HomeMy WebLinkAboutOrd. No. 2005-1146
ORDINANCE NO. 1146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC
PLAN NO. 89-3, LOCATED SOUTH OF GREENWALD
AVENUE, NORTH OF THE EXISTING TUSCANY HILLS
COMMUNITY, WEST OF THE CANYON LAKE
COMMUNITY, AND EAST OF UNDEVELOPED LAND
WITHIN THE RAMS GATE SPECIFIC PLAN, AND
KNOWN AS ASSESSOR'S PARCEL NOS. 349-280-017, -019,
-021, -024 THRU -029, -034; 349-290-004, -017 THRU -021;
349-390-001 THRU -004, -015 AND -016.
WHEREAS, an application has been filed with the City of Lake Elsinore by
Centex Homes to amend the Tuscany Hills Specific Plan No. 89-3; and
WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular
meeting held on March 1, 2005, made its report upon the desirability of the proposed
project and made its recommendation in favor of Amendment No. 1 to the Tuscany Hills
Specific Plan No. 89-3 by adopting Planning Commission Resolution No. 2005-30
recommending to the City Council approval of Amendment No. 1 to the Tuscany Hills
Specific Plan; 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 March 22,
2005;
NOW THEREFORE, the City Council of the City of Lake Elsinore DOES
HEREBY RESOLVE as follows:
SECTION 1. The City Council has considered proposed Amendment No.1 to
the Tuscany Hills Specific Plan No. 89-3 prior making a decision. The City Council
certifies that the Final Subsequent Environmental Impact Report, SCH # 2004071082,
prepared for this project is adequate and prepared in accordance with the requirements of
the California Environmental Quality Act (CEQA) which analyzes environmental effects
of the proposed project.
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ORDINANCE NO. 1146
AMENDMENT NO.1 TO TUSCANY HILLS SP
MARCH 22, 2005
PAGE 2 OF5
SECTION 2. That in accordance with State Planning and Zoning law and the
City of Lake Elsinore Municipal Code, the following findings for the approval of
Amendment No. 1 to the Tuscany Hills Specific Plan No. 89-3 have been made as
follows:
1. The location and design of the proposed development is consistent with the goals and
policies of the City's General Plan and with any other applicable plan or policies
adopted by the City, or in the process of being prepared and adopted.
a. The General Plan supports the development of the Tuscany Hills Specific Plan as
a comprehensive and cohesive community. The proposed Amendment has been
reviewed and conditioned to enhance and update the original Specific Plan.
b. The proposal has been designed to support the objectives of the Multi-Species
Habitat Conservation Plan recently adopted by the City, by providing a 2,000 foot
wide wildlife corridor within its boundaries that link habitat to the north and
southwest of the project site.
2. The proposed location allows the development to be well-integrated with or
adequately buffered from its surroundings, whichever may be the case.
a. The proposed Amendment integrates development of the northern half of the
Specific Plan with the southern existing community, by extending vital roadways,
by the provision of additional infrastructure facilities and by maintaining the
quality of architecture, landscaping and monumentation in the area.
b. The proposed Amendment is buffered from the existing Canyon Lake community
with the provision of natural open space along its eastern boundary.
c. The proposed Amendment has incorporated a fuel modification zone within its
boundaries in order to buffer residences from the natural open space provided on
its western boundary.
3. All vehicular traffic generated by the development, either in phased increments or at
full build-out, is to be accommodated safely and without causing undue congestion
upon adjoining streets.
a. A Traffic Impact Analysis was prepared for this project, and the project has been
conditioned to implement the recommendations set forth in the Analysis.
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ORDINANCE NO. 1146
AMENDMENT NO.1 TO TUSCANY HILLS SP
MARCH 22, 2005
PAGE30F5
b. Furthermore, the City's Traffic Engineer has required that additional circulation
measures be imposed upon the project.
c. The Phasing Plan within Amendment No. I to the Tuscany Hills Specific Plan has
been reviewed and conditioned to provide access to construction vehicles and
future residents from State Highway 74 and Greenwald Avenue.
4. The Final Specific Plan shall identify a methodology to allow land uses to be
adequately serviced by existing or proposed public facilities and services.
a. The proposed Amendment has been review and conditioned to provide adequate
public services to the site.
b. The proposed Amendment provides a neighborhood park, a community park and
a recreational facility for its residents.
5. The overall design of the Specific Plan shall produce an attractive, efficient and stable
development.
a. The proposed Amendment will allow the construction of compatible residential
units in a design that promotes neighborhood identity.
b. The proposed Amendment will provide recreational amenities and natural open
space for its residents, while eliminating commercial uses from the residential
community.
6. In accordance with the requirements of the California Environmental Quality Act
(CEQA), impacts have been reduced to a level of non-significance, or in the case
where impacts remain, a statement of overriding considerations is recommended for
adoption to justify the merits of project implementation.
a. The Final Subsequent Environmental Impact Report identified several significant
environmental effects resulting from implementation of the project. Most of these
significant effects can be fully avoided/mitigated through the adoption of feasible
mitigation measures.
b. Two environmental effects cannot be reduced to less than significant levels by the
adoption of feasible mitigation measures or feasible environmentally superior
alternatives.
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ORDINANCE NO. 1146
AMENDMENT NO.1 TO TUSCANY HILLS SP
MARCH 22, 2005
PAGE40FS
c. Short and long-term impacts to air quality and transportation, and traffic impacts
at one intersection have been identified as unavoidable and significant, and
require a Statement of Overriding Considerations, which has been prepared for
this project.
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.
NOW, THEREFORE, based on the above findings, the City Council of the City
of Lake Elsinore DOES HEREBY APPROVE Amendment No. 1 to the Tuscany Hills
Specific Plan No. 89-3.
INTRODUCED AND APPROVED UPON FIRST READING this 2ih day of
March, 2005 by the following roll call vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: NONE
ORDINANCE NO.1146
AMENDMENT NO.1 TO TUSCANY HILLS SP
MARCH 22, 2005
PAGE 5 OF5
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 12th
day of April, 2005, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY
MAGEE, SCHIFFNER
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
J~
Ro rt E. Magee, M
City of Lake EIsinor
(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 on the 22nd day of
March, 2005, and presented for second reading by title only for adoption on the 12th day of
April, 2005, and approved, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES:
COUNCILMEMBERS:
NONE
-.
ABSENT: COUNCILMEMBERS:
0r~1'~1"y CtUNCILMEMBERS:
JA~LERK
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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1146 of said Council, and that the same has not been amended or repealed.
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~. A. T. D:.APril. 1.5' 2005
~)\.1/ I
_V~~~LERK
~ -
CITY OF LAKE ELSINORE
(SEAL)
CONDITIONS OF APPROVAL FOR
AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3
APNs 349-280-017. -019. -021. -024 thru -029 and -034~
349-290-004. and -017 thru -021: 349-390-001 thru -004. -015 and -016
PLANNING DIVISION
1. The applicant shall defend (with counsel acceptable to the Gt}1, indemnify, and hold harmless
the Gty, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding
against the Gty, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul
an approval of the Gty, its advisory agencies, appeal boards or legislative body concerning
Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3, which action is brought within
the time period provided for in California Government Code Sections 65009 and! or 66499.37,
and Public Resources Code Section 21167. The Gty will promptly notify the Applicant of any
such claim, action, or proceeding against the Gty and will cooperate fully with the defense. If
the Gty fails to promptly notify the Applicant of any such claim or proceeding, the Applicant
shall not, thereafter, be responsible to defend, indemnify, or hold harmless the Gty.
2. The City intends to file a Notice of Determination with the Riverside County Clerk's office
within five (5) business days from the approval of this map by the City Council. The
applicant shall forward to the Planning Department secretary, a check made payable to the
Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This
check shall be received by the secretary no more than 48 hours from the approval by the
Council.
3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for
this project, as printed with the certified Final Subsequent Environmental Impact Report
(State Clearinghouse #2004071082).
4. The applicant shall fund the implementation of the MMP through every stage of
development. The City shall appoint an environmental monitor who shall periodically
inspect the project site, documents submitted by the applicant, permits issued, and any other
pertinent material, in order to monitor and report compliance to the City until the
completion of the project.
5. Construction on the project is subject to the terms and conditions of the Development
Agreement by and between the City of Lake Elsinore and Centex Homes and recorded by
the Riverside County Recorder on December 8,2003.
6. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community
Development Department within 30 days of approval.
7. The applicant shall submit 15 final revised copies upon approval of Amendment No. 1 to the
Tuscany Hills Specific Plan No. 89-3.
Page 1 of 2
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CONDITIONS OF AFPROV AI.. FOR
AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3
AFNs 349-280-017. -019. -021. -024 thru -029 and -034;
349-290-004. and -017 thru -021; 349-390-001 thru -004. -015 and -016
8.
The applicant shall install stamped concrete adjacent to the raised landscaped medians on
Summerhill Drive and "B" Street. The location and width shall be reviewed and approved by
the Community Development Department and the GtyTraffic Engineer.
9.
Construction vehicles shall use Greenwald Avenue to "B" Street to access the site, in order to
avoid traveling through existing residential neighborhoods.
1 O. The developer shall provide an educational interpretive sign program along the open space
areas for the benefit of families interested in the Multi-Species Habitat Conservation Program
(End of Conditions)
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