Loading...
HomeMy WebLinkAboutCC Reso No 2004-29RESOLUTION NO. 2004-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAHING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN CIRCULATION ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR 2004, AMENDING THE CIRCULATION ELEMENT ROADWAY CROSS- SECTION OF THE GENERAL PLAN BY ADDING A ROADWAY "SECTION" IDENTIFIED AS A "MODIFIED COLLECTOR" AND AMENDING THE CIRCULATION PLAN OF THE GENERAL PLAN BY CHANGING THE ROADWAY CLASSIFICATION OF DEXTER AVENUE TO A "MODIFIED" COLLECTOR 2-LANE AND TO ELIMI1~iATE THE PARKWAY ELEMENT OF THE SIX (6) LANE "URBAN ARTERIAL" ROADWAY CROSS- SECTION SHOWN FOR CENTRAL AVENUE (I3WY 74). WHEREAS, Don Howells, Diamond Development has initiated proceedings for General Plan Amendment No. 2004-01 amending the Circulation Element of the General Plan for the project proposed at APN 377-040-027; 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 May 25, 2004 made its report upon the desirability of the proposed project and made its recommendations in favor of said General Plan Amendment No. 2004-O1 by adopting Planning Commission Resolution No. 2004-69 recommending to the City Council approval of General Plan Amendment No. 2004-O1; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community pevelopment Department and other interested parties at a public hearing heid with respect to this item on May 25, 2004; NOW THEREFORE, the City Council of the City of Lake Elsinare DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed General Plan Amendment No. 2004-O1, prior to making a decision to approve the proposed amendment to the Circulation Element of the General Plan. The City Council finds and determines that the Final Environmental Impact Report No. 2004-03 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of ends City Council certification, based upon the following findings and determinations: RESOLUTION NO. 2004-29 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-O1 have been made as follows: L 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 amendment to the Circulation Element of the General 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 identif ed by staff relates to the traffic impacts of the proposed project and cumulative projects within the "Study Area" as described in the Traffic Study prepared by Darnell & Associates, Inc. Staff, concluded, based on the Traffic Study and the mitigations required that the Level of Service for the intersections in the Study Area will 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 azea consistent with its constraints and will make the azea more compatible with adjacent properties. The proposed amendment to the Circulation Element of the General Plan has adequately analyzed the potential impacts of the project proposed 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, along with mitigations will in turn bring about a site more compatible with the adjacent properties located in the City and the County of Riverside. 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 Circulation Element of the General 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 proximity of any necessary services needed by persons working and shopping within the projects parameters. 4. The proposed General Plan Amendment will not have a significant effect on the environment. The proposed amendment to the Circulation Element of the General Plan was included within the description of the project's Initial Study and subsequent Draft Environmental Impact Report (SCH No. 2004021018) and has been adequately prepared and analyzed. Based on the information provided, staff concluded that specific overriding economic, legal, social, technological or other benefits of the project outweigh the one (1) unavoidable impact (air quality) that cannot be avoided and that with the recommended RESOLUTION NO. 2004-29 PAGE NO. 3 mitigations, the proposed project will not have a signif cant effect on the environment. PURSUANT TO THE ABOVE FINDINGS, IT I5 RE50LVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinore Circulation Element of the General Plan hereof be amended for the Second time in calendar year 2004 to reflect General Plan Amendment No. 2004-O1. PASSED, APPROVED AND ADOPTED this 25th day of May 2004, by the following vote AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: A~EST: ~ Vicki Lynne K ad, City Clerk ~ AP~ OVED AS T -O ; ~ ~ ~~l ~ ~~ a ara Zeid L~bold, ity Attorney City of Lake Elsinore (SEAL) NONE NONE NONE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) 55: CITY OF LAKE ELSINORE ) I, VICKI 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 25~h of May, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER,BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE AB AIN: COUNCILMEMBERS: NONE < r ~ ~AD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) 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. 2004-29 of said Council, and that the same has not been amended or repealed. DA . June 2, 2004 Y~~ ~K~A , CMC, ITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)