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No. 1999-1052 ORDINANCE NO.,lO}2 AN ORDINANCE OF CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE LIBERTY SPECIFIC PLAN AMENDMENT NO. 2 (LIBERTY FOUNDERS) WHEREAS, the City of Lake Elsinore ("City") adopted the East Lake Specific Plan ("Specific Plan") in accordance 'With Government Code Section ~S4S0 et seq;;-pursuant to Ordinance No. 955, dated May2S, 1993, to guide and regulate development within the East Lake Specific Plan area; - WHEREAS, the Easd:.ake Specific Plan area consists of 3,000 acres and is located along the eastern shoreline of Lake Elsinore and is generally bounded by LakeshoreDrive ontbe north, Mission Trail and Corydon Road on the east, the city boundary line on the south and the shoreline of Lake Elsinore on the west; WHEREAS, the City adopted the Liberty (East Lake) Specific Plan Amendment No.1 ("SPA I") in accordance with Government Code Section 6S4S0et seq., pUrsuant to Ordinance No. 1035, dated February 24, 1999, which affected approximately 784 acres in the southwesterly portion of the East Lake Specific Plan area, and redistributed and reconfigured land uses within the area previously identified as Phase 1 in the East Lake Specific Plan; WHEREAS, an application was filed by Liberty Founders ("ApplicaI;lt") with the City for a second amendment to the East Lake Specific Plan, as amended, hereafter referred to as Liberty Specific Plan Amendment No. 2 ("SPA 2"); WHEREAS, SPA 2 is intended to allow more flexibility necessary to develop a "Traditional Neighborhood Design" community and to implement a Wetlands Habitat Enhancement Program ("WHEP") that will provide greater environmental and habitat benefits and protections in the Back Basin of Lake Elsinore and is supported by Federal, State and County resource agencies; - WHEREAS, SPA 2 proposes minor land use changes and amendments to policies and conditions adopted in connection with the 1993 East Lake Specific Plan; WHEREAS, the Applicant has also filed applications with the City for an amendment to the Circulation Element of the Lake Elsinore General Plan to redesignate a section of Diamond Drive, south of Malaga Road, within the East Lake Specific Plan area, from a four-lane Major street to a two-lane Collector roadway with on-street parking and center lane left-turn pockets within a 54-foot curb-to-curb dimension ("GP A 98-4"); WHEREAS, the Applicant has also filed an application for an "A" Tentative Tract Map No. 28766 ("TIM 28766") in order to subdivide the first phase of proposed development within the East Lake Specific Plan area into large lots for financial purposes; WHEREAS, in accordance with the requirements oithe California Environmental Quality Act, CaI. Public Resources Code ~ 21000 et seq. ("CEQA"), the state Guidelines for CEQA, 14 Cal. Code of Reg. ~ 15000 et seq. ("CEQAGuidelines"), and the City's environmental analysis procedures, the City prepared an Initial Study to evaluate the impacts of GPA 984, SPA 2, and "A" Tentative Tract Map No. 28766, and determined that Subsequent Mitigated Negative Declaration No. 99-3 ("SMND 99-3 ") was the appropriate CEQA document to evaluate the environmental impacts of GP A 98-4, SPA 2, and "A" Tentative Tra~t Map No. 28766; WHEREAS, on July 7, 1999, the City Planning Commi$sion held a duly noticed public hearing to consider GP A 98-4, Liberty Specific Plan Amendment No.2, TIM 28766, and SMND 99- 3, and following such public hearing, voted unanimously to recommend that the City Council: (l) certify and adopt SMND 99-3 as meeting the requirements of CEQA and the CEQA Guidelines, (2) approve GPA 98-4; (3) adopt the Liberty Specific Plan Amendment No.2, and (4) approve "A" Tentative Tract Map No. 28766; WHEREAS, the City Council held a duly noticed public hearing on July 27, 1999, for the purposes of certifying and adopting SMND 99-3, and considering GP A 984,Liberty Specific Plan Amendment No.2 and TIM 28766; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, SMND 99-3 was considered by the City Council and found to adequately address the potential environmental impacts of General Plan Amendment No. 98-4, SPA 2, and TIM 28766. The City Council considered the information contained in SMND 99-3 prior to approval of General Plan Amendment No. 98-4, and upon finding that SMND 99-3 represents its independent judgment, the City Council adopted Resolution No. 99- _ certifying SMND 99-3. ORDINANCE NO. .1052 PAGE 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE THAT: - Section 1: Upontbe recommendation of the.. Planning Commission and based upon the Findings adopted. herein with regard to the approval of Liberty Specific Plan Amendment No.2, the facts and findings in the staffreport, and facts and findings presented at the City's public hearings, the City Council hereby (i) finds that Liberty Specific Plan Amendment No. 2 is consistent with the General Plan of the City; and (it) approves and adopts Liberty Specific Plan Amendment No.2, and the Conditions of Approval for the Liberty Specific Plan Amendment No.2, General Plan Amendment No. 98-4, and "A" Tentative Tract Map No. 28766. In this regard, the City Council makes the following Findings based upon substantial evidence contained in the record of these proceedings: A. Liberty Specific Plan Amendment No. 2 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 m ,Gg,. of the California Govenunent Code and Section 17.99 of the City of Lake Elsinore Municipal Code. B. Liberty Specific Plan Amendment No.2 is consistent with the Goals, Policies and Objectives of the General Plan, and with all other applicable plans or policies adopted by the City. C. The development standards and regulations contained within Liberty Specific Plan Amendment No.2 supersede otherwise applicable City ordinances and codes to the ex:tent stated in the Conditions of Approval. Approval of Liberty Specific Plan Amendment No.2 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. D. Those issues, standards, guidelines, etc., not addressed in the East Lake Specific Plan as amended by Liberty Specific Plan Amendments No.1 and 2, or vested or fixed by the 1993 East Lake Development Agreement (as may be amended), will revert to the City Municipal Code in effect at the time applications for fUture projects are deemed complete. - E. The approval of Liberty Specific Plan Amendment No.2 will not result in any significant environmental impacts beyond those analyzed in Subsequent Mitigated Negative Declaration No. 99-3. F. The location of the land uses within Liberty Specific Plan Amendment No. 2 allows future development to be well-integrated with its surroundings. G. Liberty Specific Plan Amendment No.2 proposes land uses to be adequately serviced by existing andlor proposed public facilities and services. H. The overall design of Liberty Specific Plan Amendment No. 2 will produce an attractive, efficient and stable development. 1. Liberty Specific Plan Amendment No.2 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the Bast Lake Specific Plan area or within the City, nor. will it be injurious. to property or improvements in the East Lake Specific Plan area or within the City. J. The conditions of approval imposed on the project will b.e incorporated into Liberty Specific Plan Amendment No.2 to ensure that the issues identified by the Planning Commission and City Councilbaye been resolved. Section 2; 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 'lOtll; day.of August:, .;t9;9~~~.:, following vote: .. . . - . -..- .- AYES: COUNCILMEMBERS:BRINLEY, METZE, PAPE, SCHIFFNER KELLEY NOES: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ABSENT: ORDINANCE NO. .1052 PAGE 3 PASSED, UPON SECOND READING this 2,4'thday of August, 1999, by the followir.g vote: AYES: CO~CIL~~ERS:BRINLEY, METZE PAPE, SCHIFFNER, " KELLEY~_- , OOUNCILMEMBERS: NONE NOES: ABSTENTIONS: COUNCILMEMBERS: NONE COUNCILME:Ml3ERS NONE - ABSENT: LERK" -