HomeMy WebLinkAboutOrd. No. 2018-1395 Adopting Zone Change No 2018-02ORDINANCE NO. 2018 -1395
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
ADOPTING ZONE CHANGE NO. 2018-02
Whereas, the City of Lake Elsinore (City) initiated Zone Change No. 2018 -02 to amend the zoning
on certain properties identified as Assessor's Parcel Nos. 377 - 242 -003 through -007, -012, -013,
-023, -028 and -029 from Gateway Commercial (GC) to Limited Manufacturing (M -1); properties
identified as Assessor's Parcel Nos. 377 - 242 -014 through -016, -018, -020 through -022, and -
030; and 377 - 243 -001 through -011, -013, -015 through -019 from Gateway Commercial (GC) to
General Commercial (C -2); and properties located from Flint Street along its northern edge,
southwesterly to the edge of the Lake and generally bounded by Riley Street and the Lake
Elsinore Outlet Channel on the west and Ellis Street and Chestnut Street on the east from
Business Professional (BP), Commercial Mixed Use (CMU), Downtown Recreation (DR),
Floodway (F), General Commercial (C -2), High Density Residential (R -3), Medium Density
Residential (MD), Open Space (OS), Public Institutional (PI), and Residential Mixed Use (RMU)
to the Specific Plan Zone (SP); 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 regarding zone changes, and,
Whereas, on September 4, 2018, 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. 2018 -71
recommending that the City Council (Council) approve Zone Change (ZC) No. 2018 -02; and,
Whereas, on September 25, 2018, 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
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council has reviewed and analyzed proposed ZC No. 2018 -02, pursuant to the
California Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore
General Plan (General Plan) 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 General
Plan and the LEMC.
Section 2. 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. 2018 -02:
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 use designations and regulations have been imposed to ensure that the health,
safety and welfare of affected residents will be protected.
Ord. No. 2018 -1395
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b. The rezoning of the existing business professional uses along Spring Street from the 2011
Downtown Master Plan's Gateway Commercial zone to Limited Manufacturing (M -1) will
ensure that all Limited Manufacturing uses along Spring Street will be treated fairly and
equitably.
c. The rezoning of commercial properties along Main Street between Interstate 15 and Flint
Street from 2011 Downtown Master Plan's Gateway Commercial zone to General
Commercial (C -2) will ensure adequate buffering and screening of any residential uses
within the area.
2. The proposed ZC is consistent with the General Plan.
a. Zone Change No. 2018 -02 is consistent with the General Plan as amended by General
Plan Amendment No. 2018 -02.
b. General Plan Amendment No. 2018 -02 changes the land use designation of parcels along
Spring Street that have existing business professional uses from Gateway Commercial
(GWC) to Business Professional (BP).
c. General Plan Amendment No. 2018 -02 changes the land use designation of parcels along
Main Street between Interstate 15 and Flint Street from Gateway Commercial (GWC) to
General Commercial (GC).
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 Spring Street have been developed under the M1- Limited
Manufacturing Zone development standards. The proposed ZC will make the 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. Properties along Spring Street 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.
b. The subject properties along Main Street are adjacent to Interstate 15 and its southbound
off -ramp and southbound on -ramp. As such, businesses and services that attract freeway
motorists, such as those allowed by the General Commercial (C -2) zone, are the highest
and best use of properties with quick access from the freeway.
c. The Specific Plan (SP) zoning designation identifies that area that will be governed by the
Downtown Elsinore Specific Plan (DESP) that is responsive to the unique location and
development potential of the downtown area.
5. 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.
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a. The DESP retains the overall development potential or recommends less intense uses as
the existing 2011 DMP. In 2011, the Council of the City certified the Program
Environmental Impact Report (PEIR) (SCH No. 2005121019) and adopted the City's 2011
General Plan Update, 2008 -2014 Housing Element, Climate Action Plan, and the 2011
Downtown Master Plan (DMP). The PEIR analyzed the scope and nature of development
proposed to meet the goals of downtown development as set out in the DMP along with
identifying measures to mitigate, to the extent feasible, the significant adverse project and
cumulative impacts associated with downtown development under the DMP.
b. In addition to serving as the environmental document for the approval of the 2011 General
Plan Update, Housing Element, Climate Action Plan, and DMP, the PEIR was intended
by the City to be the basis for compliance with CEQA for future discretionary actions.
Under CEQA guidelines for using program EIRs with later activities, if a proposed later
activity involves no new or substantially more severe significant effects and no new
mitigation measures would be required, a program EIR is deemed to have adequately
analyzed the later activity for CEQA purposes and no further review under CEQA is
required.
c. The DESP represents a reimagining of the DMP rather than a substantial revision. The
PEIR included an analysis of the environmental effects and sets out mitigation measures
needed to minimize or eliminate any identified impacts related to downtown development
under the DMP. The overall development potential within the boundaries of the original
DMP remains substantially unchanged under the DESP such that there are no new or
substantially more severe significant effects and no new mitigation measures are
necessary. Accordingly, PEIR serves as the required environmental documentation for the
DESP, the General Plan Amendment and ZC.
Section 3. Based upon the evidence presented, both written and testimonial, and the above
findings, the Council hereby approves ZC No. 2018 -02, making the following zone changes to the
City of Lake Elsinore Official Zoning Map (Zoning Map), as shown in attached Exhibit 1.
a. In accordance with Exhibit 1; change the Zoning Map designation from Gateway
Commercial (GWC) to Limited Manufacturing (M -1) for Assessor's Parcel Nos. 377 -242-
003 through -007, -012, -013, -023, 028 and -029; and
b. In accordance with Exhibit 1; change the change the Zoning Map designation from
Gateway Commercial (GWC) to General Commercial (C -2) for Assessor's Parcel Nos.
377 - 242 -014 through -016, -018, -020 through -022, and -030; and 377 - 243 -001 through
-011, -013, -015 through -019; and,
c. In accordance with Exhibit 1; change the change the Zoning Map designation from
Business Professional (BP), Commercial Mixed Use (CMU), Downtown Recreation (DR),
Floodway (F), General Commercial (C -2), High Density Residential (R -3), Medium Density
Residential (MD), Open Space (OS), Public Institutional (PI), and Residential Mixed Use
(RMU) to the Specific Plan Zone (SP) for properties located from Flint Street along its
northern edge, southwesterly to the edge of the Lake and generally bounded by Riley
Street and the Lake Elsinore Outlet Channel on the west and Ellis Street and Chestnut
Street on the east.
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Section 4. 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 5. Effective Date. This Ordinance shall become effective at 12:01 a.m. on the 3111
day after the date of adoption.
Section 6. 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 91h day of October 2018.
�1_1
Mayor
Attest:
Susan M. Domen, MM
City Clerk
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE } ss.
CITY OF LAKE ELSINORE }
a Johnson
I, Susan M. Domen, M MC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2018 -1395 was introduced at the Regular meeting of September 25,
2018, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of
October 9, 2018 by the following vote:
AYES: Council Members Hickman, Magee and Tisdale; Mayor -Pro Tem Manos and Mayor Johnson
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 1St day of Oc er 2018, and on the
15th day of October 2018.
Susan M. Domen, MMC
City Clerk