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HomeMy WebLinkAbout2010-08-10 City Council Item No. 7CITY OF CCI LADE LSIIYOKE DREAM EXTREME- REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: AUGUST 10, 2010 SUBJECT: ORDINANCE AND RESOLUTION RESCINDING PROJECT APPROVAL FOR LAKE STREET MARKET PROJECT Background In January 2009, the Planning Commission approved several resolutions approving and/or recommending approval to the City Council of entitlements related to the development of the Lake Street Market project. Subsequently, in May, 2009, the City Council acted on those recommendations and approved an ordinance changing the zoning along with several related resolutions. Following approval of the project by the City Council, an organization known as the Voters Against Lake Street Market filed a lawsuit against the City and the project's developer, Marinita Development Company, challenging those approvals. As required by the City's developer conditions, Marinita was charged with defending the approvals. In May, 2010, Marinita determined not to proceed with the proposed project at this time and reached a settlement with Voters Against Lake Street Market. Marinita has reimbursed the City $11,300 for City Attorney's fees related to the litigation. The settlement did not require any monetary payments from the City. However, the settlement does provide that the Superior Court issue a writ ordering the City to rescind all project approvals. The Superior Court issued that writ on June 28, 2010. Accordingly, the City must rescind all project approvals in order to be in compliance with the Court's order. Discussion The project approvals consist of a zone change ordinance, four City Council resolutions (approving MSHCP consistency, the Mitigated Negative Declaration, General Plan AGENDA ITEM NO. 7 Page 1 of 10 Ordinance and Resolution August 10, 2010 Page 2 Rescinding Project Approval amendment and commercial design review) and three Planning Commission resolutions (approving the CUP, a variance, and sign program). In keeping with the "equal dignity rule," an ordinance should be rescinded by a subsequent ordinance and a resolution should be rescinded by a subsequent resolution. Accordingly, attached for the City Council's consideration is an ordinance rescinding Ordinance No. 1264 which allowed for the original zone change. Also attached for the City Council's consideration is a resolution rescinding the various resolutions of the City Council and the Planning Commission related to the project. Because the City Council is the legislative body of the City charged with compliance with the Superior Court's mandate and ultimately responsible for land use decisions, the City Council has the power to rescind Planning Commission resolutions. Fiscal Impact None. Recommendation Waive further reading and introduce by title only an ordinance rescinding Ordinance No. 1264; and 2. Adopt the attached Resolution No. 2010-056 rescinding the project approvals previously approved by the City Council and the Planning Commission related to the Lake Street Market project Prepared by: Barbara Zeid Leibold City Attorney Approved by: Robert A. Brad City Manager Attachments: Ordinance Resolution Page 2 of 10 ORDINANCE NO. 1285 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE RESCINDING ORDINANCE NO. 1264 THAT APPROVED ZONE CHANGE NO. 2008-02 CHANGING THE ZONING DESIGNATION OF ASSESSOR PARCEL NUMBERS 389-030-014, 015, 016, 017, AND 018 FROM R-1 SINGLE FAMILY RESIDENTIAL TO C-1 NEIGHBORHOOD COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE WHEREAS, on May 12, 2009, the City Council adopted Ordinance No. 1264, approving Zone Change No. 2008-02 changing the zoning designation of Assessor Parcel Numbers 389-030-014, 015, 016, 017, and 018 from R-1 Single Family Residential to C-1 Neighborhood Commercial District under the Zoning Ordinance; WHEREAS, on June 28, 2010, a Preemptory Writ of Mandate was issued in the case of Voters Against the Lake Street Market v. City of Lake Elsinore, Riverside Superior Court No. RIC528604, wherein the City of Lake Elsinore has been ordered to set aside the Mitigated Negative Declaration No. 2008-10, General Plan Amendment No. 2008-01; Change of Zone No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15; Variance No. 2008-01, Uniform Sign Program No. 2008-02, and all associated approvals; and WHEREAS, the City has been ordered to comply with the aforementioned Peremptory Writ of Mandate within 90 days of its issuance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Ordinance No. 1264 and the approval of Zone Change No. 2008- 02 is hereby set aside and rescinded. SECTION 2. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3. 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. Page 3 of 10 CITY COUNCIL ORDINANCE NO. 1285 PAGE 2 OF 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this day of 2010. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY Page 4 of 10 CITY COUNCIL ORDINANCE NO. 1285 PAGE 3OF3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1285 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 10th day of August 2010, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Page 5 of 10 Page 6 of 10 RESOLUTION NO. 2010-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGARDING: 1. RESCISSION OF CITY COUNCIL RESOLUTION NO. 2009-19 THAT ADOPTED FINDINGS THAT THE PROJECT KNOWN AS THE LAKE STREET MARKET PLACE IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); 2. RESCISSION OF CITY COUNCIL RESOLUTION NO. 2009-20 THAT ADOPTED MITIGATED DECLARATION NO. 2008-10 FOR THE LAKE STREET MARKETPLACE PROJECT; 3. RESCISSION OF CITY COUNCIL RESOLUTION NO. 2009-21 THAT APPROVED GENERAL PLAN AMENDMENT NO. 2008-01 FOR THE LAKE STREET MARKETPLACE PROJECT; 4. RESCISSION OF CITY COUNCIL RESOLUTION NO. 2009-22 THAT APPROVED COMMERCIAL DESIGN REVIEW NO. 2008-09; 5. RESCISSION OF PLANNING COMMISSION RESOLUTION NO. 2009-08 THAT APPROVED CONDITIONAL USE PERMIT 2008-15 FOR THE LAKE STREET MARKETPLACE PROJECT; 6. RESCISSION OF PLANNING COMMISSION RESOLUTION NO. 2009-09 THAT APPROVED VARIANCE NO. 2008-01 FOR THE LAKE STREET MARKETPLACE PROJECT; AND 7. RESCISSION OF PLANNING COMMISSION RESOLUTION NO. 2009-10 THAT APPROVED UNIFORM SIGN PROGRAM NO. 2008-02 FOR THE LAKE STREET MARKETPLACE PROJECT. WHEREAS, on May 12, 2009, the City Council of the City of Lake Elsinore adopted Resolution No. 2009-19 adopting findings that the project known as the lake street market place is consistent with the Multiple Species Habitat Conservation Plan (MSHCP); and WHEREAS, on May 12, 2009, the City Council of the City of Lake Elsinore adopted Resolution No. 2009-20 adopted Mitigated Negative Declaration No. 2008-10 for the Lake Street Marketplace Project; and WHEREAS, on May 12, 2009, the adopted Resolution No. 2009-21 approving the Lake Street Marketplace Project; and City Council of the City of Lake Elsinore General Plan Amendment No. 2008-01 for Page 7 of 10 Resolution No. 2010-056 Page 2 of 4 WHEREAS, on May 12, 2009, the City Council of the City of Lake Elsinore adopted Resolution No. 2009-22 approving Commercial Design Review No. 2008-09; and WHEREAS, on January 20, 2009, the Planning Commission of the City of Lake Elsinore adopted Planning Commission Resolution No. 2009-08 approving Condition Use Permit No. 2008-15 for the Lake Street Marketplace Project; and WHEREAS, on January 20, 2009, the Planning Commission of the City of Lake Elsinore adopted Planning Commission Resolution No. 2009-09 approving Variance No. 2008-01 for the Lake Street Marketplace Project; and WHEREAS, on January 20, 2009, the Planning Commission of the City of Lake Elsinore adopted Planning Commission Resolution No. 2009-10 approving Uniform Sign Program No. 2008-02 for the Lake Street Marketplace Project; and WHEREAS, on June 28, 2010, a Preemptory Writ of Mandate was issued in the case of Voters Against the Lake Street Market v. City of Lake Elsinore, Riverside Superior Court No. RIC 528604, wherein the City of Lake Elsinore has been ordered to set aside the Mitigated Negative Declaration No. 2008-10, General Plan Amendment No. 2008-01; Change of Zone No. 2008-02, Commercial Design Review No. 2008-09, Conditional Use Permit No. 2008-15; Variance No. 2008-01, Uniform Sign Program No. 2008-02, and all associated approvals; and WHEREAS, the City has been ordered to comply with the aforementioned Peremptory Writ of Mandate within 90 days of its issuance. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMIE AND ORDER AS FOLLOWS: SECTION 1. The above recitals are true and correct. SECTION 2. That the following resolutions and associated approvals therewith are hereby set aside and rescinded: 1. City Council Resolution No. 2009-19 adopting findings that the project known as the lake street market place is consistent with the Multiple Species Habitat Conservation Plan (MSHCP); and 2. City Council Resolution No. 2009-20 adopting Mitigated Negative Declaration No. 2008-10 for the Lake Street Marketplace Project; 3. City Council Resolution No. 2009-21 approving General Plan Amendment No. 2008-01 for the Lake Street Marketplace Project; 4. City Council Resolution No. 2009-22 approving Commercial Design Review No. 2008-09: and Page 8 of 10 Resolution No. 2010-056 Page 3 of 4 5. Planning Commission Resolution No. 2009-08 approving Condition Use Permit No. 2008-15 for the Lake Street Marketplace Project; and 6. Planning Commission Resolution No. 2009-09 approving Variance No. 2008-01 for the Lake Street Marketplace Project; and 7. Planning Commission Resolution No. 2009-10 approving Uniform Sign Program No. 2008-02 for the Lake Street Marketplace Project. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this th day of August 2010. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEI BOLD CITY ATTORNEY Page 9 of 10 Resolution No. 2010-056 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, CAROL COWLEY, hereby certify that Resolutio of Lake Elsinore, California, at a and that the same was adopted AYES: NOES: ABSENT: ABSTAIN: City Clerk of the City of Lake 2010-056 was adopted by the regular meeting held on the 10tn by the following vote: Elsinore, California, City Council of the City day of August 2010, CAROL COWLEY INTERIM CITY CLERK }SS Interim n No. Page 10 of 10