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HomeMy WebLinkAboutOrd. No. 2013-1316ORDINANCE NO. 2013 -1316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING SPECIFIC PLAN AMENDMENT NO. 2013 -029 AMENDMENT NO. 10 TO THE EAST LAKE SPECIFIC PLAN WHEREAS, Brian Milich, McMillin Communities, has filed an application with the City of Lake Elsinore requesting approval of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan (the "Project "); and WHEREAS, the project site is generally located southwest of the Links at Summerly Golf Course facility and in the central area of the East Lake Specific Plan; and WHEREAS, on July 16, 2013 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and made its recommendation in favor of Specific Plan Amendment No. 2013 -02 by adopting Planning Commission Resolution No. 2013 -66 recommending to the City Council approval of Specific Plan Amendment No. 2013 -02; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions for approval of specific plans and specific plan amendments; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on August 13, 2013. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a decision, the City Council has reviewed and analyzed Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) and Chapter 17.204 of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan: 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. Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan meets the City's Specific Plan criteria for content and required City Council Ordinance No. 2013 -1316 Page 2 of 4 implementation of the General Plan established by Section 65450 et se q. of the California Government Code and Section 17.204 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan Amendment complies with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed location shall allow the development to be well- integrated with or adequately buffered from its surroundings, whichever may be the case. The Project is appropriate to the site and surrounding developments in that implementation of the Project will result in an improved design that consolidates the recreation facility location with an area that was already intended to be developed as a central neighborhood park for open space use. The relocation of the recreation facility onto PA 42 will centralize and thereby improve the location of multiple recreational amenities for future residents. In addition, the amendment also proposes to allow the Design Review Process to be considered and action be taken by the City Planning Commission, with an available appeal process to the City Council. 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. The width and type of pavement needed to carry the type and quantity of traffic generated that will result from implementation of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan has been reviewed and accounted for. The City has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 4. The Specific Plan Amendment shall identify a methodology(s) to allow land uses to be adequately served by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by the Municipal 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 for the common use of residents, establishments or operations in the development. City Council Ordinance No. 2013 -1316 Page 3 of 4 Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan identifies methodologies to allow land uses to be adequately served by existing or proposed public facilities and services. Amendment No. 10 to the East Lake Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the amendment will result in an improved design that consolidates the recreation facility location with an area that was already intended to be developed as a central neighborhood park for open space use. The relocation of the recreation facility onto PA 42 will centralize and thereby improve the location of multiple recreational amenities for future residents. 5. The overall design of Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan will produce an attractive, efficient and stable development. Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan has been designed in consideration of the size and shape of the property, thereby, strengthening and enhancing the immediate areas. The Project will complement the quality of neighboring existing and future uses by creating visually - pleasing development. Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the Project or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan Amendment No. 10 and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. City Council Ordinance No. 2013 -1316 Page 4 of 4 Environmental clearance and analysis for the proposed application is provided by a Supplemental Environmental Impact Report (SEIR) which was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present changes or new information regarding the potential environmental impacts of development. No further environmental clearance is necessary. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan. SECTION 4. 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 INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 13th day of August, 2013 and adopted at a regular meeting of the City CouncJ.."e City of Lake Elsinore, California, on the 27th day of August, 2013. //// E. Magee, APPROVED AS TO FORM: Z. L�ibbld; 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. 2013 -1316 was introduced at the regular City Council meeting of August 13th, 2013, and adopted at the regular meeting of August 27, 2013, by the following roll call vote: AYES: Mayor Pro Tern Johnson, Council Member Manos, Council Member Hickman, Council Member Tisdale, and Mayor Magee NOES: None ABSENT: None ABSTAIN: None 1 Vir i is J. B qb , City Clerk ORDINANCE NO. 2013-1317 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING LAKE ELSINORE MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 PUBLIC SAFETY ADVISORY COMMISSION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDER AS FOLLOWS: SECTION 1. That Chapter 2.46 of the Lake Elsinore Municipal Code is hereby amended in its entirety as follows: Chapter 2.46 PUBLIC SAFETY ADVISORY COMMISSION "Public safety" is that which is related to traffic and pedestrian safety, lake safety, code enforcement, animal control and emergency services within the City of Lake Elsinore. 2.46.020 Creation of a Public Safety Advisory Commission. A Public Safety Advisory Commission is established. 2.46.030 Membership. The Public Safety Advisory Commission shall consist of five members. No officers or employees of the city or a person under an employment contract, subject to the jurisdiction of the city council, shall be members of such commission. A member of the Public Safety Advisory Commission shall be at least 18 years old and either: (a) reside within the City of Lake Elsinore, or (b) be an owner of a business that is established and currently licensed within the City of Lake Elsinore. Members shall be subject to a routine background check to be administered by the Police Department. 2.46.040 Appointment and Removal of Commissioners. A subcommittee of the City Council shall recommend candidates to the City Council to serve as members of the Public Safety Advisory Commission. Appointment to the Public Safety Advisory Commission shall be approved by a majority of the City Council. Individual commissioners can be removed at the pleasure of a majority of the City Council without notice or hearing. Upon appointment to the Public Safety Advisory Commission, commissioners shall complete an orientation regarding their role and responsibilities, the Brown Act, City organization and the City code of conduct. Ordinance No. 2013 -1317 Page 2 of 4 2.46.050 Term of Office. Members of the Public Safety Advisory Commission shall be appointed for a term of no more than four years. Each term shall commence on July 1St of the respective year in which appointed. Terms shall be staggered such that the terms of no more than three commissioners expire within a two year period. If a commissioner resigns prior to the end of their term, a replacement will be appointed to serve out the remainder of that term. 2.46.060 Duties and Responsibilities. The Public Safety Advisory Commission shall have the following duties and responsibilities: (A) The Commission shall serve as a conduit of information for City residents and businesses to express their concerns regarding traffic and pedestrian safety, lake safety, code enforcement, animal control and emergency services. The Commission shall hear these concerns, communicate them to the designated staff administrator for the commission, and report back to citizens within a reasonable amount of time. (B) Investigate, review and analyze traffic and pedestrian safety, lake safety, code enforcement, animal control and emergency services issues including parking, pedestrian right of ways, traffic condition reviews, stop sign placements, traffic signals, road modifications, pavement markings, safety devices, posted speed limits, signage and engineering. (C) Assist in developing traffic, pedestrian and lake safety programs that will help reduce and /or prevent accidents, injuries and deaths on the lake and roadways within the City. (D) The Commission shall gather additional input by maintaining an ongoing dialogue with various community organizations including, but not limited to, the Animal Friends of the Valleys, Citizens Corps, Lake Elsinore Marine Search and Rescue, neighborhood watch groups, homeowners' associations, Chamber of Commerce, Downtown Merchants Association, etc. (E) Reviews and suggests disaster planning, preparedness and crisis management programs and resources for further consideration by the City Council and /or staff. (F) Attend training regarding compliance with the City's code of ethics and conflict of interest policies. Ordinance No. 2013 -1317 Page 3 of 4 (G) Provide a written report to the City Manager's office on a quarterly basis to be forwarded to the City Council for review. While the Commission may propose assignments and activities, assignments and activities other than specific duties and responsibilities of the Commission shall be undertaken by direction of the City Council or the City Manager. All commissioner communications and requests of City staff must be made via the City Manager's office including responses back through the City Manager's office to all commissioners to allow for better tracking and follow -up on requests. Recommendations of the Commission shall be undertaken by direction of the City Council or City Manager. Commission recommendations shall be made to the City Council at the discretion of the City Manager's office. 2.46.070 Meetings. (A) The Commission shall be subject to the laws governing public agencies and a quorum must be present in order to hold a meeting or take any action. (B) Printed agendas and backup material shall be prepared for each meeting. (C) Minutes of each meeting shall be prepared and distributed to all City Council Members and available upon request for public review at City Hall or on the City's website. (D) If a Commissioner cannot attend a meeting or is going to be late, he /she shall contact the City Manager's office. Failure to be present at four regularly scheduled meetings in any one calendar year may be cause for removal from the Commission pursuant to section 2.46.040. (E) The Commission shall be authorized to meet as often as twice a month, but not less than once a quarter. (F) The City Manager shall ensure adequate staff is allocated to provide necessary technical and clerical assistance for commission meetings. (G) The Commission shall confine its business at Commission meetings to addressing general public safety issues as provided in this chapter and shall not engage in discussions or address issues that relate to the internal operations of the City. 2.46.080 Obligations and Expenses. The Public Safety Advisory Commission shall incur no obligations or expenses of any kind, without obtaining prior written authorization and approval by the City Manager. 2.46.090 Termination of the Commission. The Public Safety Advisory Commission may be terminated at any time at the pleasure of a majority of the City Council. Ordinance No. 2013 -1317 Page 4 of 4 SECTION 2. 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 3. 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 INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 10th day of December, 2013, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 14 day of January, 2014. ATTEST: Virgini . Blo , City Clerk APPROVED AS TO FORM: ra Z. Leioold, 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. 2013 -1317 was introduced at the regular City Council meeting of December 10, 2013, and adopted at the regular meeting of January 14, 2014, by the following roll call vote: AYES: Mayor Pro Tern Manos, Council Member Tisdale, Council Member Magee and Mayor Johnson NOES: None ABSENT: Council Member Hickman ABSTAIN: None Vi inia J. loom, City Clerk