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HomeMy WebLinkAboutOrd. No. 2004-1120 ORDINANCE NO. 1120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004-03 CHANGING THE ZONING DESINGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN (S) 363-540-010, 011, 012 AND 013 FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT TO C-2 GENERAL COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE WHEREAS, Robert Gregory, has initiated proceedings to change the zoning designation of the subject parcels known as APN(s) 363-540-010, 011, 012 and 013 from R-l Single Family Residential District to C-2 General Commercial District;. WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on May 4, 2004 made its report upon the desirability of the proposed project and made its recommendations in favor of said Zone Change No. 2004-03 by adopting Planning Commission Resolutiort No. 2004-60 recommending to the City Council approval of Zone Change No. 2004- 04;an~ 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 May 25, 2004; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed Zone Change No. 2004-03, prior to making a decision to approve the proposed amendment to the Land Use Designation and establish a Zoning Designation. The City Council finds and determines that Mitigated Negative Declaration No. 2004-04 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project and recommends City Council certification, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Zone Change No. 2004-03 have been made as follows: 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. 1120 Page 2 The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issues identified by staff relate to the reduction of housing stock and traffic impacts of the proposed project. Staff, concluded that there would be a minimal reduction in the total housing stock of the Low Medium Density areas. Further, based on the Traffic Study Report, it was concluded that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project. 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). Based on its analysis, staff has concluded that the requested amendment to the General Plan Land Use Map and the corresponding Zone Change, allowing the development of the automobile dealership is consistent with the Land Use Designation of General Commercial of the General Plan Land Use Element, "to encourage the consolidation of centers of activity (i.e. automobile dealerships) with direct access to major roads and freeways ". 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 363-540-010, 011, 012 AND 013: TO C-2 GENERAL COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE 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. 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). c - City Council Ordinance No. 1120 Page 3 SECTION 3: 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 25th day of May, 2004, upon the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 8th day of June, 2004, upon the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS. f;ST:t I UuQ~ ~ Vicki Kasad, City Clerk ST ATE 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 on the 25th day of May, 2004, and presented for second reading by title only for adoption on the 8th day of June, 2004, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE SENT: COUNCILMEMBERS: NONE , . ~:~~ JOUNCILMEMBERS: ~~~ l(y~ 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. 1120 of said Council, and that the same has not been amended or repealed. 2)TE~:,Juny~ VI~&AD' CITY CLERK CITY OF LAKE ELSINORE (SEAL)