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No. 2004-1127 ORDINANCE NO. 1127 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 956 AND APPROVING AN AMENDMENT IN PART AND TERMINATION IN PART OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND EASTLAKE COMMUNITY BUILDERS WHEREAS, on June 8, 1993, the City Council of the City of Lake Elsinore adopted Ordinance No. 956 approving a Development Agreement between the City and Eastlake Community Builders dated June 23, 1993 (the "Orig~nal Agreement") which covered approximately 3,000 acres of real property within the East Lake Specific Plan; and WHEREAS, on December 26, 2002, the City's Redevelopment Agency, Laing-CP Lake Elsinore LLC and Civic Partners - Elsinore LLC entered into a Disposition and Development Agreement (the "DDA") which contemplates an amendment to the East Lake Specific Plan and termination of certain prior agreements relating to the development of the Specific Plan area; and WHEREAS, Laing - CP Lake Elsinore LLC (Laing) is requesting the Original Agreement be amended in part relating only to approximately 706.25 acres comprising its project as described in the East Lake Specific Plan Amendment No.6 (the "Amended Development Agreement") and that the balance of the Original Agreement be terminated as contemplated by the DDA and agreed to by the parties thereto pursuant to a Settlement Agreement entered into concurrent with the DDA; and 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 set forth in Chapter 19.12 of the Lake Elsinore Municipal Code; and WHEREAS, in accordance with City rules and regulations, the Planning Commission of the City of Lake Elsinore at a regular meeting held on April 6, 2004 made its recommendation in favor of the Amended Development Agreement by adopting Planning Commission Resolution No. 2004-39 recommending to the City Council approval of the Amended Development . Agreement; and WHEREAS, the City Council of the City of Lake Elsinore convened at a regular meeting held on April 27, 2004 during which public testimony was received and discussed and at the conclusion of which the matter was deferred to a City Council Study Session on June 10, 2004 during which additional public testimony was received and discussed; and ORDINANCE NO. 1127 PAGE 2 - WHEREAS, notice of a public hearing of the City Council on July 27, 2004 to consider the Amended Development Agreement was duly published on July 15, 2004 in the Press Enterprise. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES ORDAIN AS FOLLOWS: SECTION I. Findings. The City Council held a duly noticed public hearing on the Amended Development Agreement on July 27,2004 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. 1. The Amended Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Amended Development Agreement vests the certain development rights for the project which includes land uses consistent with the General Plan and addresses funding mechanisms and procedures to ensure the East Lake Specific Plan Amendment No.6 project is constructed and implemented in accordance with the General Plan. 2. The Amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for in the East Lake Specific Plan Amendment No.6 document, which is where the real property is located. - The Amended Development Agreement vests the certain de'(relopment rights for the project as described in and consistent with the East lake Specific Plan Amendment No.6. 3. The Amended Development Agreement conforms to the public convenience and general welfare and reflects good land use practices. The Amended Development Agreement vests cert;lin development rights for the project which will include residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses reflect good land use practices and will conform to the public welfare. 4. The Amended Development Agreement will not be detrimental to the health, safety and general welfare of the community. The Amended Development Agreement provides for the development of residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas in accordance with Specific Plan Amendment No. 6 and subject to the conditions of approval and all applicable mitigation measures. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. The conditions of approval and mitigation measures will assure that such development is completed without detrimental impacts on the health, safety and general welfare of the community. 2 ORDINANCE NO. 1127 PAGE 3 5. The Amended Development Agreement will not adversely affect the orderly development of property or the preservation of property values. The Amended Development Agreement provides for the development of residential and commercial uses, park areas, a golf course, a proposed elementary school, and open space areas in accordance with Specific Plan Amendment No. 6 and subject to the conditions of approval and all applicable mitigation measures. As shown in the Specific Plan Amendment No.6 document, these proposed land uses will be constructed in orderly phases, will preserve habitat areas as appropriate and will not adversely affect property values. 6. The Amended Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5. The form and content of the Amended Development Agreement is consistent with the requirements of the Government Code. SECTION 2. CEOA. The City has properly reviewed and assessed the Amended 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 and finds that the Supplemental EIR in connection with the East Lake Specific Plan Amendment No. 6 and associated discretionary approvals address all potential environmental impacts. The Supplemental EIR finds that significant unavoidable air quality and noise impacts will result regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. SECTION 3. Approval of Amended Development Agreement. The City Council approves the First Amended and Restated Development Agreement between the City of Lake Elsinore and Laing. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the Amended Development Agreement on behalf of the City of Lake Elsinore. SECTION 4. Repeal of Ordinance No. 956 and Termination of Original Agreement in Part. The City Council hereby repeals Ordinance No..956 and terminates the Original Agreement in all respects as to all real property not included as the approximately 706.25 acres of "Developer Property" as defined in the Amended Development Agreement. SECTION 5. Recordation. The City Clerk is directed to transmit the Amended Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance. SECTION 6. Effective Date. This Ordinance shall be in full force and effective 30 days from and after the date of its passage. 3 ORDINANCE NO. 1127 PAGE 4 SECTION 7. Postin~ 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 27th day of July, 2004, by the following vote: AYES: COUNCILMEMBERS: KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: HICKMAN, BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTENTIONS: COUNCILMEMBERS: NONE PASSED, UPON SECOND READING this 26 of August, 2004, by the following vote: AYES: COUNCILMEMBERS: KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: HICKMAN, BUCKLEY ABSENT: COUNCILMEMBERS: NONE - ABSTENTIONS: COUNCILMEMBERS: NONE " \ ! - (SEAL) ~ .) 4 -- STATE OF CALIFORNIA ) COUNTY OF RlVERSIDE ) 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 on the 27th day of July, 2004, and presented for second reading by title only for adoption on the 26th day of August, 2004, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: KELL Y, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: HICKMAN, BUCKLEY SENT: COUNCILMEMBERS: NONE - OUNCILMEMBERS: NONE - (SEAL}. STATE OF CALIFORNIA) COUNTY OF RlVERSIDE ) 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. 1127 of said Council, and that the same has not been amended or repealed. DAfD~ Se lember 2,2004 Vrk. : ...Y~~SAD. Cf..:ry LERK CfTY Oi~LAKE ELSINORE -rsEAL)':';' .