HomeMy WebLinkAboutCC Reso No 2005-098RESOLUTION NO. 2005-98
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA
APPROVING GENERAL PLAN AMENDMENT NO.
2005-02 AMENDING THE LAND USE DESIGNATION
FOR THE THIRD CYCLE OF CALENDAR YEAR 2005
OF THE PARCEL IDENTIFIED AS ASSESSOR
PARCEL NUMBER 373-071-013 FROM GENERAL
COMMERCIAL (GC) TO MEDIUM HIGH DENSITY
(MHD) RESIDENTIAL
WHEREAS, Lumos Communities, LLC, has initiated proceedings to amend the
General Plan Land Use Map by requesting a General Plan Amendment changing the
designation of the parcel known as Assessor Parcel Number 373-071-013 from General
Commercial (GC) to Medium High Density (MHD); and
WHEREAS, Section 65361 (a) of the Government Code provides that no
mandatory element of a General Plan shall be amended more 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 July 5, 2005 made its report upon the desirability of the proposed project
and made its recommendations in favor of said General Plan Amendment No. 2005-02 by
adopting Planning Commission Resolution No. 2005-77 recommending to the City
Council approval of General Plan Amendment No. 2005-02; 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 August 9,
2005.
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 No. 2005-02, prior to making a decision to approve the proposed
amendment to the Land Use Designation. The City Council has adopted Resolution No.
2005-97 finding and determining that Mitigated Negative Declaration No. 2005-
03/Mitigation Monitoring and Reporting Program is adequate and prepared in accordance
with the requirements of the California Environmental Quality Act (CEQA) which
analyzes environmental effects of the proposed project.
CITY COUNCIL RESOLUTION NO. 2005-98
Page 2 of 3
SECTION 2. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore Municipal Code the following findings for the approval of General
Plan Amendment No. 2005-02 have been made as follows:
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 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 traj~c impacts
of the proposed density. Staff, concluded, based on the Traffic Impact Report
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
improvement required.
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 Amendment will allow the development of 18
dwelling units per net acre maximum.
3. The proposed General Plan Amendment will not have a significant effect on
the environment.
The proposed General Plan Amendment was included within the description of
the project's Initial Study. Based on the Initial Study, staff recommends that
City Council adopt a Mitigated Negative Declaration, which concluded with
mitigations that the project will not have a significant effect on the
environment.
SECTION 3. This Resolution shall take effect from ad after the .date of its
passage and adoption.
CITY COUNCIL RESOLUTION NO. 2005-98
Page 3 of 3
PASSED, APPROVED AND ADOPTED this 9`~' day of August, 2005, by the
following vote:
AYES: COUNCILMEMBERS
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
NONE
NONE
NONE
Robert E. Magee, ayor
City of Lake Elsinore
ATTEST:
>~
Frederick Ray, D 'ty Clerk
City of Lake Elsinore
APPROVED AS TO
Bibtbara Zeid~ibold, City Attorney
City of Lake lsinore