HomeMy WebLinkAboutOrd. No. 2010-1276ORDINANCE NO. CC-2010-1276
ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING ZONE CHANGE NO. 2009-01.
WHEREAS, an application has been filed with the City of Lake Elsinore by JIC-
CP Diamond Development (the "Developer") to change the zoning of the City's Official
Zoning Map ("Zone Change") for properties located at Assessor's Parcel Nos. 373-210-
014, -016, -019 thru -021, -023, -024, -026, and -027 from NC-Neighborhood
Commercial to SP-Specific Plan; and 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, this Zone Change conforms to and is consistent with the proposed
General Plan Amendment No. 2009-01 for the Properties; and
WHEREAS, public notice of the Zone Change has been given, the Planning
Commission of the City of Lake Elsinore has made its recommendation for approval,
and the City Council has considered the evidence presented by the Community
Development Department and other interested parties at a public hearing held on June
22nd, 2010 with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed the proposed Zone
Change 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 Zone Change 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. That in accordance with the California Planning and Zoning Law
and the Lake Elsinore Municipal Code, the City Council hereby makes the following
findings for the approval of Zone Change No. 2009-01:
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
ORDINANCE NO. CC-2010-1276
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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.
SECTION 3. Based upon the evidence presented, both written and testimonial,
and the above findings, and the attached conditions of approval, the City Council hereby
approves Zone Change No. 2009-01.
SECTION 4. 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.
ORDINANCE NO. CC-2010-1276
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SECTION 5. 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 UPON SECOND READING this 13th
day of July 2010.
Melissa A. Melendez, Mayor
City of Lake Elsinore
A'
Carol Cowley'
Interim City Clerk
APPROVED AS TO FORM:
Bar ara Leibold
City Attorney
ORDINANCE NO. CC-2010-1276
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STATE OF CALIFORNIA
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-2010-1276 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