HomeMy WebLinkAboutCC Reso No 2005-036RESOLUTION NO. 2005- 36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, MAHING AN
AMENDMENT TO THE LAKE ELSINORE GENERAL
PLAN LAND USE ELEMENT FOR THE SECOND CYCLE
OF THE CALENDAR YEAR 2005 APPROVING OF
GENERAL PLAN AMENDMENT NO. 2004-02 AMENDING
TFIE GENERAI, PLAN LAND USE MAP OF THE
PROPERTY LOCATED WITHIN THE BOUNDARIES OF
TENTATIVE PARCEL MAP NO. 33056, ASSESSOR
PARCEL NO(s) 377-120-007 & A PORTION OF 008 FROM
BUSINESS PARK AND LIMITED INDUSTRIAL TO
GENERAL COMMERCIAL.
WHEREAS, Glen Daigle, Daigie Development, LLC has initiated proceedings to amend
the General Plan Land Use Map of the property within the boundaries Tentative Parcel Map No.
33056 from Business Park and Limited Industrial to General Commercial of the parcels known
as Assessor Parcel Number(s) 377-120-007 & a portion of 377-120-008; and
WHEREAS, Section 65361(a) of the Govemment Code pxovides that no mandatory
element of a General Plan shall be amended mare frequently than four times during any calendar
year; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting
held on March 1, 2005 made its report upon the desirability of the proposed project and made its
recommendations in favor of said General Plan Amendment No. 2004-02 by adopting Planning
Commission Resolution No. 2005-21 recommending to the City Council approval of General
Plan Amendment No. 2004-02; and
WHEREAS, public notice of said application has been given, and the City Council has
considered evidence presented by the Community Development Departxnent and other interested
parties at a public hearing held with respect to this item on March 22, 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. 2004-02, priar to making a decision to approve the proposed amendment to the Land Use
Plan. The City Council finds and determines that Final Environmental Impact Report, Findings
of Fact and Overriding Considerations and Mitigation Monitoring and Reporting Program (State
Clearinghouse No. 20041 1 1 053) 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:
CITY COUNCIL RESOLUTION
GENERAL PLAN AMENDMENT
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. 2004-02
have been made as follows:
1. The proposed General Plan Amendment will not be; a) detrimentai 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 amendment to the General Plan Land Use Plan 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 traffic impacts of the proposed project and
cumulative projects within the "Study Area " as described in the Tra~c Study prepared
by Albert Grover & Associates. Staff, concluded, based on the Traffic Study and the
mitigations required that the Level of Service for the intersections in the Study Area
would not be below a LOS "D " as a result of this project and cumulative projects in the
"Study Area ".
2. The proposed General Plan Amendment will permit reasonable development of the area
consistent with its wnstraints and will make the azea more compatible with adjacent
properties.
The proposed amendment to the General Plan Land Use Plan has adequately analyzed
the potential impacts of the project propbsed as well as the cumulative projects within the
"Study Area" and has proposed recommended improvements and mitigations to the
public right-of-ways, thereby allowing the applicant to develop the site with the proposed
shopping center. Consequently the analysis, aZong with mitigations will in turn bring
about a site more compatible with the adjacent properties located in the City and the
County ofRiverside.
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 amendment to the General Plan Land Use Plan would establish a usage
more in conformance with the traffic impacts associated with a development of this type
as well as cumulative projects within the "Study Area". Additionally, the proposed
project site would be in close proximi[y of any necessary services needed by persons
working and shopping within the project parameters.
4. The proposed General Plan Amendment will not have a significant effect on the
environment.
The proposed amendment to the General Plan Land Use Plan was included within the
description of the project's Initial Study and subsequent Draft Environmental Impact
Report (SCH No. 2004111053) and has been adequately prepared and anaZyzed. Based
on the information provided, staff concluded that specific overriding economic, legal,
social, technological or other benefits of the project outrveigh the one (1) unavoidable
CITY COUNCIL RESOLUTION
GENERAL PLAN AMENDMENT
PAGE NO. 3
impact (air quality) that cannot be avoided and that with the recommended mitigations,
the proposed 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 Etsinore General Plan Land Use
Map hereof be amended for the second cycle in calendar year 2005 to reflect General Plan
Amendment No. 2004-02.
PASSED, APPROVED AND ADOPTED this 22"a day of March 2005, by the
following vote: .
AYES: COLTNCILMEMBERS: HICKMAN, K,ELLEY, MAGEE, SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
/ ~ ~
Robert Magee, M
City of Lake Elsi~
(SEAL)
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
22°d of March, 2005, and that it was so adopted by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
AB~'A'AiN: COUNCILMEMBERS:
~~~~~~
~~~CHI KASAD, ~MC, CITY CLERK/
tiLTIVIAN RESOUiZCES DIRECTOR
C~T'Y OF ]LAI{E ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NONE
BUCKLEY
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. 2005-36 of said Council, and that the same has not been amended or
repealed.
DA
14, 2005
Y~CHI ~{A5AD, ~N/IC, CITY CLERK/
~ITMAN RESOURCES DIRECTOR
CI'."`I OF 7t,AY~E ELSINORE
(SEeLL j