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HomeMy WebLinkAboutOrd. No. 2006-1199 ORDINANCE NO. 1199 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2006-03, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE SUBJECT TO THE COMPLETION OF ANNEXATION NO. 78, BRINGING 21.13+ ACRES OF VACANT PROPERTY INTO THE CITY OF LAKE ELSINORE. WHEREAS, the C & J Family Trust has filed an application with the City of Lake Elsinore to change the City's official zoning map to "East Canyon Hills SP" for the property located approximately 3.5 miles west of Interstate 215, south of Holland Road, north of Corson Avenue, and contiguous to the easterly boundary of the City of Lake Elsinore, and known as Assessor's Parcel No. 358-130-020 (the "Property"); and WHEREAS, the pre-zoning designations conform to and are consistent with the proposed General Plan Amendment No. 2006-01 for the Property; and WHEREAS, C & J Family Trust has submitted an application for Annexation No. 78; 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. 2006-03 by adopting Planning Commission Resolution No. 2006-85 recommending to the City Council approval of the Pre-Annexation Zone Change No. 2006-03; 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. 1199 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 a decision to approve Pre-Annexation Zone Change No. 2006-01. The City Council adopted Mitigated Negative Declaration No. 2006-03 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. 2006-01 : 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 wi thin the City. a. The proposed pre-zoning 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. b. The proposed "East Canyon Hills SP" zoning will ensure that development standards and design guidelines of the specific plan will be consistently applied to the entirety of the site. 2. The proposed zone change will be consistent with the proposed General Plan Amendment. a. Both the zoning and the general plan designation are proposed to be "East Canyon Hills Specific Plan. " CITY COUNCIL ORDINANCE NO. 1199 PAGE30F4 - 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 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 COUNCILMEMBERS: None NOES: ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBE CITY COUNCIL ORDINANCE NO. 1199 PAGE40F4 - 22/ Frederick Ray, City Clerk City of Lake Elsinore