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HomeMy WebLinkAboutOrd. No. 2004-1132 ORDINANCE NO. 1132 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH CASTLE & COOKE LAKE ELSINORE OUTLET CENTERS, INC. WHEREAS, Castle & Cooke Lake Elsinore Outlet Centers, Inc., a California limited liability company ("C&CLEOC, Inc.") herein owns approximately 205 acres within the limits of the City east of the 1-15 Freeway and adjacent to Nichols Road and which more particularly described in Exhibit "A" to the attached Development Agreement (the "Property"). WHEREAS, on October 15, 1995, City and Horizon/Glen Outlet Centers Limited Partnership, a Delaware limited partnership, a prior owner of the Property, entered into that certain Agreement to Develop and Operate Shopping Center dated October 15, 1995 (the "Original Development Agreement"). WHEREAS, subsequent thereto, C&CLEOC, Inc. succeeded to all of Horizon/Glen Outlet Centers Limited Partnership's rights, title and interests in and to the Original Development Agreement; WHEREAS, there was a dispute between the City and C&CLEOC, Inc. concerning the respective rights and obligation of the Original Development Agreement to which representatives of the parties have negotiated a resolution that provides for amending the Original Development Agreement. 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; 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; WHEREAS, the City and C&CLEOC, Inc. have prepared a development agreement which amends and restates the Original Development Agreement entitled Amended and Restated Agreement to Develop and Operate Shopping Center, attached hereto (the "Amended Development Agreement") with respect to the Property, and proceedings have been taken with respect to the Amended Development Agreement in accordance with the City's rules and regulations; and - WHEREAS, following a duly noticed public hearing on October 19,2004, the Planning Commission of the City of Lake Elsinore approved certain findings and recommended approval of the proposed Amended Development Agreement by the City Council. WHEREAS, in accordance with the terms of the Amended Development Agreement, the City Council desires to terminate the Original Development Agreement with respect to the Property; and Ordinance re Outlet eelIer Development Agmt 1l0304.doc - WHEREAS, the City Council desires to amend and restate the Original Development Agreement with respect to the Property by approving the Amended Development Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: FINDINGS The City Council held a duly noticed public hearing on the Amended Development Agreement on November 9, 2004 and based on the information presented, the City Council makes the followip.g findings in accordance with Section 19.12.080 of the Lake Elsinore Municipal Code: 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for in the General Plan. 3. The Development Agreement is in conformity with public convenience, general welfare and good land use practices. 4. The Development Agreement will not be detrimental to the health, safety and general welfare of the community. 5. The Development Agreement will not adversely affect the orderly development of property or the preservation of property values. 6. The Development Agreement is consistent with the provisions of Government Code Sections 65864-65869.5. SECTION 2: CEQA 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 promulgated thereunder (hereinafter collectively referred to as "CEQA") and that the Amended Development Agreement has complied with the requirements of the CEQA under the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. As a restatement of the project approved in 1995, the Amended Development Agreement does not have the potential to cause an environmental impact and will not result in any physical impact on the environment beyond the project approved in 1995. C&CLEOC, Inc. and the City shall prepare all necessary and appropriate environmental documentation in connection with all future development approvals, which shall be subject to CEQA evaluation and any required mitigation measures. Ordinance re Outlet Certer Development Agmt l10304.doc 2 SECTION 3: AGREEMENT APPROV AL OF AMENDED DEVELOPMENT The City Council hereby approves the Amended Development Agreement between the City of Lake Elsinore and Castle & Cooke Lake Elsinore Outlet Centers, 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 Amended Development Agreement on behalf of the City of Lake Elsinore. SECTION 4: RECORDATION The City Clerk is directed to transmit the Amended Development Agreement to the County Recorder for recordation no later than ten (l0) days after the adoption of this Ordinance. SECTION 5: TERMINATION The City of Lake Elsinore hereby terminates that certain Original Development Agreement with respect to the Property. SECTION 6: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 7: . NOTICE OF ADOPTION The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. SECTION 8: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, UPON FIRST READING this 9th day of November, 2004, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Ordinance re Outlet Certer Development Agmt II 0304.doc 3 PASSED, APPROVED AND ADOPTED this 11. day of November ,2004, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: , Mayor ST: . ,~D:.1d Vicki Kasad, -ity Clef - Ordinance re Outlet Certer Development Agmt l10304.doc 4 - 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 on the 9th day of November, 2004, and presented for second reading by title only for adoption on the 23fdday of November, 2004, and approved, by the following roll call vote: AYES: COUNCILMEMBERS: HICKMAN, KELLY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ~BSENT: COUNCILMEMBERS: NONE - A~ST~~ fOUNCILMEMBERS: KI SA~ CLERK CITY OF LAKE ELSINORE 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. 1132 of said Council, and that the same has not been amended or repealed.