HomeMy WebLinkAboutPC Reso No 2017-24 (ZC)RESOLUTTON NO.2017-24
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVE ZONE CHANGE NO. 2017-01
Whereas, the City of Lake Elsinore (City) adopted its General Plan (GP) on December 13,2011,
and,
Whereas, Government Code Section 65103 empowers the legislative body to implement the 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. 2004-1 1 of the 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 Zon jng Ordinance
in Section lV - Exemptions: and,
Whereas, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000
et seq.. "CEQA") and the State Guidelines for lmplementation of CEQA (14 C.C.R. gg 15000 ef
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 '1 5162 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 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 conditjons described in Section 15162 exist. No substantial changes which requrre
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 partaes with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Commission has reviewed and analyzed the proposed General Plan Amendment
pursuant to the California Planning and Zoning Laws (Cal. Gov. Code SS 65000 el seg.), the GP
and the LEMC and finds and determines that the proposed General Plan Amendment is
consistent with the requrrements of California Planning and Zoning Law and with the goals and
policies of the GP and the LEN/IC.
Reso No. 2017 -24
Page 2 of 3
Section 2. That in accordance with the California Planning and Zoning Law and the LEMC, the
Commission 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 resldents 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 ft reslores the previous zoning and is compatible with
the s u rro u n d i ng devel opme nt.
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 propefties are bounded by Residential Estate and R1 Single Famity
Residential developments. Areas along the Project edge which 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 propefty and a new
subdivision, which may include, but is not limited to, lot size, lot width, lot depth, increased
sefbacks, or s/opes. The purpose of this transition shall be to minimize the disparity
between different dens/t/es of development. The adequacy of this transition shall be
subject to the review and approval of the Commission and City Council on a case-by-case
basls. Because the proposed Zone Change ls consisfent with adjacent R1 designations
and would be required to transition development along the boundaries with Lower Density
Zoning it ls 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 propefties.
4. The proposed Zone Change implements the goals of the Lakeview District.
The Lakeview District promotes a diversity of dens/ties of Residential and Commercial
Developments. The proposed Zone Change creates a conslstent reslde ntial development
with the goals and objectives of the Lakeview District.
5. The proposed Zone Changes will not have a significant effect on the environment.
Reso No. 2017-24
Page 3 of 3
The City approved MND No. 2005-05 fSCH No. 2005121086) on February 28, 2006. Alt
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
impoftance which require revisions to the earlier MND exist. Therefore, no fufther
e nv i ro n menta I doc u m entatio n ls recessa4/.
Section 4. Based upon the evidence presented, both written and testimonial and such other
matters as reflected in the record, and the above findings, the Commission hereby recommends
to the City Council adoption 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 5. This Resolution shall take effect from and after the date of its passage and adoption.
Passed and Adopted this 7th day of March 2017.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that
Resolution No.2017-24 was adopted by the Planning Commission of the City of Lake Elsinore at
a Regular meeting held on March 7,2017, and that the same was adopted by the following vote:
AYES. Commissioner's Ross, Canoll and Klaarenbeek; Vice-Chair Gray and Chairman ArmitNOES: None
ABSTAIN: None
ABSENT: None
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Armit. Chairman