HomeMy WebLinkAboutOrd. No. 2003-1107
ORDINANCE NO.n07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING A
PREANNEXATION AND DEVELOPMENT AGREEMENT WITH
PACIFIC CLAY PRODUCTS, INC
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 Pacific Clay Products, Inc. to
consider a pre annexation and 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 Preannexation and Development Agreement does not have the potential for
resulting in a direct or indirect reasonably foreseeable physical change in the environment; and
WHEREAS, pursuant to 14 Cal. Code of Regs. 9 15352(a), the Preannexation and
Development Agreement does not constitute an approval, and therefore, not a project under
CEQA, because the City's approval of the Pre annexation and Development Agreement does not
commit the City to any definite course of action; and
WHEREAS, pursuant to Public Resources Code 9 21065 and 14 Cal. Code of Regs. 9
15060(c)(2), the Preannexation and 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. 9 15352(a), the Preannexation and Development
Agreement does not constitute an approval, and therefore, not a project under CEQA, because
the City's approval of the Pre annexation and 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. 2003-82 making
certain findings and recommending approval of the proposed Preannexation and Development
Agreement by the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findin2:s. The City Council held a duly noticed public hearing on the
Pre annexation and 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:
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04/03/03
a. The Preannexation and Development Agreement is consistent with the objectives,
policies, general land uses and programs specified in the General Plan.
b. The Preannexation and Development Agreement is in conformity with public
convenience, general welfare and good land use practices.
c. The Preannexation and Development Agreement will not be detrimental to the health,
safety and general welfare of the community.
d. The Preannexation and Development Agreement will not adversely affect the orderly
development of property or the preservation of property values.
e. The Preannexation and Development Agreement is consistent with the provisions of
Government Code Section 65864-65869.5
f. The Preannexation and Development Agreement is not a project under CEQA because, at
this stage, the Preannexation and Development Agreement does not have the potential for
resulting in a direct or indirect reasonably foreseeable physical change in the
environment. (Public Resources Code 9 21065 and 14 Cal. Code of Regs. 9
15060(c)(2)).
g. The Preannexation and Development Agreement does not constitute an approval, and
therefore, not a project under CEQA, because the City's approval of the Preannexation
and Development Agreement, at this stage, does not commit the City to a definite course
of action. (14 Cal. Code of Regs. 9 15352(a)).
Section 2. CEQA. The City has properly reviewed and assessed the Preannexation and
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 Pre annexation and
Development Agreement is not a project under the California Environmental Quality Act
(CEQA) because, at this stage, the Preannexation and Development Agreement does not have the
potential for resulting in a direct or indirect reasonably foreseeable physical change in the
environment. (Public Resources Code 9 21065 and 14 Cal. Code of Regs. 9 15060(c)(2)).
Further, the Preannexation and Development Agreement does not constitute an approval, and
therefore, not a project under CEQA, because the City's approval of the Pre annexation and
Development Agreement, at this stage, does not commit the City to a definite course of action.
(14 Cal. Code of Regs. 9 15352(a)). The Developer and the City shall prepare all necessary and
appropriate environmental documentation in connection with the proposed annexation and all
future development approvals shall be subject to subject to CEQA evaluation and any required
mitigation measures, if an annexation application and future development approvals are
submitted.
Section 3. Approval of the Preannexation and Development Aereement. The
City Council hereby approves the Preannexation and Development Agreement between the City
of Lake Elsinore and Pacific Clay Products, Inc 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.
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04/03/03
Section 4. Recordation. The City Clerk is directed to transmit the Preannexation
and 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. Postine 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:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
KELLEY, SCHIFFNER, BRINLEY
BUCKLEY
NONE
HICKMAN
PASSED, APPROVED AND ADOPTED this 14th day of October, 2003, upon
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATrST:
e~~l~
City of Lake Elsinore
Councilmembers:
Councilmembers:
Councilmembers:
HICKMAN, KELLEY, SCHIFFNER, BRINLEY
BUCKLEY
NONE
-
H
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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:
HICKMAN, KELLEY, SCHIFFNER,
BRINLEY
NOES:
COUNCILMEMBERS:
BUCKLEY
ABSENT: COUNCILMEMBERS:
01-~ I COUNCILMEMBERS:
VICKI KA~TY 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 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy
of Ordinance No. 1107 of said Council, and that the same has not been amended or repealed.
~rED: October 15, 2003
(O~- y I
VICKIKA~Y CLERK
CITY OF LAKE ELSINORE
(SEAL)