HomeMy WebLinkAbout0010_1_Indoor Commercial Sports Facility - OrdinanceORDINANCE NO. 2017-____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2016-01 FOR AN
APPROXIMATELY 520,000 SQUARE FOOT INDOOR COMMERCIAL SPORTS
FACILITY ON 23.12 ACRES OF DISTURBED VACANT LAND
Whereas, Stephen Harrison, on behalf of the LE Diamond Sports Center (Applicant), has
requested approval of Development Agreement 2016-01 (Exhibit A) for an approximately
520,000 square foot indoor commercial sports facility on 23.12 acres of disturbed vacant land.
The Project site is located adjacent to and north of the Lake Elsinore Storm baseball stadium,
east of the Lake Elsinore/San Jacinto River Inlet, west of Diamond Drive and south of Lakeshore
Drive. The Assessor Parcel Numbers of the site are 373-210-037-8, 373-210-038-9, 373-210-
039-0, 373-210-043-3, 363-150-006-2, 363-161-029-7, 363-161-030-7, 363-161-031-8, 363-
161-032-9, 363-161-033-0, 363-161-034-1 and 363-161-035-2; and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 19.12 (Development
Agreements) the Planning Commission (Commission) has been delegated with the
responsibility of reviewing and making a recommendation to the City Council whether the
development agreement is consistent with the City’s General Plan and whether to approve the
development agreement; and,
Whereas,on February 7, at a duly noticed Public Hearing,the Commission considered evidence
presented by the Community Development Department and other interested parties with respect
to this item and adopted Resolution 2017-13 recommending that the City Council approve
Development Agreement 2016-01; and,
Whereas, pursuant to LEMC Chapter 19.12 the Council of the City of Lake Elsinore (Council)
has the responsibility of making decisions to approve, modify or disapprove recommendations
of the Commission for development agreements; and,
Whereas,on February 14, at a duly noticed Public Hearing, the City Council has considered
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, DOES
ORDAIN AS FOLLOWS:
Section 1. On October 18, 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
Commission adopted Resolution No. 2016-71 finding and determining that Addendum 1 to the
Diamond Specific Plan Environment Impact Report (EIR) (SCH 2009031084) is adequate and
prepared in accordance with the requirements of the California Environmental Quality Act
(CEQA), including a determination that Elsinore Valley Municipal Water District (EVMWD) has
sufficient water supply available to meet projected water demands for the Project and that
additional capacity would remain.
Section 2. On October 25, 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 Council
adopted Resolution No. 2016-127finding and determining that that Addendum 1 to the Diamond
CC Ord. No. 2017-______
Page 2 of 3
Specific Plan EIR (SCH 2009031084) is adequate and prepared in accordance with the
requirements of the CEQA, including a determination that EVMWD has sufficient water supply
available to meet projected water demands for the Project and that additional capacity would
remain.
Section 3. That in accordance with California Planning and Zoning Law and the LEMC Chapter
19.12, the City Council makes the following findings regarding Development Agreement No.
2016-01:
1. It is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan; and,
The proposed Development Agreement will facilitate the development of a large regional Sports
Complex Facility. The proposed facility is located in the Specific Plan General Plan Land use
designation and is located within the Ballpark District planning district. The Ballpark planning
district calls for an emphasis on mixed use entertainment, commercial, and residential uses.
Goal 1 implementation program asserts the City shall support land use applications consistent
with the Specific Plan. The use is permitted subject to the approval of a Conditional Use Permit.
Further, the proposed project is consistent with all development standards identified in the
Diamond Specific Plan Amendment No. 1. In addition, the proposed facility proposes an
entertainment oriented development which emphasizes the contemporary theme of the adjacent
Lake Elsinore Storm baseball stadium.
2. It is compatible with the uses authorized in, and the regulations prescribed for, the land use
district in which the real property is located; and,
The proposed Development Agreement will facilitate the development of a large sports complex
facility. The project is located in the Diamond Specific Plan Amendment No. 1 and is located in
the Mixed Use district. The Mixed Use District specifies the use of a Sports Arena is a permitted
use subject to the approval of a Conditional Use Permit, which was previously approved by the
City Council on October 25, 2016. At the time of the approval the project was found to be
consistent with uses authorized in the Diamond Specific Plan.
3. It is in conformity with public convenience, general welfare and good land use practices; and,
The approved Sports Complex development which will be facilitated through the proposed
Development Agreement was found to be a high value development which will have beneficial
impacts to the surrounding community. Furthermore, the approved Addendum 1 to the Diamond
Specific Plan Environmental Impact Report (EIR) (SCH 2009031084) identified adverse impacts
and mitigation to reduce these impacts to levels of less than significant.
4. It will not be detrimental to the health, safety and general welfare; and,
The proposed Development Agreement will facilitated the development a large regional sports
complex. The previously approved sports complex was found not to be detrimental to the health,
safety and general welfare.
5. It will not adversely affect the orderly development of property or the preservation of property
values; and,
The proposed Development Agreement will facilitated the development a large regional sports
complex. The previously approved sports complex was found not to adversely affect the orderly
development of property or the preservation of property values.
CC Ord. No. 2017-______
Page 3 of 3
6. It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed Development Agreement includes all mandatory provisions required by
Government Code § 65865.2 and does not include any provisions that are not authorized by the
Development Agreement Act.
Section 4. Based upon the evidence presented, the above findings, the City Council approves
Development Agreement 2016-01.
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 Resolution 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 take effect thirty (30) days after the date of its final passage or
such later date as may be designated by the City Council. 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 and ADOPTED at the Regular meeting of the City Council of the City of Lake Elsinore,
California, on the 28th day of February, 2017.
_____________________________
Robert E. Magee, Mayor
ATTEST:
____________________________
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2017-____ was introduced at the Regular meeting of February 14,
2017, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of
February 28, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_
Susan M. Domen, MMC
City Clerk