HomeMy WebLinkAboutItem No. 06 2nd Reading Ordinance Adoption Zone Change No. 2019-06City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-540
Agenda Date: 4/14/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 6)
Second Reading of Ordinance Adopting Zone Change No. 2019-06
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, ADOPTING ZONE CHANGE NO. 2019-06.
Page 1 City of Lake Elsinore Printed on 7/1/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Candice Alvarez, MMC, City Clerk
Date: April 14, 2020
Subject: Second Reading of Ordinance Adopting Zone Change No. 2019-06
Recommendation
Adopt by title only and waive further reading of AN ORDINANCE THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING ZONE CHANGE NO. 2019-06.
Background
At its Regular meeting on March 24, 2020, the City Council introduced by title only and waived
further reading of the Ordinance.
Exhibit
Exhibit A - Ordinance
ORDINANCE 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 the 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 severable.
Section 6: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the
thirty-first (31st) day after the date of adoption.
Ord. No. 2020-1424
Page 3 of 3
Section 7: 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, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of Lake Elsinore, California, on this ___ day of __________ 2020.
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Ordinance No. 2020-1424 was introduced at the Regular meeting of the City Council of
March 24, 2020, and adopted by the City Council of the City of Lake Elsinore, California, at the
Regular meeting of ________ ____, 2020 and that the same was adopted by the following vote:
AYES: Council Members Manos, Johnson, and Sheridan; Mayor Pro-Tem Magee and
Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk