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HomeMy WebLinkAboutItem No. 12 Downtown LESP 2018-02Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ORD 2018- Agenda Date: 10/9/2018 Status: Consent AgendaVersion: 1 File Type: OrdinanceIn Control: City Council / Successor Agency Agenda Number: 12) Page 1 City of Lake Elsinore Printed on 10/4/2018 ORDINANCE NO. 2018- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE DOWNTOWN ELSINORE SPECIFIC PLAN (SP 2018-02) Whereas,on December 13, 2011, the City Council (Council) of the City of Lake Elsinore (City) adopted Ordinance No. 2011-1295 approving the Downtown Master Plan, Key to Downtown Implementation Plan and Downtown Code, which were a vision and strategic framework to guide the future development of the City’s downtown core; and, Whereas, the City initiated the Downtown Elsinore Specific Plan (SP 2018-02) to create a more flexible development plan that will replace the previously approved 2011 Downtown Master Plan and related documents (2011 DMP); and, Whereas,the SP 2018-02 establishes a vision, land use plan and development standards that are intended to enhance Downtown vitality by creating a safe, vibrant and walkable downtown centered along Main Street, make Downtown a centralized destination for community activities and for 18-hour a day activities for families and individuals, and create a “park-once-and-walk” district; and, Whereas,the 178-acre SP 2018-02 covers an approximately mile-long area centered on Main Street along the historic U.S. Route 395, extending from Flint Street along its northern edge, southwesterly to the edge of the Lake and generally bounded by Riley Street and the Lake Elsinore Outlet Channel on the west and Ellis Street and Chestnut Street on the east; and, Whereas,pursuant to Lake Elsinore Municipal Code Chapter 17.204 (SPD Specific Plan District) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council for approval of specific plans; and, Whereas,on September 4, 2018, at a duly noticed public hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted Commission Resolution No. 2018-69 recommending that the Council approve the SP 2018-02 by Ordinance; and, Whereas,pursuant to Section 17.204.130 of the LEMC, the Council has the authority to approve, approve with modifications or conditions, or deny specific plans; and, Whereas,on September 25, 2018, at a duly noticed public hearing, the Council has considered the recommendation of the 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 DOES HEREBY ORDAIN: Section 1.The Council has reviewed and analyzed the proposed SP 2018-02, pursuant to the California Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (General Plan) and the LEMC and finds that the proposed SP 2018-02 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the General Plan and the LEMC. Ord. No. 2018-___ Page 2 of 4 Section 2.That in accordance with the California Government Code, Title 7, Division 1, Article 8, Sections 65450 through 65457, California Planning and Zoning Law, and the LEMC, the Council makes the following findings for the approval of SP 2018-02: 1. The location and design of the proposed development are consistent with the goals and policies of the City’s General Plan and with any other applicable plan or policies adopted by the City. a. The SP 2018-02 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 17.204 of the LEMC. Appendix A of the SP 2018-02 document describes the SP 2018-02’s consistency with each applicable General Plan goal and policy. Therefore, the proposed DESP complies with the objectives of the General Plan and the purpose of the planning district in which the plan is located. 2. The proposed location allows development to be well integrated with or adequately buffered from its surroundings, whichever may be the case. a. The 2011 Downtown Master Plan was originally adopted on December 13, 2011, and the location remains relatively unchanged by the proposed SP 2018-02. b. The SP 2018-02 does not include the area located between Spring Street and Ellis Street, and between Flint Street and the Interstate 15 Freeway, although it had been included in the 2011 Downtown Master Plan, in order to recognize existing industrial and commercial land uses that do not reflect the vision of the SP 2018-02. Rather than create non- conforming uses with the adoption of the SP 2018-02, this area will be given Business Professional and General Commercial land use designations. c. The SP 2018-02 encourages mixed-use land uses, which combine commercial with more dense residential development that supports commercial businesses. d. The SP 2018-02 capitalizes on the nearby Diamond Stadium and sports facility, as well as the existing Links at Summerly Golf Course, Skydive Elsinore, and the Lake Elsinore Motorsports Park by providing a downtown destination for visitors to the City. 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 by Urban Crossroads in August 2011 for the 2011 DMP, which provided mitigation measures for development. The SP 2018-02 retained the overall development potential within the parameters that were evaluated by the Analysis, and those applicable mitigation measures will apply to SP 2018-02 development. 4. The Specific Plan’s land uses will be adequately served by existing or proposed public facilities and services. a.SP 2018-02 identifies methodologies to assure that land uses will be adequately served by existing or proposed public facilities and services. Suitable areas are suggested for parks, pedestrian ways, and public open spaces. It also identifies necessary streets and Ord. No. 2018-___ Page 3 of 4 circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. 5. The overall design of the specific plan will produce an attractive, efficient and stable development. a.Design standards and guidelines are incorporated into the 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 Plan seeks to emulate. 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. a. The SP 2018-02 retains the overall development potential or recommends less intense uses as the existing 2011 DMP. In 2011, the Council of the City of Lake Elsinore certified the Program Environmental Impact Report (PEIR) (SCH No. 2005121019) and adopted the City’s 2011 General Plan Update, 2008-2014 Housing Element, Climate Action Plan, and the 2011 Downtown Master Plan (DMP). The PEIR analyzed the scope and nature of development proposed to meet the goals of downtown development as set out in the DMP along with identifying measures to mitigate, to the extent feasible, the significant adverse project and cumulative impacts associated with downtown development under the DMP. b. In addition to serving as the environmental document for the approval of the 2011 General Plan Update, Housing Element, Climate Action Plan, and DMP, the PEIR was intended by the City to be the basis for compliance with CEQA for future discretionary actions. Under CEQA guidelines for using program EIRs with later activities, if a proposed later activity involves no new or substantially more severe significant effects and no new mitigation measures would be required, a program EIR is deemed to have adequately analyzed the later activity for CEQA purposes and no further review under CEQA is required. c. The Downtown Elsinore Specific Plan (DESP) represents a reimagining of the DMP rather than a substantial revision. The PEIR included an analysis of the environmental effects and sets out mitigation measures needed to minimize or eliminate any identified impacts related to downtown development under the DMP. The overall development potential within the boundaries of the original DMP remains substantially unchanged under the DESP such that there are no new or substantially more severe significant effects and no new mitigation measures are necessary. Accordingly, PEIR serves as the required environmental documentation for the DESP, the General Plan Amendment and Zone Change. 7. The proposed DESP 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 Plan or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The focus of proposed land uses within the specific plan offers development opportunities that respond to the marketplace and are feasible within the constraints in the area. Ord. No. 2018-___ Page 4 of 4 Section 3.Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby adopts SP 2018-02. Section 4. Severability.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 5. Effective Date.This Ordinance shall become effective at 12:01 a.m. on the 31 st day after the date of adoption. Section 6. Certification. 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 on this 9th day of October 2018. Natasha Johnson 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. 2018-_____ was introduced at the Regular meeting of September 25, 2018, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of October 9, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Lake Elsinore, California on the _____day of __________, 2018, and on the ______day of _________, 2018. ____________________________ Susan M. Domen, MMC City Clerk ORDINANCE NO. 2018- ANORDINANCEOFCITYCOUNCILOFTHECITYOFLAKEELSINORE,CALIFORNIA, ADOPTING ZONE CHANGE NO. 2018-02 Whereas, the City of Lake Elsinore (City) initiated Zone Change No. 2018-02 to amend the zoning on certain properties identified as Assessor’s Parcel Nos. 377-242-003 through -007, -012, -013, -023, -028 and -029 from Gateway Commercial (GC) to Limited Manufacturing (M-1); properties identified as Assessor’s Parcel Nos. 377-242-014 through -016, -018, -020 through -022, and - 030; and 377-243-001 through -011, -013, -015 through -019 from Gateway Commercial (GC) to General Commercial (C-2); and properties located from Flint Street along its northern edge, southwesterly to the edge of the Lake and generally bounded by Riley Street and the Lake Elsinore Outlet Channel on the west and Ellis Street and Chestnut Street on the east from Business Professional (BP), Commercial Mixed Use (CMU), Downtown Recreation (DR), Floodway (F), General Commercial (C-2), High Density Residential (R-3), Medium Density Residential (MD), Open Space (OS), Public Institutional (PI), and Residential Mixed Use (RMU) to the Specific Plan Zone (SP); and, Whereas,pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.188 (Amendments) the Planning Commission (Commission) has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding zone changes, and, Whereas,on September 4, 2018, 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. 2018-71 recommending that the City Council (Council) approve Zone Change (ZC) No. 2018-02; and, Whereas,on September 25, 2018, at a duly noticed public hearing, the Council has considered the recommendation of the 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1.The Council has reviewed and analyzed proposed ZC No. 2018-02, pursuant to the California Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (General Plan) and the LEMC and finds that the proposed ZC is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the General Plan and the LEMC. Section 2.That in accordance with the California Government Code, Title 7, Division 1, Article 8, Sections 65450 through 65457, California Planning and Zoning Law, and the LEMC, the Council makes the following findings for the approval of ZC No. 2018-02: 1. The proposed ZC 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. a. The proposed ZC has been analyzed relative to its potential to have detrimental effects, and land use designations and regulations have been imposed to ensure that the health, safety and welfare of affected residents will be protected. Ord. No. 2018- Page 2 of 5 b. The rezoning of the existing business professional uses along Spring Street from the 2011 Downtown Master Plan’s Gateway Commercial zone to Limited Manufacturing (M-1) will ensure that all Limited Manufacturing uses along Spring Street will be treated fairly and equitably. c. The rezoning of commercial properties along Main Street between Interstate 15 and Flint Street from 2011 Downtown Master Plan’s Gateway Commercial zone to General Commercial (C-2) will ensure adequate buffering and screening of any residential uses within the area. 2. The proposed ZC is consistent with the General Plan. a. Zone Change No. 2018-02 is consistent with the General Plan as amended by General Plan Amendment No. 2018-02. b. General Plan Amendment No. 2018-02 changes the land use designation of parcels along Spring Street that have existing business professional uses from Gateway Commercial (GWC) to Business Professional (BP). c. General Plan Amendment No. 2018-02 changes the land use designation of parcels along Main Street between Interstate 15 and Flint Street from Gateway Commercial (GWC) to General Commercial (GC). 3. The proposed ZC will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. a. Adjacent properties along Spring Street have been developed under the M1-Limited Manufacturing Zone development standards. The proposed ZC will make the parcels subject to this proposed zone change to the M1-Limited Manufacturing Zone more consistent with adjacent properties. 4. The proposed ZC would establish a land use density, intensity and usage more in character with the subject property’s location, access and constraints. a. Properties along Spring Street have developed as an enclave of manufacturing uses, which the City encourages in order to provide jobs and a balance of land uses for the community. b. The subject properties along Main Street are adjacent to Interstate 15 and its southbound off-ramp and southbound on-ramp. As such, businesses and services that attract freeway motorists, such as those allowed by the General Commercial (C-2) zone, are the highest and best use of properties with quick access from the freeway. c. The Specific Plan (SP) zoning designation identifies that area that will be governed by the Downtown Elsinore Specific Plan (DESP) that is responsive to the unique location and development potential of the downtown area. 5.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. Ord. No. 2018- Page 3 of 5 a. The DESP retains the overall development potential or recommends less intense uses as the existing 2011 DMP. In 2011, the Council of the City certified the Program Environmental Impact Report (PEIR) (SCH No. 2005121019) and adopted the City’s 2011 General Plan Update, 2008-2014 Housing Element, Climate Action Plan, and the 2011 Downtown Master Plan (DMP). The PEIR analyzed the scope and nature of development proposed to meet the goals of downtown development as set out in the DMP along with identifying measures to mitigate, to the extent feasible, the significant adverse project and cumulative impacts associated with downtown development under the DMP. b. In addition to serving as the environmental document for the approval of the 2011 General Plan Update, Housing Element, Climate Action Plan, and DMP, the PEIR was intended by the City to be the basis for compliance with CEQA for future discretionary actions. Under CEQA guidelines for using program EIRs with later activities, if a proposed later activity involves no new or substantially more severe significant effects and no new mitigation measures would be required, a program EIR is deemed to have adequately analyzed the later activity for CEQA purposes and no further review under CEQA is required. c. The DESP represents a reimagining of the DMP rather than a substantial revision. The PEIR included an analysis of the environmental effects and sets out mitigation measures needed to minimize or eliminate any identified impacts related to downtown development under the DMP. The overall development potential within the boundaries of the original DMP remains substantially unchanged under the DESP such that there are no new or substantially more severe significant effects and no new mitigation measures are necessary. Accordingly, PEIR serves as the required environmental documentation for the DESP, the General Plan Amendment and ZC. Section 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby approves ZC No. 2018-02, making the following zone changes to the City of Lake Elsinore Official Zoning Map (Zoning Map), as shown in attached Exhibit 1. a. In accordance with Exhibit 1; change the Zoning Map designation from Gateway Commercial (GWC) to Limited Manufacturing (M-1) for Assessor’s Parcel Nos. 377-242- 003 through -007, -012, -013, -023, 028 and -029; and , b. In accordance with Exhibit 1; change the change the Zoning Map designation from Gateway Commercial (GWC) to General Commercial (C-2) for Assessor’s Parcel Nos. 377-242-014 through -016, -018, -020 through -022, and -030; and 377-243-001 through -011, -013, -015 through -019; and, c. In accordance with Exhibit 1; change the change the Zoning Map designation from Business Professional (BP), Commercial Mixed Use (CMU), Downtown Recreation (DR), Floodway (F), General Commercial (C-2), High Density Residential (R-3), Medium Density Residential (MD), Open Space (OS), Public Institutional (PI), and Residential Mixed Use (RMU) to the Specific Plan Zone (SP) for properties located from Flint Street along its northern edge, southwesterly to the edge of the Lake and generally bounded by Riley Street and the Lake Elsinore Outlet Channel on the west and Ellis Street and Chestnut Street on the east. Ord. No. 2018- Page 4 of 5 Section 4. Severability.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 5. Effective Date.This Ordinance shall become effective at 12:01 a.m. on the 31 st day after the date of adoption. Section 6. Certification. 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 on this 9th day of October 2018. ____________________________ Natasha Johnson 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. 2018- was introduced at the Regular meeting of September 25, 2018, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of October, 9th by the following vote: AYES: NOES: ABSENT: ABSTAIN: I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Lake Elsinore, California on the _____day of __________, 2018, and on the ______day of _________, 2018. ____________________________ Susan M. Domen, MMC City Clerk Ord. No. 2018- Page 5 of 5