HomeMy WebLinkAboutOrd. No. 2007-1236
ORDINANCE NO. , ?~fi
ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING PRE-ANNEXATION ZONE CHANGE NO. 2007-05
WHEREAS, the City of Lake Elsinore is considering the annexation of
approximately 589 acres of land (the "Annexation No. 82"), which is currently within the
City's Sphere of Influence and which is bound to the south and east by the City of Lake
Elsinore, to the west by the Cleveland National Forest and to the north by the
conditionally approved Pacific Clay Annexation (the "Running Deer Territory") into the
corporate boundaries of the City of Lake Elsinore; and
WHEREAS, in accordance with the Riverside LAFCO rules and procedures,
Government Code Sections 56375 and 65859, the Cortese-Knox-Hertzberg Local
Government Reorganization Act of 2000 (Government Code Section 56000-56001), and
all other applicable laws, the City of Lake Elsinore is processing a Pre-Zone (Zone
Change) for the Running Deer Territory; and
WHEREAS, the City of Lake Elsinore has proposed to pre-zone the Running
Deer Territory area as Rural Mountainous Residential (R-M-R; 1 DU/10 acres), Rural
Residential (RR; 1 DU/2 acres), and Open Space (OS); and
WHEREAS, after considering the Pre-Zone at a regular meeting held on October
16, 2007, the Planning Commission of the City of Lake Elsinore recommended that the
City Council approve Pre-Annexation Zone Change No. 2007-05; 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 November 13, 2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, 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. 2007-05.
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. 2007-05:
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.
1
The proposed Zone Change 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 concluded
that the project does not propose land uses, densities, or development patterns
that will jeopardize the health and safety of the persons residing or working within
the neighborhood of the property. Health, safety, and welfare will not be
degraded as a result of this project.
2. The proposed action will be consistent with the Goals, Objectives, and Policies of
the General Plan and the development standards established with the Lake
Elsinore Municipal Code.
The Zone Change is consistent with the General Plan's underlying land use
designations of Mountainous (1 DU/10 ACRE), Vel}' Low Density Residential (.5
DU/ACRE, and Open Space (OS) for the project site. The Zone Change will
allow development of a well-balanced and functional mixed-use project
comprised of residential uses, and a public elemental}' school.
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. 2007-05.
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 this 27 day of November
2007.
t.ST: W
VIAN M. UNSON
CITY CLERK
B RT E. MA
MAYOR
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APPROVED AS TO FORM:
STATE OF CALIFORNIA )
COUNTY OF RIVERSUDE )ss.
CITY OF LAKE ELSINORE)
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California,
hereby certify that the foregoing Ordinance No. 1236 was introduced at a regular
meeting of the City Council of the City of Lake Elsinore on the 13 day of
November , and was finally passed at a regular meeting of the City Council of the
City of Lake Elsinore held on the 27 day of November , by the following roll call
vote:
AYES:
COUNCILMEMBER THOMAS BUCKLEY, COUNCILMEMBER GENIE KELLEY,
MAYOR PRO TEM DARYL HICKMAN, MAYOR ROBERT E. MAGEE
NOES:
NONE
ABSENT:
COUNCILMEMBER ROBERT SCHIFFNER
ABSTAIN:
NONE
( M.hJso:-
CITY CLERK
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