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HomeMy WebLinkAboutSupplemental Agenda Item No.12CITY OF LADE LSINORE DREAM EXTREME, SUPPLEMENTAL REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TOM EVANS INTERIM CITY MANAGER DATE: NOVEMBER 13, 2012 SUBJECT: VESTING TENTATIVE TRACT MAP (VTTM) NO. 35001 AMENDED AND RESTATED DEVELOPMENT AGREEMENT Background On October 16, 2012, the proposed Vesting Tentative Tract Map and Development Agreement (the 'Project) were reviewed by the Planning Commission. Overall, the Planning Commission expressed satisfaction with the Project and voted to recommend approval to the City Council. Based on discussions between City and WRCOG representatives following the Planning Commission hearing, staff's recommendation to the City Council is to approve the VTTM No. 35001 and to continue the Amended and Restated Development Agreement to allow further discussions among the developer, the City and WRCOG. Discussion Following review the staff report, the developer requested that a draft Ordinance be included in the City Council Agenda materials in the event the City Council elects to move forward with approval of the Amended and Restated Development Agreement. The City Attorney concurs that the City Council has the option to follow staff's recommendation or to take an alternative action, including introduction of an Ordinance approving the Agreement. The Ordinance prepared by the City Attorney is attached to this Supplemental Report (Attachment 1). The developer also submitted a proposed ordinance and requested that it be presented to the City Council (Attachment 2). If the City Council elects to approve the Development Agreement, we recommend that it be through the ordinance prepared by the City Attorney. We also believe the Development Agreement should be continued. AGENDA ITEM NO. 12 Page I of 14 Vesting Tentative Tract Map No. 35001 Amended and Restated Development Agreement November 13, 2012 Page 2 of 2 Prepared by: Barbara Leibold, City Attorney Reviewed by: Warren Morelion, AICP v Acting Community Development Director Approved by: Tom Evans �er' Interim Cit _- Attachments: 1. Ordinance Approving Amended and Restated Development Agreement (Prepared by the City Attorney) 2. Ordinance Approving Amended and Restated Development Agreement (Prepared by the developer) Page 2 of 14 ORDINANCE NO. 2012- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND CASTLE & COOKE, LAKE ELSINORE WEST, INC., AS SUCCESSOR IN INTEREST TO BRIGHTON ALBERHILL ASSOCIATES, FOR ALBERHILL RANCH DEVELOPMENT 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, the Project Site is an approximate 400 acre portion of the approximate 1,000 acre area within the Brighton Alberhill Ranch Specific Plan Amendment No. 1 ('Brighton ARSP #1 ") which was the subject of a 1990 Development Agreement between the City and to Brighton Alberhill Associates and Amendment No. 1 thereto (collectively, the "Original DX) that vested certain development rights for the Brighton ARSP #1 area; and, WHEREAS, the Project Site is now owned by Castle & Cooke, Lake Elsinore West, Inc., successor in interest to the former Brighton Homes and Tri- Valley I, and is covered by the terms of the Original DA and the proposed Amended and Restated Development Agreement; and, WHEREAS, Castle and Cooke, Lake Elsinore West, Inc., has also submitted an application for approval of Vested Tentative Tract Map No. 35001 to subdivide the Project Site for development purposes consistent with the Brighton ARSP #1; and WHEREAS, the proposed Amended and Restated Development Agreement will vest the development rights under the Brighton ARSP #1 and the VTTM No. 35001 consistent with the Original DA and purpose and intent of Government Code Sections 65864 through 65869.5 (the "Development Agreement Law ") and Lake Elsinore Municipal Code Chapter 19.12 establishing rules and regulations for the consideration of Development Agreements; and WHEREAS, following a duly noticed public hearing on October 16, 2012, the Planning Commission of the City of Lake Elsinore approved Resolution No. Page 3 of 14 CITY COUNCIL ORDINANCE NO. 2012 - PAGE 2 OF 5 2012 -_ making certain findings and recommending approval of the proposed Amended and Restated 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 Amended and Restated Development Agreement on November 13, 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 Amended and Restated Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Amended and Restated Development Agreement is consistent with the project site's Brighton ARSP #1 land use designation. 2. The proposed Amended and Restated 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 Amended and Restated Development Agreement is located within the Brighton ARSP #1 planning area and is compatible with and vests those uses permitted by and the regulations prescribed for development in the Brighton ARSP #1. 3. The proposed Amended and Restated Development Agreement conforms to the public convenience and general welfare and reflects good land use practices. The proposed Amended and Restated Development Agreement conforms to the public convenience and general welfare because the Agreement provides for residential and commercial development which will expand the City's revenue base and provide new neighborhoods and neighborhood shopping and other commercial conveniences for City residents. 4. The proposed Amended and Restated Development Agreement will not be detrimental to the health, safety and general welfare of the community. The proposed Amended and Restated Development Agreement will not be detrimental to the health, safety and general welfare of the community because the Agreement incorporates all of the land use approvals for the Project site and requires compliance with all conditions of approval and mitigation measures associated therewith to protect and health, safety and general welfare of the community. Page 4 of 14 CITY COUNCIL ORDINANCE NO. 2012 - PAGE 3 OF 5 5. The proposed Amended and Restated Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5. The form and content of the proposed Amended and Restated Development Agreement is consistent with the requirements of the Development Agreement Law. SECTION 2. The City has properly reviewed and assessed the Amended and Restated 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 has prepared and approved CEQA Addendum No. IV to the Alberhill Ranch Specific Plan EIR finding that the proposed Amended and Restated Development will not have any significant adverse environmental impacts. SECTION 3. The City Council hereby approves the Amended and Restated Development Agreement by and between the City of Lake Elsinore Amended and Restated Development Agreement by and between the City of Lake Elsinore and Castle & Cooke, Lake Elsinore West, Inc., 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 Amended and Restated Development Agreement on behalf of the City of Lake Elsinore. SECTION 4. The City Clerk is directed to transmit the Amended and Restated 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 13th day of November, 2012, and adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on the th day of , 2012. Brian Tisdale, Mayor City of Lake Elsinore City Council Page 5 of 14 CITY COUNCIL ORDINANCE NO. 2012 -_ PAGE 4 OF 5 ATTEST: Virginia Bloom, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney Page 6 of 14 CITY COUNCIL ORDINANCE NO. 2012 -_ PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF LAKE ELSINORE ) I, VIRGINIA BLOOM, City Clerk of the City of Lake Elsinore, California, hereby certify that Ordinance No. 2012 -_ was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 13 day of November, 2012, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of , 2012, by the following roll call vote: AYES: NOES: ABSENT: Virginia Bloom, CMC City Clerk Page 7 of 14 Page 8 of 14 ORDINANCE NO. 2012- A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE AMENDED AND RESTATED SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND BRIGHTON ALBERHILL ASSOCIATES, NOW CASTLE & COOKE, LAKE ELSINORE WEST, INC., AS SUCCESSORS IN INTEREST, FOR ALBERHILL RANCH DEVELOPMENT WHEREAS, Castle and Cooke, Lake Elsinore West, Inc., has submitted an application for An Amended and Restated Development Agreement Amendment No. 2 to the Development Agreement Between the City of Lake Elsinore and Brighton Alberhill Associates, now Castle & Cooke, Lake Elsinore West, Inc., as successors in interest, for property located on approximately 400.3 acres on the west side of the 1 -15 Freeway at the Nichols Road and Lake Street intersections and commonly identifiable as APNs 390 - 190 -018, 389 - 020 -062, 390 -130 -026, 390 - 190 -014, 390 - 200 -008, 389 - 020 -064, 389 - 130 -028, 390 -190 -015, 390 -200- 010, 389 -080 -055, 389 -160 -003, 390 -190 -017, 390 - 210 -021, 389 - 080 -056, 390- 160 -006, (the "Project'); and, WHEREAS, California Government Code Sections 65864 through 68569.5 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 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: and WHEREAS, Castle & Cooke, Lake Elsinore West, Inc., purchased a 400.3 acre portion of the approximate 1,000 acre Brighton Alberhill Ranch Specific Plan Amendment No. 1 area; and, WHEREAS, the Project site is now owned by Castle & Cooke, Lake Elsinore West, Inc., successor in interest to the former Brighton Homes and TT Group, and is covered by the terms of the original City of Lake Elsinore and Brighton Alberhill Associates Development Agreement (DA) and Amendment No. 1 to the Development Agreement; and, Page 9 of 14 CITY COUNCIL ORDINANCE NO. 2012- PAGE 2 OF 6 WHEREAS, pursuant to the terms of the MSHCP, the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), a CEQA Addendum No. IV has been prepared discussing the changes to the Project and the Amended and Restated Development Agreement; and, WHEREAS, following a duly noticed hearing on October 16, 2012 the Planning Commission of the City of Lake Elsinore approved Resolution PC No. 2012 -XX making certain findings and recommending approval of the proposed Amended and Restated Second Amendment to the Development Agreement by the City Council. 2 Page 10 of 14 CITY COUNCIL ORDINANCE NO. 2012- PAGE 3 OF 6 THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1, The City Council held a duly noticed public hearing on the Amended and Restated Second Amendment to the Development Agreement on November 13, 2012 and based on the information presented, the City Council makes the following findings in accordance with Section 19.12.080 of the Lake Elsinore Municipal Code a. The Amended and Restated Second Amendment to the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Alberhill Ranch Specific Plan Amendment No. 1. b. The Amended and Restated Second Amendment to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the single - family regulation in the Alberhill Ranch Specific Plan Amendment No.l in which the real property is located. c. The Amended and Restated Second Amendment to the Development Agreement is in conformity with public convenience, general welfare and good land use practices. d. The Amended and Restated Second Amendment will not be detrimental to the health, safety and general welfare of the community. e. The Amended and Restated Second Amendment will not adversely affect the orderly development of property or the preservation of property values and will encourage the economically needed residential and commercial development. f. The Amended and Restated Second Amendment to the Development Agreement is consistent with the provisions of Government Code Section 65864- 65869.5 SECTION 1. The City Council acknowledges that Section 12 of the DA has not changed and is the principal Development Agreement section permitting this Amended and Restated 2 nd Amendment allowing the Development Agreement to 3 Page 11 of 14 CITY COUNCIL ORDINANCE NO. 2012- PAGE 4 OF 6 continue with the Amended and Restated 2 "d Amendment changes. Section 12 of the Development Agreement notes that unanticipated restrictions imposed upon or mandated by other governmental entities shall excuse the developer from performance of its obligations during the period of restrictions imposed by these other governmental entities. The Development Agreement notes: "The term of this Development Agreement shall be extended by the period of any such delay ". Further, Section 12 of the Development Agreement permits extensions of time for the period of delay associated with "Acts or neglect of the City." These provisions have not been changed in the Amended and Restated 2 "d Amendment. The "delays or unanticipated actions by other governmental entities" require the Amended and Restated 2 nd Amendment changes. The affect of the governmental actions was to stop the 15 year duration of the Development Agreement from tolling or ending on or around 2006. The Development Amendment No.l was originally entered into on July 23, 1990 and the 15 year contract duration, absent tolling, would have ended on July 23, 2005. SECTION 2. The land uses described in the Development Agreement and the Development Agreement 1 st Amendment are substantially the same for the DA and Specific Plan described 400.3 acres of land now owned by Castle & Cooke, Lake Elsinore West, Inc., and currently described in the Amended and Restated 2 "d Amendment, and, SECTION 3. Certain provisions of the original DA are modified in the Amended and Restated 2 "d Amendment necessitated by the County acquisition of a portion of the Development Agreement prescribed Specific Plan land use area changing certain land uses in the Development Agreement area; and, SECTION 4. Certain Development Agreement Fees are modified given the reduction in overall dwelling units caused by the County land acquisition that previously covered the fees costs to the developer; and, SECTION 5. Certain amenities are provided as offsets to the amenities and land uses lost with the County land acquisition; now therefore, SECTION 6. The City has properly reviewed and assessed the Amended and Restated Second Amendment to the Development Agreement pursuant to the in Page 12 of 14 CITY COUNCIL ORDINANCE NO. 2012- PAGE 5 OF 6 California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated there under (hereinafter collectively referred to as "CEQA ") and finds that the environmental documentation prepared and adopted/approved for the Alberhill Ranch Specific Plan (and amendments thereto) pursuant to the California Environmental Quality Act (California Public Resource Code Section 21000 et seq.), the "CEQA Guidelines ", (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated there under (herein after collectively referred to as "CEQA ") adequately address the potential environmental impacts and that there are no substantial changes to the project site or the circumstances under which to the project site is to be regulated and developed under the Amended and Restated Second Amendment when reviewed against the Specific Plan EIR and subsequent environmental Addendums, nor any new information of substantial importance which would require preparation of another CEQA document, including an EIR, pursuant to CEQA Guideline Section 15162. Any future approvals will be evaluated in accordance with CEQA. SECTION 7. The City Council hereby approves the Amended and Restated Second Amendment to the Development between the City of Lake Elsinore and Castle & Cooke, Lake Elsinore West, approved by the Planning Commission and submitted to the City Council with a recommendation of approval, 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 Amended and Restated Second Amendment to the Development Agreement on behalf of the City of Lake Elsinore. SECTION 8. The City Clerk is directed to transmit the Amended and Restated Second Amendment to the County Recorder for recordation no later than (10) days after the adoption of this Ordinance. SECTION 9. This Ordinance shall take effect thirty (30) days after the date of its final passage or such later date as nay 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. 5 Page 13 of 14 CITY COUNCIL ORDINANCE NO. 2012- _ PAGE 6 OF 6 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this_ day of 2012. BRIAN TISDALE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMESEN,CMC CITY CLERK APPROVED AS TO FORM I::::::_: GIW7 CITY ATTORNEY 6 Page 14 of 14