HomeMy WebLinkAboutItem No. 07 Ordinance Adopting Zone Change No. 2020-01City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 21-142
Agenda Date: 4/27/2021 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 7)
Second Reading of Ordinance Adopting Zone Change No. 2020-01
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. 2020-01.
Page 1 City of Lake Elsinore Printed on 4/22/2021
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Candice Alvarez, MMC, City Clerk
Date: April 27, 2021
Subject: Second Reading of Ordinance Adopting Zone Change No. 2020-01
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.
2020-01.
Background
At its Regular meeting on April 13, 2021, the City Council introduced by title only and
waived further reading of the Ordinance.
Exhibit
Exhibit A – Ordinance
ORDINANCE NO. 2021-1452
AN ORDINANCE THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING ZONE CHANGE NO. 2020-01
Whereas, Ilan Golcheh, Golcheh Group has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2020-92 (General Plan
Amendment No. 2020-02, Zone Change No. 2020-01, Tentative Parcel Map No. 37958,
Conditional Use Permit No. 2020-09, and Commercial Design Review No. 2020-08) to construct
a commercial project consisting of a 4,650 square foot (s.f.) convenience store, 4,291 s.f. canopy,
38,016 s.f. self-storage facility, 4,456 s.f. drive-thru restaurant, 3,979 s.f. self-serve carwash, 221
parking stalls, and landscaping and related site improvements on a 6.36-acre site. The project is
located at the southwest corner of Lincoln Street and Riverside Drive (APN 379‐111‐014); and,
Whereas, Zone Change (ZC) No. 2020-01 proposes to change the project site’s current
zoning designation from Residential Mixed Use (RMU) to General Commercial (C‐2); and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.415.040 (Zoning
Amendments) the Planning Commission (Commission) has been delegated with the responsibility
of making recommendations to the City Council (Council) pertaining to zone changes, and,
Whereas, on March 16, 2021, 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
Zone Change No. 2020-01; and,
Whereas, on April 13, 2021 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. 2020-01, 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. 2020-01 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 LEMC Section 17.415.040.F. Findings, the Council
makes the following findings regarding findings regarding ZC No. 2020-01:
1. The proposed amendment 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, (b) injurious to property or improvements in the neighborhood
or within the City
a. The proposed Zone Change has been analyzed relative to its potential to have detrimental
effects and conditions have been imposed on the subject Project to ensure that the health,
safety and welfare of surrounding residents will be protected.
Ord. No. 2021-1452
Page 2 of 3
b. The application to change the zoning designation would not be injurious to the property or
improvements in the neighborhood. The Zone Change along with the project’s other
discretionary applications will allow the development a commercial project consisting of a
convenience store with a gas station, a fast food drive‐thru restaurant, a self‐serve drive‐
thru car wash and a self‐storage facility. The project will contribute in creating a revitalized
and healthy mixed‐use corridor along Riverside Drive and would meet the needs of
existing residents in the project vicinity.
2. The proposed amendment will be consistent with the latest General Plan.
Zone Change (ZC) No. 2020-01 proposes to change the project site’s current zoning
designation from Residential Mixed Use (RMU) to General Commercial (C‐2). The C-2 zoning
designation is consistent with the proposed General Plan Land Use designation of General
Commercial (GC).
3. The proposed amendment will be consistent with Government Code Section 65863 (California
State No Net Loss Zoning Law).
That Zone Change No. 2020‐01 (Parcel 1 - APN 379‐111‐014) would propose to change the
site’s Land Use Designation from Residential Mixed Use (RMU) to General Commercial (GC)
thereby reducing residential unit capacity by up to 152 moderate and above moderate units
moderate and above moderate units as identified in the City’s 5th Cycle Regional Housing
Needs Assessment (RHNA) and creating a net loss to the moderate and above moderate
category. Specific Plan Amendment No. 2020‐01 (Parcel 2 - APN 363‐940‐011) would
change the Land Use Designation of Neighborhood Commercial (C‐1) to Multifamily 2
Residential District thereby creating residential capacity of a potential 219 units not identified
in the City’s 5th Cycle Regional Housing Needs Assessment (RHNA) thereby creating a
potential net gain. The project complies with the City of Lake Elsinore’s General Plan and
Government Code Section 65863 (California State No Net Loss Zoning Law), because the
net loss created on Parcel 1 - APN 379‐111‐014 would be accommodated by the net increase
created on Parcel 2 - APN 363‐940‐011, thereby creating no a no net loss condition with sites
identified in the Housing Element (including Parcel 2) adequate to accommodate the City’s
share of moderate and above moderate regional housing needs pursuant to Government
Code Section 65584.
Section 3: Based upon the evidence presented, both written and testimonial, and the
above findings, the Council hereby approves Zone Change No. 2020-01.
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 thirty-first (31st) day af ter 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.
Ord. No. 2021-1452
Page 3 of 3
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on this 27th day of April 2021.
Robert E. Magee
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. 2020-1452 was introduced by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of April 13, 2021 and adopted at the Regular meeting of April
27, 2021 and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk