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HomeMy WebLinkAboutItem No. 24CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL /REDEVELOPMENT AGENCY TO: HONORABLE MAYOR AND CITY COUNCIL /REDEVELOPMENT AGENCY BOARDMEMBERS FROM: RON MOLENDYK, CITY MANAGER & EXECUTIVE DIRECTOR /RDA DATE: MAY 25, 1993 SUBJECT: EAST LAKE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT 93 -3 AND DEVELOPMENT AGREEMENT (EAST LAKE) EASTLAKE- COMMUNITY BUILDERS /CITY OF LAKE ELSINORE AND DISPOSITION AND 'DEVELOPMENT AGREEMENT BACKGROUND At their meeting'on May, 5, 1993 the Planning Commission recommended the following to City Council (Minutes and Staff Report attached): • Certification of Environmental Impact Report; ri • Approval of East Lake Specific Plan (SP 93 =3) and adopted-Resolution No. 93 =3. The Planning Commission' at their May 5,- 1993, 'meeting continued their consideration of 'the- associated proposed 'development agreement to their May 19, 1993, meeting. At this meeting, the Planning Commission then recommended City Council approve the following (separate staff report and draft minutes attached): Development Agreement between Eastlake Community Builders' (ECB) and the City of Lake Elsinore. In conjunction with their review of the Development Agreement, the Planning Commission also reviewed - the proposed Disposition and Development. Agreement (DDA) between ECB, the City and the Redevelopment Agency. This draft document was included in the Commission's review because of the interrelationship of the two documents and the many cross - references contained in them. The Planning Commission did not take any',�action on the DDA because they are not required to. DISCUSSION Staff has been working with ECB on development of the Specific Plan since 1992. More recently, staff has been working with ECB relative to the content and terms of` the Development Agreement and DDA, which cover the property within the `Specific Plan that ECB actually has 'a -legal interest in. The Planning Commission recommended approval of the requests with just a few modifications which are discussed below. ' Specific Plan Based on -the Commission's own concerns (relative to school impacts and on testimony" given at the Planning Commission hearing by an attorney for the Lake Elsinore Unified School District," the Commission recommended the following condition of approval -be added: 77. Prior to approval" of any tentative map for property within the Specific Plan,, applicant shall have entered into a school impact mitigation agreement with the school district. The developer ;,shall submit a letter to the School _District within seven (7) days (May 12, 1993) indicating any additional language. On May 12, 1993, ECB's attorney sent a letter to the School District proposing revised wording to this condition. The revised wording can be reviewed in the qu I:C.FNDA ITEM NO.. 0--' Public Hearing EIR 93 -3, SP 93 -3 May 5, 1993 Page 2 copy of ECB's letter to the School District, attached to this report as Page ill of_il . As.of the time of the preparation of this report, staff had not received a response from the School District regarding, the acceptability of this revised condition wording. The Commission also suggested the zoning (proposed specific plan land use designations) on two parcels be referred back to staff for comment and suggestion prior to City Council hearing. The Planning Commission's direction was in response to testimony and correspondence received regarding these two parcels. The following are staff's comments regarding the requests: Sportsman's Lodge Property: This property is located on the south side of Lakeshore Drive, and on the west side of the San. Jacinto Rivers. The property is currently zoned commercial ,(C -1); however, the East Lake Specific Plan proposes medium density residential (Res. 2). The property owner would like to retain commercial zoning.. Staff feels a commercial zoning of this property., would not be detrimental to the integrity of` the proposed East Lake Specific Plan and it would still be consistent with the proposed - goal and objectives of the Plan. Staff, however, does recommend. that the entire Specific Plan Planning Area No.. 6, of which this property is a portion of, be, similarly zoned, and that there is an attempt to develop the entire planning area .as: a cohesive project. The other properties in this planning area are those existing parcels on the east side of Elm Street. The appropriate East Lake Specific Plan land use designation to allow commercial on this property is Mixed Use (which allows residential also) or General commercial. Default Property: This property is located on_ the south side of Lakeshore Drive opposite the intersection. of Country Club Boulevard. The property , is currently zoned commercial; however, the East Lake Specific Plan currently, proposes low density residential (Res. 1) . The property owner would like to retain commercial. zoning. Staff feels there may be some merit to having a limited commercial site along this portion of Lakeshore Drive at a .significant intersection. However,.staff would recommend. that any commercial development of such a site be designed to provide an adequate buffer' between the commercial use and the surrounding existing and future residential_ uses. The existing commercial use of this _property . would be allowed to be maintained within the residential zoning proposed by the East Lake Specific Plan under non- conforming use regulations. Development Agreement The Planning Commission _did not recommend any specific f:CEN'DA ITEM C.O. PACE a - OF Public Hearing EIR 93 -3, SP 93 -3 May 5, 1993 Page 3 modifications ,to the Development Agreement in their recommendation of approval of it. The Commission did ask some questions 'which staff and the 'applicant made an attempt to answer. The Commission did request that a draft transcript of their questions be given to the!'City Attorney for-his review and comment if necessary prior !'. to the City Council hearing. The draft transcript was transmitted-to the City Attorney. Noted below is a summary of one `jspecific comment/ question the Commission 'had' on 'the Development Agreement that they requested the City Attorney `t`o comment on prior to City Council: Section 12.5 Financing. of Public Facilities and /or Services: The Commission was concerned that wording towards the end of this section was indicating that - there `may be a real chance that the proposed 2% cap`oii property taxes and aggregate public debt service may be exceeded. The Commission - indicated they felt that if the 2% is exceeded this would have a.negative effect on the marketability and success of the project. _. Disposition and Development Agreement (DDAY As'with the Development Agreement; Planning Commission did not recommend any "modifications to the 'DDA and as mentioned previously, they did not take any 'action on it. However, as also with the Development Agreement, questions they asked on the DDA have been forwarded toPthe City Attorney for review and comment if necessary. One °section of the DDA they specifically asked the City Attorney for clarification on was Section 706 regarding no cross = defaults:, RECOMMENDATION It is recommended that the City'Council adopt the following based upon the Findings and Conditions as recommended by the Planning Commission: 1. Certify the East Lake Environmental Impact Report (93 -3) and adopt Resolution No. 9e ��! f+ . 2. Approve the East Lake Specific, Plan and adopt Ordinance No. 95 5 (possibly subject to revised school impact mitigation condition wording and 'revised land use= designations for certain parcels) 3. Approve the Development Agreement with the Eastlake Community Builders and adopt Ordinance No. �5�n 4. Approve the Disposition and Development Agreement with East Lake Community Builders and adopt. Resolution No. G 3- a 9 It is recommended that the Redevelopment Agency concur with City Council action. FINDINGS - SPECIFIC PLAN 93 -3 1. The East Lake Specific Plan meets the City's Specific Plan criteria . for content and required implementation of the General Plan established'by Section 65450' of the California Government'Code'and section 17.99 of the City of Lake Elsinore Municipal Code. AGENDA ITEM NO. PA': -c 3 OF 2. The East Lake Specific Plan is Policies and Objectives of the other applicable plan or policies reasons set forth in Section 3.1 the Specific-Plan. Public Hearing EIR 93 -3, SP 93 -3 May 5, 1993 Page 4 consistent .with the Goals, General Plan, and with any adopted by the City for the (pp.III -1 through III -14) of The Development Regulations contained within the Specific Plan supersede otherwise applicable City ordinances and codes, unless specifically stated to the contrary ,in. the Specific Plan. Approval of the Specific Plan shall not be interpreted as waiving compliance with other Federal, State, or City Codes. 4. The EIR has been prepared in compliance with CEQA and is complete, and adequate. As, set forth in the Statement of Facts, Findings, and Overriding Considerations, all significant adverse impacts have either been mitigated to acceptable levels, or have been found to be overridden by economic, social, or other benefits derived from the project. 5. This request will result in significant environmental impacts associated with land use, air quality, biological resources, energy resources, aesthetics, agriculture, seismicity, water quality, traffic, school construction, utilities and services which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable under the General Plan, specifically the provision of quality housing opportunities by the City, ..the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 6. The proposed location of the project allows_ the development to be well- integrated with, its surroundings. 7. All vehicular traffic generated by the development, either in phased increments or at full build-out, will be accommodated safely and without causing undue 'congestion upon adjoining streets. 8. Except as limited by State Law, including SB 1287, the Specific Plan identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. Suitable areas are reserved for schools, parks and pedestrian ways. The overall design of the Specific Plan will produce an attractive, efficient and stable development. 10. The proposed project will not be detrimental to the health, safety, comfort, or general welfare of the persons. residing or working within the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. FINDINGS - ENVIRONMENTAL IMPACT REPORT 93 -3 1. The East Lake EIR has been prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and the City's CEQA guidelines, and AGENDA ITEM NO. PAGE- 0 �� is complete and adequate environmental effects of the approvals required therefore. FINDINGS - DEVELOPMENT AGREEMENT Public Hearing EIR 93 -3, SP 93 -3 May 5, 1993 Page 5 in that it addresses all Project and all discretionary 1. The proposed Development Agreement between Eastlake Community Builders and the City of Lake Elsinore is consistent with the City's General Plan and with the East Lake Specific Plan. 2. The Environmental Impact Report prepared for the East Lake Specific Plan is adequate and complete for the proposed Development Agreement. Prepared by: Reviewed by: APPROVED BY: APPROVED FOR AGENDA LISTING: Manager AGENDA ITEM NO. ° �f PAGE LOF