HomeMy WebLinkAboutOrd. No. 2003-1094
ORDINANCE NO. 1094
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A
DEVELOPMENT AGREEMENT WITH DEH, LLC
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 DEB, LLC 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 1, 2003, the Planning
Commission of the City of Lake Elsinore approved Resolution PC No. 2003-16 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. Findin~s. 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 ofthe Lake Elsinore
Municipal Code:
a. The Development Agreement is consistent with the objectives, policies, general land uses
and programs specified in the General Plan.
b. The Development Agreement is compatible with the uses authorized in, and the
regulations prescribed for in the C-2 General Commercial zone 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
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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 Mitigated Negative Declaration and
Mitigation Monitoring Program ("MND") approved in accordance with the requirements of
CEQA in connection with the annexation of the Property to the City (Annexation No. 64) and
designating it as General Commercial under the City's General Plan (General Plan Amendment
No. 92-2) and Zoning Code (Zone Change No. 92-5) 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 MND, 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 DEH, LLC,
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.
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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
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PASSED, APPROVED AND ADOPTED this 15th day of April
the following vote:
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AYES:
NOES:
ABSENT:
ABSTAIN:
8:Q~ b
Vicki Kasad, City Clerk
City of Lake Elsinore
, 2003, upon
Councilmembers:
BUCKLEY, HICKMAN, KELLEY, SCHIFFNER,
BRINLEY
NONE
NONE
Councilmembers:
Councilmembers:
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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
8th day of April, 2003; and approved upon second reading by title only on the 15th day of
April, 2003, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
SCHIFFNER, BRINLEY
KELLEY,
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
ztST~N: CILMEMBERS
VI~A T CLERK
CITY OF LAKE ELSINORE
NONE
NONE
(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. 1094 of said Council, and that the same has not been amended or repealed.
(SEAL)