Loading...
HomeMy WebLinkAboutPC Reso No 2010-024RESOLUTION NO. PC-2010-24 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2009-01. WHEREAS, an application has been filed with the City of Lake Elsinore by JIC- CP Diamond Development (the "Developer") to amend the City's General Plan Land Use designations ("General Plan Amendment") for properties located at Assessors Parcel Nos. 373-210-014, -016, -019 thru -021, -023, -024, -026, and -027 from NC- Neighborhood Commercial to SP-Specific Plan; and for properties located at Assessor's Parcel Nos. 363-150-001 thru -005, and -034, -035, and 363-162-024, -025, -027, -030, -039, -041, and -044 from SP-Specific Plan to NC-Neighborhood Commercial ("the Properties"); and WHEREAS, the Properties are located south of Lakeshore Drive, east of the Inlet Channel, west of Mission Trail and north of Malaga Road (the "Site"); and WHEREAS, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four times during any calendar year; and WHEREAS, this General Plan Amendment is part of the City's First (1s') cycle amendments to the Lake Elsinore General Plan Land Use Map for the 2010 calendar year; and WHEREAS, public notice of the General Plan Amendment has been given and the Planning Commission of the City of Lake Elsinore has considered the evidence presented by the Community Development Department and other interested parties at a public hearing held on June 1, 2010 with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed the proposed General Plan Amendment pursuant to the California Planning and Zoning Laws (Cal. Gov. Code 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed General Plan Amendment is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. That in accordance with the California Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission hereby makes the following findings for the approval of General Plan Amendment No. 2009-01: PLANNING COMMISSION RESOLUTION NO. 2010-24 Page 2 of 4 1. 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. a. The proposed General Plan Amendment has been analyzed relative to its potential to have detrimental effects and conditions have been imposed to ensure that the health, safety and welfare of surrounding residents will be protected. b. The application to include the Specific Plan designation on the properties fronting Lakeshore Drive will ensure that the Diamond Specific Plan project will extend to Lakeshore Drive, affording it the opportunity to take access from two main roadways (Lakeshore and Diamond Drive), as well as the opportunity to enhance and modernize the existing Lake Elsinore Valley Center. C. The removal of properties from the boundaries of the East Lake Specific Plan (ELSP) along the east side of Diamond Drive will prevent these parcels from being an "island," separated from the rest of the ELSP. 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 SP designation will allow for the development of the Diamond Specific Plan, a master planned, mixed-use development that creates a unique sense of place and regional destination venue surrounding the existing Diamond Stadium. 3. The proposed General Plan Amendment would establish a land use density, intensity and usage more in character with the subject property's location, access, and constraints. The proposed Diamond Specific Plan that accompanies this General Plan Amendment offers a vibrant, exciting, modern approach to the development of the lands surrounding the Diamond Stadium. Such development has been languishing under the auspices of the ELSP, because the ELSP did not take advantage of the Stadium's draw as a recreational destination, coupling it with other uses that attract tourists, sports fans, and the local citizens. 4. The proposed General Plan Amendment increases the number of potential dwelling units that may be developed on the Site. PLANNING COMMISSION RESOLUTION NO. 2010-24 Page 3 of 4 The proposed Diamond Specific Plan that accompanies this General Plan Amendment proposes a mixed use designation over the entire 87 acres, which maximizes flexibility in meeting market demands, including up to 600 new dwelling units which will increase housing opportunities in the region. 5. The proposed General Plan Amendment will not have a significant effect on the environment. The effects of the General Plan Amendment has been analyzed in the Environmental Impact Report (SCH #20090331084) prepared for the Diamond Specific Plan and its related cases, and adequate mitigation measures have been prepared where necessary. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the Planning Commission hereby recommends approval of General Plan Amendment No. 2009-01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this first day of June 2010. Jim y Flores, Chairman My of Lake Elsinore ATTEST: ert A. Bra Manager PLANNING COMMISSION RESOLUTION NO. 2010-24 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC-2010-24 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 st day of June 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN FLORES, VICE-CHAIRMAN GONZALES, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE Robert A. Bra City Manager CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2009-01 LOCATED SOUTH OF LAKESHORE DRIVE. ALONG BOTH SIDES OF DIAMOND DRIVE, WEST OF MISSION TRAIL AND NORTH OF MALAGA ROAD PLANNING DIVISION 1. The developer shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of the specific plan and its related cases by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $2,792.25 to pay for the cost of such filing. This check shall be received prior to the public hearings. 3. The developer of the 10-Acre General Plan Area shall comply with the Mitigation Monitoring Program (MMP) adopted for the 10-Acre General Plan Area, as printed and adopted with Environmental Impact Report (SCH # 2009031084). 4. The developer of the 10-Acre General Plan Area shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. End of Conditions