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HomeMy WebLinkAboutOrd. No. 2020-1424 Zone Change 2019-06ORDINANCE NO. 2020 -1424 AN ORDINANCE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING ZONE CHANGE NO. 2019-06 Whereas, Debra Wong, RKW MLW Elsinore, LP, has filed an application with the City of Lake Elsinore (City) requesting approval of Zone Change (ZC) No. 2019 -06 to change the zoning designation for a small portion of the property from Limited Manufacturing (M-1) to Commercial Manufacturing (C-M) Zone and Tentative Parcel Map No. 37773 to subdivide an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue. (APN: 377-120-065); and, Whereas, pursuant to Section 17.415.040 (Zoning Amendments) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of reviewing and making recommendations to the City Council (Council) regarding zone changes, and , Whereas, on January 21, 2020 and February 18, 2020 , at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item and adopted a resolution recommending that the Council approve ZC No. 2019 -06 ; and, Whereas, on March 24, 2020 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 AS FOLLOWS: Section 1: The Council has reviewed and analyzed proposed ZC No. 2019-06, pursuant to the California Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (GP) and the LEMC and finds that ZC No. 2019-06 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 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. 2019-06: 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 City, or b) injurious to the property or improvements within the City. The proposed zone change has been analyzed relative to its potential to have detrimental effects and it has been determined that the amendment has no impact upon the public’s health, safety, comfort and general welfare. The zone change is proposing to change the zoning designation of a small portion of the Project site from Limited Manufacturing (M-1) to Commercial Manufacturing (C-M) to ensure that the subject property has only has one zoning designation. 2. The proposed is consistent with the Goals, Policies and Implementation Programs of the General Plan and the development standards established with the LEMC. Ord. No. 2020-1424 Page 2 of 3 The zone change is proposing to change the zoning designation of a small portion of the Project site from Limited Manufacturing (M-1) to Commercial Manufacturing (C-M) to ensure that the subject property has only has one zoning designation. The C-M zone is compatible with the LI Land Use Designation. The zone change allows the subject property to one zoning designation and will not interfere with the implementation of the goals, policies, and implementation programs of the General Plan. Section 3: That in accordance with the City of Lake Elsinore’s General Plan Environmental Impact Report (State Clearinghouse No. 2005121019) (EIR), Public Resources Code section 21083.3, and CEQA Guidelines Section 15183; the Council makes the following findings regarding the approval of ZC No. 2019 -06 : 1. The proposed change of zone is consistent with the General Plan and an EIR was certified for the General Plan. The General Plan EIR adopted by the City of Lake Elsinore on December 13, 2011 (per Resolution No. 2011-070) analyzed potential environmental impacts associated with the General Plan’s land use designations, including the subject property. Rezoning the subject property to Commercial Manufacturing (C-M) is consistent with the General Plan land use designation, as the term “consistent” is defined in Guideline section 15183(i)(2). 2. There are no environmental impacts peculiar to the subject property that were not analyzed in General Plan EIR. The subject site does not contain any features that would create environmental impacts that would be peculiar to the subject site beyond what was originally analyzed and evaluated in the General Plan and EIR. 3. There are no significant environmental impacts, including off-site impacts or cumulative impacts, that were not previously analyzed in General Plan EIR. That EIR analyzed the environmental impacts associated with the conversion of vacant or underutilized land to commercial uses. This rezoning does not present any potential environmental impacts that were not analyzed in the EIR. 4. No substantial new information that was not known at the time General Plan EIR was certified has been discovered indicating that a significant impact identified in that EIR would be more severe than previously determined. No information has been presented to, or discovered by, the City that indicates the environmental impacts associated with increased commercial development will be more severe than analyzed in the General Plan EIR. 5. That th e decision regarding the environmental analysis and discussion above reflects the independent judgment and analysis of the City. Section 4: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby approves Zone Change No. 2019-06. Section 5: 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 se verable. Section 6: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-f irst (31st) day after the date of adoption.