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HomeMy WebLinkAboutOrd. No. 2003-1090 ORDINANCE NO. 1090 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AMENDMENT NO. 1 TO SPECIFIC PLAN NO. 92-4, WHICH AMENDS CERT AlN SECTIONS OF THE LA LAGUNA ESTATES SPECIFIC PLAN BY CHANGING LAND USES AND MAKING REFINEMENTS, CLARIFICATIONS, AND UPDATES. THE LA LAGUNA SPECIFIC PLAN COVERS AN AREA WHICH INCLUDES PARCELS DESCRIBED AS APN 391-260-040, -047, -050, AND -051. WHEREAS, K Hovnanian Forecast Homes has initiated proceedings to amend the La Laguna Specific Plan by proposing modifications to eliminate single-family attached dwellings and replace them with detached single-family dwellings, modifying development standards, revising phasing of development, re-aligning a proposed multi-purpose trail, and providing refinements, clarifications, and updates to the Specific Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on February 4, 2003 made its report upon the desirability of the proposed project and made its recommendations in favor of said Amendment No. 1 to SP No. 92-4 by adopting Planning Commission Resolution No. 2003-02 recommending to the City Council approval of Specific Plan No. 92-4, Amendment No.1; and WHEREAS, public notice of said application 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 February 25,2003; NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed Specific Plan No. 92-4, Amendment No. I, prior to making a decision to approve the proposed amendment to the La Laguna Specific Plan. The City Council finds and determines that Amendment No. 1 to the La Laguna Estates Specific Plan does not propose substantial changes to the Plan that would cause significant environmental effects. The proposed replacement of product is actually a deintensification of land use, resulting in less impact to the environment. No new significant environmental effects, nor an increase in the severity of previously identified significant effects, are anticipated. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been incorporated into Amendment No. 1. The Mitigation Monitoring Program already applicable to the project site has been updated to include current federal, state and City guidelines and requirements. ORDINANCE NO. 1090 - PAGE NO.2 Therefore, the City Council has determined that no further environmental documentation for Amendment No.1 to the La Laguna Estates Specific Plan beyond the certified EIR for the Plan is necessary, pursuant to Section 15162 -Subsequent EIRs and Negative Declarations, of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Specific Plan No. 92-4, Amendment No. 1 have been made as follows: 1). The proposed Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4 will not be: a) detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed amendment or within the City, or b). injurious to the property or improvements in the neighborhood or within the City. 2). The proposed Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4 will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. 3). The proposed Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4 would establish a land use density and usage more in character with the subject property's location, access and constraints. 4). The proposed Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4 will not have a significant effect on the environment. 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. INTRODUCED AND APPROVED UPON FIRST READING this 25th day of February, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE - ORDINANCE NO. 1090 PAGE NO.2 ABSTAIN: COUNCILMEMBERS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day of March, 2003, upon the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBE APPROVED AS TO FORM? /1 / I,' ,/ ~~ n (SEAL) - 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 introduced and read by title only for adoption on the 25th day of February, 2003; and approved upon second reading by title only on the 11th day of March, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, BRINLEY KELLEY, NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: ~~ST~' fOUNCILMEMBERS: O~~ L/~:x/J \ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE NONE NONE (SEAL) 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. 1090 of said Council, and that the same has not been amended or repealed. D TED: March 13, 2003 VI~J~Jy CLERK CITY OF LAKE ELSINORE (SEAL)