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HomeMy WebLinkAboutCC Reso No 2010-038RESOLUTION NO. CC- 2010 -038 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2009 -01. WHEREAS, an application has been filed with the City of Lake Elsinore by JIC- CP Diamond Development (the "Developer ") to amend the City's General Plan Land Use designations ( "General Plan Amendment ") for properties located at Assessor's Parcel Nos. 373 - 210 -014, -016, -019 thru -021, -023, -024, -026, and -027 from NC- Neighborhood Commercial to SP- Specific Plan; and for properties located at Assessor's Parcel Nos. 363- 150 -001 thru -005, and -034, -035, and 363 -162 -024, -025, -027, -030, -039, -041, and -044 from SP- Specific Plan to NC- Neighborhood Commercial ( "the Properties'); and WHEREAS, the Properties are located south of Lakeshore Drive, east of the Inlet Channel, west of Mission Trail and north of Malaga Road (the "Site "); and WHEREAS, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four times during any calendar year; and WHEREAS, this General Plan Amendment is part of the City's First (1') cycle amendments to the Lake Elsinore General Plan Land Use Map for the 2010 calendar year; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding general plan amendments; and WHEREAS, on June 1, 2010, the Planning Commission considered the General Plan Amendment and recommended that the City Council approve the General Plan Amendment subject to the attached conditions of approval; and WHEREAS, public notice of the General Plan Amendment has been given, the Planning Commission of the City of Lake Elsinore has made its recommendation for approval, and the City Council has considered the evidence presented by the Community Development Department and other interested parties at a public hearing held on June 22nd, 2010 with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: SECTION 1. City Council has reviewed and analyzed the proposed General Plan Amendment pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed General Plan Amendment is CITY COUNCIL RESOLUTION NO. CC- 2010 -038 Page 2 of 4 consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. That in accordance with the California Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council hereby makes the following findings for the approval of General Plan Amendment No. 2009 -01: 1. The proposed General Plan Amendment 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. a. The proposed General Plan Amendment has been analyzed relative to its potential to have detrimental effects and conditions have been imposed to ensure that the health, safety and welfare of surrounding residents will be protected. b. The application to include the Specific Plan designation on the properties fronting Lakeshore Drive will ensure that the Diamond Specific Plan project will extend to Lakeshore Drive, affording it the opportunity to take access from two main roadways (Lakeshore and Diamond Drive), as well as the opportunity to enhance and modernize the existing Lake Elsinore Valley Center. C. The removal of properties from the boundaries of the East Lake Specific Plan (ELSP) along the east side of Diamond Drive will prevent these parcels from being an `island," separated from the rest of the ELSP. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed SP designation will allow for the development of the Diamond Specific Plan, a master planned, mixed -use development that creates a unique sense of place and regional destination venue surrounding the existing Diamond Stadium. 3. The proposed General Plan Amendment would establish a land use density, intensity and usage more in character with the subject property's location, access, and constraints. The proposed Diamond Specific Plan that accompanies this General Plan Amendment offers a vibrant, exciting, modem approach to the development pf the lands surrounding the Diamond Stadium. Such development has been CITY COUNCIL RESOLUTION NO. CC- 2010 -038 Page 3 of 4 languishing under the auspices of the ELSP, because the ELSP did not take advantage of the Stadium's draw as a recreational destination, coupling it with other uses that attract tourists, sports fans, and the local citizens. 4. The proposed General Plan Amendment increases the number of potential dwelling units that may be developed on the Site. The proposed Diamond Specific Plan that accompanies this General Plan Amendment proposes a mixed use designation over the entire 87 acres, which maximizes flexibility in meeting market demands, including up to 600 new dwelling units which will increase housing opportunities in the region. 5. The proposed General Plan Amendment will not have a significant effect on the environment. The effects of the General Plan Amendment has been analyzed in the Environmental Impact Report (SCH #2009031084) prepared for the Diamond Specific Plan and its related cases, and adequate mitigation measures have been prepared where necessary. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the City Council hereby approves General Plan Amendment No. 2009 -01. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED on this twenty- second day of June 2010. 1111 l�4i ►� _ - . : - Melissa A. Melendez, Mayor L- City of Lake Elsinore CITY COUNCIL RESOLUTION NO. CC- 2010 -038 Page 4 of 4 STATE OF CALIFORNIA 1 COUNTY OF RIVERSIDE } SS CITY OF LAKE ELSINORE )) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. CC- 2010 -038 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 22nd day of June 2010, and that the same was adopted by the following vote: AYES: COUNCIL MEMBERS: BUCKLEY, HICKMAN, MAGEE, MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE Carol Cowley Interim City Clerk