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HomeMy WebLinkAboutOrd. No. 2015-1341ORDINANCE NO. 2015 -1341 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING AMENDMENT NO. 1 TO THE VILLAGES AT LAKESHORE SPECIFIC PLAN WHEREAS, Peter M. Olah, has filed an application with the City of Lake Elsinore requesting approval of amendments to the previously approved The Village at Lakeshore Specific Plan No. 2015 -01 (Specific Plan Amendment No. 2014 -02) proposing a single - family detached condominium project and building designs for 163 detached condominiums and related improvements located at the northwest corner of Grand Avenue and Riverside Drive (Assessor Parcel Numbers 379 - 050 -006, 379 - 050 -034, 387- 170 -004; 387 -170 -006, 387 - 180 -001, 387 - 080 -003, and 387 -080 -004); and WHEREAS, Government Code Section 65453(a) states that a specific plan shall be amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body; and WHEREAS, pursuant to Paragraph A of LEMC Section 17.204.130 (SPD Specific Plan District) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the approval or denial of specific plans subject to specified modifications and conditions; and WHEREAS, on May 5, 2015 at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department and other interested parties and adopted Resolution No. 2015 -41 recommending City Council approval of Amendment No. 1 to The Village at Lakeshore Plan; and WHEREAS, pursuant to Paragraph B of LEMC Section 17.204.130 (SPD Specific Plan District) the City Council has the authority to approve, approve with modifications or conditions, or deny the final specific plan; and WHEREAS, on June 23, 2015 at a duly noticed public hearing, the City Council considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAINS AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed specific plan amendment pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed specific plan amendment is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. Ordinance No. 2015 -1341 Page 2 of 4 SECTION 2. The City Council finds and determines that the combined mitigation measures included in Mitigated Negative Declaration (MND) No. 2006 -05 (State Clearinghouse No. 2006017027) and Addendum #1 to the MND adequately reduce any potential significant impacts to levels of less than significant impacts, thus no additional environmental analysis is warranted. SECTION 3. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Amendment No. 1 to the Village at Lakeshore Specific Plan No. 2005 -01 (SPA 2014 -02): 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. Amendment No. 1 to the Village at Lakeshore Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et se p. of the California Government Code and Section 17.204 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan Amendment complies with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed location shall allow the development to be well- integrated with or adequately buffered from its surroundings, whichever may be the case. The proposed detached single- family residential dwelling units as described by the proposed amended Specific Plan provide residential development with that is consistent with the previously developed adjacent areas. 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. The width and type of pavement needed to carry the type and quantity of traffic that will be generated due to implementation of Amendment No. 1 of the Village at Lakeshore Specific Plan has been reviewed and accounted for. The City has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit and bicycle. 4. Amendment No. 1 of the Village at Lakeshore Specific Plan identifies methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by the Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. Ordinance No. 2015 -1341 Page 3 of 4 The Amendment No. 1 to the Village at Lakeshore Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. The applicant/developer shall develop adequate internal recreational facilities and pay in -lieu fees that will offset any impacts to the community. 5. The overall design of Amendment No. 1 to the Village at Lakeshore Specific Plan No. 2005 -01 (SPA 2014 -02) will produce an attractive, efficient and stable development. All applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Amendment No 1 to the Village at Lakeshore Specific Plan and all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances have been implemented, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. Mitigated Negative Declaration (MND) No. 2006 -05 (State Clearinghouse No. 2006017027) was adopted by the City Council on September 12, 2006. The MND adequately addressed the potential impacts of the proposed and approved project. In accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the proposed amendments to previously approved projects do not present substantial changes or reveal new information that would require Subsequent or Supplemental CEQA analysis. However, some changes or additions to the information contained in the adopted Mitigated Negative Declaration is necessary in order to approve the proposed project. For this reason an Addendum to the Mitigated Negative Declaration has been prepared. The combined mitigation measures included in Mitigated Negative Declaration (MND) No. 2006 -05 (State Clearinghouse No. 2006017027) and the Addendum adequately reduce any potential significant impacts to levels of less than significant impacts, thus no additional environmental analysis is warranted. SECTION 4. Based upon the evidence presented, both written and testimonial and such other matters as reflected in the record, and the above findings, the City Council hereby adopts Amendment No. 1 to The Village at Lakeshore Specific Plan. Ordinance No. 2015 -1341 Page 4 of 4 SECTION 5. This Ordinance shall take effect from and after the date of its passage and adoption. APPROVED AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 23rd day of June 2015; and Adopted at the regular meeting of the City Council of the City of Lake Elsin4,e, California on the 14th day of July 2015. os, Mayor ATTEST: Virginia . Bloo , City Clerk APPROVED AaTOORM- 1614�w B ara Leibold, ity Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2015 -1341 was introduced at the regular City Council meeting of June 23, 2015, and adopted at the regular meeting of July 14, 2015, by the following roll call vote: AYES: Mayor Pro Tern Tisdale, Council Member Hickman, Council Member Johnson, Council Member Magee, and Mayor Manos NOES: None ABSENT: None :kBS , A. None Virginia j. Bloo , City Clerk