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HomeMy WebLinkAboutOrd. No. 2016-1361 Adopting the Alberhill Villages Specific PlanORDINANCE NO. 2016 -1361 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE ALBERHILL VILLAGES SPECIFIC PLAN NO. 2010 -02 AND ADOPTING ZONE CHANGE NO. 2012 -02 WHEREAS, Pacific Clay Products, Inc. submitted an application to the City of Lake Elsinore ( "City ") requesting approval of the Alberhill Villages Specific Plan No. 2010 -02 and its related cases ( "Project ") relating to properties located just south of Interstate 15 and west of Lake Street; the eastern project boundary borders Lake Street, the southeastern project boundary borders the Murdock Alberhill Ranch Specific Plan residential development, the western boundary borders the 1,000 -acre Horsethief Canyon Ranch single - family development, and the southwest boundary borders the Cleveland National Forest ( "the Properties "); and, WHEREAS, Pacific Clay Products, Inc. also filed an application with the City of Lake Elsinore to change the zoning of the City's Official Zoning Map Zone Change No. 2012 -02 ( "Zone Change ") for properties located just south of Interstate 15 and west of Lake Street; the eastern project boundary borders Lake Street, the southeastern project boundary borders the Murdock Alberhill Ranch Specific Plan residential development, the western boundary borders the 1,000 -acre Horsethief Canyon Ranch single - family development, and the southwest boundary borders the Cleveland National Forest ( "the Properties ") from RMU (Residential Mixed Use), HR (Hillside Residential), LDR (Low Density Residential), MDR (Medium Density Residential), HDR (High Density Residential), R (Recreational), OS (Open Space), PI (Public Institutional), GC (General Commercial) and CMU (Commercial Mixed Use) to AVSP ( Alberhill Villages Specific Plan); and, WHEREAS, the proposed Specific Plan is consistent with the subject property's adopted Low Density Residential ( "LDR "), Medium Density Residential ( "MDR "), High Density Residential ( "HDR "), Residential Mixed Use ( "RMU "), General Commercial ( "GC "), Commercial Mixed Use ( "CMU "), and Open Space ( "OS "), General Plan Land Use Designations which would allow a maximum of 8,244 dwelling units; and, WHEREAS, the Specific Plan and Zone Change conform to and are consistent with the proposed General Plan Amendment No. 2012 -01 that accompany them for the Properties; and, WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines "); and, WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; the Initial Study also determined that some impacts could not be mitigated to insignificant levels and a Draft Environmental Impact Report (DEIR) was prepared (SCH# 2012061046); and, WHEREAS, pursuant to CEQA Guidelines, on or about June 14, 2012 the City. transmitted for filing a Notice of Preparation of the Draft EIR; and pursuant to CEQA Guidelines on July 17, 2012, the City held a duly noticed scoping meeting in order to facilitate consultation regarding the scope and content of the DEIR; and in accordance with CEQA Guidelines Section 15073, COUNCIL ORDINANCE NO. 2016 -1361 PAGE 2 OF 5 the DEIR was made available for public review and comment for fifty -five (55) days beginning on November 5, 2015, and ending on December 31, 2015; and, WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to proposed Specific Plans, General Amendments, and Zone Changes; and, WHEREAS, on February 2, 2016, at a Planning Commission work session and on February 16, 2016, at a duly noticed public hearing the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2016 -16 recommending that the City Council certify the EIR for the Project and adopted Planning Commission Resolution No. 2016- 19 recommending the City Council approve the Alberhill Villages Specific Plan No. 2010 -02 and Zone Change No. 2012 -02 by ordinance; and, WHEREAS, in response to comments to the DEIR and in preparation of the Final Environmental Impact Report (FEIR) and Mitigation Monitoring and Reporting Program, City staff has recommended certain revisions to the proposed Specific Plan, including a reduction of approximately 25 acres from the proposed 1,400 acre Project site and a three to five percent reduction in residential and non - residential development; and, WHEREAS, pursuant to Section 17.188.050 and Section 17.204.130 of the Lake Elsinore Municipal Code, the City Council has the authority to approve, modify, conditionally approve or deny zone changes, specific plans and general plan amendments; and, WHEREAS, on June 14, 2016, at a duly noticed public hearing, the City Council has considered the recommendation of the Planning Commission as well as evidence and recommendations 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 RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. On June 14, 2016, after consideration and evaluation of all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record of the noticed public hearing on the Project, the City Council adopted Resolution No. 2016 -076 finding and determining that the Environmental Impact Report (State Clearinghouse No. 2012061046: the "EIR ") is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA); that the DEIR was made available for public review and comment for fifty -five (55) days beginning on November 5, 2015, and ending on December 31, 2015; that responses to comments received during the public review period were prepared and incorporated into the FEIR and that the Draft and the FEIR represents the City's independent judgment. Based upon those findings and determinations, the City Council by Resolution No. 2016 -076 certified the FEIR, adopted certain environmental findings, and adopted a Mitigation Monitoring and Reporting Program. The FEIR provides the necessary environmental clearance for Alberhill Villages Specific Plan No. 2010 -02 and Zone Change No. 2012 -02. COUNCIL ORDINANCE NO. 2016 -1361 PAGE 3OF5 Section 2. The City Council has reviewed and analyzed the proposed Alberhill Villages Specific Plan No. 2010 -02 and Zone Change No. 2012 -02 pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and proposed General Plan Amendment, and the Lake Elsinore Municipal Code and finds and determines that the proposed Alberhill Villages Specific Plan No. 2010 -02 and Zone Change No. 2012 -02 are consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and proposed General Plan Amendment and the Lake Elsinore Municipal Code. Section 3. That in accordance with the State Planning and Zoning Law and Chapter 17.204 (SPD Specific Plan District) of the Lake Elsinore Municipal Code, the City Council hereby makes the following findings for the approval of the Alberhill Villages Specific Plan No. 2010 -02 and Zone Change No. 2012 -02: 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. The land uses and densities associated with the Alberhill Villages Specific Plan provide a variety of lot and home size product type and non - residential uses in order to implement the objectives of the City's General Plan and the project proponents. It also includes a land use change from the existing General Plan designations of Low Density Residential, Medium Density Residential, High Density Residential, Residential Mixed Use, General Commercial, Commercial Mixed Use, and Open Space for the 1, 375 -acre site. Using these designations, the City's General Plan allows a maximum of 8,244 dwelling units and 4,007,000 square feet of non - residential uses. The proposed project allows a maximum of 8,024 homes and 3,810,300 square feet of non - residential uses. 2. The proposed Specific Plan and Zone Change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed Alberhill Villages Specific Plan and Specific Plan Zoning will allow for the development of the Alberhill Villages Specific Plan, a master planned development with approximately 8,024 dwelling units; 3,810,300 square feet of non - residential uses including civic /institutional, commercial /retail, professional office /medical and entertainment uses; a university campus or similar education institution; and supporting uses including schools, parks, places of religious assembly, open spaced and green belt paseos. 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. COUNCIL ORDINANCE NO. 2016 -1361 PAGE 4 OF 5 A Traffic Impact Analysis dated October 14, 2015, was prepared by Linscott, Law and Greenspan (LLG) for the Alberhill Villages Specific Plan and its related cases. The Traffic Impact Analysis provided mitigation measures through all phases of development of the Specific Plan. Additionally, the Alberhill Villages Specific Plan has been conditioned to provide infrastructure road improvements to Lake Street, Nichols Road and Tesmescal Canyon Road as well as providing additional paved access to proposed residential and non - residential development within the project site and in proximity to the project site. 4. The overall design of the specific plan will produce an attractive, efficient and stable development. Design standards and guidelines have been incorporated into the specific plan to ensure an attractive, efficient and vibrant project. Visual graphics and photos accompany the design guidelines that capture the atmosphere and cohesiveness that the specific plan seeks to emulate. 5. The proposed Specific Plan and Zone Change will not be a) detrimental to the health, safety, comfort or general welfare of the 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. The proposed Zone Change has been analyzed relative to its potential to have detrimental effects and conditions have been imposed on the subject project to ensure that the health, safety and welfare of surrounding residents will be protected. 6. The proposed development will not have a significant effect on the environment. The effects of the project has been analyzed in the FEIR (SCH #2012061046) prepared for the Alberhill Villages Specific Plan and its related cases, and adequate mitigation measures have been prepared where necessary. Section 4. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby adopts Alberhill Villages Specific Plan No. 2010 -02 and Zone Change No. 2012 -02. Section 5. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable. Section 6. This Ordinance shall become effective at 12:01 a.m. on the thirty -first (31st) day after the date of adoption. COUNCIL ORDINANCE NO. 2016 -1361 PAGE 5 OF 5 Section 7. The City Clerk shall certify to the passage of this Ordinance and shall cause a synopsis of the same to be published according to law. PASSED AND ADOPTED, at a meeting of the City Council of the City of Lake Elsinore, California, on the 28th day of June, 2016, Robert E. Magee, Mayor Pro Tern ATTEST: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) APP OVFD AS TO FOR [Tatbara Leibold City Attorney I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2016 -1361 was introduced at the regular City Council meeting of June 14, 2016, and adopted at the regular City Council meeting of June 28, 2016, by the following roll call vote: AYES: Council Members Johnson and Manos; and Mayor Pro Tern Magee NOES: None ABSENT: Council Member Hickman and Mayor Tisdale ABSTAIN: None Susan M. Domen, MMC City Clerk