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HomeMy WebLinkAboutOrd. No. 2006-1195 ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2006-05 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 76, BRINGING 62.42 ACRES OF LAND INTO THE CITY OF LAKE ELSINORE BOUNDARIES, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENW ALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NORTHEASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE. WHEREAS, TSG Little Valley has submitted an application with the City of Lake Elsinore to change the City's official zoning map to "Ramsgate SP" and "R-E Estate Single Family Residential, 1/2 acre minimum lot size" for the Assessor's Parcel Nos. 349-240-043 thru -047; 349-240-050 and - 051; 349-240-054 thru -058; 349-380-024 and -025 (the "Properties"); and WHEREAS, the pre-zoning designations conform to and are consistent with the proposed General Plan Amendment No. 2006-05 for the Properties; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on September 5, 2006, made its report upon the desirability of the proposed project and made its recommendations in favor of Pre-Annexation Zone Change No. 2006-05 by adopting Planning Commission Resolution No. 2006-90 recommending to the City Council approval of the Pre-Annexation Zone Change No. 2006-05; and WHEREAS, public notice of the 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 September 26, 2006. CITY COUNCIL ORDINANCE NO. 1195 PAGE20F4 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed pre- zoning prior to making its decision. The City Council adopted Mitigated Negative Declaration No. 2006-04 prepared for this project as adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the proposed project. SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Pre-Annexation Zone Change No. 2006-05 : 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 zone change or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed zone change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as water, sewer, paving and drainage facilities brought to the site as a requirement for any future development. The proposed "Ramsgate SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied throughout the site. b. The proposed "R-E Estate Single Family Residential, ~ acre minimum lot size" zoning will enable existing land uses to continue on the four (4) outlying parcels that exist today in the County, including the keeping of horses. 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. CITY COUNCIL ORDINANCE NO. 1195 PAGE30F4 a. The proposed zoning of "Ramsgate SP" will allow for the continuation of the single family residential neighborhood already approved across Scenic Crest Drive in Tentative Tract Map No. 25475 Revision No.1. 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. a. The zone change proposes a boundary adjustment to allow for a seamless integration of the property with the adjacent Ramsgate Specific Plan. b. The zone change allows for the development of the site in accordance with proposed Tentative Tract Map No. 33725, which provides primary and secondary accessfor both TTM 33725 and 25475. 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. 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 26th day of September, 2006 by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE CITY COUNCIL ORDINANCE NO. 1195 PAGE40F4 PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th day of October, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: Buckley, Hickman, Kelley Schiffner, Magee NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Non Robett E. Magee, ayor City of Lake Elsinore AZ~ Frederick Ray, City Clerk City of Lake Elsinore