HomeMy WebLinkAboutOrd. No. 2011-1295ORDINANCE NO. 2011-1295
ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING
THE DOWNTOWN MASTER PLAN, KEY TO DOWNTOWN
IMPLEMENTATION PLAN, AND THE DOWNTOWN CODE.
WHEREAS, the Downtown Master Plan, Key to Downtown Implementation Plan
and the Downtown Code are a vision and strategic framework to guide the future
development of the City's downtown historic core; and
WHEREAS, the purpose of the Downtown Master Plan is to identify the goals,
objectives and desires of the community and offer approaches to implement them; and
WHEREAS, the Keys to Downtown Implementation Plan provides design
guidelines and standards for the public and private realms, as the first part of the
Downtown Master Plan implementation; and
WHEREAS, the Downtown Code establishes land use and development
regulations, and the second part of the Downtown Master Plan implementation; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council for
master plans; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing
on November 15, 2011, considered and evaluated all written reports and comments and
oral testimony presented by the Community Development Department and other City
departments, property owners, residents and other interested parties and such other
matters as are reflected in the record and unanimously recommended that the City
Council approve the Comprehensive Update to the General Plan, including the
Downtown Master Plan, Key to Downtown Implementation Plan, and the Downtown
Code; and
WHEREAS, notice of a public hearing to be conducted by the City Council on
December 13, 2011 to consider the General Plan Update including the Downtown
Master Plan, the Key to Downtown Implementation Plan, the Downtown Code, and
related Recirculated Draft Program Environmental Impact Report (RDP-EIR) was
published and mailed to persons and agencies in accordance with applicable laws; and
WHEREAS, on December 13, 2011, the City Council conducted the noticed
public hearing to consider the RDP-EIR and General Plan Update including the
Downtown Master Plan, Key to Downtown Implementation Plan and the Downtown
Code, and has considered and evaluated all written reports and comments and oral
testimony presented by the Community Development Department and other City
departments, property owners, residents and other interested parties and such other
matters as are reflected in the record.
CITY COUNCIL ORDINANCE NO. 2011-1295
PAGE 2OF4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES ORDAIN AS FOLLOWS:
SECTION 1. On December 13, 2011, after consideration and evaluation of all
written reports and comments and oral testimony presented by the Community
Development Department and other City departments, property owners, residents and
other interested parties, and such other matters as are reflected in the record of the
noticed public hearing on the RDP-EIR and proposed General Plan Update including
the Downtown Master Plan, Key to Downtown Implementation, and the Downtown
Code, the City Council adopted Resolution No. 2011-070 finding and determining that
the Recirculated Program Environmental Impact Report (SCH# 2005121019) is
adequate and prepared in accordance with the requirements of the California
Environmental Quality Act (CEQA); that a 45-day public review period ran from
September 7, 2011 to October 21, 2011; that responses to comments received during
the public review period were prepared and incorporated into the Final PEIR and that
the Final PEIR represents the City's independent judgment. Based upon those findings
and determinations, the City Council by Resolution No. 2011-070 certified the
Recirculated Program Environmental Impact Report.
SECTION 2. That in accordance with State Planning and Zoning Laws and the
City of Lake Elsinore Municipal Code, the City Council makes the following findings for
the approval of the Downtown Master Plan, the Key to Downtown Implementation Plan,
and the Downtown Code:
1. The proposed Downtown Master Plan, the Key to Downtown Implementation
Plan and Downtown Code, will not be: a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the City, or
b) injurious to the neighborhoods or properties within the City.
The proposed Downtown Master Plan, the Key to Downtown Implementation
Plan, and Downtown Code will promote the health, safety, comfort and general
welfare of the City, its residents, businesses and visitors through the goals,
policies and implementation programs geared to preserve historic assets within
the downtown while evolving a vision and character of a "City of its Time"
internally consistent with the General Plan Update. Potential detrimental effects
of the proposed Downtown Master Plan, Key to Downtown Implementation Plan,
and Downtown Code have been thoroughly analyzed in the Recirculated
Program EIR which concluded that implementation of the General Plan Update
including the Downtown Master Plan, Key to Downtown Implementation Plan,
and Downtown Code would result in significant and unavoidable project-level and
cumulative impacts related to Air Quality, Noise and Transportation and
Circulation. All other potentially significant environmental impacts will be
mitigated to below a level of significance. A Statement of Overriding
Considerations has been approved in accordance with Section 15093 of the
CEQA Guidelines, which "balances" the proposed project against the
unavoidable environmental effects.
CITY COUNCIL ORDINANCE NO. 2011-1295
PAGE 3 OF 4
2. The proposed the Downtown Master Plan, Key to Downtown Implementation
Plan and Downtown Code will permit reasonable and logical development of the
City consistent with its constraints.
The proposed Downtown Master Plan, Key to Downtown Implementation Plan
and Downtown Code are consistent with the Land Use Plan of the General Plan
Update and seek to implement the goals and policies of the Historic District of the
General Plan Update by providing flexibility and opportunity in the development
of mixed use, commercial and residential, uses in the City's historic downtown
core. The proposed Downtown Master Plan, Key to Downtown Implementation
Plan and Downtown Code together with the Land Use Plan of the General Plan
Update balance residential, industrial, commercial, open space and recreational
uses within the City's corporate boundaries, while anticipating land uses within its
Sphere of Influence Areas. In addition, the Recirculated Program Environmental
Impact Report analyzed three alternatives and it has been determined that the
proposed General Plan Update including the Downtown Master Plan, Key to
Downtown Implementation Plan, and Downtown Code is the environmentally
superior alternative.
3. The proposed Downtown Master Plan, Key to Downtown Implementation Plan
and Downtown Code would establish land use densities and usage more in
character with the City's location, access, and constraints.
The Downtown Master Plan, Key to Downtown Implementation Plan and
Downtown Code seek to preserve historic assets within the downtown while
evolving a vision and character of a "City of its Time." The General Plan Update
establishes neighborhoods or "Districts" (See District Plans section) which will
provide an integration and identification of cooperative land uses throughout the
City of Lake Elsinore. The Downtown Master Plan, Key to Downtown
Implementation Plan and Downtown Code implements the design guidelines and
are consistent with the "Historic District" which is a key component to the City's
comprehensive land use plan. Additionally, the Recirculated Program
Environmental Impact Report analyzed three alternatives and analyzed,
negotiated and provided a Circulation Plan which will provide safe and efficient
circulation throughout the City.
4. The proposed General Plan Update including the Downtown Master Plan, Key to
Downtown Implementation Plan and Downtown Code ("Project") will have some
significant effects on the environment and a Statement of Overriding
Considerations was approved therefor.
The Recirculated Program Environmental Impact Report which was prepared in
accordance with Section 15084 (Preparing the Draft EIR) of the State CEQA
Guidelines, provides the necessary environmental clearances and analyses for
the proposed project. It concluded that implementation of the General Plan
Update would result in significant and unavoidable project-level and cumulative
impacts related to Air Quality, Noise and Transportation and Circulation. A
CITY COUNCIL ORDINANCE NO. 2011-1295
PAGE 4 OF 4
Statement of Overriding Considerations has been approved in accordance with
Section 15093 of the CEQA Guidelines, which "balances" the proposed project
against these unavoidable environmental effects.
SECTION 3. Based upon all written reports and comments and oral testimony
presented by the Community Development Department and other City departments,
property owners, residents and other interested parties and such other matters as are
reflected in the record, the City Council of the City of Lake Elsinore hereby approves
the Downtown Master Plan, Key to Downtown Implementation Plan and Downtown
Code.
SECTION 4. If any provision, clause, sentence or paragraph of the 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 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.
INTRODUCED UPON FIRST READING this 13th day of December 2011.
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 10th
day of January, 2012.
e7-J :a-, "-Q
Brian Tisdale, Mayor
ATT ST: I pq n
Virginia to m, Clt~ Clerk
APP OVED AS FO
Ba ra Leibold, City Attorney
STATE OF CALIFORNIA ) }
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2011-1295 was introduced at the regular City Council
meeting of December 13, 2011 and adopted at the regular meeting of the 10th
day of January 2012, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Council Member Weber, Council Member Melendez, Council
Member Magee, Mayor Pro Tern Hickman and Mayor Tisdale
None
None
None
}
4