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Home My WebLink AboutOrd. No. 2004-1134 ORDINANCE NO. 1134 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE (PRE-ZONE) NO. 2004-04 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALL Y DESCRIBED AS APN(s) 349-400-005, 349- 430-011 & 012 AND A PORTION OF 349-430-006 TO R-l SINGLE FAMILY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF ANNEXATION NO. 71. WHEREAS, an application, authorized by Jack and Betty Luster and Everada Merritt (Property owners) and filed by Dave Mello, Cent ex Home-Inland Empire initiating proceedings to change the zoning (pre-zoning) designation of the subject parcels known as APN(s) 349-400- 005,349-430-011 & 012 and a portion of 349-430-006 to R-l Single Family Residential District under the Zoning Ordinance subject to the completion of Annexation No. 71; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on December 7,2004 made its report upon the desirability of the proposed project and made its recommendations in favor of said Zone Change No. 2004-04 by adopting Planning - Commission Resolution No. 2004-160 recommending to the City Council approval of Zone Change No. 2004-04; 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 December 14, 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 (Pre-Zone) No. 2004-04, 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. 2004-09 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project, based upon the following findings and determinations: 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and CITY COUNCIL ORDINANCE NO. 1134 ZONE CHANGE (PRE-ZONE) NO. 2004-04 PAGE 2 The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. 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 (Pre-Zone) No. 2004-04 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. 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 issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Analysis, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project upon completion of the annexation. 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 subject project, upon completion of the annexation is consistent with GOAL 1. 0 of the General Plan Housing Element, obligating the City to provide "decent housing opportunities and a satisfYing living environment for residents of Lake Elsinore". CITY COUNCIL ORDINANCE NO. 1134 - ZONE CHANGE (PRE-ZONE) NO. 2004-04 PAGE 3 SECTION 3 (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 349-400-005, 349-430-011 & 012 AND A PORTION OF 349-430-006: TO R-1 SINGLE F AMIL Y RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE 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). 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 14TH day of December, 2004, upon the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY COUNCIL ORDINANCE NO. 1134 ZONE CHANGE (PRE-ZONE) NO. 2004-04 PAGE 4 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28 day of Deeemher,- 2804, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AfEST: I I 2)~D.'A' )~~FO\ ABSTAIN: COUNC[LMEMBE~~ Robe~t E. MafJee, Mayor City of Lake Elsinore Vicki Kasad, City Clerk 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 14th day of December, 2004, and presented for second reading by title only for adoption on the 28th day of December, 2004, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - ~: }/ COIDTLMEMBERS: CKIKASA~ 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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1134 of said Council, and that the same has not been amended or repealed. ,R~~D: D~~er 30,/004 (();Jt~~ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)