT: None ABSTAIN: None I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Lake Elsinore, California on the 6th day of December 2017, and on the 16th day of December 2017. usa omen,MMC City Clerk Reso No. 2017-1384 Page 5 of 6 J � yw r C ro oa 1' N U d U 1 Y O Q y^ IL cn w kil r 4 IF v N 0 70 � Q t (7 LL h Z5LL t A 1 � A Reso No. 2017-1384 Page 6of6 7L1t� Np15Sf W C `a G 2 z 0 Q c/] O 0. w 2 O 0 2 H cn W J