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HomeMy WebLinkAboutOrd. No. 1991-923ORDINANCE NO. 923 A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NUMBER 1 TO THE BRIGHTON/ALBERHILL DEVELOPMENT AGREEMENT, ADDING SECTION 30 WHEREAS, an application has been filed with the City of Lake Elsinore by Brighton Homes to amend the Brighton/Alberhill Development Agreement relating to the Alberhill Specific Plan area consisting of approximately 997 acres of land bounded generally by Interstate 15 to the north, Terra Cotta Road/Nichols Road to the south, Pacific Clay Company to the east, and Robb Road/Lake Street to the west; WHEREAS public notice of said applications has been given, and the Planning Commission has considered evidence presented by the applicant, Community Development Department and other interested parties at a public hearing held with respect to this application on June 5, 1991, and June 19, 1991 and recommended approval. 1991. WHEREAS, the City Council held a public hearing on August 27, NOW THEREFORE, THE CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council has considered the previously certified Environmental Impact Report 89-2, the Addendum to EIR 89-2, the proposed Brighton/Alberhill Development Agreement Amendment prior to making a decision to approve the proposed Amendment to the Development Agreement. The City Council finds and determines that EIR 89-2 and the Addendum thereto are adequate under CEQA to analyze the environmental effects of the Development Agreement, based upon the following findings and determinations: a. Only minor technical changes and additions are necessary to make the FEIR 89-2 adequate to address the proposed Development Agreement Amendment, since substantial changes have not occurred with respect to the circumstances under which the existing Development Agreement was undertaken, and there will be no new significant environmental impacts that were not considered in the FEIR; b. No mitigation measures or alternatives which were previously not considered in the FEIR 89- 2 would substantially lessen any significant effects on the environment; c. The changes to EIR 89-2 set forth in the Addendum thereto do not raise important new issues about any significant effects on the environment. d. No new information of substantial importance to the proposed Development Agreement has become available. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Development Agreement have been made as follows: 1. The proposed Development Agreement Amendment is consistent with the City of Lake Elsinore General Plan. The proposed Development Agreement Amendment is consistent with the General Plan. The proposed amendment does not propose any addition, deletion or modification which will deviate from the Goals and/or Polices of the General Plan. 2. The proposed Development Agreement is consistent with any applicable specific plan, zoning policies and regulations. The proposed Development Agreement is consistent with the proposed Alberhill/Brighton Specific Plan Amendment. The purpose of the Development Agreement Amendment is to implement the provisions of the revised Alberhill/Brighton Specific Plan. NOW, THEREFORE, based on the above findings, the City Council does hereby approve Amendment Number 1 to the Brighton/Alberhill Development Agreement adding Section 30 attached hereto and made a part hereof. Except as so expressly amended by this amendment (Exhibit 1), all of the terms, conditions and provisions of the agreement are hereby ratified and confirmed, and shall remain in full force and effect. This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of this Orinance and cause this Ordinance to be published and posted in the manner required by law. INTRODUCED AND APPROVED UPON FIRST READING this 27th of August, 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DOMINCUEZ, STARKEY, WINKLER, b!ASHBURN NONE NONE NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this IOth day of September 1991, upon the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCK, DOPIINGUEZ, STARKEY, biINKLER, 4!ASHBURN NONE NONE NONE ~~ e Washburn, Mayor of Lake Elsinore City (SEAL) Elsinore APPROVED AS TO FORM AND LEGALITY: John R. Harper, C ty Attorney City of Lake inore 1. .Section 30 is added to the Agreement, as follows: "30. Adoption of Alberhill Specific Plan Amendment No. 1. 30.1 Permitted Uses of Property. Notwithstanding Section 8 and any .and all other provisions of the Agreement specifying the nature, intensity and location of allowable land uses on tha Property, the permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of the proposed buildings on the property, the design standards for such construction, .and provisions for reservation and dedication of land for public purposes and .golf course and related recreational uses, are all as set forth in Alberhill Specific Plan Amendment No. 1 and are incorporated herein by this reference. They are the uses of the Property covered by this Agreement which are specifically permitted by this Agreement and the City is bound to permit those .uses on the Property. Exhibit "D" attached hereto and incorporated herein by this reference shows the intended .land uses contemplated by Alberhill Specific Plan Amendment No. 1 and secured by this Agreement. 30.2 "Existina Development Approvals". .The definition of the term "Existing Development Approvals," as set forth in Section 2.10 of the Agreement, shall be deemed to include, in addition to the development approvals described in such Section 2.i0, the approval of General Plan Amendment No. 91- _ and Alberhill Specific Plan Amendment No. 1. 30.3 "Project". The definition of the term "Project," as set forth in Section 2.13 of the Agreement, shall be deemed to include the land use plan encompassed by the approval of the General Plan Amendment No. 91- 1 and Alberhill Specific Plan Amendment No. 1. 30.4 Timing of Golf Course Construction. The provisions of this Section 30.4 shall supersede and take precedence over those portions of Section 9.5 and any and all other provisions of the Agreement that are inconsistent with this Section 30.4. 30.4.1 The Developer shall pay the Development Agreement fee in accordance with paragraph 9.5(1)(a) of the Agreement, and a park fee of One Thousand Six Hundred Dollars ($1,600.00) per dwelling unit for the development of a total of 18.73 acres of park land for the project, in connection with the issuance of each residential building permit, until such time that Developer transmits to the City the written notice specified in paragraph 30.4.2; provided, however, that under no circumstances shall the Developer be required to pay such park fees in connection with the issuance of more than One Thousand One Hundred (1,100) residential building permits. City shall deposit all of the Development Agreement fees in excess of that which would otherwise have been collected for the "golf course project" in accordance with paragraph 9.5(1)(b) of the Agreement, and the park fees collected pursuant to this Paragraph 30.4, in a separate account. 30.4.2 At such time that Developer definitely determines to construct the golf course as part of the project, Developer shall transmit written notice of such determination to the City.. Said notice shall be in a form acceptable to the City, and shall contain a detailed design and construction schedule, including milestone dates consistent with those specified in paragraph 30.4.3, to allow the City to monitor the progress of the work. Following approval of such notice, Developer shall diligently pursue the design and construction of the golf course. Upon receipt and approval of the notice described herein, the City shall promptly rebate to the Developer all funds held on deposit pursuant to Paragraph 30.4.1. From and after the date of such notice, Developer shall pay the Developmeht Agreement fees on all residential building permits for the project in accordance with paragraph 9.5(1) (b) of the Agreement, and. shall have no obligation to pay any park fees pursuant to paragraph 3.3 of the Agreement. 30.4.3 Developer shall complete the construction of the first nine (9) holes of the golf course within three (3) years of the date of the notice described in Paragraph 30.4.2, and complete the construction of the final nine (9) holes of, and the clubhouse for, the golf course within five (5) years of the date of such notice, all in accordance with the schedule provided in paragraph 30.4.2. In the event that the City determines on the basis of substantial evidence that the Developer is not diligently pursuing the design and construction of the golf course as set forth herein, then the City may transmit written notice to the Developer of such determination. Such notice shall reinstitute the fee and deposit provisions of paragraph 30.4.1 above, and Developer shall repay the City the amount of any Development Agreement fees and park fees previously rebated to the Developer pursuant to paragraph 30.4.3, plus any Development Agreement fees and any park fees pursuant to paragraph 30.4.1 on any building permits issued after the City rebated the fees to the Developer pursuant to paragraph 30.4.2, The City shall have the discretion to withhold approval of any subdivision if the Developer does not comply with the provisions of this paragraph 30.4.3, regarding repayment of rebated fees, within thirty (30) days of the date of any written demand therefor from the City. 30.4.4 Upon the City's subsequent determination that the Developer has recommenced diligent pursuit of the design and construction of the golf course, the City shall rebate all such funds in accordance with paragraph 30.4.2 above. 30.5 Consistencv Finding. By approving and executing this Amendment, City finds that the provisions of the Agreement, as modified by this Amendment, are consistent with City's General Plan and Alberhill Specific Plan Amendment No. 1, and City further finds and determines that execution of the Agreement, as modified by this Amendment, is in the best interests of the public health; safety and general welfare of City's residents, property owners and taxpayers." STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on September 10, 1991, and had its second reading on September 24, 1991, and was passed by the following vote: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE i CKT L NNE KASA ITY CLERK CITY OF LAK ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, Vicki Lynne Kasad, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 923 of said Council, and that the same has not been amended or repealed. D TED: September 11, 1991 VICKIKI^~E K SAD, ITY CLERK CITY OF LAKE LSINORE (SEAL)