HomeMy WebLinkAboutOrd. No. 2010-1277ORDINANCE NO. CC-2010-1277
ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING 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, Government Code Section 65453(a) states that a specific plan shall
be amended in the same manner as a general plan, except that a specific plan may be
adopted by resolution or by ordinance and may be amended as often as deemed
necessary by the legislative body; and
WHEREAS, it is the policy of Lake Elsinore that specific plans serve as zoning
mechanisms and specific plan amendments shall be approved by ordinance of the City
Council; and
WHEREAS, after considering this specific plan amendment at a regular meeting
held on June 1, 2010, the Planning Commission of the City of Lake Elsinore
recommended that the City Council approve East Lake Specific Plan Amendment No. 9;
and
WHEREAS, public notice of the Amendment 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
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.
ORDINANCE NO. CC-2010-1277
PAGE 2 of 4
SECTION 2. Pursuant to Section 21080 (c) (2) of the California Environmental
Quality Act (CEQA), the City Council determines 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 City Council
hereby makes the following findings for the approval of Amendment No. 9 to the East
Lake Specific Plan No. 93-3:
The proposed Specific 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 Specific Plan Amendment 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 Diamond 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 Specific 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 removal of properties from the boundaries of the ELSP 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 Specific Plan Amendment would establish a land use density,
intensity and usage more in character with the subject property's location,
access, and constraints.
ORDINANCE NO. CC-2010-1277
PAGE 3 of 4
The proposed Diamond Specific Plan that accompanies this Specific Plan
Amendment offers a vibrant, exciting, modem 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 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 Amendment No. 9 to the East Lake Specific Plan No. 93-3.
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
A
Interim City Clerk
APP OVED AS TO FOPXI~
a Leibold
ha r 4
City Attorney
ORDINANCE NO. CC-2010-1277
PAGE 4 of 4
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-2010-1277 was introduced at a regular meeting of
the City Council of the City of Lake Elsinore on the 22"d 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
Interim City Clerk