Loading...
HomeMy WebLinkAboutOrd. No. 2012-1307ORDINANCE NO. 2012 -1307 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELSINORE AND GENERAL OUTDOOR ADVERTISING WHEREAS, Government Code Sections 65864 through 65869.5 authorizes municipalities to enter into development agreements with persons having a legal or equitable interest in real property in order to strengthen the public planning process, provide greater certainty in the development process and reduce the economic costs of development; and WHEREAS, pursuant to Government Code Section 65865 the City of Lake Elsinore ( "City ") has adopted rules and regulations establishing procedures and requirements for consideration of development agreements as set forth in Chapter 19.12 of the Lake Elsinore Municipal Code( "LEMC "); and WHEREAS, an application has been filed with the City by General Outdoor Advertising for a Development Agreement pursuant to LEMC Section 19.12; and WHEREAS, the proposed Development Agreement will allow the applicant, General Outdoor Advertising, to process a sign permit application in order to install an off -site digital sign ( "Sign ") on a 0.77 -acre site ('Property ") generally bordered on the north by Interstate 15 and in the general vicinity of East Franklin Street to the south and Rancho Street to the west (APN 377 -330- 011; and WHEREAS, following a duly noticed public hearing on September 4, 2012, the Planning Commission of the City of Lake Elsinore approved Resolution No. 2012- 31 making certain findings and recommending approval of the proposed Development Agreement by the City Council. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council held a duly noticed public hearing on the Development Agreement on September 25, 2012 and based on the information presented, the City Council makes the following findings in accordance with Section 19.12.080 of the LEMC: The proposed Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Development Agreement is consistent with the project site's "General Commercial" land use designation and with Goal 4 of the Ballpark District Plan of the General Plan in that the proposed Development Agreement CITY COUNCIL ORDINANCE NO. 2012 -1307 PAGE 2 OF 3 F1 will assist in achieving the City's goal to "Promote the stadium, "Dream Extreme" sports activities and other recreational opportunities ". 2. The proposed Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. The property that is subject to the proposed Development Agreement is zoned C -2 (General Commercial) and is property to the south and west. Interstate 15 is located immediately north and east of the property. The use of the subject property for an off -site sign is compatible with these zoning classifications. 3. The proposed Development Agreement conforms to the public convenience and general welfare and reflects good land use practices. The proposed Development Agreement conforms to the public convenience and general welfare because the Agreement guarantees at no cost to the City, the opportunity for the City to place civic public service messages, including those sponsored by non - profit organizations, on the Sign. 4. The proposed Development Agreement will not be detrimental to the health, safety and general welfare of the community. The proposed Development Agreement will not be detrimental to the health, safety and general welfare of the community because the Agreement includes the provision that General Outdoor Advertising commits itself and any successors and assigns to a requirement that any advertising displayed on the Sign shall not contain any advertising for adult entertainment - related uses, alcohol or tobacco products of any type, gambling or gambling services, or any political messages or advertising. 5. The proposed Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5. The form and content of the proposed Development Agreement is consistent with the requirements of the Government Code. SECTION 2. The City has properly reviewed and assessed the Development Agreement pursuant to the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.), the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.) and the City's Procedures for Implementing the State CEQA Guidelines (hereinafter collectively referred to as "CEQA "); and finds and determines that the proposed Development Agreement is exempt from CEQA, specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the City Council finds that the Sign on the Property is CITY COUNCIL ORDINANCE NO. 2012 -1307 PAGE 3 OF 3 consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Sign and the Property is within the City's boundaries and on a site less than five acres surrounded by urban uses — most notably Interstate 15, the Property has no value as habitat, and approval of the Sign will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Sign is adequately served by all required utilities and public services. SECTION 3. The City Council hereby approves the Development Agreement by and between the City of Lake Elsinore and General Outdoor Advertising, submitted to the City Council, on file with the City Clerk and incorporated herein by reference. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Development Agreement on behalf of the City of Lake Elsinore. SECTION 4. The City Clerk is directed to transmit the Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this ordinance. SECTION 5. 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, APPROVED, AND INTRODUCED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 25th day of September, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 23rd day of October, 2012. Brian T'istlale, Mayor City of Lake Elsinore City Council F, STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ss. I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2012 -1307 was introduced at the regular City Council meeting of September 25, 2012, and adopted at the regular meeting of October 23, 2012, by the following roll call vote: AYES: Council Member Magee, Council Member Melendez, Council Member Weber, Mayor Pro Tem Hickman and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None Virgi i J. Blo , C�'it71� City rk