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HomeMy WebLinkAboutCC Reso No 2015-048 City Council Reso.RESOLUTION NO. 2015 -048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING GENERAL PLAN AMENDMENT NO. 2014 -03, AN AMENDMENT TO THE CIRCULATION ELEMENT OF THE LAKE ELSINORE GENERAL PLAN WHEREAS, the City of Lake Elsinore adopted its General Plan on December 13, 2011; 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, General Plan Amendment No. 2014 -03 (the "project ") is part of the City's First (1st) cycle amendments to the Lake Elsinore General Plan, Circulation Element, for the 2015 calendar year; and WHEREAS, General Plan Amendment No. 2014 -03 proposes to 1) redesignate Spring Street Between Collier Avenue and Flint Street from Secondary to Collector on Figure 2.3 Roadway Classifications, and in Table HD -T2 Roadway Plan and Bikeway Plan- Historic District; and 2) remove Diamond Circle and replace it with the existing Pete Lehr Drive and its extension to Malaga Road, on Figure 2.3 Roadway Classification: and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines "), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and City Council Resolution No. 2015 -048 Page 2 of 4 WHEREAS, the City certified a Recirculated Program Environmental Impact Report (RP -EIR) for the update to the City's General Plan in December 2011. Included in the RP -EIR was the analysis and determination of environmental impacts from the adoption of the Downtown Master Plan. The project remains consistent and implements the development anticipated by the RP -EIR. No additional environmental review is required; and WHEREAS, the City certified an Environmental Impact Report (EIR) for the Diamond Specific Plan on June 22, 2010. The project remains consistent and implements the development anticipated by the EIR, No additional environmental review is required; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to proposed General Amendments; and WHEREAS, on May 5, 2015 at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department, other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -37 recommending City Council approval of General Plan Amendment No. 2014 -03; and WHEREAS, on May 26, 2015, at a duly noticed public hearing the City Council considered evidence presented by the Community Development Department, and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The 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 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. 2014 -03: 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. City Council Resolution No. 2015 -048 Page 3 of 4 a. The proposed general plan amendment has been analyzed relative to its potential to have detrimental effects to ensure that the health, safety and welfare of surrounding residents will be protected. b. The length of Spring Street is already designated as a Collector excepting for this stretch between Collier and Flint Streets. Therefore, the proposed project will make uniform the classification and roadway width of Spring Street. C. The Downtown Master Plan (DTMP) identifies Spring Street as a Service Street with 60 -foot right -of -way. According to the DTMP, Service Streets serve as a business route that carriers heavy traffic for business and commercial activities, and allows for Main Street to have the ambience of a Great Street. d. The existing Pete Lehr Drive, if extended to Malaga Road, is adequate to serve commercial mixed use development north of the existing Diamond Stadium without duplication of utilities. Therefore, the proposed project encourages development of the specific plan with an economically superior conceptual land use plan. 2. The proposed general plan amendment will permit reasonable development of the area consistent with constraints and will make the areas affected more compatible with adjacent properties. a. Spring Street development is constrained by the limited width of the roadway due to the existence of permanent structures. 3. The proposed general plan amendment would establish land use densities, intensities and usage more in character with the subject properties' location, access, and constraints. a. The proposed general plan amendment recognizes residential and commercial land use densities that are compatible with surrounding development. 4. The proposed general plan amendment will not have a significant effect on the environment. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves General Plan Amendment No. 2014 -03, and incorporating the amendment into the General Plan as shown on Exhibit 'A.' City Council Resolution No. 2015 -048 Page 4 of 4 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 26th day of May 2015, by the following vote: 1-7L 0 nia J.\Bloomi Citv Clerk APPROVED AS TO Leibold, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -048 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 26th day of May 2015, and that the same was adopted by the following vote: AYES: Mayor Pro Tern Tisdale, Council Member Johnson, Council Member Magee, Council Member Hickman, and Mayor Manos NOES: None ABSENT: None ABSTAIN: None C _ 'o.. Virginia . Bloo ;City Clerk