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Home My WebLink AboutOrd. No. 2005-1145 ORDINANCE NO. 1145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-06, CHANGING THE ZONING FROM "Rl - SINGLE FAMILY RESIDENTIAL" TO "TUSCANY HILLS SPECIFIC PLAN," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 37.12:t ACRES LOCATED WEST OF GREENWALD AVENUE, APPROXIMATELY 3.12 MILES SOUTH OF STATE HIGHWAY 74, EAST OF MARELLI ROAD AND NORTH OF PONTE RUSSO, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-390-001 THRU -004, -015 AND -016. WHEREAS, an application has been filed wi9I the City of Lake Elsinore by Centex Homes to change the zoning designation on approximately 37.12! acres of unimproved property from "R-1" Single Family Residential" to "Tuscany Hills Specific Plan;" and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on March 1, 2005, made its report upon the desirability of the proposed project and made its recommendations in favor of Zone Change No. 2004-06 by adopting Planning Commission Resolution No. 2005-29 recommending to the City Council approval of Zone Change No. 2004-06; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Corrimunity Development Department and other: interested parties at a public hearing held with respect to this item on March 22, 2005; 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- 06 prior to making a decision. The City Council certifies that the Final Subsequent Environmental Impact Report, SCH # 2004071082 prepared for this proj ect is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. ORDINANCE NO.1145 - ZONE CHANGE NO. 2004-06 MARCH 22, 2005 PAGE20F4 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. 2004-06 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 existing zoning of R-I Single Family Residential is similar to the residential development proposed for the site in Amendment No. I to the Tuscany Hills Specific Plan. Moreover, the proposal to develop the site under the Specific Plan zone assures that the development standards and design guidelines of the Specific Plan will be consistently applied. b. The proposed Amendment No. I to the Tuscany Hills Specific Plan provides development standards that protect the public health, 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. c. The project site constitutes an island of eXIstmg RI-Single Family Residential zoning, within RR-Rural Residential properties to the west, north and east. The inclusion of the site into the Tuscany Hills Specific Plan assures a more cohesive residential development with adjacent properties to the south. 2. The proposed zone change will be consistent with the latest General Plan. a. The proposed zoning of "Tuscany Hills Specific Plan" is consistent with the proposed General Plan Amendment No. 2004-05 amending the designation to "Tuscany Hills Specific Plan" which is being processed concurrently with this zone change. 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: ORDINANCE NO. 1145 ZONE CHANGE NO. 2004-06 MARCH 22, 2005 PAGE 30F4 Assessor's Parcel Numbers 347-390-001 thru -004, -015 and -016 to "TUSCANY HILLS SPECIFIC PLAN" 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. 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 2zth day of March, 2005 by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE - ORDINANCE NO. 1145 ZONE CHANGE NO. 2004-06 MARCH 22, 2005 PAGE 40F4 PASSED, APPROVED AND ADOPTED UPON SECOND READING this lih day of April, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: Buckley, Hickman, Kelley Magee, Schiffner COUNCILMEMBERS: None NOES: ABSENT: COUNCILMEMBERS: None ABSTAIN: (SEAL) i i i 1- , i I 1 , I ~ I ~ d I 8 I. ~ ~ o IN I ~ ;:; D U ... 6~ ~~ ....", ...~ ",-' 00 " g.f 86 NW xli: ~8 a." i ~ .~ ~i ~~ ~~ -If: ~'" li:x GENERAL NOTES I I I R-R I Cct.H1'Y Of _ I. EXlSnNG ZONING: R-I PROPOSED ZONING: TUSCANY HILLS SPECIFTC PLAN 2. NET AREA: 31.12 ACRES J. THE PURPOSE OF THE ZONE CHANGE IS TO FACILITATE INCLUSION OF THIS PROPERTY INTO THE TUSCANY HILLS SPECIFTC PLAN R-R CClIMrY Of_ 80H "\---------- \ \ --- ~,- ~~--------- (;'-9~;~ :;O~ >.. -tt.t, , :sJ~ .... .. ~ R-R crrv Of LAI<E FJ.SI<OA!: CHANGE FROM R-1 TO TUSCANY HILLS SPECIFIC PLAN R-R Cct.H1'Y Of _ ~ . .3211'. 7&8" TUSCANY HILLS sp, R-1 my Of LAI<E ~ I I I / / 'fl.........."" ~/..... ~11 WIES -(' 1--' '-r-....-rJ- ___J rJ I L__, I RAMSGA IF : I L .;ITY OF LAKE ELSINOFia. RECEIVED ~ FEB 2 - 2005 ~ PLANNING DEPl: '" ~~~~ ~ "'1- ~~ {to WKJI'D CJIlYr1I ~ - - / -.........-.........._~--- VICINITY MAP PAce 867, A-I ~ Z 2001 IHOMAS 8fIOS. IIAP ZONE CHANGE NO 2004-06 DATE: 2/01/05 ..,- ffi m OlE ::J Z ....' C'i OlE ::J U 8 I z iii d z ... z ... OlE ::J g a '" w m OlE ::J Z I OlE 0 0 '" I z iii d z :::I N. r.5. '" '" w m :::I ::J Z I z iii d 2j z iii - 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 22nd day of March, 2005, and presented for second reading by title only for adoption on the 12th day of April, 2005, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~1L~y fOUNCILMEMBERS: VICKI KAS~ 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. 1145 of said Council, and that the same has not been amended or repealed. D-f_'ED;April 15, 2005 \ -0_ - 2tfr-LJ 'JileKI I6\SAD, CITY CLERK GITY OF LA~E ELSINORE (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 220d day of March, 2005, and presented for second reading by title only for adoption on the 1ih day of April, 2005, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~ry. fOUNCILMEMBERS: YICKI KAS~ CLERK CITY OF LAY~ 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. 1145 of said Council, and that the same has not been amended or repealed. - DftED: Ap;.tI.15, 2005 2):l[kJ V~KI ~SAD, CITY CLERK CITY OF LAl(E ELSINORE (SEAL)