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HomeMy WebLinkAboutCC Reso No 2005-099RESOLUTION N0.2005-99 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 THIRD CYCLE OF CALENDAR YEAR 2005 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2005-OS AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS PARCEL NO(S) 2, 3 AND 4 ON EXHIBIT "A" OF LOT LINE ADJUSTMENT N0.2004-08. WHEREAS, City of Lake Elsinore has initiated proceedings to amend the General Plan Land Use Map by requesting an General Plan Amendment changing the designation of the parcels specifically described as Parcel No.(s) 2, 3 and 4 on Exhibit "A" of Lot Line Adjustment No 2004-08, from General Commercial to Medium High Density Residential; 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 with a failure to approve General Plan Amendment No. 2005-05; 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. 2005-05, 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. 2004-04 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which adequately analyzed the environmental impacts. SECTION 2. That in accordance with State Planning and Zoning law and the Lake Elsinore Municipal Code the following findings for the approval of General Plan Amendment No. 2005-OS have been made as follows: __ CITY COUNCIL RESOLUTION N0.2005-99 Page 2 of 3 GPA N0.2005-OS 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. Staff, concluded, that the proposed land use designation would assist in providing a healthier and safer land use to the surrounding uses in the area. 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 provide a necessary buffer between the Lake Chevrolet site to the west and to the existing School to the west. Additionally, the proposed land use will also provide additional land use buffer to the residential land uses surrounding the subject site. 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 land use more consistent with the land uses in the area especially considering the car dealership and the related impacts of that development. 4. The proposed General Plan Amendment will not have a significant effect on the environment. The proposed General Plan Amendment does not propose any significant changes other than those identified in the previously adopted Mitigated Negative Declaration for the Lake Chevrolet site and will therefore not have a significant effect on the environment. SECTION 3. 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 CITY COUNCIL RESOLUTION NO.2005-99 Page 3 of 3 GPA NO. 2005-OS Use Map hereof be amended for the third time in calendar year 2005 to reflect General Plan Amendment No. 2005-05. PASSED, APPROVED AND ADOPTED this 9th day of August 2005, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE _ ~ G Ro ert .Magee, P City of Lake Elsinc A Frederick Ray,~leputy City Clerk City of Lake Elsinore AS TO City Attorney City of Lake