HomeMy WebLinkAboutCC# 10CITY OF
LADE LSII`IOIJE
DREAM EXTREME-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: VIRGINIA J. BLOOM, CITY CLERK
DATE: AUGUST 27, 2013
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE
NO. 2013 -1316
Recommendation
It is recommended that the City Council take two separate actions:
A. Clarify the City Council modification to the Design Review process under
Amendment No. 10 to provide for final action by the City Council as a Consent
Calendar item.
B. Waive further reading and adopt by title only Ordinance No. 2013 -1316 by roll -
call vote:
ORDINANCE NO. 2013 -1316
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE APPROVING SPECIFIC PLAN AMENDMENT NO. 2013 -02,
AMENDMENT NO. 10 TO THE EAST LAKE SPECIFIC PLAN
Discussion
The above - referenced Ordinance approving Amendment No. 10 to the East Lake
Specific Plan (ELSP) was introduced at the regular City Council meeting held on August
13, 2013 following a noticed public hearing and is now being presented for second
reading and adoption.
Amendment No. 10 includes a change in the land use designation of 4 acres in the
Recreation Village District of the ELSP which was approved by the City Council without
modification. Amendment No. 10 also proposed a change in the Design Review
process under the ELSP to allow the Planning Commission decision to be final, subject
only to appeal to the City Council. The City Council rejected this proposal and modified
the process to allow for the City Council to receive and file the Planning Commission
action or, alternatively to request consideration. The modification followed an option
AGENDA ITEM NO. 10
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Second Reading re
August 23, 2011
Page 2 of 2
Ordinance Correcting Certain Time Limits
offered by the City Attorney to balance the City Council's reluctance to allow for final
Planning Commission action while at the same time avoiding delays in the Design
Review process.
Upon review, the City Attorney is concerned that the modified process may be
confusing to the applicant and to the public and may conflict with the City's standard
appeal procedures. Consequently, the City Attorney requests that the City Council
clarify its action to provide that the Design Review decisions of the Planning
Commission be presented to the City Council as a Consent Calendar item for final
action by the City Council. This is consistent with recent actions by the City Council,
avoids confusion and maintains a clear process.
The City Attorney recommends that the City Council clarify this process prior to
adopting the Ordinance approving Amendment No. 10. The clarification is a minor
modification that can be incorporated into Amendment No. 10 and does not require
reintroduction of the Ordinance.
Prepared by: Virginia J. Bloom, City Clerk
Approved by: Grant Yates, City Manager
Attachment: Ordinance No. 2013 -1316
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ORDINANCE NO. 2013 -1316
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE APPROVING SPECIFIC PLAN AMENDMENT NO. 2013 -02,
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
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City Council Ordinance No. 2013 -1316
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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 -od't, 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.
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City Council Ordinance No. 2013 -1316
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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.
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City Council Ordinance No. 2013 -1316
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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 Council of the City of Lake Elsinore, California,
on the 27th day of August, 2013.
Robert E. Magee, Mayor
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Z. Leibold, City Attorney
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