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Home My WebLink AboutOrd. No. 2000-1062 ORDINANCE NO. 1062 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 98-3 (PRE-ZONE) TO CHANGE THE ZONING DESIGNATION OF APN 363-030-002, -003, -004, - 005, -006, -007, -008, -009, -010, -011, -012, -013, AND -014 FROM R-R (RURAL RESIDENTIAL COUNTY) TO R-1 (SINGLE-F AMIL Y) RESIDENTIAL. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, an application has been filed with the City of Lake Elsinore by Lusk Elsinore, Inc. to change the Zoning Designation of R-R (Rural Residential County) of certain property described as APN 363-030-002, -003, -004, -005, -006, -007, -008, -009, -010, -011, - 012, -013, AND -014 (approximately 64.52 acres) and assign (Pre-Zone) a R-1 (Single-Family Residential) designation; and WHEREAS, Lusk Elsinore, Inc. has submitted additional applications for Annexation No. 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, and Tentative Tract Map No. 28751. The project consists of the ultimate development of a 64.52 acre site for construction of residential lots. The project is site located outside the eastern boundaries of the City of Lake Elsinore within the unincorporated boundaries of Riverside County. The site is bounded by the City Lake Elsinore to the south and west, adjacent to an area commonly known as Tuscany Hills. The site is also bounded by the City of Canyon Lake to the north and east. - WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on January 19, 2000 made its report upon the desirability and made its recommendations in favor of said change of zone by adopting Planning Commission Resolution No. 00-04 recommending to the City Council approval of Zone Change No. 98-3; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 8, 2000; SECTION 1. The City Council has considered the proposed Zone Change No. 98-3, prior to approving such proposal. The City Council finds and determines that Environmental Impact Report No. 98-1 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of Zone Change No. 98-3, based upon the following findings and determinations: 1. The City Council has reviewed and considered Final EIR 98-1 and finds that it is complete, contains all required information, and has been completed in compliance with CEQA; the Final EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in the Final EIR prior to recommending to the City Council certification of the Final EIR; and the Final EIR reflects the Planning Commission's independent judgment and analysis. - 2. In compliance with Section 15074 of the CEQA Guidelines, Final EIR 98-1 and the records of the proceedings upon which this decision is based are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. 3. This City Council finds that Final EIR 98-1 has identified all significant environmental effects of Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 and adopts findings set forth in Section 21081 of CEQA and Section 15091 of the State CEQA Guidelines with respect to each significant environmental effect identified in Final EIR 98-1, and each alternative considered in Final EIR 98-1, and the explanation of its reasoning with respect to each such finding set forth in the document entitled, Statement of Findings and Facts in Support. CITY COUNCIL ORDINANCE NO. 1062 PAGE TWO 4. This City Council finds that although Final EIR 98-1 identifies certain significant environmental effects that may occur if Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751, are approved, most significant effects that can feasibly be mitigated or avoided have been reduced to an acceptable level by the imposition of project design features, standard conditions or mitigation measures, all of which have been identified and set forth in Final EIR 98-1, and all of which are hereby specifically adopted by this Planning Commission to mitigate the environmental impacts of the proposed project, except those impacts related to traffic, air quality, and noise. 5. This City Council finds that the unavoidable significant environmental effects identified in Final EIR 98-1, related to traffic, air quality, and noise, that have not been reduced to levels of insignificance have been substantially lessened in their severity by the imposition of the mitigation measures, and are clearly outweighed by specific economic, legal, social, technological and other project benefits which offset these unavoidable impacts, and which are set forth in the Statement of Overriding Considerations, and adopts the Statement of Overriding Considerations, which support and justify approval of the Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98- 3, and Tentative Tract Map No. 28751 notwithstanding certain unavoidable significant environmental effects which cannot feasibly be substantially mitigated. _. 6. This City Council finds that the Mitigation Monitoring and Reporting Program establishes a mechanism and procedures for implementing and verifying the implementation of and compliance with the project design features, and mitigation measures pursuant to Public Resources Code Section 21081.6, and adopts the Mitigation Monitoring and Reporting Program. 7. This City Council finds that Final EIR 98-1 serves as adequate and appropriate environmental documentation for the Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 2875land hereby recommends that the City Council certify Final EIR 98-1 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. SECTION TWO: ZONING RECLASSIFICATION This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: Assessor's Parcel Numbers: 363-030-002, -003, -004, -005, -006, - 007, -008, -009, -010, -011, -012, -013, and -014 from R-R (Rural Residential Zoning- County) to R-1 (Single-Family Residential Zoning); as illustrated in Exhibit "D" attached hereto, and that said real property shall hereafter be subject to the provisions and regulations of the Zoning Ordinance relating to property located within such R -1 Zoning District. Approval is based on the following: 1. The proposed Zoning is consistent with the Goals, Policies, and Objectives in the General Plan. 2. The proposed Zoning is consistent with the General Plan and the various land uses authorized by the Ordinance are compatible with the objectives, policies, general land uses, and programs specified in the Plan. (Government Code Section 65860). 3. The proposed Zoning will establish the necessary pre-zoning for the site. CITY COUNCIL ORDINANCE NO. 1062 PAGE THREE 4. Reasons why the City has considered the effect of Zoning Ordinances on the regional housing needs in which the City is located and how the City has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 65863.6). - SECTION THREE: This Ordinance shall take effect thirty (30) days after the date of its final passage. 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. INTRODUCED AND APPROVED UPON FIRST READING this 8th day of February, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, P APE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of February, 2000, upon the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMB ATTEST: --- - (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) - I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the 8th day of February, 2000; approved upon second reading by title only on the 22nd day of February, 2000, by the following roll call vote: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: f 11 1/ J l)~v,lw~ "' VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE , DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1062 of said Council, and that the same has not been amended or repealed. - DATED: February 23, 2000 9'(" I ~ \~' I '-'v \A--/ ~~U'^--c; VICKI SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)