HomeMy WebLinkAboutOrd. No. 2007-1229
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ORDINANCE NO. 1229
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING PRE-ANNEXATION ZONE
CHANGE NO. 2007-01
WHEREAS, the Shopoff Group has submitted an application with the City
of Lake Elsinore to Pre-Zone 75.1 acres of land proposed for annexation into the City of
Lake Elsinore located south of State Route 74 (Central Avenue), north of Wasson
Canyon, west of Rosetta Canyon Drive, and east of Cambern and Conard Avenues
(APNs 347-330-001, -002, -022, -023, -065, -067 through -074; 347-360-001 and 002;
377-100-006, -009 and -010: the "Property") which will change the City's official zoning
map and designate the Property as Ramsgate SP (the "Pre-Zone"); and
WHEREAS, Government Code Section 56375 indicates that as a
condition to annexation, a city shall pre-zone the territory to be annexed or present
evidence satisfactory to the Local Agency Formation Commission ("LAFCQ") that the
existing development entitlements on the territory are vested or built-out, and are
consistent with the city's general plan; and
WHEREAS, the Pre-Zone conforms to and is consistent with the proposed
General Plan Amendment No. 2007-01 for the Property; and
WHEREAS, after considering the Pre-Zone at a regular meeting held on
July 17, 2007, the Planning Commission of the City of Lake Elsinore recommended that
the City Council approve Pre-Annexation Zone Change No. 2007-01; and
WHEREAS, public notice of the Pre-Zone has been given, and the City
Council has considered the Planning Commission's recommendation and evidence
presented by the Community Development Department and other interested parties at a
public hearing held with respect to this item on August 14, 2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council has considered the proposed Pre-Zone
prior to making a decision to approve Pre-Annexation Zone Change No. 2007-01.
SECTION 2. That in accordance with the Cortese Knox Hertzberg Local
Government Reorganization Act of 2000, the 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. 2007-01:
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 zone change or within the City, or b) injurious to
the property or improvements in the neighborhood or within the City.
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The proposed Pre-Zone 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 of 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.
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.
The proposed zoning of "Ramsgate SP" will allow for the continuation of the
single family residential neighborhoods that already exist or are under
construction to the east.
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.
The zone change proposes a boundary adjustment to allow for an integration of
the Property with the adjacent Ramsgate Specific Plan. The zone change allows
for the development of the Property in accordance with proposed Tentative Tract
Map Nos. 32537 and 35422, which provide a 5.6 acre park and two small pocket
parks, walking trails, water basins, and open space lots.
SECTION 3. Based upon all of the evidence presented, both written and
testimonial, the above findings, and the conditions of approval imposed upon the
Project, the City Council approves Pre-Annexation Zone Change No. 2007-01.
SECTION 4. 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 5. 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on th~s 2 ~U9Ust2007.
BERT E. MAGEE
MAYOR
CITY OF LAKE ELSI ORE
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ATTEST:
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MICHELLE SOTO
INTERIM CITY CLERK
APPROVED AS TO FORM:
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BARBARA ZEID LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA )
COUNTY OF RIVERSUDE )ss.
CITY OF LAKE ELSINORE )
I, MICHELLE SOTO, Interim City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Ordinance No. 1229 was introduced at a
regular meeting of the City Council of the City of Lake Elsinore on the 14th day
of Auqust 2007, and was finally passed at a regular meeting of the City Council of the
City of Lake Elsinore held on the 28th day of Auqust 2007, by the following roll
call vote:
AYES: MAYOR ROBERT E. MAGEE
MAYOR PRO TEM DARYL HICKMAN
COUNCILMEMBER THOMAS BUCKLEY
COUNCILMEMBER GENIE KELLEY
COUNCILMEMBER ROBERT SCHIFFNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
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MICHELLE SOTO
INTERIM CITY CLERK
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