HomeMy WebLinkAbout2023-1486 Zone Change No. 2023-02 Elsinore HillsORDINANCE NO. 2023-1486
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING 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 the 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,
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, and adopted a resolution recommending that the Council approve
ZC No. 2023-02; and
Whereas, on September 26, 2023 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:
DocuSign Envelope ID: 91ABA976-3F87-4364-84AA-25E12655A30B
Ord. No. 2023-1486
Page 2 of 3
Section 1: The foregoing recitals are true and correct and are hereby incorporated into
these findings by this reference.
Section 2: The Council has reviewed and analyzed the proposed ZC No. 2023-02,
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. 2023-02 is consistent with
the requirements of California Planning and Zoning Law and with the goals and policies of the GP
and the LEMC.
Section 3: That, in accordance with LEMC Section 17.415.040.F. Findings, the Council
makes the following findings regarding ZC No. 2023-02:
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 Council hereby approves ZC No. 2023-02.
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 after 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.
DocuSign Envelope ID: 91ABA976-3F87-4364-84AA-25E12655A30B
Ord. No. 2023-1486
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 10th day of October 2023.
Natasha Johnson
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. 2023-1486 was introduced by the City Council of the City of Lake Elsinore,
California, at its Regular meeting of September 26, 2023 and adopted at its Regular meeting of
October 10, 2023 and that the same was adopted by the following vote:
AYES: Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson
NOES: None
ABSENT: Council Member Tisdale
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
DocuSign Envelope ID: 91ABA976-3F87-4364-84AA-25E12655A30B