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
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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
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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.
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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
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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