HomeMy WebLinkAbout0015_4_AVSP - Exhibit C Ord. Development AgreementORDINANCE NO. 2017-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT FOR THE AMENDED
AND RESTATED ALBERHILL VILLAGES SPECIFIC PLAN
Whereas, Pacific Clay Products, Inc., has requested approval of a Development Agreement
for the Amended and Restated Alberhill Villages Specific Plan (AVSP) regulating development
of an approximately 1,375 acre site located south of Interstate 15 and west of Lake Street
which allows approximately 8,024 dwelling units; 3,810,300 square feet of non-residential uses
including civic/institutional, commercial/retail, professional office/medical and entertainment
uses; university or similar education institutional use; and supporting uses including schools,
parks, places of religious assembly, open space and greenbelt paseos (Project); and,
Whereas, pursuant to LEMC Chapter 19.12 (Development Agreements) the Planning
Commission (Commission) of the City of Lake Elsinore (City) has been delegated with the
responsibility of reviewing and making a recommendation to the City Council (Council)
whether the development agreement is consistent with the City’s General Plan and whether to
approve the development agreement; and,
Whereas, on February 7, 2017, the Planning Commission considered evidence presented by
the Community Development Department and other interested parties at a duly noticed public
hearing held with respect to the Development Agreement for the Amended and Restated
Alberhill Villages Specific Plan and by Resolution No. 2017- 20 recommended that the City
Council adopt an Ordinance approving the Development Agreement;
Whereas, on February 14, 2017 the Council of the City conducted a duly noticed Public
Hearing and considered oral and written testimony.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. On February 14, 2017, after consideration and evaluation of all written reports and
comments and oral testimony presented by the Community Development Department and
other City departments, property owners, residents and other interested parties and such other
matters as are reflected in the record of the noticed Public Hearing on the Project, the Council
approved the Addendum to the Final EIR (SCH 2012061046) and approval of the Amended
and Restated AVSP.
Section 2. That in accordance with California Planning and Zoning Law and the Lake Elsinore
Municipal Code (LEMC) Section 19.12.070 (Commission report), the Council makes the
following findings regarding Development Agreement No. 2016-02:
1. It is consistent with the objectives, policies, general land uses and programs
specified in the General Plan and any applicable specific plan;
The proposed Development Agreement will facilitate the development of a large Mixed
Use development. The proposed facility is located in the Specific Plan General Plan Land use
designation and is located within the Alberhill District planning district. The Alberhill planning
district calls for a mixed use of residential, commercial and industrial uses with extractive
overlay that will be phased out overtime as development proceeds. Goal 1 implementation
Ord. No. 2017-______
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program asserts the primary goal of the Alberhill District is to support and maintain a healthy
transition from extractive / mining activities to a network of residential communities with a
balanced mix of residential, commercial, light industrial, business professional, and institutional
/ public uses that provide a sense of place and high quality of life.
2. It is compatible with the uses authorized in, and the regulations prescribed for, the
land use district in which the real property is located;
The proposed Development Agreement will facilitate the development of a large mixed
use mater planned community as set forth in the Amended and Restated AVSP. The Alberhill
District specifies a variety of mixed uses that provide a high quality of life that is compatible
with existing uses in the vicinity. The Amended and Restated AVSP Project is consistent with
uses authorized in Alberhill District.
3. It is in conformity with public convenience, general welfare and good land use
practices;
The approved Amended and Restated AVSP which will be facilitated through the
proposed Development Agreement was found to be a high value development which will
beneficial impacts to the surrounding community. Furthermore, any proposed adverse impacts
have been mitigated to levels of less than significance.
4. It will not be detrimental to the health, safety and general welfare;
The proposed Development Agreement will facilitate the development a large mixed
use Project area. The previously approved AVSP was found not be detrimental to the health,
safety and general welfare.
5. It will not adversely affect the orderly development of property or the preservation of
property values;
The proposed Development Agreement will facilitate the development a large mixed
use Project. The Amended and Restated AVSP was found not adversely affect the orderly
development of property or the preservation of property values.
6. It is consistent with the provisions of Government Code Sections 65864 through
65869.5.
The proposed Development Agreement includes all mandatory provisions required by
Government Code § 65865.2 and does not include any provisions that are not authorized by
the Development Agreement Act.
Section 3. Based upon the evidence presented and the above findings, the Council of the
City, hereby approves Development Agreement No. 2017-02.
Section 4. If any provision of this Ordinance or its application is held invalid by a court of
competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Resolution which can be given effect without the invalid provision or
application, and to this end each phrase, section, sentence, or word is declared to be
severable.
Ord. No. 2017-______
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Section 5. This Ordinance shall take effect thirty (30) days after the date of its final passage
or such later date as may be designated by the Council. The City Clerk shall certify as to
adoption of this Ordinance and cause this Ordinance to be published and posted in the
manner required by law.
PASSED and ADOPTED this ___th day of February, 2017.
Robert Magee, Mayor
Attest:Approved as to Form
Susan M. Domen, MMC, City Clerk Barbara Leibold, City Attorney
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
SS
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify
that the foregoing Ordinance No. 2017-__ was introduced at the Regular meeting of February
14th 2017, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting
of February 28, 2017, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susan M. Domen, MMC,
City Clerk