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Home My WebLink AboutCC Reso No 2004-16RESOLUTION NO. 2004-16 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 FIRST CYCLE OF THE CALENDAR YEAR 2004 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003-03 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 363-240-002, 003, 004, 008, 009 AND 016 FROM VERY LOW DENSITY (VLD) RESIDENTIAL TO MEDIUM DENSITY (MD) RESIDENTIAL. WHEREAS, Daigle Homes, LLC has initiated proceedings to amend the General Plan Land Use Map by requesting an General Plan Amendment changing the designation of the parceis known as Assessor Pazcel Number(s) 363-240-002, 003, 004, 008, 009 and 016 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 more frequently than four times during any calendar year; WHEREAS, the Planning Commission of the CiTy of Lake Elsinore at a regular meeting held on January 20, 2004 made its report upon the desirability of the proposed project and made its recommendations in favor of said General Plan Amendment No. 2003-03 by adopting Planning Commission Resolution No. 2004-02 recommending to the City Council approval of General Plan Amendment No. 2003-03; 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 heazing held with respect to this item on March 9, 2004; 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. 2003-03, prior to making a decision to approve the proposed amendment to the Land Use Designation. The City Council finds and determines that Mitigated Negative Declaration No. 2004-O1 is adequate and prepared in accordance with the requirements of the California Environxnental Quality Act (CEQA) which analyzes environmental effects of ends City Council certification, based upon the following findings and determinations: 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. 2003-03 have been made as follows: RESOLUTION NO. 2004-16 PAGE NO. 2 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, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project. 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 11.25 Dwelling Units/net acre and will in turn bring about a site more compatible with the first phase of the Condominium Project, designated "Multi- family Residential ". 3. The proposed General Plan Amendment would establish a land use density and usage more in chazacter 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 84-unit condominium project to the north 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 will 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 2004 to reflect General Plan Amendment No. 2003-03. RESOLUTION NO. 2004-16 PAGE NO. 3 23rd PASSED, APPROVED AND ADOPTED thisX9lt~(day of March 2004, by the following vote: AYES: COLJNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COLINCILMEMBERS: NONE A TEST: ~~ ~~ Vicki Lynne asad, City Clerk ~,a'rbara Zeid~eibold, City Attorney City of Lake lsinore STATE OF CALIFORNIA ) ' ', COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CTTY 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 23`d of March, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB TAIN: COUNCILMEMBERS: ` ~ VIC7{I KASAD, CMC, ITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) HICKMAN, KELLEY, MAGEE, SCffiFFNER, BUCKLEY NONE NONE 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. 2004-16 of said Council, and that the same has not been amended or repealed. DA E: April 14, 2004 ~-c~- ~~~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)