HomeMy WebLinkAboutOrd. No. 2005-1147
ORDINANCE NO. .1147 '
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE
CHANGE NO. 2004-02 CHANGING THE ZONING
DESIGNATION OF THE PROPERTY CONTAINED
WITHIN TENTATIVE PARCEL MAP NO. 33056
ASSESSOR PARCEL NO(s) 377-120-007 & A PORTION OF
377-120-008 FROM M-l (LIMITED MANUFACTURING) TO
C-2 (GENERAL COMMERCIAL) UNDER THE ZONING
ORDINANCE
WHEREAS, Glen Daigle, Daigle Development, LLC has initiated proceedings to change
the zoning designation of the subject parcels known as APN(s) 377-120-007 & a portion of 377-
120-008 from M-l (Limited Manufacturing) to C-2 (General Commercial); 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 said Zone Change No. 2004-02 by adopting Planning Commission
Resolution No. 2005-22 recommending to the City Council approval of Zone Change No. 2004-
02; 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 22, 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. 2004-02,
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 Final Environmental
Impact Report, Findings of Fact and Overriding Considerations and Mitigation Monitoring and
Reporting Program (State Clearinghouse No. 2004111053) 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. 2004-02 have been
made as follows:
ZONE CHANGE ORDINANCE
PAGE TWO
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 project and cumulative projects within
the "Study Area" as described in the Traffic Study prepared by Albert Grover &
Associates. Staff concluded, based on the Traffic Study and the mitigations required that
the Level of Service for the intersections in the Study Area will not be below a LOS "D"
as a result of this project and cumulative projects in the "Study Area ".
2. The proposed Zone Change will permit reasonable development of the area consistent
with its constraints and will make the area more compatible with adjacent properties.
The proposed Zone Change has adequately analyzed the potential impacts of the project
proposed as well as the cumulative projects within the "Study Area" and has proposed
recommended improvements and mitigations to the public right-ol-ways, thereby
allowing the applicant to develop the site with the proposed shopping center.
Consequently the analysis, along with mitigations will in turn bring about a site more
compatible with the adjacent properties located in the City and the County of Riverside.
3. The proposed Zone Change would establish a land use density and usage more in
character with the subject property's location, access, and constraints.
The proposed Zone Change would establish a usage more in conformance with the traffic
impacts associated with a development of this type as well as cumulative projects within
the "Study Area ". Additionally, the proposed project site would be in close proximity of
any necessary services needed by persons working and shopping within the project
parameters.
4. The proposed Zone Change will not have a significant effect on the environment.
The proposed Zone Change was included within the description of the project's Initial
Study and subsequent Draft Environmental Impact Report (SCH No. 2004111053) and
has been adequately prepared and analyzed. Based on the information provided, staff
concluded that specific overriding economic, legal, social, technological or other benefits
of the project outweigh the one (1) unavoidable impact (air quality) that cannot be
avoided and that with the recommended mitigations, the proposed project will not have a
significant effect on the environment.
ZONE CHANGE ORDINANCE
PAGE THREE
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) 377-120-007 & a portion of 377-120-008 From M-l
(Limited Manufacturing) to C-2 (General Commercial) 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 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 22nd day of March,
2005, upon the following roll call vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS:BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this day
of April, 2005, upon the following roll call vote:
-
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
-
ABSE.NT: COUNCILMEMBERS:
r ",..,
~1.J COUNCILMEMBERS:
V1CKI 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. 1147 of said Council, and that the same has not been amended or repealed.
DNr~;ApriI15, 2005
v~AkJLERK
crty OF LAKE ELSINORE
(SEALy -