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HomeMy WebLinkAboutOrd. No. 2001-1074 ORDINANCE NO. 1074 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 ANi> LA LAGUNA ESTATES/GEORGE DALE. 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 La Laguna Estates recorded with the Riverside County Recorder's Office as Instrument No. 52063 (the "Original Agreement") in connection with the development of approximately 660 single family homes (the "Project") on certain real property located in the City within Community Facilities District 88-3 (the "Property"); and WHEREAS, La Laguna Estates has requested certain amendments to the Original Agreement in order to facilitate the development of the Project; and WHEREAS, on March 7, 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 La Laguna Estates (the "First Amendment") and made certain fmdings in connection therewith, including a finding that the First Amendment is consistent with the City's General Plan; and WHEREAS, on March 27, 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 10th day of April ,2001. AYES: COUNCILMEMBERS: NOES: COUNCll..MEMBERS: ABSENT: COUNCll..MEMBERS: ABSTAIN: COUNCll..MEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NONE NONE NONE 1 c- Ordinance No. 1074 Page Two PASSED, APPROVED Al'iD ADOPTED UPON SECOND READING this 24th day of Apri 1 .2001. - A)1ES: CO~CIL~~ERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: CO~CIL~~ERS: NONE ABSENT: CO~CIL~~ERS: NONE ABSTAIN: CO~CIL~~ERS: NONE ~lU Vicki Kasad, City Clerk City of Lake Elsinore 2 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 10th day of April, 2001; approved upon second reading by title only on the 24th day of April, 2001, by the following roll call vote: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE czf~ w VICKI KASAD, CITY CLERK 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 HEREB Y CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1074 of said Council, and that the same has not been amended or repealed. 2fD: A:ru~ VJC~AD' CITY CLERK CITY OF LAKE ELSINORE (SEAL)