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No. 2005-1141 - ORDINANCE NO. 1141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004-07 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-240- 005 THRU 007, 363-240-010 THRU 015, 363-250-001 THRU 012 FROM R-l SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE WHEREAS, Scott Woodward, Woodward Interests has initiated proceedings to change the zoning designation of the subject parcels known as APN(s) 363-240-005 thru 007,363-240- 010 thru 015,363-250-001 thru 012 from R-l Single Family Residential District to R-2 Medium Density Residential District; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on February 1, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of said Zone Change No. 2004-07 by adopting Planning Commission Resolution No. 2005-08 recommending to the City Council approval of Zone Change No. 2004-07; 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 March 08, 2005; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY ORDAIN as follows: SECTION 1. The City Council has considered the proposed Zone Change No. 2004-07, 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. 2004-10 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. 2004-07 have been made as follows: - City Council Ordinance No. 1141 Page 2 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 Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of the mitigations and conditions of approval placed on this project as well as the ultimate goals and objectives of the General Plan Circulation Element. 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 condominium project 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 ". 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: APN(s) 363-240-005 thru 007, 363-240-010 thru 015, 363- 250-001 thru 012 from R-I Single Family Residential District to R-2 Medium Density Residential 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. 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). City Council Ordinance No. 1141 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 8th day of March, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 22nd day of March, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: HICY-MAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: NONE / /' , r i_- ~')-TES1:: ~'. /:-- "": I .: 1/ I I _i . ... , '.. ,,, J:". , ':- ~,-,JJ~ ,{ c ~1..-('~^-eJ Viek}. 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 8th day of March, 2005, and presented for second reading by title only for adoption on the 220d day of March, 2005, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE - f\BSgNT: COUNCILMEMBERS: I !\ABS-~A,rl.;r:-~ 1,1 corCILMEMBERS: \ fl' :/ / 7 j -- t /! /v({:r<: >~~AJ;L~rrfcLERK CiTY OF LAKE ELSINORE BUCKLEY 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. 1141 of said Council, and that the same has not been amended or repealed. DfTEIY. April 5, 2005 \ ; C)'y \ ,~< - ]/,._ \ v!~^sA~,<-C'trYCC~LERK -CITY OF LAKE ELSINORE (Sl?~L)