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Home My WebLink AboutCC Reso No 2000-08RESOLUTION NO. 2000-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAHING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST CYCLE OF THE CALENDAR YEAR OF 2000 TO INCLUDE CERTAIN PROPERTY DESCRIBED AS ASSESSOR'S PARCEL NUMBER(S) 363- 030-002, -003, -004, -005, -006, -007, -008, -009, -010, -Oll, -012, -013, AND -014) AND ASSIGNING A LOW MEDIUM DENSITY (LMD) LAND USE DESIGNATION. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOIZNIA, DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application has been filed with the City of Lake Elsinore by Lusk Elsinore, Inc. to amend the Land Use Element of the City's General Plan to include certain property described as APN 363-030-002, -003, -004, -005, -006, -007, -008, -009, -010, -Ol l, - 012, -013, AND -014 (approximately 64.52 acres) and assign a designation of Low Medium Density (LMD) Residential; and WHEREAS, Lusk Elsinore, Inc. has submitted additional applications for Annexation No. 69 and Sphere of Influence Amendment, Zone Change No. 98-3, and Tentative Tract Map No. 28751. The project consists of the ultimate development of a 64.52 acre site for construction of residential lots. The project is site located outside the eastern boundaries of the City of Lake Elsinore within the unincorporated boundaries of Riverside County. The site is bounded by the City Lake Elsinore to the south and west, adjacent to an area commonly lrnown as Tuscany Hills. The site is also bounded by the City of Canyon Lake to the north and east. 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 19, 2000 made its report upon the desirability of the proposed project and made its recommendations in favor of said General Plan Amendment by adopting Planning Commission Resolution No. 00-03 recommending to the City Council approval of General Plan Amendment No. 98-3; 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 February 8, 2000; SECTION 1. The City Council has considered the proposed General Plan Amendment No. 98-3, prior to approving such proposal. The City Council finds and determines that Environmental Impact Report No. 98-1 is adequate and prepared in accardance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of General Plan Amendment No. 98-3, based upon the following findings and determinations: 1. The City Council has reviewed and considered Final EIR 98-1 and finds that it is complete, contains all required information, and has been completed in compliance with CEQA; the Final EIR was presented to the Planning Commission and the Planning Commission reviewed and considered the information contained in the Final EIR prior to recommending to the City Council certification of the Final EIR; and the Final EIR reflects the Planning Commission's independent judgment and analysis. 2. In compliance with Section 15074 of the CEQA Guidelines, Final EIR 98-1 and the records of the proceedings upon which this decision is based are and will be on file with the City of Lake Elsinare, 130 South Main Street, Lake Elsinore, California 92530. CITY COUNCIL RESOLUTION NO. 2000-8 PAGE TWO 3. This City Council finds that Final EIR 98-1 has identified all significant environmental effects of Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751 and adopts findings set forth in Section 21081 of CEQA and Section 15091 of the State CEQA Guidelines with respect to each significant environmental effect identified in Final EIR 98-1, and each alternative considered in Final EIR 98-1, and the explanation of its reasoning with respect to each such finding set forth in the document entitled, Statement of Findings and Facts in Support. 4. This City Council finds that although Final EIR 98-1 identifies certain significant environmental effects that may occur if Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751, are approved, most significant effects that can feasibly be mitigated ar avoided have been reduced to an acceptable level by the imposition of project design features, standazd conditions or mitigation measures, all of which have been identified and set forth in Final EIR 98-1, and all of which are hereby specifically adopted by this Planning Commission to mitigate the environmental impacts of the proposed project, except those impacts related to traffic, air quality, and noise. 5. This City Council finds that the unavoidable significant environmental effects identified in Final EIR 98-1, related to traffic, air quality, and noise, that have not been reduced to levels of insignificance have been substantially lessened in their severity by the imposition of the mitigation measures, and are clearly outweighed by specific economic, legal, social, technological and other project benefits which offset these unavoidable impacts, and which are set forth in the Statement of Overriding Considerations, and adopts the Statement of Overriding Considerations, which support and justify approval of the Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98- 3, and Tentative Tract Map No. 28751 notwithstanding certain unavoidable significant environmental effects which cannot feasibly be substantially mitigated. 6. This City Council finds that the Mitigation Monitoring and Reporting Program establishes a mechanism and procedures for implementing and verifying the implementation of and compliance with the project design features, and mitigation measures pursuant to Public Resources Code Section 21081.6, and adopts the Mitigation Monitoring and Reporting Program. 7. This City Council finds that Final EIR 98-1 serves as adequate and appropriate environmental documentation for the Annexation 69 and Sphere of Influence Amendment, General Plan Amendment No. 98-3, Zone Change No. 98-3, and Tentative Tract Map No. 28751and hereby recommends that the City Council certify Final EIR 98-1 as complete and adequate, and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental analysis procedures. 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. 98-3 have been made as follows: 1. The approval of the requested designation permits development to the highest and best nature within mitigable means to insure maintenance of the general public health, safety, and welfare. 2. Granting of the requested designation will permit reasonable development of the property consistent with its constraints and be more compatible with adjacent properties and proposed development. 3. The proposed General Plan Amendment would establish a land use and density more in character with the subject property's location, access, and constraints. CITY COUNCIL RESOLUTION NO. 2000-5 PAGE THREE PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, that the City of Lake Elsinare General Plan Land Use Map hereof be amended far the first time in calendar year 2000 to reflect General Plan Amendment No. 98-3. PASSED, APPROVED AND ADOPTED this 8th day of February 2000, by the following vote: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ATTEST: Vicki Lynne Kasad, City Clerk APPROVED AS TO City of La1ce City Attorney (SEAL) STATE OF CALIFO1iNIA ) COUNTY OF RIVERSIDE ) SS: CTTY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFOIiNIA, 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 8"' day of February, 2000, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, PAPE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ~~ VICHI KASAD, CITY CLERK 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. 2000-8 of said Council, and that the same has not been amended or repealed. DATE: February 23, 2000 CKI KASAD, CIT CLERK CITY OF LAKE ELSINORE (SEAL)