Loading...
HomeMy WebLinkAboutOrd. No. 1993-964ORDINANCE NO. 964 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE LAGUNA HEIGHTS SPECIFIC PLAN 92-3 (THE WESTERN COMPANY) THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN AS FOLLOWS: WHEREAS, there has been an application by the Western Company, which consists of 1,202 acres, for a mix of residential, golf course, and open space uses along with infrastructure and public service improvements. Laguna Heights is located in the County of Riverside unincorporated area for the most part and entirely within the City of Lake Elsinore's Sphere of Influence. The project site is proposed to be annexed entirely into the City of Lake Elsinore. The site is located west of Grand Avenue and the Brookstone Development in the county. Access to the site is available from Toft Drive, Amorose Street and Patrick Court all off of Grand Avenue. Due notice of public hearing concerning the Specific Plan has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinances; WHEREAS, on June 30, 1993, the Planning Commission held a duly noticed public hearing to consider the Laguna Heights Environmental Impact Report (EIR) and Specific Plan and following such public hearing, recommended that the City Council (1) certify the EIR as meeting the requirements of the California Environmental Quality Act and the CEQA Guidelines and as being complete and adequate; and (2) approve the Laguna Heights Specific Plan; and WHEREAS, the City Council held a duly noticed public hearing on August 10, 1993 and September 14, 1993 for the purpose of certifying the EIR and considering the Specific Plan; WHEREAS, pursuant to CEQA, the Final EIR has been prepared, certified and considered by the City Council and has been found to adequately address the general environmental setting of the proposed Project and significant environmental impacts and the alternatives and mitigation measures related to each significant environmental effect to the proposed Project. The City Council has considered the information contained in the EIR prior to approval of the Project. The City Council has adopted Resolution No. 93-52 certifying the EIR which discusses all significant environmental effects and corresponding mitigation measures, together with the Facts, Findings and Statement of Overriding Considerations regarding the environmental effects of the Laguna Heights Specific Plan ("Facts, Findings and Statement of Overriding Considerations") set forth as Attachment "A" to Resolution No. 93-52 and incorporated herein by this reference; WHEREAS, the establishment and implementation of the Specific Plan as submitted, under current circumstances, will not be detrimental to the health, safety, comfort or general welfare of the persons residing in the area of the Project; and WHEREAS, appropriate mitigation measures are incorporated into the Specific Plan to ensure that the concerns identified at this level of planning will be resolved as part of the more detailed subdivision review process which must be completed before development may proceed. NOW, THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: Section 1: All the facts set forth in the Recitals above of this Ordinance are true and correct. Ordinance No. 964 Page two Section 2: The Final EIR has been prepared in compliance with CEQA and the CEQA Guidelines and further, the City Council has reviewed and considered the information contained in the Final EIR and the Mitigation Monitoring Program with respect to the Project and has determined it to be complete and adequate and in compliance with CEQA. As set forth in the Facts, Findings and Statement of Overriding Considerations attached as Attachment "A" to Resolution No. 93-52 and incorporated by this reference, all significant adverse impacts have either been mitigated to acceptable levels or have been found to have been overridden by economic, social or other benefits derived from the Project. Section 3: Upon the recommendation of the Planning Commission and based upon the Findings adopted hereby with regard to the approval of the Project, the City Council hereby (i) finds that the Specific Plan for the Project area attached hereto as Exhibit "A" and incorporated by this reference, is consistent with the General Plan of the City, (ii) finds that adoption of the Specific Plan is in the public interest, (iii) approves and adopts the Specific Plan based on the following Findings: 1. The Laguna Heights Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et sea. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. The Laguna Heights Specific Plan is consistent with the Goals, Policies and Objectives of the General Plan and with any other applicable plans or policies adopted by the City. 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 or State laws or City codes. 4. 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 the 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. 5. The proposed location of the plan allows the development to be well-integrated with its surroundings. 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. Except as limited by State law, including SB 1287, the Specific Plan identifies methodologies to allow land use Ordinance No. 964 Page three to be adequately serviced by existing or proposed public facilities and services. 8. The overall design of the Specific Plan will produce an attractive, efficient and stable development. 9. 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. 10. The Laguna Heights EIR has been prepared, submitted and reviewed in accordance with the requirements of the California Environmental Quality Act and is complete and adequate in that it addresses all environmental effects of the project and discretionary approvals. Section 4: This Ordinance shall take effect thirty (30) days after the date of its 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, UPON FIRST READING this 14th day of September 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTENTIONS: COUNCILMEMBERS ALONGI, CHERVENY, DDMINGUEZ, WASHBURN NONE NONE WINKLER PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28th day of September 1993, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS CHERVENY, DOMINGUEZ, WASHBURN NONE ABSENT: COUNCILMEMBERS: ALONGI APPROVED AS TO FORM AND LEGALITY: C71`i'YI~AT4:OBNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the foregoing Ordinance was read for adoption on September 14, 1993, and was passed on September 28, 1993, by the following vote: AYES: COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ALONGI P.BS?'AIN: COUNCILMEMBERS: WINKLER V~r VICKI 1=_EiSAD, C TY CLERK CITY OF LAKE EL.SINORE (SEAL1 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICKI 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. 964 of said Council, and that the same has not been amended or repealed. DATED: September 30, 1993 VICK SAD, C TY CLERK CITY :;1` LAKE E .SINORE (SEAL)