HomeMy WebLinkAboutItem No. 43ORDINANCE NO. 956
AN ORDINANCE OF THE CITY COUNCIL OF THE
- •CITY OF LAKE ELSINORE, CALIFORNIA,
APPROVING A DEVELOPMENT AGREEMENT WITH
EAST LAKE COMMUNITY BUILDERS
WHEREAS, East Lake Community Builders ( "ECB ") and the
City of Lake Elsinore have prepared the East Lake Specific Plan
in accordance with Government Code Section 65456 et sect.,
providing land use entitlements for 3,000 acres of property to'
include a mix of residential, commercial and open space uses
along with infrastructure and public service improvements ,
( "Project ") and the related Development Agreement attached as
Exhibit "A" and incorporated herein by.this reference, which is
the subject-of this Ordinance. East Lake is located along the
eastern shoreline of Lake Elsinore and is generally bounded by,
Lakeshore Drive on the north; Mission Trail and Corydon Road on
the east, the city boundary line on the south and the shoreline
of Lake Elsinore on the west. Due notice of public hearings on
the Specific Plan and the Development Agreement Application have
been given and public hearings conducted thereon pursuant to
State Planning and Zoning Law and local ordinances;
WHEREAS, on May 5, 1993, the City Planning Commission
held a duly noticed public hearing to consider the East Lake
Environmental Impact Report ( "EIR "), the East Lake Specific.Plan
and-the Development Agreement, and following such public
hearing, voted unanimously to recommend that the City Council
(.1),certify the Final EIR as meeting the requirements of the
California Environmental Quality Aft ( "CEQA ") and the CEQA
Guidelines and as being complete and,adequate, and (2) approve
the East Lake Specific Plan;
WHEREAS, the Planning Commission of the City.of Lake.
Elsinore held a coritinued'public"hearing on the proposed .
Development Agreement between the dity of Lake Elsinore and-East
Lake Community Builders on May 19, 1993, and found that the
Development Agreement is consistent with the City's General Plan
and recommended its adoption by the City Council;
WHEREAS, the City Council held a duly noticed public
hearing on May 25, 1993, for the purposes of certifying the
Final EIR, considering the Specific Plan and.considering the
Development Agreement;
WHEREAS, pursuant to CEQA, the Final EIR.has been
prepared, certified and - considered by the City Council and has
been found to adequately address the general-environmental
setting of -the proposed Project, including,the Development
Agreement,'and significant environmental impacts and the
alternatives and mitigation measures related to each significant
environmental effect to the proposed Project. The City Council
has considered the information contained in the Final EIR prior
to approval of the Project and the Development Agreement. The
City Council has adopted Resolution No. .93-28 which discusses all
significant environmental effects and corresponding mitigation
measures, together with the Facts,.Findings and Statement of
Overriding Considerations Regarding the Environmental Effects of
the East Lake Specific Plan attached as Attachment "A" to
Resolution No. 93 -28 and incorporated herein by this reference
( "Facts, Findings and Statement of Overriding Considerations ");
WHEREAS, the establishment and implementation of the
Specific Plan as submitted and adoption of the Development
Agreement, under current circumstances, will not be detrimental
to the health, safety, comfort or general welfare of the persons
residing in the area of the Project;
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WHEREAS, appropriate mitigation measures are
incorporated into the Specific Plan and•Development Agreement to
ensure that the concerns identified at this level of planning
-%:ill be resolved as part of the more detailed subdivision review
process which must be completed before development.may proceed;
and
WHEREAS, concurrently with the adoption of this
Ordinance, the City Council has adopted Ordinance No. 955
adopting the East Lake Specific Plan; and
WHEREAS, the City Council of the City of Lake Elsinore
held a duly noticed public hearing on the Development Agreement
on May 25', 1993, and found that (1) the Development Agreement is
consistent with the City's General Plan and the -East Lake
Specific Plan and (2) the previoubly certified Final EIR
prepared for the East Lake Specific Plan is adequate and
complete for:the Development Agreement;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY ORDAIN AS FOLLOWS:
Section l: All the facts set forth in the Recitals
above of this Ordinance are true and correct.
Section 2: The'Final EIR has been prepared in
compliance with CEQA and the CEQA Guidelines and further, the
City Council has reviewed and considered the information
contained in the Final EIR and the Mitigation Monitoring Program
with respect to the Project and has determined it to be complete
and adequate and in compliance with CEQA. As set forth in the
Facts, Findings and Statement of Overriding Considerations
attached as Attachment "A" to Resolution No. 93 -28 and which are
incorporated herein by this reference, all significant adverse
impacts have either been mitigated to acceptable levels or have
been found to have been overridden by economic„ social or other
benefits derived from the Project..'
Section 3: The Development Agreement between the City
of Lake Elsinore and East Lake Community Builders, as set forth
in Exhibit "A" hereto, is hereby approved. The Mayor is
authorized to execute the Development Agreement and, following
such execution, the City Clerk shall cause a copy thereof to be
recorded with the Riverside County Recorder within ten (10)
days.
Section 4: The City Clerk shall certify to the
passage and adoption of this Ordinance and -shall cause the same
to be published in the manner required by law. This Ordinance
shall become effective upon the expiration of-thirty (30) days '
from and after its passage.
PASSED, UPON FIRST READING this 25th day of May 1993,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
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DOMINGUEZ,.WINKLER, WASHBURN
ALONGI, CHERVENY
NONE
NONE
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PASSED, UPON SECOND READING this 8th day of June 1993,
by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTENTIONS: COUNCILMEMBERS
ATTEST:
VICKI L. KASAD, CITY CLERK
APPROVED AS TO FORM AND LEGALITY:
JOHN HARPER, CITY ATTORNEY
GARY M. WASHBURN, MAYOR
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