11-196 (2) Resolution No. 11 — 196
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA, ADOPTING A GENERAL PLAN
AMENDMENT FOR THE TOWN CENTER SPECIFIC PLAN
AREA.
WHEREAS, pursuant to Government Code Section 65358, the City has considered
less than four proposed amendments to the City's General Plan in the year 2010; and
WHEREAS, in June 2009 the applicant, Stark Menifee Land, LLC, filed formal
applications with the City of Menifee (the "City") for Amendment No. 2 to the Pueblo Del
Sol Specific Plan No. 194 to establish the Town Center Specific Plan Project (the "Project"
or "project") and requesting the following amendment be made to the Land Use Element
of the Riverside County General Plan (the City's current General Plan) as set forth on
Exhibit "1" to provide for consistency with the proposed Menifee Town Center Specific
Plan; and
WHEREAS, the City Council has reviewed this matter and prepared a report
containing a detailed description and analysis of the proposed amendment to the General
Plan, (a copy of the report is on file with the City Clerk I and incorporated herein by this
reference as if set forth in full); and
WHEREAS, an Environmental Impact Report (SCH # 2009091022) relating to the
Menifee Town Center Specific Plan was prepared and was found to be complete and
adequate in scope and was considered by the City Council in its consideration of this
matter by Resolution No. 11 - 195; and
WHEREAS, the General Plan Amendment will promote the public health, safety,
and welfare by establishing goals, objectives, policies, and programs to guide
development and maintenance of an efficient and attractive built environment,
protection and management of natural environmental resources, and provision of
adequate infrastructure and services to meet the expected population demand; and
WHEREAS, the City Clerk has caused notice to be duly given of a public
hearing in this matter in accordance with law, as evidenced by the affidavit of
publication and the affidavit of mailing on file with the City Clerk; and
WHEREAS, a copy of the report and said Final EIR have been on file in the
Office of the City Clerk and available for examination during regular business hours by
any interested person, at all times since the date of giving notice in this matter; and
WHEREAS, on December 14, 2010, the Planning Commission held a duly
Noticed public hearing at which the Planning Commission considered the Final EIR and
proposed amendment to the Land Use Element of the Riverside County General Plan;
and those persons desiring to be heard on said matters were heard and evidence in
said matters received; and
WHEREAS, at its December 14, 2010 public hearing, the Planning Commission
adopted Resolution No. PC10-059, recommending to the City Council approval of a
resolution adopting a General Plan Amendment for the Specific Plan Area; and
WHEREAS, on January 4, 2011, the City Council held a duly noticed public
hearing at which the City Council considered the proposed General Plan Amendment;
and those persons desiring to be heard on said matters were heard and evidence in
said matters received.
NOW, THEREFORE, The City Council hereby resolves the following:
1. The Findings set out above are true and correct.
2. The General Plan Amendment set forth on Exhibit "1" is found to be
consistent with the goals and policies of the General Plan.
3. The applicable provisions of the California Environmental
Quality Act (CEQA) and the State CEQA Guidelines have been duly observed in
conjunction with said hearing in the consideration of this matter and all of the previous
proceedings relating thereto.
4. The City Council approves the General Plan Amendment set forth in
Exhibit "1" of this Resolution despite the existence of certain significant environmental
effects identified in said EIR, and hereby makes and adopts the findings with respect to
each thereof set forth in Resolution No. 11-195 and made a part hereby by reference,
pursuant to section 15091 of the State CEQA Guidelines (Title 14, California Code of
Regulations) and section 21081 of the Public Resources Code (CEQA) and declares
that it considered the evidence described in connection with each such finding. Pursuant
to Public Resources Code section 21081(b) and section 15093 of the State CEQA
Guidelines, the Planning Commission hereby recommends adoption of the "Statement
of Overriding Considerations" set forth in Exhibit "B" of Resolution No. 11- 195 and
made a part hereby by reference and finds that the impacts of the project which remain
significant and unavoidable are outweighed by the project's overriding benefits.
5. The Community Development Director, or his or her delegee, is hereby
directed and authorized to do both of the following:
a. cause a Notice of Determination to be filed as provided by CEQA and
the CEQA Guidelines, and
b. cause appropriate notations to be entered in all documents and maps
which embody the Riverside County General Plan and the elements thereof in
order to show such amendment.
PASSED, APPROVED AND ADOPTED this 18th day of January, 2011.
L,D
ATTEST: Wallace W. Edgarton, Mayor
Kathy Bennett, City Clerk
Approved as to form:
Thomas P. Clark Jr., Special Counsel
Exhibit "1": Amendment to the General Plan Land Use Element
Exhibit "1":
Amendment to the General Plan Land Use Element
The General Plan of the City of Menifee is hereby amended to include a new Land Use
Designation of "Mixed Use." This new Land Use Designation will be affixed to the
approximately 168 acre Town Center Specific Plan Site.
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