The URL can be used to link to this page

Home My WebLink AboutOrd. No. 2003-1106 ORDINANCE NO. 1106 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH CENTEX HOMES 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 Centex Homes, to consider a Development Agreement and proceedings have been taken in accordance with the City's rules and regulations; and WHEREAS, pursuant to Public, Resources Code 9 21065 and 14 Cal. Code of Regs. 9 15060(c)(2), the Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment; and WHEREAS, pursuant to14 Cal. Code of Regs. 9 15352(a), the Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Development Agreement does not commit the City to any definite course of action; and WHEREAS, pursuant to Public Resources Code S 21065 and 14 Cal. Code of Regs. S 15060(c)(2), the Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. Further, pursuant to 14 Cal. Code of Regs. S 15352(a), the Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Development Agreement does not commit the City to any definite course of action; and WHEREAS, following a duly noticed public hearing on September 16, 2003, the Planning Commission of the City of Lake Elsinore approved Resolution PC No. 2003-81 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. Findin2s. The City Council held a duly noticed public hearing on the Development Agreement on September 23, 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. 1 04/03/03 b. The Development Agreement is in conformity with public convenience, general welfare and good land use practices. c. The Development Agreement will not be detrimental to the health, safety and general welfare of the community. d. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. e. The Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5 f. The Development Agreement is not a project under CEQA because, at this stage, the Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. (Public Resources Code S 21065 and 14 Cal. Code of Regs. S 15060(c)(2)). g. The Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Development Agreement, at this stage, does not commit the City to a definite course of action. (14 Cal. Code of Regs. S 15352(a)). 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 Development Agreement is not a project under the California Environmental Quality Act (CEQA) because, at this stage, the Development Agreement does not have the potential for resulting in a direct or indirect reasonably foreseeable physical change in the environment. (Public Resources Code S 21065 and 14 Cal. Code of Regs. S 15060(c)(2)). Further, the Development Agreement does not constitute an approval, and therefore, not a project under CEQA, because the City's approval of the Development Agreement, at this stage, does not commit the City to a definite course of action. (14 Cal. Code of Regs. S 15352(a)). Moreover, it has been determined that any environmental impacts that could be associated with the proposed development agreement have been addressed by the Environmental Impact Report (EIR) adopted for the Tuscany Hills Specific Plan adopted in November 1989 and subsequent environmental documents. Any future approvals will be subject to CEQA evaluation and any required mitigation measures. - Section 3. Approval of the Development A!!reement. The City Council hereby approves the Development Agreement between the City of Lake Elsinore and Centex Homes 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. - 2 04/03/03 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. Postin2: 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 23rd day of Sept. , 2003, upon the following vote: AYES: Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: Councilmembers: NONE ABSENT: Councilmembers: NONE ABSTAIN: Councilmembers: NONE PASSED, APPROVED AND ADOPTED this 14th day of October , 2003, upon the following vote: AYES: NOES: ABSENT: ABSTAIN: 2' Vicki Kas a, City Clerk City of Lake Elsinore Councilmembers: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NONE Councilmembers: Councilmembers: 3 04/03/03 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 23rd day of September, 2003; and approved upon second reading by title only on the 14th day of October, 2003, by the following roll call vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: - ~BSTJN: 8~' ~ j VI~ AlrCITY CLERK CITY OF LAKE ELSINORE COUNCILMEMBERS: NONE COUNCILMEMBERS: 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 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 1106 of said Council, and that the same has not been amended or repealed. VJ~7:JOJ VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE (SEAL)