HomeMy WebLinkAboutOrd. No. 2004-1131
ORDINANCE NO. 1131
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE
CHANGE NO. 2004-11 CHANGING THE ZONING
DESIGNATION OF THE PARCELS SPECIFICALLY
DESCRIBED AS APN(S) 363-172-004, 013 AND 020 FROM
C-l NEIGHBORHOOD COMMERCIAL TO C-2 GENERAL
COMMERCIAL DISTRICT UNDER THE ZONING
ORDINANCE
WHEREAS, the City of Lake Elsinore, has initiated proceedings to change the zoning
designation of the subject parcels known as APN(s) 363-172-004, 013 and 020 from C-l
Neighborhood Commercial District to C-2 General Commercial District;
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on October 19, 2004 made its report upon the desirability of the proposed project and made
its recommendations in favor of said Zone Change No. 2004-11 by adopting Planning
Commission Resolution No. 2004-149, recommending to the City Council approval of Zone
Change No. 2004-11; 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 November 09, 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. 2004-11,
prior to approving suc~ proposal. The City Council finds and determines that this project is
consistent with the City's General Plan Environmental Impact Report (EIR). Under the General
Plan EIR, the subject site is designated as General Commercial. Therefore, no further
environmental clearance is necessary.
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. 2004-11 have been
made:
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.
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. Considering that the General Plan
City Council Ordinance No. 1131
Page 2
has designated the property General Commercial, staff concluded that the 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 amendment to the Zoning Map is
consistent with GOAL 1.0, Objective 1.2 of the General Plan Land Use Element,
obligating the City to encourage the development of commercial land uses and
revitalization of existing commercial uses that strengthen the city's economic base and
offer a range of enterprises that serve the needs of the residents and visitors.
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 363-172-004, 013 AND 020
TO C-2 GENERAL COMMERICAL 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 commercial 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 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.
City Council Ordinance No. 1131
Page 3
INTRODUCED AND APPROVED UPON FIRST READING this 9th day of
November, 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 23rd day of
November, 2004, upon the following roll call vote:
AYES: COUNCILMEMBERS: HI CKMAN, KELLEY, MAGEE, SCHI FFNER, BUCKLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMB
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 9th day of
November, 2004, and presented for second reading by title only for adoption on the 23rdday of
November, 2004, and approved, by the following roll call vote:
AYES:
COUNCILMEMBERS:
HICKMAN, KELLY, MAGEE,
SCHIFFNER, BUCKLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
(l\~BS~~ I COUNCILMEMBERS:
~~~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. 1131 of said Council, and that the same has not been amended or repealed.
~~D: ~4' 2004
a~SAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)