HomeMy WebLinkAboutItem No. 18 Zone Change 2014-02 Hillside Res & R2 Medium Density ResText File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ORD 2014-015
Agenda Date: 7/11/2017 Status: BusinessVersion: 1
File Type: OrdinanceIn Control: City Council
Agenda Number: 18)
Page 1 City of Lake Elsinore Printed on 7/7/2017
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Justin Kirk, Principal Planner
Date:July 11, 2017
PROJECT: Zone Change (ZC) 2014-02: A proposed Zone Change to zone Assessor
Parcel Numbers 349-250-013 and 349-250-015 as Hillside Residential and
Assessor Parcel Numbers 349-250-014 and 349-250-016 as R2 Medium
Density Residential
Recommendation
aDOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING OF ZONE CHANGE NO. 2014-02 TO ZONE ASSESSOR PARCEL
NUMBERS 349-250-013 AND 349-250-015 AS HILLSIDE RESIDENTIAL AND ASSESSOR
PARCEL NUMBERS 349-250-014 AND 349-250-016 AS R2 MEDIUM DENSITY RESIDENTIAL.
Project Location
The subject properties are generally located north of Greenwald Avenue on Dowling Street
extension and specifically referred to as Assessor Parcel Numbers 349-250-013, 349-250-014,
349-250-015 and 349-250-016.
Background
The Planning Commission at its March 15, 2016, regular meeting took action to recommend the
proposed annexation, General Plan Amendment, and Zone Change (Pre-zoning) for four parcels
located in the City’s sphere of influence.
The City Council at the April 12, 2016, regular meeting took action by resolution to approve the
proposed annexation, General Plan Amendment, Pre-zoning, and annexation agreement.
On December 19, 2016, the Riverside Local Agency Formation Commission took action to
concurrently annex the subject properties into the City of Lake Elsinore and the Northwest
Mosquito and Vector Control District and detach from the Riverside County Waste Resources
Management District.
Discussion
The Cortese-Knox Hertzberg Local Government Reorganization Act of 2000 (California
Government Code Sections 56000 et seq.) requires that territory be “pre-zoned” prior to
Page 2
annexation. The pre-zoning process identifies any intended zoning changes and informs property
owners and other interested parties of permitted land uses prior to finalization of the proposed
action. The previously approved pre zoning was as follows:
Parcel Proposed Zoning Designation
349-250-013 Hillside Residential
349-250-014 R2 Medium Density Residential
349-250-015 Hillside Residential
349-250-016 R2 Medium Density Residential
The adopted zoning resolution served as a statement of legislative intent for the purposes of pre-
zoning to inform property owners and other interested parties of permitted land uses prior to
annexation of the subject properties. In order to adopt zoning for the subject properties as a legally
sufficient land use regulation, an adopted Ordinance is required. The proposed zone change
would zone the property in a manner consistent with the previously approved pre-zoning.
Environmental Determination
On December 13, 2011, the City Council certified a Recirculated Program Environmental Impact
Report (RP-EIR) ”) to address the potential environmental impacts of a comprehensive update of
its General Plan pursuant to the California Environmental Quality Act. 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.
In accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines,
the proposed annexation, general plan amendment, and zone change 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 # 2 to the GPU EIR.
Fiscal Impact
The time and costs related to processing of the applications have been covered by the Developer
Deposit paid for by the applicant. No General Fund budgets have been allocated or used in the
processing of this application.
Exhibits:
A. Zone Change Resolution
B. Vicinity Map
C. Aerial Map
ORDINANCE NO. 2017-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING OF ZONE CHANGE NO. 2014-02 TO ZONE ASSESSOR
PARCEL NUMBERS 349-250-013 AND 349-250-015 AS HILLSIDE RESIDENTIAL AND
ASSESSOR PARCEL NUMBERS 349-250-014 AND 349-250-016 AS R2 MEDIUM
DENSITY RESIDENTIAL.
Whereas, Government Code Section 65103 empowers the legislative body to implement the
General Plan 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 general plan; 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 Addendum #2 to Environmental Impact Report No. 2007-01 No.
2005-05 (SCH No. 2005121019) (EIR) on February 28, 2006. All potentially significant impacts
have been avoided or mitigated pursuant to the EIR and none of the conditions described in
Section 15162 exist. No substantial changes which require major revisions to the EIR exist and
no new information of substantial importance which require revisions to the earlier EIR exist.
Therefore, no further environmental documentation is necessary; and
Whereas, on July 11, 2017, at a duly noticed public hearing the 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 THE CITY OF LAKE ELSINORE, DOES
HEREBY DETERMINE AND ORDAIN AS FOLLOWS:
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
Ord. No. 2017-______
Page 2 of 4
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 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 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 and open space uses to be established within the
project 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 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 Hillside Residential and Low Density 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-2 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 Planning Commission and City Council
on a case-by-case basis.
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 General Plan 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 Meadowbrook Sphere.
The Meadowbrook Sphere 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.
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).
Ord. No. 2017-______
Page 3 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 GPU EIR 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 No. 2 to the GPU EIR.
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 City Council adopts of Zone
Change No. 2014-02 to zone Assessor Parcel Numbers 349-250-013 and 349-250-015 as
Hillside Residential and 349-250-014 and Assessor Parcel Numbers 349-250-016 as R2
Medium Density 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 Introduced on this 11th day of July 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 introduced by the City Council of the City of Lake Elsinore,
California, at the Joint meeting of July 11, 2017, and that the same was introduced by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
BELLA VISTA GREENWALD AVE
LA STRADA
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PONTE RUSSO BELLA VISTA GREENWALD AVE
LA STRADA
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PONTE RUSSO
Annexation No. 84GPA 2014-03 ZC 2014-02
PR OJEC T SITE
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GREENWALD AVE
BELLA VISTA 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
GREENWALD AVE
BELLA VISTA 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
Annexation No. 84GPA 2014-03 ZC 2014-02
PR OJEC T SITE
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