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HomeMy WebLinkAbout0015_2_PA 2016-04 - Exhibit A Campbell SalesRESOLUTION NO. 2016-__ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE SALE OF THE CAMPBELL STREET REMNANT PARCEL APN 363-161-034 TO JIC DIAMOND WHEREAS, the City of Lake Elsinore on behalf of development applicant JIC Diamond are requesting City Council approval to purchase the Campbell Street remnant parcel from the City; and WHEREAS, the Campbell Street remnant parcel is located at the terminus of Diamond Drive and Campbell Street just north of Diamond Drive between Lakeshore Drive and Pete Lehr Drive and is located within the Diamond Specific Plan in the Commercial Mixed Use zone district; and, WHEREAS,the Campbell Street remnant parcel totals 0.19 acres (8,276 square feet) in gross area and 0.16 acres (6,970 square feet) in net area and the purchase is for the net acreage as 0.03 acres will be retained by the City for road widening and improvements to Diamond Drive; and WHEREAS, the property owners have submitted development applications and are proceeding with environmental review as set forth in the California Environmental Quality Act (CEQA) Guidelines and zoning entitlements pursuant to State Law and the Lake Elsinore Municipal Code; and, WHEREAS, a preliminary title report was prepared and such report does not identify and restrictions or encumbrances on the Campbell Street remnant parcel; and, WHEREAS,the sale of the Campbell Street remnant parcel is categorically exempt from the California Environmental Quality Act (Cal. Publ. Res. Code 21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs 15000 et seq.), specifically because the Project is a minor alteration to an existing roadway pursuant to Public Resources Code Section 21080.37 and is consistent with the applicable General Plan circulation designation and policies, the Project is within the City’s boundaries, the Property has no value as habitat, and approval of the Project will not result in any significant effects; and WHEREAS, upon transfer to JIC Diamond, the remnant parcel will be integrated into the proposed indoor sports facility project (“Project”) and the Addendum #1 to the Diamond Specific Plan EIR (SCH 2009031084) is adequate and prepared in accordance with the requirements of CEQA; and WHEREAS, a property appraisal was conducted on May 13, 2016 that identified the fair market value of the Campbell Street remnant parcel; and, WHEREAS, the transfer of the property shall be contingent upon the applicant obtaining the project entitlements and complying with provisions set forth in the Purchase and Sale Agreement; and, WHEREAS,on October 25, 2016, at a duly noticed regular meeting, the City Council has considered the recommendation of staff as well as evidence presented by the Community Development Department and other interested parties with respect to this item. CITY COUNCIL RESOLUTION NO. 2016-__ SALE OF CAMPBELL STREET REMNANT PARCEL APN 363-161-034 PAGE 2 OF 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed sale of the Campbell Street remnant parcel and has found it to be in the public interest. The City Council has reviewed and analyzed the proposed sale and determined the proposal consistent with the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan, the Diamond Specific Plan, and the Lake Elsinore Municipal Code. SECTION 2. The City Council has considered oral and written testimony offered at the regular meeting and determined that the sale of the Campbell Street remnant parcel is in compliance with the California Environmental Quality Act (CEQA) Guidelines. SECTION 3. The City Council finds that the sale of the Campbell Street remnant parcel is at fair market value, the property has no restrictions or encumbrances, and the sale is in the public interest in that it can be integrated to the proposed Project to provide a more functional site plan with pedestrian and vehicular access and which the City Council finds will provide the greatest public benefit and is in the best interests of the City. SECTION 4. Based upon all of the evidence presented, the above findings, and consistency with the Lake Elsinore General Plan, Diamond Specific Plan and Lake Elsinore Municipal Code, the City Council of the City of Lake Elsinore hereby approves the sale of the Campbell Street remnant parcel as set forth in attached the Purchase and Sale Agreement (“Exhibit A”), authorizes the City Manager to sign the Purchase and Sale Agreement in substantially the form attached and in such final form and subject to such changes as approved by the City Attorney, to administer the Purchase and Sale Agreement and to sign all ancillary documents necessary to effectuate the conveyance of the remnant parcel. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on the 25th day of October, 2016. Brian Tisdale, Mayor City Council of the City of Lake Elsinore ATTEST: _____________________________ Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: ___________________________________ Barbara Leibold, City Attorney CITY COUNCIL RESOLUTION NO. 2016-__ SALE OF CAMPBELL STREET REMNANT PARCEL APN 363-161-034 PAGE 3 OF 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE }SS I, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016- ___ as adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 25th day of October 2016, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Susan M. Domen, MMC City Clerk