HomeMy WebLinkAboutOrd. No. 2009-1264
ORDINANCE NO. 1264
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE 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, Marinita Development Company (the "Developer") filed an
application with the City of Lake Elsinore requesting approval of Zone Change No.
2008-02, which will change the zoning designation of Assessor Parcel Numbers 389-
030-014, 015, 016, 017 and -018 (the "Property") from "R-1 Single Family Residential"
to "C-1 Neighborhood Commercial" (the "Zone Change") allowing for the development
of a 34,194 square foot retail shopping center to be located at the northwest corner of
Lake and Mountain Streets; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making decisions for changes to the approved
Zoning Map; and
WHEREAS, public notice of the Zone Change has been given, and the City
Council has considered the recommendation of the Planning Commission and evidence
presented by the Community Development Department and other interested parties at
public hearings held with respect to this item on April 14, 2009 and May 12, 2009.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed Zone Change No.
2008-02, which will change the zoning designation of Assessor Parcel Numbers 389-
030-014, 015, 016, 017 and -018 (the "Property") from "R-1 Single Family Residential"
to "C-1 Neighborhood Commercial" (the "Zone Change"), prior to making a decision to
approve the proposed change to the City's Zoning Map. The City Council finds and
determines that Mitigated Negative Declaration No. 2008-10 is adequate and prepared
in accordance with the requirements of the California Environmental Quality Act
(CEQA).
SECTION 2. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore Municipal Code, the City Council makes the following findings for
the approval of Zone Change No. 2008-02:
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
neighborhood of the proposed amendment or within the City, or b) injurious to
the property or improvements in the neighborhood or within the City.
CITY COUNCIL ORDINANCE NO. 1264
PAGE 2 OF 4
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As reviewed and conditioned by all applicable City Divisions and Departments
and Agencies, the proposed zoning change will not be detrimental to the
health, safety, comfort and welfare of the persons residing or working within
or near the neighborhood of the proposed zoning change pursuant to
Conditions of Approval.
2. The proposed action will be consistent with the Goals, Objectives, and
Policies of the General Plan and the development standards established with
the Lake Elsinore Municipal Code (LEMC).
The proposed rezoning is compatible with the General Plan as amended.
The project proposes a land plan that will regulate future development of
diversified and varied commercial and retail uses within the City of Lake
Elsinore. In addition, the most recent version of the public hearing draft of the
updated General Plan designates the Property, as well as several properties
north along Lake Street, as General Commercial. The proposed commercial
project will provide neighborhood-serving commercial and retail opportunities
j for existing and future residents in the surrounding area. Consequently, the
proposed project will not conflict with any applicable land use plan, policy, or
regulation with the approval the general plan amendment and zone change
applications.
General Plan Amendment No. 2008-01 and Zone Change No. 2008-02 will
result in the loss of this site for housing production. Under the current
General Plan and Zoning designations, the property would be able to
accommodate approximately 20 dwelling units. While the change eliminates
this site for housing production, there are alternatives sites available in the
City to absorb these 20 dwelling units. Specifically, the City has recently
completed the annexation process for Annexation 76, 77, 78, and 81 all of
which brought into the City substantial vacant land that the City has
designated for residential development. The City is committed to providing
housing available to all economic segments of the community and has
sufficient sites available to more than satisfy its Regional Housing Needs
Allocation.
I,I SECTION 3. Based upon all of the evidence presented, and the above findings,
the City Council of the City of Lake Elsinore hereby approves Zone Change No. 2008-
02.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
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CITY COUNCIL ORDINANCE NO. 1264
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PASSED, APPROVED AND ADOPTED is 26`" da of May 2009.
R ERT MAGEE
MAYOR
ATTEST:
"-D BORA,THOMSEN, CMC
tdTY CLERK
APPROVED AS TO FORM:
B BARA Z ID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
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CITY COUNCIL ORDINANCE NO. 1264
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
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I, Debora Thomsen, CIVIC, City Clerk of the City of Lake Elsinore, California,
hereby certify that Ordinance No. 1264 was adopted by the City Council of the City of
Lake Elsinore, California, at a regular meeting held on the 26th day of May 2009, and
that the same was adopted by the following vote:
AYES: Mayor Robert E. Magee, Mayor Pro Tern Melissa Melendez,
Councilmember Amy Bhutta, Councilmember Thomas Buckley,
Councilmember Daryl Hickman
NOES: None
ABSENT: None
ABSTAIN: None
DEBORA THOMSEfl,
CITY CLERK
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