HomeMy WebLinkAboutOrd. No. 2010-1285ORDINANCE NO. 1285
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE RESCINDING ORDINANCE NO. 1264 THAT APPROVED
ZONE CHANGE NO. 2008 -02 CHANGING THE ZONING DESIGNATION
OF ASSESSOR PARCEL NUMBERS 389 -030 -014, 015, 016, 017, AND
018 FROM R -1 SINGLE FAMILY RESIDENTIAL TO C -1
NEIGHBORHOOD COMMERCIAL DISTRICT UNDER THE ZONING
ORDINANCE
WHEREAS, on May 12, 2009, the City Council adopted Ordinance No. 1264,
approving Zone Change No. 2008 -02 changing the zoning designation of Assessor
Parcel Numbers 389 - 030 -014, 015, 016, 017, and 018 from R -1 Single Family
Residential to C -1 Neighborhood Commercial District under the Zoning Ordinance;_
WHEREAS, on June 28, 2010, a Preemptory Writ of Mandate was:issued in.the;
case of Voters Against the Lakel Street Market v. City of Lake Elsinore, RiverstdG
Superior Court No. RIC528604, wherein the City of Lake Elsinore has been ordered =to
set aside the Mitigated Negative Declaration No. 2008 -10, General Plan Amendmedt'
No. 2008 -01; Change of Zone No. 2008 -02, Commercial Design Review;Nq, 2008,09;
Conditional Use Permit No. 2008 -15; Variance No. 2008 -01, Uniform SignProgrin:i�No.
2008 -02, and all associated approvals; and
WHEREAS, the City has been ordered to comply with the aforementioned
Peremptory Writ of Mandate within 90 days of its issuance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. Ordinance No. 1264 and the approval of Zone Change No. 2008-
02 is hereby set aside and rescinded.
SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days after the date of its
final passage or such later date as may be designated by the City Council. The City
Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be
published and posted in the manner required by law.
CITY COUNCIL ORDINANCE NO. 1285
PAGE 2OF3
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on this 24th day of August 2010.
MELISSA MELENDEZ, MAYOR
CITY OF LAKE ELSINORE
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CITY COUNCIL ORDINANCE NO. 1285
PAGE 3 OF 3
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby
certify that the foregoing Ordinance No. 1285 was introduced at a regular meeting of the
City Council of the City of Lake Elsinore on the 10 day of August 2010, and was finally
passed at a regular meeting of the City Council of the City of Lake Elsinore held on the
24th day of August, 2010 by the following roll call vote:
AYES: COUNCIL MEMBERS: BUCKLEY, HICKMAN,
MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
INTERIM C
MAGEE,
=Y
CLERK'-