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HomeMy WebLinkAboutOrd. No. 1989-854AN0. 854 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE COTTONWOOD HILLS SPECIFIC PLAN. THE CITY COUNCIL OF THE CITY -0F LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1: That the Cottonwood Hills Specific Plan is hereby approved and adopted by the City Council based on the following findings: 1. The Specific Plan- is anticipated to result in several significant adverse environmental impacts which are described in the project Environmental Impact Report. For each significant impact, measures are imposed by the Plan or its conditions of approval which eliminate or substantially lessen their effect. A number of significant impacts are unavoidable and a statement of overriding considerations is recommended to address these (see Finding #2). Specific findings for each significant impact are as listed in Exhibit A (attached). A Mitigation Monitoring Program is hereby adopted. A list of persons and agencies commenting and further responses to to comments are hereby adopted as part of the Final E.I.R. Based upon project documents and evidence in the public record, the significant environmental effects of this project associated with the loss of on-site biological habitat, traffic impacts on area roads, degradation of local air quality and a substantial contribution to cumulative impacts of area-wide urban development, although partially mitigated or reduced by the project, remain significant and are unavoidable based upon rejection of project alternatives or additional mitigation measures necessary to reduce these impacts to less than significant levels. These impacts are found to be acceptable due to benefits derived by the project, 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 improvements to Railroad Canyon Road 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. The foregoing overriding considerations provide the rationale for a decision to approve this project. The Cottonwood Hills Specific Plan meets the Specific Plan criteria for contents and systematic 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. 4. The Specific Plan is consistent with the City of Lake Elsinore General Plan as follows: Land Use Element a) The Specific Plan (Plan) would provide for residential support of City commercial and industrial development thereby promoting a community-wide balance of land uses. b)__Services-and .facilities could be delivered as needed under provisions of the Plan. c) Quality site development would be promoted under.. provisions of the Plan. Circulation Element d) The regionally important link of Railroad Canyon Road west to I-15 would be provided. Opportunities for future linkage improvements to the south and east are preserved. e) Transit parking and bike lanes are accommodated. Environmental Element f) Major areas of open space/wildlife habitat are preserved. g) No important mineral resources are impacted. h) Adverse air quality impacts are partially mitigated. i) Prime agricultural lands are being converted to urban uses in a timely manner, based upon surrounding land use and economic conditions. j) Recreation opportunities are accommodated. k) Cultural resources are anticipated to be adequately mitigated based upon their significance. 1) Health and safety threats are mitigated by design measures and service delivery mechanisms. Noise Element m) Design measures are anticipated to be imposed during project development. Community Desian Element n) .Design features are provided to improve the visual quality of the community. Housing Element o) Major segments of the local housing market will be accommodated, including moderate income persons. The project will compliment existing housing opportunities elsewhere in the community for low income persons. 5. The Specific Plan establishes pre-zoning of the project area in anticipation of its annexation to the City of Lake Elsinore. 6. The Specific Plan shall be effective at such time as annexation of the project area to the City of Lake Elsinore is approved by the City and the Local Agency Formation Commission and recorded. 7. The Specific Plan shall expire and be of no effect whatsoever seven years after the date of annexation recordation (as specified in #6 above), unless an implementing Final Tract Map has been recorded prior to the end of the seven year period. 8. The Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the project area, not will it be injurious to property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. 9. A General Plan density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus of .17 dwelling units/acre in exchange for provision of Railroad Canyon Road infrastructure at a more extensive .level than would otherwise be required by the project, and provision of complete turn-key neighborhood parks and partial community park infrastructure above that which would normally be required. The developer shall convey all development rights of all project open space to the City to be retained in perpetuity and to insure provision of Railroad Canyon Road and parks as specified in this finding and Specific Plan Condition of Approval. SECTION 2: That the City Clerk of the City of Lake Elsinore shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the Sun Tribune, a newspaper of general circulation, serving the City of Lake Elsinore, in accordance with provisions of the Government Code. INTRODUCED AND APPROVED UPON FIRST READING this 14th day of March, 1989, upon the following roll call vote: AYES: CpUNCILMEMBERS: BUCK, DDMINGUEZ, STAR KEY, WASHBURN, WINKLER NOES: CDUNCILMEMBERS: NONE ABSENT: CDUNCILMEMBERS: NONE ABSTENTIONS: CUUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of March, 1989, upon the following roll call vote: AYES: COUNCILMEMBERS: DUMINGUEZ, STARKEY, b1ASHBURN, 4JINKLER. NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTENTIONS: COUNCILMEMBERS: NONE ATTEST: Deputy City Clerk (SEAL] APPROVED AS TO FORM AND LEGALITY: ~~~~ John R. Harper, 'ty Attorney (FINDING #1 SP 88-1) SIGNIFICANT SMPACTS AND FINDINGS OF FACT a) Grading - substantially lessened by guidelines contained within the Plan and by existing City ordinances to less than significant levels. ' b) Visual Impacts - substantially lessened by the above guide- lines, grade and landscaping buffers to less than significant levels. c) Biological Impacts -substantially lessened by avoidance and compensation for riparian habitat losses. Remainder sensitive species habitat to be partially compensated by change in management status to less than significant levels. Stephens' kangaroo rat habitat losses to be partially compensated by an off-site plan which can be adopted and is within the responsibility of the City, County, US Fish and Wildlife Service (USFWS) and State Fish and Game (CFG) agencies. These impacts may not be reduced to less than significant levels and are therefore the subject of the attached statement of -overriding considerations. d) Cultural Resources -substantially lessened by the study and documentation of each site as conditioned and preservation of significant resources such as the cemetery. These measures will reduce the impact to less than significant levels. e) Traffic Circulation -Substantially lessened by the develop- . went of on-site roads and Railroad Canyon Road and Holland Road as required by the Plan and conditions of approval. Expansion to Railroad Canyon Road is dependent upon actions which can and should be taken by USFWS and CFG related to wetlands mitigations. Traffic impact will not be reduced to less than significant levels by these measures and is therefore the subject of the attached Statement of Overriding - Consideration. ` f) Services and Utilities - substantially lessened by the provision of services and utilities as required by the Plan and conditions of approval to less than significant levels for all impacts except elementary schools. Provision of schools facilities are dependent upon actions by the school districts and the state which can and should be taken related to funding and construction of needed facilities. g) Hydrology and Water Quality - substantially lessened by the guidelines and control measures required by the Plan and conditions of approval to less than significant levels. h) Geology and Soils - substantially lessened by application of the measures outlined in the Plan and geological report to a level of insignificance. i) Noise - substantially lessened by requirements of the Plan for grading design and sound attenuation barriers during construction phases to less than significant levels. j) Air Quality - substantially lessened by grading guidelines of the Plan and City. ordinances. for. short-term .impacts. Long-term traffic generated impact is expected to be significant and is therefore the subject of the attached Statement of overriding Considerations. k) Energy Conservation - substantially lessened by design guidelines of tfie Plan and conditions of approval to less than significant levels. 1) Cumulative Impacts - substantially lessened by provisions of the Plan, but these impacts will not be reduced to less than significant levels and are therefore the subject of the attached Statement of Overriding Considerations. EXHIBIT "A" STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading '~. `Yl }~.pl \ull'l~Y, itJJ, QlAi4 Altk 6f. 14iJ Orili ltY llA J.. iiWU118Vf Vld 1~1 C11`~lA , ~~ b 1l V I Cdd l'.A was passed by the following vote: AYES: COUNCILMEMBERS: DOMINGUEZ, STARKEY, WASHBURN, WINKLER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCK ABSTAIN: COUNCILMEMBERS: NONE ~Cw°'wC7 ~ VICKI LYNN KASAD, CITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 854, of said Council, and that the same has not been amended or repealed. DATED: April 4, 1989 VICKAI~L-`Y-NNE SAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)