HomeMy WebLinkAboutOrd. No. 2005-1155
ORDINANCE NO. 1155
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA
APPROVING ZONE CHANGE NO. 2005-06
CHANGING THE ZONING DESIGNATION OF THE
PARCELS SPECIFICALLY DESCRIBED AS PARCEL
NO(S) 2, 3 AND 4 ON EXHIBIT "A" OF LOT LINE
ADJUSTMENT NO. 2004-08 TO R-3 HIGH DENSITY
RESIDENTIAL DISTRICT UNDER THE ZONING
ORDINANCE.
WHEREAS, City of Lake Elsinore has initiated proceedings to change the zoning
of the parcels specifically described as Parcel No.(s) 2, 3 and 4 on Exhibit "A" of Lot
Line Adjustment No 2004-08, from (C-2) General Commercial to R-3 (High Density
Residential District); and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular
meeting held on July 5, 2005 made its report with a failure to approve Zone Change No.
2005-06; 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.
2005-06, 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. 2004-04 is adequate and prepared in accordance
with the requirements of the California Environmental Quality Act (CEQA) which
adequately analyzed the environmental impacts.
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. 2005-06 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.
CITY COUNCIL ORDINANCE NO. 1155
Page 2 of5
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 surrounding land uses and providing a needed
buffer between the approved car dealership and the school to the west.
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 density allowed subject 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 subject property 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. 1155
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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. 1155
Page 4 of5
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:
Robert E. Magee, Mayor
City of Lake Elsinore
CITY COUNCIL ORDINANCE NO. 1155
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AZ/
Frederick Ray: Deputy City Clerk
City of Lake Elsinore
eibold, City Attorney
lsinore