HomeMy WebLinkAboutPC Reso No 2015-35 (Nichols Rd-Annex ZC)RESOLUTION NO. 2015.35
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF PRE-
ANNEXATION ZONE CHANGE NO. 2014-02 SUBJECT TO
COMPLETION OF THE ANNEXATION NO. 83
WHEREAS, Eric Werner, Nichols Road Partners, LLC has submitted an
application to annex 666.66 acres of land within the City's Sphere of lnfluence generally
located north and south of Nichols Road and generally bounded by lnterstate 15 to the
west and south and El Toro Road to the east into the corporate boundaries of the City of
Lake Elsinore; and
WHEREAS, the proposed annexation consists of properties owned by Nichols
Road Partner's LLC (APN 389-210-008, 389-210-032, 389-210-036, 389-210-034 and
390-230-005); the Western Riverside County Regional Conservation Authority (RCA)
(APN 390-270-007 and 390-270-009); the Bureau of Land Management (APN 390-230-
008; and, Elsinore Valley Unified School District (APN 389-210-037, 389-210-039); and
WHEREAS, Government Code Section 56375 requires that as a condition to
annexation, a city shall pre-zone the territory to be annexed or present evidence
satisfactory to the Local Agency Formation Commission ( LAFCO') that the existing
development entitlements on the territory are vested or built out, and are consistent with
the City's general plan; and
WHEREAS, the Project is subject to the provisions of the California
Environmental Quality Act (Public Resources Code SS 21000, et seq.: "CEQA") and the
State lmplementation Guidelines for CEQA ('14 California Code of Regulations Sections
'15000, et seq.: "CEQA Guidelines") because the Pro;ect involves an activity which may
cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment, and involves the issuance of a lease,
permit license, certificate, or other entitlement for use by one or more public agencies
(Public Resources Code Section 21065); and
WHEREAS, the City prepared a Recirculated Program Environmental lmpact
Report (State Clearinghouse No.2005121019: the "RP-EIR") to address the potential
environmental impacts of a comprehensive update of its General Plan pursuant to the
California Environmental Quality Act (California Public Resources Code Sections 21000
et seq.: 'CEOA"), the State Guidelines for lmplementation of the California
Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the
"State CEQA Guidelines"), and the City's Procedures for lmplementing the State CEQA
Guidelines and its other procedures relating to environmental evaluation of public and
private projects; and
WHEREAS, on December 13,2011 the City Council of the City of Lake Elsinore
certified the RP-EIR with Errata and Responses to Comments, the Findings of Fact and
PLANNING COMMISSION RESOLUTION NO. 2015-35
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Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting
Program; and
WHEREAS, 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 lnfluence were evaluated in the certified RP-EIR; and
WHEREAS, an lnitial Study/Addendum to the General Plan Update Recirculated
Program Environmental lmpact 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; and
WHEREAS, pursuant to Section 17.188.040 of the Lake Elsinore Municipal Code
("LEMC") the Planning Commission has been delegated with the responsibilrty of
making recommendations to the City Council for changes to the official zoning map; and
WHEREAS, on April 21 ,2015, 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.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1 Prior to making a recommendation to the City Council, the Planning
Commission has reviewed and analyzed Zone Change No. 2014-02 pursuant to the
Planning and Zoning Laws (Cal. Gov. Code SS 65000 et seq.) and Chapter 17.188 of
the Lake Elsinore Municipal Code ("LEMC").
SECTION 2. That in accordance with the Cortese-Knox Hertzberg Local
Government Reorganization Act of 2000, State Planning and Zoning law and the City of
Lake Elsinore Municipal Code ("LEMC"), the Planning Commission makes the following
findings for the approval of Pre-Annexation Zone Change No. 2014-02:
1. The proposed zone change 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 pre-annexation zoning will not be detrimental, but will be beneficial
to the public health, safety, comfoft and welfare and will improve the propefty in
the neighborhood and the City by allowing a variety of residential, commercial,
public/institutional and open space uses lo be established within the Annexation
Area consistent with the General Plan and providing for future improvement and
PLANNING COMMISSION RESOLUTION NO. 2015-35
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development of infrastructure improvements such as water and sewer lines,
lighting and paving of existing dirt right of ways.
2. The proposed action will be consistent with the latest General Plan.
a. The proposed actron will be consistent with the Goals, Policies and
lmplementation Programs of the General Plan and the development
standards established with the LEMC.
The pre-annexation zoning is conslslent with Goal 1 of Chapter 2.0
(Community Form) of the General Plan in that this pre-annexation zoning
uzril assisf in achieving the City's goal to "create a diverse and integrated
balance of residential, commercial, industrial, recreational, public and
open space land uses" and the related lmplementation Program to
update the Official Zoning Map "to provide consistency between zoning
requirements and General Plan land use designations."
b. The proposed pre-annexation zoning designations conform to and are
consistent with the City of Lake Elsinore's General Plan Land Use Map.
The proposed CMU (Commercial Mixed-Use), O-S (Open Space), R-H
(Hillside Single-Family Residential) and P-l (Public lnstitutional) zoning
disfrlcfs are consistent with the City of Lake Elsinore General Plan's
General Commercial, Open Space, Hillside Residential, and Public
lnstitutional land use designations adopted for the annexation area by
the Lake Elsinore City Council on December 13, 201 1 .
3. ln accordance with the requirements of the California Environmental Quality Act
(CEOA), 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.
On December 11, 2011, the City Council approved and certified a
Recirculated Program Environmental lmpact Repoft which analyzed the
environmental impacts assoclafed with the development of the General Plan
land use designations for the City and lts Sphere of lnfluence (State
Clearinghouse No. 20051 21 01 9).
ln accordance with Section 15162 of the California Environmental Quality Act
(CEaA) Guidelines, the proposed amendments to previously approved
projects do not present substantial changes or reveal new information that
would require Subsequenf 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 Seclion 1 5164 of the CEQA Guidelines, an lnitial
Study/Addendum to the General Plan Update Recirculated Program
Environmental lmpact Report (GPU EIR)(SCH No. 2015121019) was
PLANNING COMMISSION RESOLUTION NO. 2015-35
PAGE 4 OF 5
prepared to provide an evaluation of potential sife-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 ElR. The lnitial Study/Addendum constitutes Addendum # 1 to the
General Plan Update Recirculated Program Environmental lmpact Report
(SCH No. 2015121019).
SECTION 3. The Planning Commission has considered the proposed Pre-
Annexation Zone Change No. 2014-02 and based upon the evidence presented
recommends to the City Council approval of the proposed Pre-Annexation Zone
Change No. 20'14-02 and amendment to the Zoning Map to conform to the proposed
Pre-Annexation Zone Change No. 2014-02 by adopting the proposed pre-zoning map
attached to this Resolution as Exhibit "A".
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 21st day of April 2015, by the
following vote:
Planning Manager
anning Commission
ATTEST:
PLANNING COMMISSION RESOLUTION NO. 2015-35
PAGE 5 OF 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-35 as adopted by the planning commission of
the City of Lake Elsinore at a regular meeting held on the 21st day of April 2015, and
that the same was adopted by the following vote:
AYES: CHAIRMAN GRAY, VICE CHATR JORDAN, COMMTSSTONER ARM|T,
COMMISSIONER FLEMING, COMMISSIONER RAY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
)"
Richard J. ttfacHott, LEED Green Associate