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HomeMy WebLinkAboutCC Reso No 2008-097 n n n RESOLUTION NO. 2008-...22.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2008-03 WHEREAS, the City of Lake Elsinore is considering an amendment to the General Plan Land Use Map, General Plan Amendment No. 2008-03, which will change a significant portion of the land use designation of Assessor Parcel Number 363-130- 087 from "Floodway" to "General Commercial" (the "General Plan Amendment") allowing for the future development of an automobile dealership "Auto Sales and Service Center"; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 21, 2008 made its report upon the desirability of the proposed project and made its recommendations in favor of said project by adopting Planning Commission Resolution No. 2008-85 recommending to the City Council approval of General Plan Amendment No. 2008-03; and WHEREAS, public notice of the General Plan Amendment 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 November 11, 2008. 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. 2008-04 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. 2008-03: 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 Federal Emergency Management Agency (FEMA) has revised the 1 DO-year flood zone along the San Jacinto River channel. The revised maps have removed all but a small portion (10,745 square feet or 0.025 acres) of the 6.34-acre area from the 100-year flood zone, specifically Zone AE. The project will not be allowed to grade or develop within this small area designated Zone AE. The proposed General Plan Amendment creates consistency between the City's General Plan and the identified r r n PAGE 2 OF 3 FEMA 100-year flood zone map and Zone AE. b. The proposed change would allow economic use of an otherwise non- beneficial area that, according to FEMA, is no longer is considered to lie within a floodway. The proposed General Plan Amendment will not have a significant effect on the environment. c. The General Plan Amendment does not propose any significant change from surrounding land use designations and will not result in any significant environmental impacts as explained in Mitigated Negative Declaration No. 2008-04. SECTION 3. Based upon all of the evidence presented, the above findings, the attached conditions of approval, and the recommendation of the Planning Commission, the City Council of the City of Lake Elsinore hereby approves General Plan Amendment No. 2008-03. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 11TH day of November 2008. < ~ Jhrt/ DARYL HICKMAN MAYOR ATTEST: CA OL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: ~~ BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE ~ n r PAGE 3 OF 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ) ss. I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-97 was adopted by the Cit~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 11 day of November 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSENT: None ABSTAIN: None GENERAL PLAN AMENDMENT MAP ~ ) "\ I- -?v I- 1:> I- ~ . I-- ~ ~ <0 ~h <<' ~ "- f---- ~ 2: f---- ~ f---- f---- f---- ~'''~i '.~ ~ I:.NI:.RAL .. n i- ~J~C A",:'I '- !--- - '- - ----'!IJt- ~ooow~ -~ -, ~HORE D '-- -.J -f-J 'RIVE !--- - i- - i- f I I / I I I EXISTING LAND USES n . GENERAL PLAN AMENDMENT MAP r --- ) -?v ~ ~ ~A ~ o ~h <<' '" - - - - C\J ..... " ~ ::c: ~ 1'.1 'J ~ 'C ~ ::. M RC A I i '- FLOODWA Y A Ii QT l- I", - U~~ -( I t.AKESHORE D :t: J ~ RIVE - - - - - 7 I I I I ! I PROPOSED LAND USES r