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HomeMy WebLinkAboutItem No. 10 Planning App No. 2016-109 Mckenna Ct.Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-124 Agenda Date: 3/28/2017 Status: Public HearingVersion: 1 File Type: ReportIn Control: City Council Agenda Number: 10) Page 1 City of Lake Elsinore Printed on 3/23/2017 Page 1 of 3 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by: Justin Kirk, Principal Planner Date:March 28, 2017 Subject:Planning Application No. 2016-109 (McKenna Court):A request for the approval of a technical amendment of the General Plan to correct a mapping error by reverting the General Plan Land Use Designation from Low Density Residential to Low-Medium Density Residential and a Zone Change to revert the Zoning from Residential Estate to R1-Single Family Residential. Applicant:City of Lake Elsinore Recommendation adopt, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA APPROVING GENERAL PLAN AMENDMENT NO. 2017-001, A TECHNICAL AMENDMENT TO CORRECT A MAPPING ERROR BY REVERTING THE GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL FOR ASSESSOR PARCEL NUMBERS: 379-150-001, 002, 041 thru 044; and, adopt, 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. Background On February 28, 2006, the City Council approved Mitigated Negative Declaration No. 2005-05 (SCH No. 2005121086) (MND), Zone Change No. 2005 -02, and Tentative Tract Map No. 33486. Tentative Tract Map 33486 proposed to subdivide approximately 24 acres into 83 single family residential lots (including two existing single family residences). Lots ranged in size from 7,200 square feet to 12, 166 square feet averaging 9,437 square feet. The subject zone change changed the properties’ zoning designation from Residential Estate to R-1 Single Family Residential. On May 8, 2007, the City Council approved RDR 2006-11 which provided architectural plans for the development of the property. On February 26, 2008, the City Council approved a three year extension of time. Page 2 of 3 On December 13, 2011, the City Council approved a General Plan Update, as part of this update the properties’ General Plan Land Use Designation changed from Low Medium Density Residential to Low Density Residential. On December 13, 2013, the City Council approved Consistency Zoning Phase III, which included the Lakeview District and the subject properties which changed the zoning from R-1 to RE. On February 14, 2017, the City Council approved the final three year extension of time. On March 7, 2017, the Planning Commission took action to recommend approval of both General Plan Amendment 2017-01 and Zone Change 2017-01 to the City Council. Discussion The 2011 General Plan Update was mistakenly modified the land use designation of the subject properties from Low Medium Density Residential to Low Density Residential. The subsequent rezoning of the property from R1 – Single Family Residential to Residential Estate was done as part of the City’s consistency zoning efforts which brought the properties into consistency with the previously modified General Plan land use changes. However an unintended consequence of these actions was that they created an approved tentative tract map that once recorded would create legally nonconforming lots. Tentative Tract Map 33486 had a net density of 3.5 dwelling units per acre, while the maximum density permitted in the Low Density Residential designation is 3.0 dwelling units per acre, thus making the valid map inconsistent with the General Plan. Furthermore, development of the land in a manner consistent with the approved map would be difficult as the subdivided lots would not create development which could be found consistent with the development standards of the Residential Estate zone district. After conferring with the City Attorney’s office, it was determined that the City’s design review ordinance intends that a project’s design be consistent with the “applicable” general plan and zoning – “applicable” being the general plan and zoning designations in effect at the time of tentative map approval. However, while the project could proceed through the issuance of Certificates of Occupancy, it would immediately create legally non-conforming lots which would create an undue burden on the future homeowners. The proposed actions to revert both the General Plan Land Use Designation and Zoning designation to the designations in place at the time of the approval of the original project entitlements would eliminate all of the aforementioned issues. Environmental Determination Pursuant to CEQA Guidelines Section 15162, staff has determined that this technical General Plan Amendment and Zone change would not have a significant effect on the environment and no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier mitigated negative declaration. All potentially significant impacts have been avoided or mitigated pursuant to the earlier mitigated negative declaration and none of the conditions described in Section 15162 exist. The MND was adopted by the City Council on February 28, 2006 for TTM 33486. 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. Page 3 of 3 Fiscal Impact Costs have been incurred for staff time to research, draft and process the proposed General Plan Amendment and Zone Change. No increase in expenditures or revenues are anticipated as a part of the General Plan Amendment or Zone Change. Exhibits A – GPA Resolution B – RZ Ordinance C – Vicinity Map D – Aerial Map E – TPM 33486 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2017-001, A TECHNICAL AMENDMENT TO CORRECT A MAPPING ERROR BY REVERTING THE GENERAL PLAN LAND USE DESIGNATION OF LOW DENSITY RESIDENTIAL TO LOW-MEDIUM DENSITY RESIDENTIAL FOR ASSESSOR PARCEL NUMBERS: 379-150-001, 002, 041 thru 044 Whereas, the City of Lake Elsinore adopted its General Plan (GP) on December 13, 2011; and, Whereas, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four times during any calendar year; 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,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 No. 2005-05 (SCH No. 2005121086) (MND) on February 28, 2006. All potentially significant impacts have been avoided or mitigated pursuant to the earlier mitigated negative declaration 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 has considered evidence presented by the Community Development Department and other interested parties with respect to this item. Whereas, on March 28, 2017, at a duly noticed public hearing City 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 LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: CC Reso. No. 2017- Page 2 of 3 Section 1. The City Council has reviewed and analyzed the proposed general plan amendment 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 general plan amendment is 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. Section 2. That in accordance with the California Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council hereby makes the following findings for the approval of General Plan Amendment No. 2017-01: 1. The proposed general plan amendment 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 technical general plan amendment 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 amendment would correct a mapping error that was made during the adoption of the General Plan in 2011. The correction would revert the General Plan Land Use Designation from Low Density Residential to Low Medium Density Residential which was in effect at the time of the approval of Tentative Tract Map 33468 2. The proposed general plan amendment will permit reasonable development of the area consistent with constraints and will make the areas affected more compatible with adjacent properties. 3.The technical amendment to the General Plan reverts the General Plan Land Use Designation from Low Density Residential to Low Medium Density Residential. The Low Medium Density designation was in effect at the time of the approval of Tentative Tract Map 33486 and Zone Change 2005-02. The proposed technical amendment to the General Plan would restore the intensity of development in manner consistent with the previously approved tentative tract map, which is still valid. 4. The proposed general plan amendment would establish land use densities, intensities and usage more in character with the subject properties’ location, access, and constraints. The proposed general plan amendment recognizes residential land use densities that are compatible with surrounding development. 5. The proposed general plan amendment will not have a significant effect on the environment. 6. The City approved Mitigated Negative Declaration No. 2005-05 (SCH No. 2005121086) (MND) on February 28, 2006. All potentially significant impacts have been avoided or CC Reso. No. 2017- Page 3 of 3 mitigated pursuant to the earlier mitigated negative declaration 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 the above findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2017-01 for the correction of a mapping error by reverting the General Plan Land Use Designation of Assessor Parcel Numbers: 379-150-001, 002, and 041 thru 044 from Low Density Residential to Low Medium Density Residential. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. Passed and Adopted this 28th day of March 2017. _____________________________ Robert E. Magee, Mayor Attest: ____________________________ Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of March 28, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk ORDINANCE NO. 2017- 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. 2004-11 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. Ord. No. 2017-______ Page 2 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: 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: 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. 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-______ Page 3 of 4 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 MNDNo. 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 adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED and ADOPTED this 28th day of March, 2017. _____________________________ Robert E. Magee, Mayor Attest: ____________________________ Susan M. Domen, MMC City Clerk Ord. No. 2017-______ Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of March 28, 2017, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Susan M. Domen, MMC City Clerk MACHADO STRIVERSIDE DRLINCOLN ST LASH ST JOY STASH STLAKE STGRAND AVEPIERCE STILLINOIS STTERRA COTTA RDMOUNTAIN ST BAKER ST STEVENS ST GUNDER AVEU L M E R S T RALPH RDDRYDEN STSHRIER DRTERRA COTTA STNEBRASKA STOUTRIGGER STWASHINGTON AVE LE GAYE STAUDELO STSPRUCE ST AMBER LNRYAN ST WALNUT DR TEAKWOOD STAMOROSE S T BELL AVE PARKVIEW PL KINGS HWY LE HARVE AVE LOCUST ESCAVERA STHURSH STAMES AVE FERN CIR ADAMS ST WILSON STMACHADO STRIVERSIDE DRLINCOLN ST LASH ST JOY STASH STLAKE STGRAND AVEPIERCE STILLINOIS STTERRA COTTA RDMOUNTAIN ST BAKER ST STEVENS ST GUNDER AVEU L M E R S T RALPH RDDRYDEN STSHRIER DRTERRA COTTA STNEBRASKA STOUTRIGGER STWASHINGTON AVE LE GAYE STAUDELO STSPRUCE ST AMBER LNRYAN ST WALNUT DR TEAKWOOD STAMOROSE S T BELL AVE PARKVIEW PL KINGS HWY LE HARVE AVE LOCUST ESCAVERA STHURSH STAMES AVE FERN CIR ADAMS ST WILSON STPLANNING APPLICATION 2016-109VICINITY MAP PR OJEC T SITE ´ MACHADO STHERBORN ST LE GAYE ST ZIEGLINDE DR JOY ST LAKESHORE DR PARKVIEW PLTERRA COTTA RDWOODCREST DRWHITE OAK RDSHIRLEY DRHURSH STCLEMENT STBROADWAY STWOODLAKE RDWOODLAKE STST CLAIR AVE TORREY STJESSICA ST PINYON ST LAURELWOOD CT LAUREN CT BROADWAY ST BRO A DW A Y S T Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, U SDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User CommunityMACHADO STHERBORN ST LE GAYE ST ZIEGLINDE DR JOY ST LAKESHORE DR PARKVIEW PLTERRA COTTA RDWOODCREST DRWHITE OAK RDSHIRLEY DRHURSH STCLEMENT STBROADWAY STWOODLAKE RDWOODLAKE STST CLAIR AVE TORREY STJESSICA ST PINYON ST LAURELWOOD CT LAUREN CT BROADWAY ST BRO A DW A Y S T Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics,CNES/Airbus DS, U SDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community PLANNING APPLICATION 2016-109AERIAL MAP PROJECT SITE ´