HomeMy WebLinkAboutOrd. No. 2003-1092
ORDINANCE NO. 1092
-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT WITH COMO AT TUSCANY
HILL CORPORATION
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, the City has received an application from Como at Tuscany Hill
Corporation to consider a development agreement and proceedings have been taken in
accordance with the City's rules and regulations;
WHEREAS, following a duly noticed public hearing on April 7, 2003, the Planning
Commission of the City of Lake Elsinore approved Resolution PC No. 2003-18 making certain
findings and recommending approval of the proposed Development Agreement by the City
Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council held a duly noticed public hearing on the
Development Agreement on April 8, 2003 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 Development Agreement is consistent with the objectives, policies, general land
uses and programs specified in the General Plan and the Tuscany Hills Specific Plan.
b. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for the single-family regulation in the Tuscany Hills Specific
Plan in which the real property is located.
c. The Development Agreement is in conformity with public convenience, general
welfare and good land use practices.
d. The Development Agreement will not be detrimental to the health, safety and general
welfare of the community.
e. The Development Agreement will not adversely affect the orderly development of
property or the preservation of property values.
f. The Development Agreement is consistent with the provisions of Government Code
Section 65864-65869.5
1
Section 2. CEQA. The City has properly reviewed and assessed the Development
Agreement pursuant to the 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 thereunder (hereinafter
collectively referred to as "CEQA") and finds that the environmental documentation prepared and
adopted/approved for the Tuscany Hills Specific Plan (and amendments thereto) pursuant to the
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 thereunder (hereinafter collectively referred to as "CEQA")
adequately address all potential environmental impacts and that there are no substantial changes
to the Property or the circumstances under which the Property is to be regulated and developed
under the Development Agreement when viewed against the Specific Plan ErR, nor any new
information of substantial importance which would require preparation of another CEQA
document, including an EIR, pursuant to CEQA Guidelines Section 15162. Any Future
Approvals as defined in the Development Agreement will be evaluated in accordance with
CEQA.
Section 3. Approval of Development Agreement. The City Council hereby
approves the Development Agreement between the City of Lake Elsinore and Como at Tuscany
Hill Corporation, attached hereto as Exhibit A 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. Recordation. 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. Effective Date. This Ordinance shall be in full force and effective thirty
(30) days from and after the date of its passage.
Section 6. Posting and Publication. The City Clerk shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published in the manner required by
law.
PASSED UPON FIRST READING this ~ day of April , 2003, upon the
following vote:
AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
BRINLEY
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
ABSTAIN: Councilmembers: NONE
2
PASSED, APPROVED AND ADOPTED this 15th day of Apri 1 , 2003, upon
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
?J:ST:
:fl. U
VicKi Kasad, City Clerk
City of Lake Elsinore
Councilmembers:
BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
BRINLEY
NONE
NONE
Councilmembers:
Councilmembers:
3