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Home My WebLink AboutCC Reso No 2004-74RESOLUTION NO. 2004- ~4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAHING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE, MAP FOR THE THIRD CYCLE OF THE CALENDAR YEAR 2004 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 349-400-005, 349-430-O11 & 012 AND A PORTION OF 349-430-006 FROM THE COUNTY OF RIVERSIDE "FUTURE SPECIFIC PLAN" (FSP) AND LOW DENSITY TO THE CITY OF LAKE ELSINORE'S GENERAL PLAN DESIGNATION OF LOW-MEDIUM DENSITY SUBJECT TO THE COMPLETION OF ANNEXATION NO. 71. WHEREAS, an application, authorized by Jack and Betty Luster and Everada Merritt (Property owners) and filed by Dave Mello, Centex Home-Inland Empire initiating proceedings for General Plan Amendment No. 2004-09 amending the General Plan Land Use Map for certain properties described as APN(s) 349-400-005, 349-430-Oll & 012 and a portion of 349-430-006 (Approximately 15.75 net acres); 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 December 7, 2004 made its report upon the desirability of the proposed project and made its recommendations in favor of said General Plan Amendment No. 2004-09 by adopting Planning Commission Resolution No. 2004-159 recommending to the City Council approval of General Plan Amendment No. 2004-09; 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 December 14, 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. 2004-09, prior to making a decision to approve the proposed amendment to the General Plan Land Use Map. The City Council finds and determines that Mitigated Negative Declaration No. 2004-09 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of General Plan Amendment No. 2004-09, based upon the following findings and determinations: P:~Merritt Luster Annexation\CC Reso GPA.doc RESOLUTION NO. 2004- 74 GENERAL PLAN AMENDMENT NO. 2004-09 PAGE NO. 2 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions ofApproval and Mitigation MonitarirtgProgrcun. 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. 2004-09 have been made as follows: L The proposed Genera] 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, safery, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identifzed by staff relates to the traffic impacts of the proposed densiry. Staff, concluded, based on the Traffic Analysis, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project upon the completion of annexation. 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. upon annexation, with the proposed density of 3.80 Dwelling Units/net acre and will in turn bring about a site more compatible with the area known as the Ramsgate Specifzc Plan. 3. The proposed General Plan Arnendment 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, upon annexation, would establish a density more in conformance with the recently Ramsgate Specific Plan to the south and east of ' the subject site. P:~IVlerritt Luster Annexation\CC Reso GPA.doc RESOLUTION NO. 2004 74 GENERAL PLAN AMENDMENT NO. 2004-09 PAGE NO. 3 Additionally, the proposed project site would be in close proximity of any necessary services needed by persons residing in the proposed subdivision as indicated in the "Plan of Services ° report. 4. 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 intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project, upon annexation, 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 third cycle in calendar year 2004 to reflect General Plan Amendment No. 2004-09 PASSED, APPROVED AND ADOPTED this 14 day of December 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Vicki Lynne City of Lake (SEAL) COLJNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COiINCILMEMBERS: tvoNE COiJNCILMEMBERS: NoNE COUNCILMEMF City Attorney P:~Ivlerritt Luster Annexation\CC Reso GPA.doc 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 14h of December, 2004, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: AB5ENT: COUNCILMEMBERS: AB TAIN: COUNCILMEMBERS: ~ ~~ ~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) 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. 2004-74 of said Council, and that the same has not been amended or repealed. DA . December 22 2004 ~ ~~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)