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HomeMy WebLinkAboutPC Reso 2023-37 General Plan Amendment/ Zone ChangeRESOLUTION NO. 2023-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE LESINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVE ZONE CHANGE NO. 2023-02 CHANGING THE ZONING DESIGNATION FROM SINGLE-FAMILY RESIDENTIAL (R-1) TO MEDIUM DENSITY RESIDENTIAL (R-2) FOR APNS 363- 240-006, 010, 012, 014, 015, 022, 024, 025, 029, 031, 033, 039, 363-241-025, 050, 057, 064, 363-250-001 THROUGH 012 Whereas, the City of Lake Elsinore adopted its General Plan on December 13, 2011; Whereas, Government Code Section 65103 empowers the legislative body to implement the General Plan through actions including, but not limited to, the administration of zoning ordinances; Whereas, Government Code Section 65860 requires that a city’s zoning ordinances be consistent with its general plan; Whereas, Zone Change (ZC) No. 2023-02 proposes to change the zoning designation from Single-Family Residential (R-1) to Medium Density Residential (R-2) for the approximately 33.23 acre site. The project site is located northerly of Malaga Road and easterly of Interstate 15 (I-15), adjacent to and east of Grape Street within the Lake Elsinore Hills District. The project site encompasses Assessor Parcel Numbers (APNs) 363-240-006, 010, 012, 014, 015, 022, 024, 025, 029, 031, 033, 039, 363-241-025, 050, 057, 064, and 363-250-001 through 012; Whereas, pursuant to Section 17.415.040.B of the Lake Elsinore Municipal Code (LEMC), a Zoning Amendment may be initiated by the City to clarify text, address changes mandated by State law, maintain General Plan consistency, address boundary adjustments affecting land use designation(s), or for any reason beneficial to the City; Whereas, Resolution No. 2004-11 of the City of Lake Elsinore, which establishes procedures and requirements for implementation of the Western Riverside County Multiple Species Habitat Conservation Plan, specifically exempts the adoption or amendment of any land use or zoning ordinance in Section IV – Exemptions; 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 September 5, 2023, 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AS FOLLOWS: Section 1: The Commission has reviewed and analyzed proposed ZC No. 2021-03, 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. 203-02 is consistent with DocuSign Envelope ID: 9BA322BA-49F4-4B25-9ACD-BD5C3D759832 PC Reso No. 2022-37 Page 2 of 3 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 Commission makes the following findings regarding findings regarding ZC No. 2023-03: 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 The proposed zone change would change the current zoning designation from Single- Family Residential (R-1) to Medium Density Residential (R-2). The proposed zone change would create consistency with the General Plan Land Use Designation of Medium Density Residential (MDR). The proposed change would restore the intensity of development consistent with the previous approvals, would be reflective of existing conditions, would be consistent with existing development, and would be compatible with the adjacent properties. The proposed zone change would not be detrimental the health, safety and welfare of surrounding residents as it restores the previous zoning and is compatible with the surrounding development 2. The proposed amendment will be consistent with the latest General Plan. The proposed zone change would change the project site’s current zoning designation from Single-Family Residential (R-1) to Medium Density Residential (R-2). The R-2 zoning designation is consistent with proposed General Plan Land Use designation of Medium Density Residential (MDR) Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby recommends approval of Zone Change No. 2023-02. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on this 5th day of September 2023. Michael Carroll Chair Attest: ___________________________________ Damaris Abraham Assistant Community Development Director DocuSign Envelope ID: 9BA322BA-49F4-4B25-9ACD-BD5C3D759832 PC Reso No. 2022-37 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-37 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held September 5, 2023 and that the same was adopted by the following vote: AYES: Commissioner Gray; Vice Chair Peters; and Chair Carroll NOES: None ABSENT: Commissioner Ross ABSTAIN: None Damaris Abraham, Assistant Community Development Director DocuSign Envelope ID: 9BA322BA-49F4-4B25-9ACD-BD5C3D759832