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Home My WebLink AboutCC Reso No 2005-017RESOLUTION NO. 2005-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE FIRST CYCLE OF THE CALENDAR YEAR 2005 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-06 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU 015, 363-250-001 THRU 012, FROM VERY LOW DENSITY (VLD) RESIDENTIAL TO MEDIUM DENSITY (MD) RESIDENTIAL. WHEREAS, Scott Woodward, Woodward Interests has initiated proceedings to amend the General Plan Land Use Map by requesting a General Plan Amendment changing the designation of the pazcels known as Assessor Parcel Number(s) 363-240-005 thru 007, 363-240- O10 thru 015, 363-250-001 thru 012 from Very Low Density (VLD) Residential to Medium Density (MD) Residential; and WHEREAS, Section 65361(a) of the Government Code provides that no mandatory element of a General Plan shall be amended mare frequently than four times during any calendar Ye~'> WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on February 1, 2005 made its report upon the desirability of the proposed project and made its recommendations in favor of said General Plan Amendment No. 2004-06 by adopting Planning Commission Resolution No. 2005-07 recommending to the City Council approval of General Plan Amendment No. 2004-06; and WHEREAS, public notice of said application 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 March 8, 2005; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed General Plan Amendment No. 2004-06, prior to making a decision to approve the proposed amendment to the Land Use Plan. The City Council finds and determines that Mitigated Negative Declaration No. 2004-10 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes the environmental effects of the proposed project prior to City Council certification, based upon the following findings and determinations: RESOLUTION NO. 2005-17 PAGE NO. 2 SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of General Plan Amendment No. 2004-06 have been made as follows: 1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety, comfort or general welfaze of the persons residing ar warking 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 has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traff c impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project considering the mitigations identified and the improvements required. 2. The proposed General Plan Amendment will permit reasonable development of the azea consistent with its constraints and will make the area more compatible with adjacent properties. The Proposed General Plan Amendment will allow the applicant to develop the site with the proposed density of 5.5 Dwelling Units/net acre and will in turn bring about a site more compatible with the Condominium Project previously approved by the Ciry Council. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The proposed General Plan Amendment would establish a density more in conformance with the recently approved 144 unit condominium project to the west of the subject site. Additionally, the proposed project site would be in close proximity of any necessary services needed by persons residing in the proposed condominium community. 4. The proposed General Plan Amendment wili not have a significant effect on the environment. The proposed General Plan was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project will not have a significant effect on the environment. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore General Plan Land Use Map hereof be amended for the first time in calendar year 2005 to reflect General Plan Amendment No. 2004-06. RESOLUTION NO. 2005-17 PAGE NO. 3 PASSED, APPROVED AND ADOPTED this 8th day of March 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN COLJNCILMEMBERS: BUCKLEY, KELLEY, MAGEE, SCHIFFNER COi1NCILMEMBERS: NotvE COUNCILMEMBERS: HzCZCrtAN COiJNCILMEMBERS: NoNE / ~ ~ /, e Robert Mage City of Lake Vicki Lynne City Clerk APPROVED AS TO ~ Ba~rbara Zeid Le bold, City Attorney City of Lake sinore STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 8~h of March, 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCffiFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB AIN: COUNCILMEMBERS: ` "`~-~~ /'~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE HICKMAN NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2005-17 of said Council, and that the same has not been amended or repealed. DA . March 17, 2005 ~ ~~.".'.'~' G 1 VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)