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Home My WebLink AboutPC Reso No 2010-026RESOLUTION NO. PC-2010-26 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF AMENDMENT NO. 9 TO THE EAST LAKE SPECIFIC PLAN NO. 93-3. WHEREAS, an application has been filed with the City of Lake Elsinore by JIC- CP Diamond Development (the "Developer") to remove from the East Lake Specific Plan No. 93-3 properties located at Assessor's Parcel Nos. 363-150-001 thru -005, - 012, and -034, -035; and 363-162-024, -025, -027, -030, -039, -041, and -044 and -037; 365-280-022; 371-030-035; 373-210-021, -030, -032, -037 thru -039, -041, thru -043, and -045; ("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, this specific plan amendment conforms to and is consistent with the proposed General Plan Amendment No. 2009-01, proposed Zone Change No. 2009-01, and proposed Diamond Specific Plan that accompany it for the Properties; and WHEREAS, public notice of the 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 Amendment No. 9 to the East Lake Specific Plan No. 93-3 pursuant to the California Planning and Zoning Laws (Cal. Gov. Code 65000 et seq.), the Lake Elsinore General Plan and proposed General Plan Amendment and the Lake Elsinore Municipal Code and finds and determines that the proposed Amendment No. 9 to the East Lake Specific Plan No. 93-3 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and proposed General Plan Amendment and the Lake Elsinore Municipal Code. SECTION 2. Pursuant to Section 21080 (c) (2) of the California Environmental Quality Act (CEQA), the Planning Commission recommends that Environmental Impact Report for the Diamond Specific Plan and its related cases (SCH#2009031084) is adequate and prepared in accordance with the requirements of CEQA which analyzes environmental effects of the Project. SECTION 3. That in accordance with the State Planning and Zoning Law and Chapter 17.99 Specific Plan District the Lake Elsinore Municipal Code, the Planning PLANNING COMMISSION RESOLUTION NO. 2010-26 PAGE 2 of 4 Commission hereby makes the following findings for the approval of Amendment No. 9 to the East Lake Specific Plan No. 93-3: 1. The proposed Zone Change 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 Zone Change has been analyzed relative to its potential to have detrimental effects. It has been determined that the health, safety and welfare of surrounding residents may be improved as a result of future improvements to infrastructure such as paving and drainage facilities brought to the Site as a requirement of any future development. The proposed Diamond Specific Plan offers a vibrant, exciting and modern mixed-use development within walking distance to nearby residents. The Specific Plan also offers, parks, open space, open plazas and a connecting hiking/biking trail to regional trails in the area. b. 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. Development standards of the NC Neighborhood Commercial zone will be more consistent with existing commercial uses to the north, south and east. 2. The proposed Zone Change 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 Zone Change 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 Zone Change 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. PLANNING COMMISSION RESOLUTION NO. 2010-26 PAGE 3 of 4 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 Zone Change 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. ZJ'my Flores, Chairman City of Lake Elsinore ATTEST: R ert A. ra y ity Manager PLANNING COMMISSION RESOLUTION NO. 2010-26 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-2010-26 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1st 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 Ja_ljz~ obert A. Brady City Manager CONDITIONS OF APPROVAL FOR EAST LAKE SPECIFIC PLAN AMENDMENT NO. 9 LOCATED SOUTH OF LAKESHORE DRIVE WEST OF MISSION TRAIL NORTH OF SPA 6 AND EAST OF THE INLET CHANNEL 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 this 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 shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed and adopted with the Environmental Impact Report (SCH # 2009031084). 4. The developer 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. 5. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 6. The applicant shall submit 15 final revised copies upon approval of the East Lake Specific Plan Amendment NO. 9 if necessary to complete the processing of this application. End of Conditions