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Home My WebLink AboutCC Reso No 2015-035 City Council Reso.RESOLUTION NO. 2015 -035 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING GENERAL PLAN AMENDMENT NO. 2012 -03 WHEREAS, Spectrum Communities has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designations ( "General Plan Amendment ") for properties located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue; said General Plan Amendment requesting an amendment of the land use designation on Assessor's Parcel Numbers 378 - 040 -004 and 005, 389 - 180 -001 and 002, and 389 - 190 -002 from Low - Medium Density Residential (LMR) to Specific Plan (SP) and on Assessor's Parcel Numbers - 378 - 040 -006, 007 and 012 from Low Density Residential (LR) to Specific Plan (SP) ( "the Properties "); 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. 2012 -03 (the "project ") is part of the City's First (1St) Cycle amendments to the Lake Elsinore General Plan's Land Use Element for the 2015 calendar year; 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 December 2, 2014, January 6, 2015, and March 17, 2015 at duly noticed public hearings the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -09 recommending City Council approval of General Plan Amendment No. 2012 -03; and WHEREAS, on May 12, 2015 and July 14, 2015, at duly noticed public hearings, the City Council has considered the recommendation of the Planning Commission as well as 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 City Council Resolution No. 2015 -035 Page 2 of 3 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. The City Council has considered Mitigated Negative Declaration No. 2014 -02 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2014 -02 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2014 -02 provides the necessary environmental clearance for General Plan Amendment No. 2012 -03. SECTION 3. 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. 2012 -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. a. The proposed General Plan Amendment has been analyzed relative to its potential to have detrimental effects and conditions have been imposed on the subject project 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 adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street and extending to Hoff Avenue, reflects the Terracina Specific Plan which has been conditioned to extend Terra Cotta Road and Pierce Street from the project boundary to Nichols Road; thereby affording it the opportunity to take access from two main roadways (Lakeshore and Nichols Road), as well as providing additional paved access to existing residential development in proximity to the project site. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints. The proposed SP designation will allow for the development of the Terracina Specific Plan, a master planned development with approximately 76.5 acres of single- family residential development (452 dwelling units), 22 acres of open space, 22.5 acres of roadways, 4.2 acres of park (5.1 gross acres), and 28.2 acres of graded slopes and basins. City Council Resolution No. 2015 -035 Page 3 of 3 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 land uses and densities associated with the Terracina Specific Plan provide a variety of lot and home size product type in order to implement the objectives of the City's General Plan and the project proponents. It also includes a land use change from the existing General Plan designations of Low Density Residential and Low - Medium Density Residential for the 151 -acre site. Using these designations, the City's General Plan allows a maximum of 824 dwelling units. The proposed project allows a maximum of 452 homes. 4. 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 Mitigated Negative Declaration /Initial Study (SCH #2013091083) prepared for the Terracina Specific Plan and its related cases, and adequate mitigation measures have been prepared where necessary. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves General Plan Amendment No. 2012 -03. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED of the City of Lake Elsinore, California, this( -4ffi ATTEST Virginid J. (;alq`om, City Clerk APPROVED AS TO F9,1�M://7 [34bara Leibold, City Attorney regular meeting of the City Council of July 2015. Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -035 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 14th day of July 2015, and that the same was adopted by the following vote: AYES: Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Hickman, Council Member Magee and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Virgini�)J. Brrn, City Clerk