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HomeMy WebLinkAboutOrd. No. 2006-1198 ORDINANCE NO. 1198 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING PRE-ZONING NO. 2006-04 SUBJECT TO THE COMPLETION OF ANNEXATION NO. 77 WHEREAS, the City of Lake Elsinore (the "City") has commenced proceedings to annex 154 acres of land into the City's corporate boundaries and is concurrently initiating proceedings to change the zoning designation on 154 acres of land located adjacent to State Route 74, East of Trellis, from the County of Riverside's zoning designations to City's Pre-Zoning designations as set forth below; and WHEREAS, the Pre-Zoning application conforms to and is consistent with the City of Lake Elsinore's General Plan Land Use Map, as amended by the general plan amendment which is also being processed simultaneously with this Pre-Zone application; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. SS 15000 et seq.), Mitigated Negative Declaration No. 2005-12 was prepared to mitigate to a level of insignificance any potentially significant environmental effects presented by Annexation 77; and WHEREAS, the Planning Commission opened the public hearing on the Annexation 77 at a duly noticed public hearing on August 1, 2006; and WHEREAS, in response to the public comments shared at the August 1, 2006 meeting, the Planning Commission voted to continue the public hearing on Annexation 77 until the regularly scheduled meeting of September 19,2006; and WHEREAS, on September 19, 2006, the Planning Commission considered additional evidence presented by the Community Development Department and other interested parties with regard to the annexation application; 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 September 26, 2006. - CITY COUNCIL ORDINANCE NO. 1198 Page 2 of 4 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed Pre-Zoning No. 2006-04 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 City of Lake Elsinore Municipal Code ("LEMC"), the City Council makes the following findings for the approval of Pre- Zoning 2006-04: 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 Pre-Zoning 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 zone change. Staff believes that the health and safety of the persons residing or working within the neighborhood of the property may be improved due to the future development that could include improvements to infrastructure such as water and sewer lines, lighting and paving of existing dirt rights-of-way. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the LEMC. The Pre-Zoning is consistent with GOAL 1.0 of the General Plan in that this Pre-Zoning will assist in achieving the City's goal to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore". 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. 1198 Page 3 of 4 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 vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this day of October 10, 2006, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBER,: : - CITY COUNCIL ORDINANCE NO. 1198 Page 4 of 4