HomeMy WebLinkAboutOrd. No. 2007-1210
ORDINANCE NO. 1210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE
CHANGE NO. 2006-10 TO RE-ZONE THE PROPERTIES
LOCATED AT 20930, 20970, AND 21000 MALAGA ROAD
FROM (C-1) NEIGHBORHOOD COMMERCIAL TO (C-2)
GENERAL COMMERCIAL
WHEREAS, Ted Kingston, Lake Elsinore Hotel and Casino, submitted an
application for Zone Change No. 2006-10 to change the zoning designation for
properties located at 20930 Malaga Road (APN 365-040-016),20970 Malaga Road
(APN 365-040-003), and 21000 Malaga Road (APN 365-040-011) from C-l
(Neighborhood Commercial District) to C-2 (General Commercial District) (the
"Zone Change"). The three (3) subject lots, totaling approximately 9.61 acres, are
generally located at the northwest comer of Malaga Road and Casino Drive; and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of approving of Zone Changes; and
WHEREAS, on February 13, 2007, at a duly noticed public hearing, the
City Council considered evidence presented by the Community Development
Department and other interested parties and the recommendation of the Planning
Commission with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES ORDAIN AS FOLLOWS:
SECTION 1. The Planning Commission has considered the Zone Change
prior to making recommendation that the City Council approve the request.
SECTION 2. That in accordance with State Planning and Zoning law and
the City of Lake Elsinore Municipal Code, the City Council makes the following
findings for the approval of Zone Change 2006-10:
1. The Zone Change will be consistent with the goals, objectives, and
policies of the General Plan and the development standards established in the Lake
Elsinore Municipal Code.
The Zone Change, which will re-zone the subject properties from their current
zoning designation of C-l (Neighborhood Commercial District) to C-2 (General
Commercial District), is consistent with the goals, objectives, and policies of the
General Plan. The General Plan designation General Commercial is intended to
CITY COUNCIL ORDINANCE 1210
PAGE 2 OF 3
provide for a wide range of retail and service activities, including department
stores, restaurants, hotels, theaters, offices and specialized services. Furthermore,
Table III-5 (General Plan/Compatibility Matrix) indicates that the C-2 (General
Commercial District) designation is a zone that is compatible with General Plan
designation General Commercial.
The Zone Change is consistent with the General Plan designation General
Commercial in that its intent is to reserve appropriate locations consistent with the
General Plan designation General Commercial and to accommodate a full-range
of retail stores, offices, personal and business service establishments offering
commodities and services scaled to meet the needs of the residents and entire City.
2. The Zone Change will not be detrimental to the general health, safety,
comfort, or welfare of persons residing or working within the neighborhood of the
Zone Change or the City, or injurious to property or improvements in the
neighborhood or the City.
The Zone Change has been analyzed by all City departments 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.
All comments made by the various City departments have been incorporated into
the project entitlements as conditions of approval. Specific conditions related to
installation and maintenance of landscaping, street dedications, regulations of
points of vehicular ingress and egress, on-site vehicular circulation, and nuisances
were integrated in order to eliminate any negative impacts to the surrounding
neighborhoods and the City.
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.
CITY COUNCIL ORDINANCE 1210
PAGE30F3
INTRODUCED AND APPROVED UPON FIRST READING this 13th
day of February, 2007, 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 27th day of February, 2007, upon the following roll call vote:
AYES:
COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER,
MAGEE, HICKMAN
NOES:
COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
ATTEST:
f'
~10'd if 1; ~. .&2J
rederick Ray, CMC, City ctierk
)
{
eib01d, City Attorney
1sinore