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HomeMy WebLinkAboutOrd. No. 2004-1128 ORDINANCE NO. 1128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-09, CHANGING THE ZONING DESIGNATION FROM "RR - RURAL RESIDENTIAL" TO "Rl - SINGLE FAMILY RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 31.25:t ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERST ATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-019, -045, -046, -050 THRU -053. WHEREAS, an application has been filed with the City of Lake Elsinore by Wasson Canyon Investments, L.P. to change the zoning designation on approximately 31.252:: acres of unimproved property from "RR - Rural Residential" to "R-l" Single Family Residential;" and - WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 7, 2004, made its report upon the desirability of the proposed project and made its recommendations in favor of Zone Change No. 2004-09 by adopting Planning Commission Resolution No. 2004-127 recommending to the City Council approval of Zone Change No. 2004-09; 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 September 28, 2004; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered proposed Zone Change No. 2004- 09 prior making a decision. The City Council finds and determines that Mitigated Negative Declaration No. 2004-06 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. Although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. ORDINANCE NO. 1128 ZONE CHANGE NO. 2004-09 SEPTEMBER 28, 2004 PAGE 20F4 SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the following findings for the approval of Zone Change No. 2004-09 have been made as follows: 1. The proposed amendment will not be (1) 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, (2) injurious to property or improvements in the neighborhood or within the City. a. The proposed zoning of R-l Single Family Residential brings the entire site into conformance with the General Plan designation already on the property of Low Medium Density Residential, 6 dwelling units per acre b. The proposed zoning of R-l Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. - c. The proposed R-l zone provides development standards that protect the public healthy, safety and general welfare of persons residing or working within the neighborhoods in the area or within the City. The proposed project shall comply with these standards. d. The project site constitutes an island of existing RR - Rural Residential zoning, between the residential uses in the Ramsgate Specific Plan, R-l zoning to the south, and existing residential neighborhoods to the west. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R-l zoning is consistent with the existing General Plan designation of Low Medium Density Residential, 6 dwelling units per acre. SECTION 3: ZONING RECLASSIFICATION The Official 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 347-330-019, -045, -046, -050 thru -053, to "Rl - SINGLE FAMILY RESIDENTIAL" UNDER THE ZONING ORDINANCE - ORDINANCE NO. 1128 ZONE CHANGE NO. 2004-09 SEPTEMBER 28, 2004 PAGE 30F4 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 City has considered the effect of Zoning Ordinances on the regional housing needs in which the City is located, and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources. (Government Code Section 65863.6). ....... SECTION 4: 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 28th day of September, 2004 by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE ./ ---< ORDINANCE NO. 1128 ZONE CHANGE NO. 2004-09 SEPTEMBER 28, 2004 PAGE 40F4 PASSED, APPROVED AND ADOPTED UPON SECOND READING this lzth day of October, 2004, upon the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE - I - ~;i2~ ~~ ViCklLyn~ad, City Clerk B (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 on the 28th day of September, 2004, and presented for second reading by title only for adoption on the 12th day of October, 2004, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE - ABSENT: COUNCILMEMBERS: (J. ~Sf4>. I COUNCILMEMBERS: 2)~~ VICKI kASAD, CITY CLERK CiTY OF LAKE ELSINORE NONE 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. 1128 of said Council, and that the same has not been amended or repealed. D'7...D:Oc~ober_19, 2004 ~~LERK cr:ry DF LAKE ELSINORE (SEAL J