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HomeMy WebLinkAboutItem No. 4CITY OF LADE LSII` ORE 1% ` DREAM EXTIZENtE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY CITY MANAGER DATE: JUNE 1, 2010 SUBJECT: GENERAL PLAN AMENDMENT NO. 2009-01 ZONE CHANGE NO. 2009-01, EAST LAKE SPECIFIC PLAN AMENDMENT NO. 9, DIAMOND SPECIFIC PLAN NO. 2009 -01, AND ENVIRONMENTAL IMPACT REPORT (SCH# 2009031084) APPLICANT JIC -CP DIAMOND DEVELOPMENT, LLC, 7777 CENTER AVENUE, & OWNER: SUITE 300, HUNTINGTON BEACH, CA 92647, ATTN: JEFF POMEROY Project Request General Plan Amendment No. 2009 -01: The applicant requests approval to amend the General Plan designation for property located south of Lakeshore Drive, west of Diamond Drive, north of Pete Lehr Drive and east of the Inlet Channel, and known as Assessor's Parcel Nos. 373 -210 -014, -016, -019 through -021, -023, -024, -026 and -027, from NC Neighborhood Commercial to SP Specific Plan, in order to be incorporated into the proposed Diamond Specific Plan. The applicant requests approval to amend the General Plan designation for properties located south of Lakeshore Drive, west of Mission Trail, on both sides of Diamond Drive, and north of Campbell Street, and known as Assessor's Parcel Nos. 363 -150 -001 through -005, and -034, -035, and 363- 162 -024, -025, -027, -030, -039, -041, and -044, from SP Specific Plan to NC Neighborhood Commercial, in order to remove the resulting "island" from the East Lake Specific Plan. PC June 1, 2010 Item No. 4 Page 1 of 40 Diamond SP & Related Cases June 1, 2010 Page 2 of 7 2. Zone Change No. 2009 -01 The applicant requests approval to change the zone of certain property located south of Lakeshore Drive, west of Diamond Drive, north of Pete Lehr Drive and east of the Inlet Channel, and known as Assessor's Parcel Nos. 373 - 210 -014, -016, -019 through -021, -023, -024, -026 and -027, from C1 Neighborhood Commercial to SP Specific Plan, in order to be incorporated into the proposed Diamond Specific Plan. The applicant requests approval to change the zone of certain properties located south of Lakeshore Drive, west of Mission Trail, on both sides of Diamond Drive, and north of Campbell Street, and known as Assessor's Parcel Nos. 363- 150 -001 through -005, and -034, -035, and 363- 162 -024, - 025, -027, -030, -039, -041, and -044, from SP Specific Plan to C1 Neighborhood Commercial, in order to remove the resulting "island" from the East Lake Specific Plan, and to allow development of said properties in accordance with Chapter 17.120 of the Lake Elsinore Municipal Code. 3. East Lake Specific Plan Amendment No. 9 The applicant requests approval of Amendment No. 9 to the East Lake Specific Plan No. 93 -3 (ELSP) removing properties from the ELSP located south of Lakeshore Drive, west of Mission Trail, north of the Summerly Homes project and east of the Inlet Channel, and known as Assessor Parcel Nos. 363- 150 -006; 363- 161 -012, -029 thru -035 and -037; 365- 280 -022; 371- 030 -035; 373 -210 -030, and -037 thru -043, in order to incorporate said properties into the Diamond Specific Plan. The applicant requests approval of Amendment No. 9 to the East Lake Specific Plan No. 93 -3 (ELSP) removing properties from the ELSP located south of Lakeshore Drive, west of Mission Trail, on both sides of Diamond Drive, and north of Campbell Street, and known as Assessor's Parcel Nos. 363- 150 -001 through -005, and -034, -035, and 363- 162 -024, -025, -027, - 030, -039, -041, and -044, in order to remove the resulting "island" from the East Lake Specific Plan, and to allow development of said properties in accordance with Chapter 17.120 of the Lake Elsinore Municipal Code. 4. Diamond Specific Plan The applicant requests approval of Diamond Specific Plan No. 2009 -01, for properties located south of Lakeshore Drive, west of Mission Trail, north of the Summerly Homes project and east of the Inlet Channel, and known as Assessor Parcel Nos. 363- 150 -006; 363- 161 -012, -029 thru -035 and -037; 365-280-022; 371-030-035; 373-210-014, -016, -019 thru -021, -023, -024, PC June 1, 2010 Item No. 4 Page 2 of 40 Diamond SP & Related Cases June 1, 2010 Page 3 of 7 -026, -027, -030, and -037 thru -043, in order to develop a master planned, mixed -use, regional destination venue surrounding the existing Diamond Stadium. 5. Environmental Impact Report (SCH #2009031084) The applicant requests certification of the Environmental Impact Report prepared for the Diamond Specific Plan and its related cases, adoption of the Mitigation Monitoring and Reporting Program thereto, and adoption of the Findings and Statement of Overriding Considerations that are recommended by the EIR. Environmental Setting Background In anticipation of the pending General Plan Update and the Ballpark District envisioned around the Diamond Stadium, the applicant prepared a unique and vibrant mixed -use development that includes commercial, residential, educational, and entertainment uses on approximately 87 acres in the Back Basin area of the City. Because the General Plan Update has encountered numerous delays, the applicant opted to go forward before its adoption. Applications for General Plan Amendment No. 2009 -01 and Zone Change No. 2009 -01 were added to the applicant's project, and revisions were made to the Environmental Impact Report to incorporate these actions and their impacts. PC June 1, 2010 Item No. 4 Page 3 of 40 EXISTING LAND USE ZONING GENERAL PLAN Project Generally vacant, C -1 Neighborhood NC Neighborhood Site Diamond Stadium, & Lake Commercial Commercial Elsinore Valley Center North Commercial fast -food, C -2 General General Commercial retail Commercial South Vacant Summerly Homes East Lake Specific under construction Specific Plan (East Plan Lake East Commercial retail C -1 & C -2, General Commercial Neighborhood & General Commercial West Inlet Channel Specific Plan (East Floodway Lake Background In anticipation of the pending General Plan Update and the Ballpark District envisioned around the Diamond Stadium, the applicant prepared a unique and vibrant mixed -use development that includes commercial, residential, educational, and entertainment uses on approximately 87 acres in the Back Basin area of the City. Because the General Plan Update has encountered numerous delays, the applicant opted to go forward before its adoption. Applications for General Plan Amendment No. 2009 -01 and Zone Change No. 2009 -01 were added to the applicant's project, and revisions were made to the Environmental Impact Report to incorporate these actions and their impacts. PC June 1, 2010 Item No. 4 Page 3 of 40 Diamond SP & Related Cases June 1, 2010 Page 4 of 7 Project Description Plan Flexibility The Diamond SP Land Use Plan proposes a mixed use designation over the entire 87 acres, which maximizes flexibility in meeting market demands. Table 1 -2 on Page 1 -11 of the Diamond SP document specifies that the SP has a maximum 897,000 square feet of retail /restaurant/entertainment/ofrice /education center use, a maximum 600 dwelling units, and a minimum of 296,000 square feet of open space. A proposed hotel use is capped at 150 rooms, however, it may increase to 300 rooms as long as the 897,000 square feet of retail is reduced to 797,000 square feet. Density and Intensity of Use The existing General Plan allows up to 24 dwelling units per acre in the Mixed Use designation. The General Plan Update is proposing residential densities between 7 and 18 dwelling units per acre for the Commercial Mixed Use designation, and an FAR for non - residential uses of 0.80:1. The Diamond SP is consistent with both general plans, at 18 dwelling units per acre and an FAR of 80. Access Figure 3 -5 on Page 3 -18 provides a conceptual layout of the uses noted above. The applicant is required to construct, in accordance with this layout's approximate alignment and location, Diamond Circle as the main spine of the plan, as well as two entries from an Arterial or Major roadway, one along Lakeshore Drive and the other from Diamond Drive. Trail System The integration of a trail system along the Inlet Channel has been included in the Plan, and connects to the regional trail system at both the north and south ends of the project site. The trail was designed to buffer the mitigation and preservation areas adjacent to the Channel from the commercial activities at the retail center. The trail meets up with a central plaza where Diamond Circle nears the Lake, before meandering southward. Design Elements, Guidelines and Standards The applicant's consultant who prepared the Specific Plan was diligent in providing an abundance of sketches and photographs to visualize the scale and capture the atmosphere, integration, and vibrancy expected in the development of the Plan. Special attention was given to plazas, promenades, non - vehicular trails, circulation and connectivity. PC June 1, 2010 Item No. 4 Page 4 of 40 Diamond SP & Related Cases June 1, 2010 Page 5 of 7 Chapter 5 Design Guidelines specify imagery, styling, concepts, and plant palettes, in order to ensure cohesion and quality within the Plan. Recent advancements in energy conservation, traffic calming, water efficiency, stormwater management, green features and sustainability are also included. Further, the Diamond SP as designed would achieve the recommendations by the Western Riverside Smart Growth Opportunity Area Map, which identifies the Ballpark District as a "Town Center." Ballpark Gateway Sign The proposed General Plan Update suggests that a gateway sign be erected over Diamond Drive at the entrance to the Ballpark District. City Staff began feasibility studies and preliminary designs considerations, The Diamond SP development will contribute its fair share towards this project. Implementation Processes Given the amount of detail within the Plan's Design Guidelines, Chapter 6 - Implementation states that design review applications shall comply with these Guidelines, and approval administered by the Director of Community Development. Public Hearings are required for maps, conditional use permits, and amendments to the specific plan that are not minor in nature. Environmental Determination A Draft Environmental Impact Report ( "EIR ") was prepared for the Diamond Specific Plan and its related cases ( "Project "). The City issues a Notice of Preparation (NOP) of a Draft EIR for a period of 30 days beginning on March 23, 2009. The City held a Scoping Meeting for responsible agencies and trustee agencies and others on April 23, 2009. Finally, the City circulated the Draft EIR for a period of 45 days beginning on February 22, 2010 and ending on April 7, 2010. Environmental impacts identified in the Final EIR as potentially significant but which the City finds cannot be fully mitigated to a level of less than significant despite the imposition of all feasible mitigation measures are described as follows: 1. Air Quality. Implementation of the Project would result in both project- and cumulative -level operational emissions that exceed SCAQMD thresholds. 2. Air Quality. Implementation of the Project would contribute to 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. Development occurring as a result of the Project would also result in secondary operational increases in GHG emissions as a result of electricity generation to meet project - related increases in energy demand. Short-term GHG emissions will also derive from construction activities. In PC June 1, 2010 Item No. 4 Page 5 of 40 Diamond SP & Related Cases June 1, 2010 Page 6 of 7 summary, the Project's GHG contribution to global climate change would be cumulatively significant. CEQA requires a public agency to balance the benefits of the proposed Project against its unavoidable environmental risks in determining whether to approve the Project. Having reduced the adverse significant environmental effects of the proposed Project to the extent feasible by adopting the mitigation measures; having considered the entire administrative record on the Project; and having weighed the benefits of the Project against its unavoidable adverse impacts after mitigation, the Planning Commission shall determine and recommend to the City Council that the following social, economic, and environmental benefits of the Project outweigh the potential unavoidable adverse impacts and render those potential adverse environmental impacts acceptable based upon the following overriding considerations: Social • The project will create a vibrant mixed use development consistent with the City's development goals for the Ballpark District • The project will provide housing for the City of Lake Elsinore and Inland Empire's growing population. The Diamond Specific Plan offers 600 additional dwelling units above that previously allowed in the East Lake Specific Plan for this area. • The project will provide a variety of housing opportunities, ranging in size and affordability to meet the housing needs of the region and are compatible with the entertainment and activity function of the project area. • The project will provide a variety of public places, including a public space with a direct relationship to the lake, pedestrian friendly facilities, passive areas, and linkages to surrounding citywide trails and open space. • The project will expand the City's shopping entertainment and hospitality opportunities for residents and visitors. Economic • Construction of the proposed project will generate its fair share of property tax revenues to the City of Lake Elsinore annually. • The project will provide commercial and retail activities to generate sales tax. • Construction of the project will also generate transient occupancy tax revenues to the City. • The Project will be built out over several phases, providing steady construction jobs over the construction period. PC June 1, 2010 Item No. 4 Page 6 of 40 Diamond SP & Related Cases June 1, 2010 Page 7 of 7 Recommendation Staff recommends that the Planning Commission recommend approval to the City Council of the following: 1. Adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan. 2. Certification of Environmental Impact Report for the Diamond Specific Plan and its related cases (SCH #2009021084), and adoption of Findings of Fact and Statement of Overriding Considerations. 3. Approval of General Plan Amendment No. 2009 -01. 4. Adoption of Zone Change No. 2009 -01. 5. Adoption of Amendment No. 9 to the East Lake Specific Plan No. 93 -3 6. Adoption of Diamond Specific Plan No. 2009 -01 Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Robert A. Brady City Manager Attachments: 1. Exhibit'A' — Vicinity Map 2. Resolution No. PC- 2010 -_ recommending adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan. 3. Resolution No. PC- 2010 -_ recommending certification of the Final Environmental Impact Report for the Diamond Specific Plan at its related cases (SCH# 2009031084), adoption of the Mitigation Monitoring and Reporting Program thereto, and adoption of Findings of Fact and Statement of Overriding Considerations a. May 2010 Final Environmental Impact Report with Mitigation Monitoring & Reporting Program (separate cover) b. Findings of Fact and Statement of Overriding Considerations (separate cover) 4. Resolution No. PC- 2010 -_ recommending approval of General Plan Amendment No. 2009- 01 a. Conditions of Approval b. Exhibit 'B' — General Plan Amendment No. 2009 -01 5. Resolution No. PC-201 0- recommending approval of Zone Change No. 2010 -01 a. Exhibit 'C'— Zone Change No. 2009-01 6. Resolution No. PC-201 0- recommending approval of East Lake Specific Plan Amendment No. 9 a. Conditions of Approval b. Exhibit 'D' — East Lake SPA 9 (separate cover) 7. Resolution No. PC- 2010 - recommending approval of Diamond Specific Plan No. 2009 -01 a. Conditions of Approval b. Exhibit 'E' — Diamond Specific Plan No. 2009 -01 (separate cover) c. Exhibit 'F' — Revised Conceptual Grading Plan d. Exhibit'G1' and 'G2'— Conceptual Trails Plan 8. Draft Acknowledgement of Conditions 9. Draft Notice of Determination PC June 1, 2010 Item No. 4 Page 7 of 40 VICINITY MAP GENERAL PLAN AMENDMENT 2009 -01 ZONE CHANGE 2009 -01 EAST LAKE SPECIFIC PLAN AMENDMENT No. 9, DIAMOND SPECIFIC PLAN No. 2009 -01 AND EIR �a �H F -L--' � FT .1 PROJEC' PLANNING COMMISSION 1 JUNE 2010 ( PC June 1, 2010 Item No. 4 Page 8 of 40 RESOLUTION NO. PC -2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFICATION OF THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH #2009031084) FOR THE DIAMOND SPECIFIC PLAN AND RELATED CASES. WHEREAS, applications have been filed with the City of Lake Elsinore by JIC- CP Diamond Development (the "Developer") for General Plan Amendment No. 2009 -01, Zone Change No. 2009 -01, East Lake Specific Plan Amendment No. 9 and Diamond Specific Plan No. 2009 -01 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 the Summerly Homes project (the "Site "); and WHEREAS, these applications together comprise the "project' as defined by Section 21065 of the California Environmental Quality Act (CEQA), Cal. Public Resources Code § 21000 et seq. A project is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Environmental Impact Report for the project has been prepared to evaluate environmental impacts resulting with the project; and WHEREAS, Section 21081.6 of CEQA requires that where an EIR has been prepared for a project for which mitigation measures are adopted, that a mitigation monitoring or reporting program be adopted for said project, and pursuant to Section 21081.6 of CEQA, the City has prepared and updated a Mitigation Monitoring and Reporting Program; 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 certifying Environmental Impact Reports; and WHEREAS, public notice of said applications has been given, and the Planning Commission has considered evidence presented by the Community Development PC June 1, 2010 Item No. 4 Page 9 of 40 PLANNING COMMISSION RESOLUTION NO. PC- 2010-_ PAGE 2 of 5 Department and other interested parties at public hearings held with respect to this item on June 1, 2010; and WHEREAS, in accordance with Section 15164 of the State CEQA Guidelines, preparation of the Final Supplemental Environmental Impact Report for the project was selected as the most appropriate document for compliance with CEQA, utilizing criteria set forth therein. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: FINDINGS OF FACT AND OVERRIDING CONSIDERATION The Planning Commission has reviewed and considered the Final EIR for the Diamond Specific Plan and related cases and finds that it is complete, adequate in its evaluation of all environmental effects of the proposal, contains all required information, and has been completed in compliance with CEQA and the City's CEQA requirements. 2. The Diamond Specific Plan and its related cases will result in significant unavoidable air quality impacts regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. The Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 3. The EIR, which was prepared in accordance with Section 15163 of the State CEQA Guidelines, includes the Draft SEIR, Response to Comments document, Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations. 4. The EIR identified several significant environmental effects resulting from implementation of the. project. Some of these significant effects can be fully avoided /mitigated through the adoption of feasible mitigation measures. To the extent that these findings conclude that various proposed mitigation measures outlined in the Final EIR are feasible and have not been modified, superseded, or withdrawn, the City hereby binds itself to implement these measures. These findings are not merely informational, but rather constitute a binding set of obligations that will come into effect when the City Council formally approves the project. 5. The mitigation measures and /or the standard design features and construction measures are referenced in the Conditions of Approval and Mitigation Monitoring and Reporting Program adopted concurrently with these Findings, and will be implemented through the final design, construction and post- construction periods. PC June 1, 2010 Item No. 4 Page 10 of 40 PLANNING COMMISSION RESOLUTION NO. PC- 2010-_ PAGE 3 of 5 6. Two environmental effects cannot be reduced to less than significant levels by the adoption of feasible mitigation measures or feasible environmentally superior alternatives: 1) Implementation of the Project would result in both project -and cumulative -level operational emissions that exceed SCAQMD thresholds. 2) Implementation of the Project would contribute to 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. Development occurring as a result of the Project would also result in secondary operational increases in GHG emissions as a result of electricity generation to meet project - related increases in energy demand. Short-term GHG emissions will also derive from construction activities. In summary, the Project's GHG contribution to global climate change would be cumulatively significant. 7. In balancing the benefits of the proposed Project against its unavoidable environmental risks, the Planning Commission reviewed the following overriding considerations: Social • The project will create a vibrant mixed use development consistent with the City's development goals for the Ballpark District • The project will provide housing for the City of Lake Elsinore and Inland Empire's growing population. The Diamond Specific Plan offers 600 additional dwelling units above that previously allowed in the East Lake Specific Plan for this area. • The project will provide a variety of housing opportunities, ranging in size and affordability to meet the housing needs of the region and are compatible with the entertainment and activity function of the project area. • The project will provide a variety of public places, including a public space with a direct relationship to the lake, pedestrian friendly facilities, passive areas, and linkages to surrounding citywide trails and open space. • The project will expand the City's shopping entertainment and hospitality opportunities for residents and visitors. Economic • Construction of the proposed project will generate its fair share of property tax revenues to the City of Lake Elsinore annually. • The project will provide commercial and retail activities to generate sales tax. • Construction of the project will also generate transient occupancy tax revenues to the City. • The Project will be built out over several phases, providing steady construction jobs over the construction period. PC June 1, 2010 Item No. 4 Page 11 of 40 PLANNING COMMISSION RESOLUTION NO. PC- 2010 - PAGE 4 of 5 The Planning Commission considered the information contained in the FEIR prior to recommending to the City Council certification of the FEIR; and the FEIR reflects the Planning Commission's independent judgment and analysis. In recommending approval, the Planning Commission has weighed the benefits of the project against the significant adverse impacts identified in the FEIR that have not been avoided or lessened through mitigation to a level of less than significant. The Planning Commission hereby determines that benefits of the project outweigh the unmitigated adverse impacts and that the project should be approved. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 1 st day of June 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 12 of 40 PLANNING COMMISSION RESOLUTION NO. PC -2010- PAGE 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2010 -_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 51 day of June 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 13 of 40 RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT NO. 2009 -01. WHEREAS, an application has been filed with the City of Lake Elsinore by JIC- CP Diamond Development (the "Developer") to amend the City's General Plan Land Use designations ( "General Plan Amendment ") 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 for properties located at 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, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four times during any calendar year; and WHEREAS, this General Plan Amendment is part of the City's First (1 cycle amendments to the Lake Elsinore General Plan Land Use Map for the 2010 calendar year; and WHEREAS, public notice of the General Plan Amendment has been given and the Planning Commission 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 1, 2010 with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed the proposed General Plan Amendment pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed General Plan Amendment is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan 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 Planning Commission hereby makes the following findings for the approval of General Plan Amendment No. 2009 -01: PC June 1, 2010 Item No. 4 Page 14 of 40 PLANNING COMMISSION RESOLUTION NO. 2010- Page 2 of 4 1. The proposed General 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 General Plan Amendment has been analyzed relative to its potential to have detrimental effects and conditions have been imposed to ensure that the health, safety and welfare of surrounding residents will be protected. b. The application to include the Specific Plan designation on the properties fronting Lakeshore Drive. will ensure that the Diamond Specific Plan project will extend to Lakeshore Drive, affording it the opportunity to take access from two main roadways (Lakeshore and Diamond Drive), as well as the opportunity to enhance and modernize the existing Lake Elsinore Valley Center. C. 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. 2. The proposed General 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 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 General Plan Amendment 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 General 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. 4. The proposed General Plan Amendment increases the number of potential dwelling units that may be developed on the Site. PC June 1, 2010 Item No. 4 Page 15 of 40 PLANNING COMMISSION RESOLUTION NO. 2010 - Page 3 of 4 The proposed Diamond Specific Plan that accompanies this General Plan Amendment proposes a mixed use designation over the entire 87 acres, which maximizes flexibility in meeting market demands, including up to 600 new dwelling units which will increase housing opportunities in the region. 5. The proposed General Plan Amendment will not have a significant effect on the environment. The effects of the General Plan Amendment has been analyzed in the Environmental Impact Report (SCH #20090331084) prepared for the Diamond Specific Plan and its related cases, and adequate mitigation measures have been prepared where necessary. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the Planning Commission hereby recommends approval of General Plan Amendment No. 2009 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this first day of June 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 16 of 40 PLANNING COMMISSION RESOLUTION NO. 2010- Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2010 -- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 st day of June 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 17 of 40 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2009 -01 MALAGA ROAD PLANNING DIVISION 1. The developer shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of the specific plan and its related cases by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $2,792.25 to pay for the cost of such filing. This check shall be received prior to the public hearings. 3. The developer of the 10 -Acre General Plan Area shall comply with the Mitigation Monitoring Program (MMP) adopted for the 10 -Acre General Plan Area, as printed and adopted with Environmental Impact Report (SCH # 2009031084). 4. The developer of the 10 -Acre General Plan Area shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. End of Conditions PC June 1, 2010 Item No. 4 Page 18 of 40 r N.A. P. Neighborho Commercial Proposed z SP x Specific Plan x x Allift'aft, TV OT' K (PROPOSED) is I BO MAX " EAST LAKE SPECIFIC PLAN peclhe an AW BOUNDARY proposed N.A.P. EAST LAKE q3PECIFIC PLAN XMENbMENT#9 EXISTING EAST LAKE' & DIAMOND, SPECIFIC PLAN SPECIFIC , IST�A 16G (86.4 ad) OROJECTAIREA� BOUNDARY Y�� , K, - WEdl C-1 N 7�66UNb Zl� SASERAU. v- "Al PROPO9 , EAST LAKE 1z 1� X�Z, LEGEND East Lake Specific Plan GENERAL PLAN AMENDMENT No. 2009-01 PC June 1, 201 Item No. 4 Page 19 of 40 RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF 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 and the Planning Commission 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 1, 2010 with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission 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 Planning Commission 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, PC June 1, 2010 Item No. 4 Page 20 of 40 PLANNING COMMISSION RESOLUTION NO. 2010-_ Page 2 of 4 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 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 Planning Commission hereby recommends approval of Zone Change No. 2009 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this first day of June 2010. PC June 1, 2010 Item No. 4 Page 21 of 40 PLANNING COMMISSION RESOLUTION NO. 2010- Page 3 of 4 Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 22 of 40 PLANNING COMMISSION RESOLUTION NO. 2010-_ Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2010 - was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1st day of June 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 23 of 40 N.A.P. alp /, N.A.P. I Neighborhood Commercial Proposed SIX sp..ifl. Plan / / f 'sPJ:AN'�/ �� • (PROPOSED) Exr pg y iA"RY' / ./.� EAST LAKE SPECIFIC PLAN 'spedf��`P BOUNDARY 7-1 I , Pro d , / Neigh r>y � Curt( a(c I r EAST LAKE r; ;SPECIFIC PLAN ' u� AMENDMENT0 , EXISTING EAST LAKE' &DIAMOND SPECIFIC PLAN ECIFlC PLA PROJECT AREA • BOUNDARY 1 (86.4 ac) ASES LZ A t3A t, c. LEGEND = = East Lake Specific Plan HAI a in o aoo ZONE CHANGE No. 2009 -01 PC June 1, 2010 Item No. 4 Page 24 of 40 RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF 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, this specific plan amendment conforms to and is consistent with the proposed General Plan Amendment No. 2009 -01, proposed Zone Change No. 2009 -01, and proposed Diamond Specific Plan that accompany it for the Properties; and WHEREAS, public notice of the Amendment has been given and the Planning Commission 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 1, 2010 with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission 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. 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 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 Planning PC June 1, 2010 Item No. 4 Page 25 of 40 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 2 of 4 Commission hereby makes the following findings for the approval of Amendment No. 9 to the East Lake Specific Plan No. 93 -3: 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 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 PC June 1, 2010 Item No. 4 Page 26 of 40 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 3 of 4 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 Planning Commission hereby recommends approval of Zone Change No. 2009 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this first day of June 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 27 of 40 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2010 - was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1st day of June 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 28 of 40 CONDITIONS OF APPROVAL FOR EAST LAKE SPECIFIC PLAN AMENDMENT NO. 9 7 PLANNING DIVISION 1. The developer shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan and its related cases by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $2,792.25 to pay for the cost of such filing. This check shall be received prior to the public hearings. 3. The developer shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed and adopted with the Environmental Impact Report (SCH # 2009031084). 4. The developer shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. s. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 6. The applicant shall submit 15 final revised copies upon approval of the East Lake Specific Plan Amendment NO. 9 if necessary to complete the processing of this application. End of Conditions PC June 1, 2010 Item No. 4 Page 29 of 40 RESOLUTION NO. PC -2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF 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, 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, public notice of the Project has been given and the Planning Commission 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 1, 2010 with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission 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 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 Planning Commission hereby makes the following findings for the approval of the Diamond Specific Plan No. 2009 -01: PC June 1, 2010 Item No. 4 Page 30 of 40 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 3 of 5 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 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 PC June 1, 2010 Item No. 4 Page 31 of 40 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 4 of 5 for the common use of residents, establishments or operations in the development. 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. C. A Statement of Overriding Considerations that justifies the merits of Project implementation has been adopted for this Project. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council approve Diamond Specific Plan No. 2009 -01 by ordinance. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this first day of June 2010. Jimmy Flores, Chairman City of Lake Elsinore PC June 1, 2010 Item No. 4 Page 32 of 40 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 5 of 5 ATTEST: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 33 of 40 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 6 of 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC- 2010 - was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1 st day of June 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC June 1, 2010 Item No. 4 Page 34 of 40 CONDITIONS OF APPROVAL FOR DIAMOND SPECIFIC PLAN NO. 2009 -01 PLANNING DIVISION 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan and its related cases by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $2,792.25 to pay for the cost of such filing. This check shall be received prior to the public hearings. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, including Project Design Considerations, as printed and adopted with the Environmental Impact Report (SCH # 2009031084). 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued; and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 6. The applicant shall submit 15 final revised copies upon approval of the Diamond Specific Plan No. 2009 -01 if necessary to complete the processing of this application. End of Conditions PC June 1, 2010 Item No. 4 Page 35 of 40 RECEIVED I �� �I ii 11 3 1 a fj� d0% � g'r 9, r �.�c� 1 1111111€ . 1 t J' G J 1 +I�dr"'Iji� ik; i V I N ,C,�Cy,�{jI'pwy k� yaR+ �y� � ;�y'1►� T " ' "� "`gg�gy.4�`��'' l.! ���,a4�����0 "'ni G " en ��.g�:y�� ` �y�c..c: '•G ��L�> „ `�i..� a ' m��`5�'�dr A 114in L�IIny�{ ffflww ri ul OR G / { iig hq tl/ii. ,,, � lpr�,,:�r �A a� r !• �h + .iM �� MAil ® ��8 ' 1 f� t i -� i _ F '�• -� > � 1 1 Z ' n y CITY OF LAKETNORE PLA NING n SIQ-N 2 d � t a ' 1 f� t i -� i _ F '�• -� > � 1 1 �• vn Ml •� 1 _ y E YYY �i4 '',,,,��� • X19 r °`: - � WOE ' n y k �• vn Ml •� 1 _ y E YYY �i4 '',,,,��� • X19 r °`: - � WOE F C�EN D M \1' 17 r i; OF LAKE ELSIN E PUNNING DIVISIO� 1�� 7% R z w 2 t �� n t 1/y�jkl ij� N !f m r It j,f 4 co a jJr ap �I 7 i �' ff l a � f p b Zw a J IY O � Lu 1 �i }` MMMp Lf6 � I Y 1j pp o 1 :F ry�ry Ale �ygtl �J r r t t t = 9 ai¢ie ; n" ,,, �� \' ry ►; 1; ��_- tea. CITY OF LADE (�LSIH0KE DREAM EXTREME. ACKNOWLEDGEMENT OF DRAFT CONDITIONS RE: Diamond Specific Plan No. 2009 -01, East Lake Specific Plan Amendment No. 9 and General Plan Amendment No. 2009 -01 I hereby state that Uwe acknowledge the draft Conditions of Approval for the above named projects. I/We understand that these are draft conditions only and do hereby agree to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter that will be sent after final project approval. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore or his designee. The decision of the City Council shall be final fifteen (15) days from the date of their decision. Date: 5 a5 d Applicant's Print Name Address: Phone Nun Ud 1a- PC June 1, 2010 Item No. 4 Page 39 of 40 City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (951) 674 -3124 (951) 471 -1419 fax Filed With: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Notice of Determination (In compliance with Section 21152 of the Public Resources Code) ❑x County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: General Plan Amendment No. 2009 -01, Zone Change No. 2009 -01, East L:ake Specific Plan Amendment No. 9, Diamond Specific Plan No. 2009 -01 State Clearinghouse Number (if submitted to State Clearinghouse): N/A Lead Agency Contact: Carole K. Donahoe, AICP, Project Planner Telephone No: (951) 674 -3124 x 287 Project Location (include County): County of Riverside, City of Lake Elsinore. South of Lakeshore Drive, east of the Inlet Channel, west of Mission Trail and north of the SummerlyHomes project. Project Description: The development of an 87 acre mixed use master planned regional destination venue surrounding the existing Diamond Stadium; the removal of properties from the East Lake Specific Plan in order to develop the properties under the Diamond Specific Plan; the elimination of an "island" of ELSP area resulting from the formation of the Diamond SP; changing the General Plan designations and Zoning in order to develop the properties under the Diamond SP zone and General Plan designation. This is to advise that the City of Lake Elsinore Planning Commission (Lead Agency) has approved the above project and has made the following determinations regarding the above described project: The Final Environmental Impact Report (SCH# 2009031084) is a complete and adequate document that evaluates all environmental effects of the proposal. The EIR identified several significant environmental effects which can be fully avoided/mitigated through the adoption of feasible mitigation measures, excepting two effects upon air quality. The Planning Commission considered the social and economic benefits of the Project and has balanced these benefits against the environmental risks. The Planning Commission has adopted the Findings of Fact and Statement of Overriding Considerations for this Project. Signed: Title: Senior Planner Matt Hams PC June 1, 2010 Item No. 4 Page 40 of 40