HomeMy WebLinkAboutOrd. No. 2001-1072
ORDINANCE NO. 1072
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVING THE FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF LAKE ELSINORE AND
MARINITA DEVELOPMENT COMPANY (FORECAST
GROUP, LP)
WHEREAS, the City Council of the City of Lake Elsinore approved by Ordinance No.
899 a Development Agreement by and between the City of Lake Elsinore and Marinita
Development Company recorded with the Riverside County Recorder's Office as Instrument No.
5002 (the "Original Agreement") in connection with the development of approximately 120
single family homes (the "Project") on certain real property located in the City within
Community Facilities District 88-3 (the "Property"); and
WHEREAS, Forecast Group, LP has acquired the Property and has requested certain
amendments to the Original Agreement in order to facilitate the development of the Project; and
WHEREAS, on January 17,2001, the Planning Commission of the City of Lake Elsinore
held a duly noticed public hearing on the First Amendment to Development Agreement by and
between the City of Lake Elsinore and Forecast Group, LP (the "First Amendment") and made
certain findings in connection therewith, including a finding that the First Amendment is
consistent with the City's General Plan; and
WHEREAS, on February 13, 2001, the City Council of the City of Lake Elsinore held a
duly noticed public hearing to consider the First Amendment and, based upon the information set
forth in the staff report and presented during the public hearing which information is
incorporated herein by reference, the City Council makes findings and approves the First
Amendment by adoption of this Ordinance.
NOW THEREFORE, the City Council of the City of Lake Elsinore does hereby ordain
as follows:
Section 1. The City Council hereby finds that it can be seen with certainty there is no
possibility that the approval of the First Amendment may have a significant effect of the
environment (CEQA Guidelines Section 15061(b)(3)).
Section 2. The City Council hereby finds that the First Amendment is (a) consistent
with the General Plan, (b) will not be detrimental to health, safety and general welfare of persons
residing in the area nor injurious to property, (c) will not adversely affect the orderly
development of property or the preservation of property values, (d) is consistent with the
provisions of Development Agreement Act, Government Code Sections 65864 through 65869.5.
Section 3. The City Council hereby approves the First Amendment and authorizes
and directs the Mayor to execute the First Amendment on behalf of the City of Lake Elsinore.
Section 4. The City Clerk shall certify the passage and adoption of this Ordinance
and cause the same to be published in the manner required by law. This Ordinance shall become
effective on the thirtieth day after its adoption.
Section 5. The City Clerk shall cause the First Amendment to be recorded with the
County of Riverside no later than ten days after the effective date of this Ordinance.
INTRODUCED AND APPROVED UPON FIRST READING this l.3.tL day of
February ,2001.
AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this ~
day of Februa ry ,2001.
AYES:
COUNCILMEMBERS:
BRINLEY, KELLLEY, PAPE, SCHIFFNER
NONE
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN: COUNCILMEMBERS:
A(ITEST:__
,'1\ .., ~. I
L\~tU,,-, /L~
Vicki Kasad, City Clerk
City of Lake Elsinore
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2
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY
CERTIFY that the foregoing Ordinance was introduced and read by title only for adoption on the
13th day of February, 2001; approved upon second reading by title only on the 27th day of
February, 2001, by the following roll call vote:
AYES:
COUNCILMEMBERS:
KELLEY, P APE, SCHIFFNER, BRINLEY
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
~~~ERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE)
I, VICKI 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. 1072 of said Council, and that the same has not been amended or repealed.
DATED: March 8, 2001
(QC~~ERK
CITY OF LAKE ELSINORE
-
(SEAL)