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Home My WebLink AboutOrd. No. 2005-1152 ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE (PRE-ZONE) NO. 2005-05 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 391-170-005, 007, 391-200-003, 004, 007, 391-230-002, 003, 004, 005, 007, 009, 010, 390-130-006, 015, 016, 020, 021, 024, 390-160- 001, 002, 011, 012, 391-240-011, 012, 391-240-001, 390-170-001, 391- 260-001,389-020-032,390-190-011,012,013, 389-080-037, and 389-020- 036 TO M-3 MINERAL RESOURCES AND RELATED MANUFACTURING UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF THE ANNEXATION NO. 72. WHEREAS, an application, authorized by David H. Murdock and Pacific Clay Products (Property owners), has been filed by the City of Lake Elsinore to change the Zoning Designation of the parcels described as APN(s) 391-170-005, 007, 391-200-003, 004,007,391-230-002,003,004,005,007,009, 010, 390-130-006, 015, 016, 020, 021, 024,390-160-001,002,011,012,391-240-011, 012, 391-240-001, 390-170-001, 391- 260-001, 389-020-032, 390-190-011, 012, 013, 389-080-037, and 389-020-036 to M-3 Mineral Resources and Related Manufacturing District subject to the completion of Annexation No. 72; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on June 21, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of said Zone Change No. 2005-05 by adopting Planning Commission Resolution No. 2005-69 recommending to the City Council approval of Zone Change No. 2005-05; 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 June 21, 2005. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed Zone Change (Pre- Zone) No. 2005-05, prior to making a decision to approve the proposed amendment to the Land Use Designation and establish a Zoning Designation. The City Council finds that CEQA Categorical Exemption Article 19 Section 15320 (Changes in Organization of Local Agencies) is complete and adequate and provides appropriate environmental documentation for the proposed Zone Change and fully complies with the requirements CITY COUNCIL ORDINANCE NO. 1152 ZONE CHANGE (PRE-ZONE) NO. 2005-05 Page 2 of5 of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. 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. 2005-05 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 health and safety of the persons residing or working within the neighborhood of the existing land use. Staff concluded, based on the properties safety records, that the health and safety of the persons residing or working within the neighborhood of the property 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 Zone Change, allowing the annexation of the subject property as M-3, is consistent with GOAL 1.0 of the General Plan in that this Pre-Zoning will assist in achieving the development of a well-balanced and functional mix of residential, commercial and by encouraging the inclusion of industrial land use within the City boundaries. SECTION 3. (ZONING RECLASSIFICATION). The Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing, reclassifying and rezoning the following described property, to wit: CITY COUNCIL ORDINANCE NO. 1152 ZONE CHANGE (PRE-ZONE) NO. 2005-05 Page 30[5 ASSESSOR'S PARCEL NUMBERS 391-170-005, 007, 391- 200-003, 004, 007, 391-230-002, 003, 004, 005, 007, 009, 010, 390-130-006, 015, 016, 020, 021, 024, 390-160-001, 002,011,012, 391-240-011, 012, 391-240-001, 390-170-001, 391-260-001, 389-020-032, 390-190-011, 012, 013, 389-080- 037, and 389-020-036 TO M-3 MINERAL RESOURCES AND RELATED MANUFACTURING 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). 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. CITY COUNCIL ORDINANCE NO. 1152 ZONE CHANGE (PRE-ZONE) NO. 2005-05 Page 4 of5 INTRODUCED AND APPROVED UPON FIRST READING this lth day of July, 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 26th day of July, 2005, upon the following roll call vote: NOES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE COUNCILMEMBERS: NONE A YES: ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE ~ ATTEST: Frederick Ray, eputy City Clerk City of Lake Elsinore CITY COUNCIL ORDINANCE NO. 1152 ZONE CHANGE (PRE-ZONE) NO. 2005-05 Page 50[5 APPROVED AS TO FORM: ~//Ifmf) il/ Barbara Zeid Leibold, City Attorney City of Lake Elsinore (SEAL)