HomeMy WebLinkAboutOrd. No. 2006-1175
ORDINANCE NO. 1175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE
(pRE-ZONE) NO. 2005-09 TO CHANGE THE ZONING
DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED
AS APN(S) 365-220-026, 365-230-001, 005, 006, 007, 009, 010, 011, 012,
AND 013 TO SP SPECIFIC PLAN SUBJECT TO COMPLETION OF
THE ANNEXATION NO. 75
WHEREAS, Vicki Mata, Trumark Companies, has filed an application to change
the Zoning Designation of the parcels known as Assessor Parcel Number(s) 365-220-026,
365-230-001, 005, 006, 007, 009, 010, 011, 012, AND 013 to SP Specific Plan subject to
the completion of Annexation No. 75; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular
meeting held on February 21, 2006 made its report upon the desirability of the proposed
project, however, the Planning Commission's split-decision vote did not result in a
recommendation to the City Council for Zone Change No. 2005-09; 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 April 11,
2006.
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. 2005-09, prior to making a decision to approve the proposed amendment to the
Land Use Map and establish a Zoning Designation. The City Council finds and
determines that Negative Declaration No. 2006-02 is adequate and prepared in
accordance with the requirements of the California Environmental Quality Act (CEQA)
which analyzes environmental effects of ends 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 (Pre-Zone)
No. 2005-09 have been made as follows:
CITY COUNCIL ORDINANCE NO. 1175
Page 2 of 4
FINDINGS - ZONE CHANGE (PRE-ZONING)
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 potential 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 Specific Plan, 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, by encouraging the inclusion of residential land
use within the City boundaries.
SECTION 3. 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. 1175
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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 11th day
of April 2006, upon the following roll call vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: KELLEY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this
25th day of April, 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, Ma~
City of Lake Elsinore
CITY COUNCIL ORDINANCE NO. 1175
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Frederick Ray(City Clerk
City of Lake Elsinore
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