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HomeMy WebLinkAboutCC Reso No 2009-21 RESOLUTION NO. 2009-21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING GENERAL PLAN AMENDMENT NO. 2008-01 FOR THE LAKE STREET MARKETPLACE PROJECT WHEREAS, Marinita Development Company (the "Developer') filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2008-01, which will change the land use designation of Assessor Parcel Numbers 389-030-014, 015, 016, 017 and -018 (the "Property") from "Low Medium Density Residential" to "General Commercial" (the "General Plan Amendment") allowing for the development of a 34,194 square foot retail shopping center to be located at the northwest corner of Lake and Mountain Streets; and WHEREAS, the City Council of the City of Lake Elsinore has the responsibility of making decisions to the approved General Plan Land Use Map; and WHEREAS, public notice of the General Plan Amendment has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed General Plan Amendment, prior to making a decision to approve the proposed amendment to the City's Land Use map. The City Council finds and determines that Mitigated Negative Declaration No. 2008-10 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). 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 General Plan Amendment No. 2008-01: 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. As reviewed and conditioned by all applicable City Divisions and Departments, the proposed amendment will not be detrimental to the health , safety, comfort and welfare of the persons residing or working within or near r( the neighborhood of the proposed amendment. CITY COUNCIL RESOLUTION 2009-21 PAGE 2 OF 4 2. The proposed General Plan Amendment will be consistent with the latest General Plan. The project proposes a general plan amendment to designate the site General Commercial on the General Plan Land Use Map. Designating this land as General Commercial is consistent with the General Plan Update which plans for retail and commercial uses along Lake Street. The commercial project will provide needed shopping amenities to surrounding neighborhoods. In addition, the draft General Plan Update designates the site, as well as several properties north along Lake Street, as General Commercial. A commercial designation for this property helps to complete the City's vision for shopping opportunities along Lake Street. By providing neighborhood-serving commercial services, the project will help to reduce citywide traffic congestion and air pollution by eliminating some vehicle trips from other currently congested areas. Consequently, the proposed project will not conflict with any applicable land use plan, policy, or regulation with the approval of the general plan amendment. General Plan Amendment No. 2008-01 and Zone Change No. 2008-02 will result in the loss of this site for housing production. Under the current General Plan and Zoning designations, the property would be able to accommodate approximately 20 dwelling units. While the change eliminates this site for housing production, there are alternative sites available in the City to absorb these 20 dwelling units. Specifically, within the last few years, the City of Lake Elsinore has made several minor changes to the City General Plan. Two of these changes shifted land use categories from commercial to residential. In August of 2006, the Fourth Revision to the Ramsgate Specific Plan shifted 13.8 acres from Neighborhood Commercial to Medium Density Residential. This change added 132 detached residential units to the City. In September of 2006, an amendment to the Courtyard Estates Specific Plan shifted approximately 20 acres from Commercial Retail to Medium High Density Residential which added 146 attached residential units to the City. In addition, the City has recently completed the annexation process for Annexation 76, 77, 78, and 81 all of which brought into the City substantial vacant land that the City has designated for residential development. When viewed in its entirety, the City has already more than offset any reductions in residential units resulting from the Lake Street Marketplace. Consequently, the proposed change to the General Plan is not creating an inconsistency. The City is committed to providing housing available to all economic segments of the community and has sufficient sites available to more than satisfy its Regional Housing Needs Allocation. I CITY COUNCIL RESOLUTION 2009-21 PAGE 3 OF 4 SECTION 3. Based upon all of the evidence presented, and the above findings, the attached conditions of approval, and the recommendation of the Planning Commission, the City Council hereby approves General Plan Amendment No. 2008-01. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on ' 12th day of May 2009. R ERT MACE MAYOR ATTEST: (jy EBORA TROMSEN, CMC CITY CLERK= 'APP.ROV_ ED"AS TO FORM: V ve_~ BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE I CITY COUNCIL RESOLUTION 2009-21 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE J I, Debora Thomsen, CMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-21 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12t' day of May 2009, and that the same was adopted by the following vote: AYES: Mayor Robert E. Magee, Mayor Pro Tern Melissa Melendez, Councilwoman Amy Bhutta, Councilman Daryl Hickman NOES: None ABSENT: Councilman Thomas Buckley ABSTAIN: None DEBORA THOMSEId : CITY CLERK - ,1 '