HomeMy WebLinkAboutCC Reso No 2010-056RESOLUTION NO. 2010-056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, REGARDING:
1. RESCISSION OF CITY COUNCIL RESOLUTION NO. 2009-19
THAT ADOPTED FINDINGS THAT THE PROJECT KNOWN AS THE
LAKE STREET MARKET PLACE IS CONSISTENT WITH THE
MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP);
2. RESCISSION OF CITY COUNCIL RESOLUTION NO. 2009-20
THAT ADOPTED MITIGATED DECLARATION NO. 2008-10 FOR THE
LAKE STREET MARKETPLACE PROJECT;
3. RESCISSION OF CITY COUNCIL RESOLUTION NO. 2009-21
THAT APPROVED GENERAL PLAN AMENDMENT NO. 2008-01 FOR
THE LAKE STREET MARKETPLACE PROJECT;
4. RESCISSION OF CITY COUNCIL RESOLUTION NO. 2009-22
THAT APPROVED COMMERCIAL DESIGN REVIEW NO. 2008-09;
5. RESCISSION OF PLANNING COMMISSION RESOLUTION NO.
2009-08 THAT APPROVED CONDITIONAL USE PERMIT 2008-15 FOR
THE LAKE STREET MARKETPLACE PROJECT;
6. RESCISSION OF PLANNING COMMISSION RESOLUTION NO.
2009-09 THAT APPROVED VARIANCE NO. 2008-01 FOR THE LAKE
STREET MARKETPLACE PROJECT; AND
7. RESCISSION OF PLANNING COMMISSION RESOLUTION NO.
2009-10 THAT APPROVED UNIFORM SIGN PROGRAM NO. 2008-02
FOR THE LAKE STREET MARKETPLACE PROJECT.
WHEREAS, on May 12, 2009, the City Council of the City of Lake Elsinore
adopted Resolution No. 2009-19 adopting findings that the project known as the lake
street market place is consistent with the Multiple Species Habitat Conservation Plan
(MSHCP); and
WHEREAS, on May 12, 2009, the City Council of the City of Lake Elsinore
adopted Resolution No. 2009-20 adopted Mitigated Negative Declaration No. 2008-10
for the Lake Street Marketplace Project; and
WHEREAS, on May 12, 2009, the City Council of the City of Lake Elsinore
adopted Resolution No. 2009-21 approving General Plan Amendment No. 2008-01 for
the Lake Street Marketplace Project; and
Resolution No. 2010-056
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WHEREAS, on May 12, 2009, the City Council of the City of Lake Elsinore
adopted Resolution No. 2009-22 approving Commercial Design Review No. 2008-09;
and
WHEREAS, on January 20, 2009, the Planning Commission of the City of Lake
Elsinore adopted Planning Commission Resolution No. 2009-08 approving Condition
Use Permit No. 2008-15 for the Lake Street Marketplace Project; and
WHEREAS, on January 20, 2009, the Planning Commission of the City of Lake
Elsinore adopted Planning Commission Resolution No. 2009-09 approving Variance No.
2008-01 for the Lake Street Marketplace Project; and
WHEREAS, on January 20, 2009, the Planning Commission of the City of Lake
Elsinore adopted Planning Commission Resolution No. 2009-10 approving Uniform Sign
Program No. 2008-02 for the Lake Street Marketplace Project; and
WHEREAS, on June 28, 2010, a Preemptory Writ of Mandate was issued in the
case of Voters Against the Lake Street Market v. City of Lake Elsinore, Riverside
Superior Court No. RIC 528604, wherein the City of Lake Elsinore has been ordered to
set aside the Mitigated Negative Declaration No. 2008-10, General Plan Amendment
No. 2008-01; Change of Zone No. 2008-02, Commercial Design Review No. 2008-09,
Conditional Use Permit No. 2008-15; Variance No. 2008-01, Uhiform'Sign Program No.
2008-02, and all associated approvals; and
WHEREAS, the City has been ordered to comply with the aforementioned
Peremptory Writ of Mandate within 90 days of its issuance.
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMIE AND ORDER AS FOLLOWS:
SECTION 1. The above recitals are true and correct.
SECTION 2. That the following resolutions and associated approvals thereWith
are hereby set aside and rescinded:
1. City Council Resolution No. 2009-19 adopting findings that the
project known as the lake street market place is consistent with the Multiple Species
Habitat Conservation Plan (MSHCP); and
2. City Council Resolution No. 2009-20 adopting Mitigated Negative
Declaration No. 2008-10 for the Lake Street Marketplace Project;
3. City Council Resolution No. 2009-21 approving General Plan
Amendment No. 2008-01 for the Lake Street Marketplace Project;
4. City Council Resolution No. 2009-22 approving Commercial Design
Review No. 2008-09; and
Resolution No. 2010-056
Page 3 of 4
5. Planning Commission Resolution No. 2009-08 approving Condition
Use Permit No. 2008-15 for the Lake Street Marketplace Project; and
6. Planning Commission Resolution No. 2009-09 approving Variance
No. 2008-01 for the Lake Street Marketplace Project; and
7. Planning Commission Resolution No. 2009-10 approving Uniform
Sign Program No. 2008-02 for the Lake Street Marketplace Project.
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 at a regular meeting of the City Council
of the City of Lake Elsinore, California, this 10th day of August 2010.
01
MELISSA A. MELENDEZ, MAYOR
CITY OF LAKE ELSINORE
ATT
CAROL COWL
INTERIM CITY CLERK
APPROVED AS TO
Resolution No. 2010-056
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STATE OF CALIFORNIA )
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. 2010-056 was adopted by the City Council of the City of Lake
Elsinore, California, at a regular meeting held on the 10th day of August 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
INTERIM CITY