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Home My WebLink AboutCC Reso No 2004-31RESOLUTION NO. 2004-31 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 SECOND CYCLE OF THE CALENDAR YEAR 2004 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-03 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 363- 540-010, Oll, 012 AND 013 FROM LOW MEDIiJM DENSITY (LMD) RESIDENTIAL TO GENERAL COMMERCIAL (GC). WHEREAS, Robert Gregory has initiated proceedings to amend the General Plan Land Use Map by requesting an General Plan Amendment changing the designation of the parcels known as Assessor Parcel Number(s) 363-540-010, 011, 012 and 013 from Low Medium Density (LMD) Residential to General Commercial (GC); and WfIEREAS, 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 4, 2004 made its report upon the desirability of the proposed project and made its recommendations in favor of said General Plan Amendment No. 2004-03 by adopting Planning Commission Resolution No. 2004-59 recommending to the City Council approval of General Plan Amendment No. 2004-03; 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 hearing held with respect to this item on May 4, 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. 2004-03, prior to maldng a decision to approve the proposed amendment to the Land Use Designation. The City Council fmds and determines that Mitigated Negative Declaration No. 2004-04 is adequate and prepared in accardance 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: SECTION 2. That in accordance with State Plam~ing and Zoning law and the City of Lake Elsinore the following findings for the approval of General Plan Amendment No. 2004-03 have been made as follows: RESOLUTION NO. 2004- 31 PAGE NO. 2 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 General Plan Amendment has been analyzed relative to its potentialiry 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 issues identified by staff relate to the reduction of housing stock and tra~c impacts of the proposed project. Staff, concluded that there would be a minimal reduction in the total housing stock of the Low Medium Density areas. Further, based on the Traffic Study Report, it was concluded 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 AmendmenY 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 a maximum floor area ratio of 40 percent and will in turn bring about a site compatible with the front portion of the site, designated as "General Commercial ". 3. The proposed General Plan Amendment would establish a land use designation and usage more in character with the subject property's location, access, and constraints. The proposed General Plan Amendment would establish a designation more in conformance with the General Commercial designation of the front portion of the subject site. Additionally, the proposed project site would be in close proximity to existing automobile dealerships in the immediate area, thus creating a corridor conducive to automobile uses and services. 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 F'INDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, Cali£ornia, that the City of Lake Elsinore General Plan Land Use Map hereof be amended for the second time in calendar yeaz 2004 to reflect General Plan Amendment No. 2004-03. RESOLUTION NO. 2004- 31 PAGE NO. 2 PASSED, APPROVED AND ADOPTED this 25th day of May 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE NONE NONE TTEST: i_(~ - Vicki Lynne IPlasad, City Clerk AP OVED AS TO FO r ~ ara Zeid ei ld, City Attomey City of Lake E' ore (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI 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: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ILMEMBERS: CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) HICKMAN, KELLEY, MAGEE, SCHIFFNER,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. 2004-31 of said Council, and that the same has not been amended or repealed. DAT,E: June 2, 2004 VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)