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HomeMy WebLinkAboutOrd. No. 2004-1126 ORDINANCE NO. 1126 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING EAST LAKE SPECIFIC PLAN AMENDMENT NO.6 WHEREAS, Laing - CP Lake Elsinore LLC (Laing) has submitted an application for the East Lake Specific Plan Amendment No.6. The approximate 707-acre East Lake Specific Plan Amendment No. 6 area is located within the central portion of the East Lake area and is generally bounded by Malaga Road to the north, Mission Trail Road on the east, and future Bundy Canyon Road on the south; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on April 6, 2004 made its report upon the desirability and made its recommendations in favor of the East Lake Specific Plan No. 6 by adopting Planning Commission Resolution No. 2004-37 recommending to the City Council approval of the East Lake Specific Plan No. 6; and WHEREAS, the City Council of the City of Lake Elsinore convened at a regular meeting held on April 27, 2004. Public testimony was received and discussed. The matter was deferred to a City Council Study Session on June 10, 2004. Public testimony was received and discussed. The City Council held a duly noticed public hearing on July 27, 2004, for the purposes of considering the East Lake Specific Plan No.6; 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 July 27, 2004; and WHEREAS, the conditions recommended by the Planning Commission will be incorporated into the East Lake Specific Plan No. 6 to ensure that the issues ~dentified by the Planning Commission have been resolved. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the proposed East Lake Specific Plan No. 6, prior to approving such proposal. The City Council finds and determines that the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No.6 and Associated Applications is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the East Lake Specific Plan No.6, based upon the following findings and determinations: 1. The Supplemental EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of the East Lake Specific Plan Amendment No.6 and associated discretionary approvals. The - -- ORDINANCE NO. 1126 PAGE 2 East Lake Specific Plan Amendment No.6 and associated discretionary approvals will result in significant unavoidable air quality and noise impacts regardless of the adoption of feasible mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR, which was prepared in accordance with Section 15163 of the State CEQA Guidelines, includes tlie Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regardless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 2. The proposed applications will result in significant unavoidable cumulative air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regardless of the adoption of feasible mitigation measures. The prepared Statement. of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 3. The proposed applications may result in a signification effect on the environment, either directly or indirectly, as a result of significant unavoidable air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regardless of the adoption of feasible mitigation measures. These impacts may result in a signification effect on the environment. The prepared Statement of Overriding. Considerations "balances" the proposed project against its unavoidable environmental effects. 2 ORDINANCE NO. 1126 PAGE 3 4. The City Council finds the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 to be complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. The Supplemental EIR, which was prepared in accordance with Section 15163 of the State CEQA Guidelines, includes the Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regardless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 5. In accordance with Section 15091 of the CEQA Guidelines, the Statement of Findings included within the Supplemental EIR makes written findings for each significant environment effect associated with the proposed applications. 6. The City Council finds that all significant effects on the environment associated with the approval of the proposed applications have. been eliminated or substantially lessened where feasible and that the remaining air quality and. noise impacts found to be unavoidable, are acceptable due to overriding concerns. 7. The City Council finds that the Supplemental EIR reflects the City's independent judgment and analysis. SECTION 2. Upon the recommendation ofthe Planning Commission and based upon the Findings adopted herein, the City Council hereby approves and adopts the East Lake Specific Plan No.6. In this regard the City Council makes the following Findings based upon substantial evidence contained in the record of these proceedings: 1. Specific Plan Amendment No. 6 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. . The Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase 1 area. 3 ORDINANCE NO. 1126 - PAGE 4 2. Specific Plan Amendment No. 6 shall be implemented consistently with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. The Specific Plan Amendment No.6 document is consistent with the General Plan and other plans and policies of the City. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase 1 area. 3. Those issues, standards, guidelines, and requirements not addressed in the East Lake Specific Plan Amendment No.6 will revert to the 1993 East Lake Specific Plan, City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. The Specific Plan Amendment No.6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase 1 area. Those standards, guidelines, and requirements that are silent in the document, will revert to the original 1993 East Lake Specific Plan, City Municipal Code, and Zoning Code. 4. Development standards and regulations contained in East .Lake Specific Plan Amendment No.6 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No.6 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. The Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase 1 area. Those standards, guidelines, etc. that are silent in the document, will revert to the original 1993 East Lake Specific Plan, City Municipal Code, and Zoning Code. 5. Location of East Lake Specific Plan Amendment No.6 allows future development to be well-integrated with its surroundings. . The proposed project will construct residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. 6. Specific Plan Amendment No.6 will be adequately serviced by existing and/or future public facilities and services. 4 ., ( ....., . -"-. ~- , ORDINANCE NO. 1126 PAGEs Future development is cQnditioned and required to acquire will-serve letters and clearances from public services and utility agencies, prior to construction. 7. Overall design of Specific Plan Amendment No. 6 will produce attractive, efficient and stable development. The proposed project will construct residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No.6 document, these proposed land uses will be attractive, efficient, and stable. Future development requires Design Review approval which ensures attractive projects are constructed. 8. Specific Plan Amendment No.6 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. Future projects require Design Review approval which ensures safe development is constructed within the Phase 1 area. Future development is also required to comply with the Uniform Building Code and applicable Municipal Code regulations which further ensures safety and welfare. SECTION 3: 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 27th day of July, 2004, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE~ " s ORDINANCE NO. 1126 - PAGE 6 PASSED, UPON SECOND READING this 26 of August, 2004, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE (SEAL) APPR9VED AS TO FORM: , 6 -- 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 on the 27th day of July, 2004, and presented for second reading by title only for adoption on the 26th day of August, 2004, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: 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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1126 of said Council, and that the same has not been amended or repealed.