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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. ¢ 'FAMILY,' RE3�DENifAL_�` PROJECT SITE •� �' z P BOUNDARY Liz PIEDRA SE 1 -oil l L �,,'� •�r+! rter,. I