HomeMy WebLinkAboutCC Reso No 2005-101RESOLUTION N0.2005-101
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 THIRD CYCLE OF THE CALENDAR YEAR 2005 FOR
THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-10
AMENDING THE LAND USE DESIGNATION (OF THE PARCEL
IDENTIFIED AS ASSESSOR PARCEL NUMBER 379-315-033)
FROM GENERAL COMMERCIAL (GC) TO MEDIUM HIGH
DENSITY RESIDENTIAL (MHD)
WHEREAS, Riverlake Villas Partners, LP, has initiated proceedings to amend the
General Plan Land Use Map by requesting a General Plan Amendment changing the
designation of the parcels known as Assessor Parcel Number 379-315-033 from General
Commercial (GC) to Medium High Density Residential (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. 2004-10 by
adopting Planning Commission Resolution No. 2005-80 recommending to the City
Council approval of General Plan Amendment No. 2004-10; 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 July 5,
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. 2004-10, prior to making a decision to recommend that the City Council
approve the proposed amendment to the Land Use Plan. The City Council finds and
determines that Mitigated Negative Declaration No. 2005-04 is adequate and prepared in
accordance with the requirements of the California Environmental Quality Act (CEQA).
CITY COUNCIL RESOLUTION N0.2005-101
Page 2 of 3
GENERAL PLAN AMENDMENT N0.2004-10
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. 2004-10 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 traffic
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 applicant to develop
the site with the proposed density of 10.3 dwelling units per acre.
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
signif cant 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 N0.2005-101
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GENERAL PLAN AMENDMENT N0.2004-10
Use Map hereof be amended in the third cycle of calendar year 2005 to reflect General
Plan Amendment No. 2004-10.
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
Robert E. Magee,
City of Lake Elsie
ATTE T:
rederick Ray puty City Clerk
City of Lake Elsinore
B~rfbara Zeid eibold, pity Attorney
City of Lake lsinore