Loading...
HomeMy WebLinkAboutOrd. No. 2010-1278ORDINANCE NO. CC- 2010 -1278 ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING DIAMOND SPECIFIC PLAN NO. 2009 -01. WHEREAS, an application has been filed with the City of Lake Elsinore by JIC- CP Diamond Development (the "Developer ") requesting approval of the Diamond Specific Plan No. 2009 -01 and its related cases ( "Project ") relating to 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 Summerly Homes (the "Site "); and WHEREAS, it is the policy of Lake Elsinore that specific plans serve as zoning mechanisms and shall be approved by ordinance of the City Council; and WHEREAS, this specific plan conforms to and is consistent with the proposed General Plan Amendment No. 2009 -01, proposed Zone Change No. 2009 -01, and proposed East Lake Specific Plan Amendment No. 9 that accompany it for the Properties; and WHEREAS, after considering this specific plan at a regular meeting held on June 1, 2010, the Planning Commission of the City of Lake Elsinore recommended that the City Council approve Diamond Specific Plan No. 2009 -01; and WHEREAS, public notice of the Project has been given and the City Council 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 22, 2010 with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed Diamond Specific Plan No. 2009 -01 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 Diamond Specific Plan No. 2009 -01 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 ORDINANCE NO. CC- 2010 -1278 Page 2 of 5 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 City Council hereby makes the following findings for the approval of the Diamond Specific Plan No. 2009 -01: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City, or in the process of being prepared and adopted. a. The Diamond Specific Plan implements the vision the City has for the area surrounding Diamond Stadium. The proposed Diamond Specific Plan offers a vibrant, exciting, modern approach, taking advantage of the Stadium's draw as a recreational destination, coupling it with other uses that attract tourists, sports fans, and the local citizens. b. The Diamond Specific Plan implements the design guidelines proposed for the Ballpark District of the City's General Plan Update. 2. The proposed location shall allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be the case. a. The proposed Diamond Specific Plan is a master planned, mixed -use development that creates a unique sense of place and regional destination venue surrounding the existing Diamond Stadium. It has been designed as a well integrated project that combines residential, commercial, recreational and educational uses. b. The Project proposes a trail system along the Inlet Channel that connects to the regional trail system, and provides an open space buffer to the west. Commercial and educational complexes will blend into existing commercial uses to the north and east. A proposed higher density residential neighborhood will buffer the single family residential tracts to the south. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. a. A Traffic Impact Analysis dated April 27, 2009, was prepared by Urban Crossroads for the Diamond Specific Plan and its related cases. The City requested specific intersections be examined, particularly where congestion may occur, and also traffic controls during special events at ORDINANCE NO. CC- 2010 -1278 Page 3 of 5 the Stadium. The TIA provided mitigation measures through all phases of development of the specific plan. 4. The final specific plan shall identify a methodology to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by City code, the City may require that suitable areas be reserved for schools, parks, and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. a. The development of the Diamond Specific Plan will take place in six phases, based on the Planning Areas identified in the Plan. As development is initiated in any Planning Area, infrastructure improvements will be constructed prior to or concurrent with incremental development in a manner to maximize the cost effectiveness and efficiency within the Planning Area. b. Open space and plaza uses will be developed concurrently with development of each Planning Area. C. An educational component is already proposed for the Diamond Specific Plan, within Planning Area 2 for the Commercial Core. 5. The overall design of the specific plan will produce an attractive, efficient and stable development. a. Design standards and guidelines have been incorporated into the specific plan to ensure an attractive, efficient and vibrant project. A plethora of visual graphics and photos accompany the design guidelines that capture the atmosphere and cohesiveness that the specific plan seeks to emulate. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of insignificance, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. a. The Project's Environmental Impact Report includes a discussion of impacts to air quality, both on a project and cumulative level, which would remain significant after mitigation. b. Implementation of the Project would also result in long -term increases in greenhouse gases (GHGs) as a result of traffic increases (mobile sources) and minor secondary fuel combustion emissions from space heating, etc. ORDINANCE NO. CC- 2010 -1278 Page 4 of 5 C. A Statement of Overriding Considerations that justifies the merits of Project implementation has been adopted for this Project. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the City Council hereby approves Diamond Specific Plan No. 2009 -01 by ordinance. SECTION 5. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 6. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Lake Elsinore this 13th day of July 2010. Melissa A. Melendez, Mayor City of Lake Elsinore ATTEST: J�"' wley, Interim City Oerk APPROVED AS TO FORM: T Bar ra Leibold, City Attorney ORDINANCE NO. CC- 2010 -1278 Page 5 of 5 STATE OF CALIFORNIA I COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. CC- 2010 -1278 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 22nd day of June, 2010 and duly adopted at a regular meeting held on the 13th day of July 2010, upon second reading, by the following vote: AYES: COUNCIL MEMBERS: MAGEE, HICKMAN, BUCKLEY, MAYOR PRO TEM BHUTTA AND MAYOR MELENDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE Carol Cowley Interim City Clerk