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HomeMy WebLinkAboutCC Reso No 2008-029RESOLUTION NO. 2008- 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2005-06 WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of General Plan Amendment No. 2005-06 for the project identified as the Spyglass Ranch Specific Plan (the "Project"); and WHEREAS, the 259.6-acre project site is located on the north side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site"); and WHEREAS, on November 27, 1990, the City of Lake Elsinore City Council approved the current version of the Lake Elsinore Generai Plan; and WHEREAS, Government Code Section 65300 requires each city prepare and adopt a comprehensive, long-term general plan for the physical development of the City and any land outside the City's boundaries which in the City's judgment bear relation to the City's planning; and WHEREAS, the 1990 Lake Elsinore General Plan "Land Use Map" Figure designates the Project Site as Future Specific Plan (3.0 du/ac maximum density), Freeway Business and Neighborhood Commercial; and WHEREAS, the applicant is proposing to change the General Plan land use designation to Spyglass Ranch Specific Plan and to increase the maximum density from 3.0 du/ac to 4.0 du/ac; and WHEREAS, at a duly noticed public hearing on January 15, 2008, the Lake Elsinore Planning Commission considered the proposed General Plan • Amendment and made a recommendation that the City Council approve the proposed modification to the City's Land Use Map; and WHEREAS, pursuant to Section 17.80.010 of the City of Lake Elsinore Municipal Code, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Generai Plan Amendments; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26, 2008. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1 Section 1. Prior to approving the General Plan Amendment, the City Council has reviewed and analyzed the General Plan Amendment pursuant to the State Planning and Zoning Laws (Cai. Gov. Code §§ 65000 et seq.) to determine the appropriateness of changing the general plan land use designation from Future Specific Plan, Freeway Business and Neighborhood Commercial to Spyglass Ranch Specific Plan. Section 2. In accordance with the State Planning and Zoning Laws and the Lake Elsinore Municipal Code ("LEMC"), the City Council of the City of Lake Elsinore makes the following findings for the approval of General Plan Amendment No. 2005-06: 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. The proposed General Plan Amendment will change the Project Site's General Plan land use designation to Spyglass Ranch Specific Plan and increase the maximum density to 4.0 du/ac. Currently, the Project Site has a General Plan land use designation of Future Specific Plan (maximum density of 3.0 du/ac) Freeway Business and Neighborhood Commercial. The proposed land uses are similar to existing and approved uses on all sides of the Project perimeter and roadway network. Impacts will be mitigated and therefore will not result in any significant impacfs in surrounding neighborhood(s) except in the areas of construction-related air quality impacts. The significant air quality impacts are only construction related and will not have long term effects. Mitigafion measures are proposed to lessen short-term construction related air quality impacts to /ess fhan significant levels. Overall, the Project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the Project. Furthermore, because the Projecf is a residential community, the Project will not be injurious to the property or improvements in the neighborhood surrounding the Project Site or within the City. 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 General Plan land use designation of Spyglass Ranch Specific Plan will allow for a variety of land uses on the project site including residential, open space and parks to enhance the appearance and livability of the community through encouragement of creative approaches to the use of land and the design of facilities; and, to promote and create public and private open space as an integral part of land development design. To this end, the Spyglass Ranch Specific Plan will include residential, open space and park uses consistent wifh the Spyglass Ranch Specific Plan General Plan designation and shall be compatible with the surrounding residential, open space and park land uses surrounding the Project Site. Moreover, the Project Site shall be adequate in 2 shape, size and design fo accommodate the proposed increase in maximum density to 4.0 du/ac. 3. The proposed General Plan Amendment would establish a land use designation and usage more in character with the subject property's location, access, ancl constraints. Changing the land use designation for the Project Sife to Spyglass Ranch Specific Plan and, allowing for a higher maximum residential density will serve to enhance the existing character and natural fopography of the site. Residential clustering will result in residential products that compliment the topography while maintaining natural open space. Finally, the Project will use existing connecfion points of access for the future residentral community. 4. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of less than significant, or in the case where impacts remain significant; a statement of overriding considerations must be adopted to justify the merits of project implementation. Environmental Impact Reporf No. 2007-01 was adequately prepared and analyzed the environmental effects of the General Plan Amendment in accordance with the CEQA. Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore does hereby approve General Plan Amendment No. 2005-06. Section 4. This resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 26th day of February 2008. ~y HI KMAN, MAYOR CITY OF LAKE ELSINORE 3 AT EST: f ~ ~ ~'1.~. VI IAN M. MUNSON CITY CLERK AP ROVED AS TO R: ~ ,~ ARBARA EID EIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. Zoos-29 Was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of February 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Council Members Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSTAIN: None ABSENT: None ~ ~ IAN M. MUNSON CITY CLERK 4