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HomeMy WebLinkAboutOrd. No. 2005-1154 ORDINANCE NO. 1154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2005-03 CHANGING THE ZONING DESIGNATION (FOR THE PARCEL SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER 373-071- 018) FROM C-2 (GENERAL COMMERCIAL DISTRICT) TO R-3 (HIGH DENSITY RESIDENTIAL DISTRICT). WHEREAS, Leonard Leichnitz, of Lumos Communities, has initiated proceedings to change the zoning designation of the subject parcels known as APN 373- 071-018 from C-2 (General Commercial District) to R-3 (High Density District); and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on July 5, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of said Zone Change No. 2005-03 by adopting Planning Commission Resolution No. 2005-78 recommending to the City Council approval of Zone Change No. 2005-03; 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 August 9, 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 No. 2005-03, 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. 2005-03 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code the following findings for the approval of Zone Change No. 2005-03 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 CITY COUNCIL ORDINANCE NO. 1154 working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to 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 future 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 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: APN 373-071-018 from C-2 (General Commercial District) to (R-3 (High Density Residential District). Approval is based on the following findings: 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. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. CITY COUNCIL ORDINANCE NO. 1154 SECTION 5. 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. 1154 INTRODUCED AND APPROVED UPON FIRST READING this 9th day of August, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 13th day of September, 2005, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE SECOND READING CONFIRMINED AND APPROVED FOR PUBLICATION this 10th day of January 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: CITY COUNCIL ORDINANCE NO. 1154 PAGE 2 of3 ATTEST: Frederick Ray, D City of Lake Elsinore APPROVED AS TO FORM: