HomeMy WebLinkAboutOrd. Nos 1997-1024-1032
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ORDINANCE NO. lQ.24
AN ORDINANCE OF THE CITY COUNCn.. OF THE CITY
OF LAKE ElSINORE, CALIFORNIA, APPROVING
DEVELOPMENT AGREEMENT WITH FIRST FINANCIAL
GROUP, me,
RECITALS
WHEREAS, the City of Lake Elsinore is a party to certain litigation entitled ~
Elsinore Associates v. I~ke Elsinore Redevelo,pment Aeency, et. al., Riverside County Superior
Court Case No. 243468; and,
\\'HEREAS, in settlement of the above reference litigation, the City and Redevelopment
Agency entered into the Settlement Agreement on or about January 9, 1996; and,
WHEREAS, one of the conditions precedent to releasing the Lis Pendens filed by the
above-referenced Plaintiff and ultimately dismissal of the above-referenced litigation, is the
entering into the Development Agreement with the Plaintiff, pursuant to Government Code
Section 65864 - 65869.5 memorializing the terms of the Settlement Agreement; aud,
\\'HEREAS, the proposed Development Agreement memorializes the terms of the
Settlement Agreement, a copy of which Development Agreement is attached hereto as Exhibit
"A".
NOW, TIlEREFORE BE IT ORDAINED AS FOLLOWS:
1. That the foregoing recitals are true and correct;
2. That the City of Lake Elsinore does hereby enter into the Development Agreement
with First Financial Group, Inc., as more specifically set forth in Exhibit "A" attached hereto
and made a part hereof.
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INTRODUCED AND APPROVED UPON FIRST READING by title only, this 19th day
of December, 1996, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
- ALONGI, BRINLEY, METZE, P APE
NOES:
COUNCILMEMBERS:
KELLEY
ABSENT:
COUNCILMEMBERS:
NBNE
ABSTAIN:
COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING by title only, this
@8 th day of January, 1996, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, METZE, PAPE
NOES:
COUNCILMEMBERS:
KELLEY
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
ATIEST:
2. (:1L% ~
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City Clerk
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APPROVED:
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City Attorney
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 read by title only for adoption on
December 19, 1996, and passed on January 28, 1997, by the following roll
call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, METZE, P APE
NOES:
COUNCILMEMBERS:
KELLEY
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
2f~u
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(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. 1024 of said Council, and that the same has not been amended or repealed.
DATED: January 29, 1997
~~W
VICKI KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
..
102326
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RECEIVED FOR RECORD
AT 8:00 O'CLOCK
PLEASE COMPLETE THIS INFORMA rlON
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
MAR 2 7 1997
City Clerk
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
........ irI OlIollllftotdS
".....~. c"'*"'-
?lLFH:1:L
.ACE A80YE 'OR IlECOOP'S USE OHL Y
L~
HI::>
THIS AREA FOR
RECORDERvg
USE ONLY'
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3,00 Additional Recording Fee Applies)
Slc;.sc.so -.
s..a-_ 7. , elI5
102326
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Recording Fees Exempt
Due to Government
Code Section 27383
City Clerk
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
City Clerk,
City of Lake Elsinore
-----------------------------------------------------------------
(Space Above Line for Recorder's Use Only)
,
,
DEVELOPMENT AGREEMENT
BETWEEN
THE CITY OF LAKE ELSINORE
AND
FIRST FINANCIAL GROUP, INC.
(Pursuant To Government Code
Sections 65864 - 65869.5)
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TABLE OF CONTENTS
1.
2.
3.
Definitions. . . . . . . . . . .. . . . . . . . . .
Exhibits . . . . . . . . . . . . . . . . . . . . . . . .
Mutual Benefits . . . . . . . . . . . . . . . . . .
3.1 Benefits to City. . . . . . . . . . . . . . .
3.2 Benefits to Developer . . . . . . . . . . . . . .
Interest of Developer . . . . . . . . . . . . . . . . .
Binding Effect of Agreement . . . . . . . . . . . . . .
Project as a Private Undertaking ..........
Term . . . . . . . . . . . . . . . . . . .. . . . .
Hold Harmless ... . . . .. ...........
8.1 By Developer. . . . .. . . .. . . .
8. 2 By City . . . . . . . . . . . . . . . . . . . . .
Vested Right . .. . . . . . . . . . . .. . . .
9.1 Conflicting Enactments. .. . . . . . . . . .
9.2 Intent of Parties . . . . . .. . . . . . . . . . .
General Development/Administration/Processing of the
proj ect . . . . . . . . . . . . . . . . . . . . . . . .
10.1 Project . . . . . . . . . . . .. ....
10.2 Phasing and Timing of Development
10.3 Future Approvals. . . . . . . . . . . . .
10.4 Effect of Agreement on Future Land Use Approvals
10.5 Financing of Public Facilities and/or Services. .
10.6 Public Services and Facilities; Off-Site
Improvements; Reimbursement Requirements . . .
10.6.1 Public Services and Facilities.
10.6.2 Reimbursement Requirements. . . . . . .
10.6.3 Utilities.............
10.6.4 Developer's Off-Site Improvements . . .
10.6.5 Infrastructure capacity . . .
10.7 Assessments and Fees. . . . . . . . . . . . . . .
10.8 Term of Tentative Maps and Other Project
Approvals . . . . . . . . . . . . . . . . . . . .
10.9 Processing During Third Party Litigation. . . . .
10.10 Other Governmental Bodies . . . . . . . . . . . .
10.11 Design/Development Standards. . . . . . . . . . .
10.12 Development Agreement/Project Approvals . . .
Rules, Regulations and Official Policies . . . . . . . .
11.1 New Rules . . . . ... . . . . . . . . . . . . . .
11.2 Subsequent Actions and Approvals. . . . . . . . .
11.3 State and Federal Laws. . . . . . . . . . . . . .
Revisions to Agreement . . . . . . . . . . . . . . .
12.1 Amendment or Cancellation of Agreement. . . . . .
12.2 Administrative Changes and Amendments . . . . . .
Enforcement . . . . . . . . . . . . . . . .. .. .
Periodic Review of Compliance with Agreement . .. .
Events of Default . . . . . . . . . . . . .
15.1 Default by Developer. . . . . . . . . ... .
15.2 Default by City . . . . . . . . . . . . . . . . .
15.3 Specific Performance Remedy . . . . .. . . .
Institution of Legal Action . . .. ....... .
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17. Attorneys' Fees . . . . . . . . . . . . . . . . . . 19
18. Cooperation in the Event of Legal Challenge . . . . .. 19
19. Waivers and Delays ........ .. . . . 20
19 .1 Waiver. . . . . . . . . . . . . . . . . . . . 20
19.2 Third Parties . . . . . . . . . . . . . . . . .. 20
19.3 Force Majeure . . . . . . . . . . . . . . . . . . 20
20. Notices . . . . . . . . . . . . . . . . . . . . . . . . 20
21. Transfers and Assignments . . . . . . . . . . . . . 21
21.1 Right to Assign .. .. . . . . . . . .. 21
21.2 Liabilities Upon Transfer . .. ..... .. 21
22. Authority to Execute . . . . . . . . . . . . . . . . . . 22
23. statement of Compliance . . . . . . . . . .. . . . 22
24. Recordation . . . . . . . . . . . . . . . . . . . . .. 22
25. Protection of Mortgage Holders . . . . . . . . . . . .. 23
26. Entire Agreement . . . . . .. ..... . . . . 24
27. Severability of Terms . . . . . . . . . . .. . . . 24
28. Interpretation and Governing Law. . . . . . . . 24
29. Section Headings . . . . .. .. . . . . . . . . . . 24
30. Incorporation of Recitals and Exhibits . . . . . . . 24
31. Rules of Construction and Miscellaneous Terms . . . 24
31.1 Gender. . . . . . . . . . . .. .. . . . .. 24
31.2 Time of Essence . . . . . . . . . . . . . . . . . 24
31.3 Cooperation . . . . . . . . . . . . . . . . . . . 24
31.4 Limitation of Liability . . . . . . . . . . . . . 25
32. Applicable Rules. . . . . . . . . . . . . . . . . . 25
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DEVELOPMENT AGREEMENT
(Pursuant To Government Code
Sections 65864 - 65869.5)
This DEVELOPMENT AGREEMENT ( "Agreement") is entered
into as of this 28th day of February, 1997, between FIRST
FINANCIAL GROUP, INC., a California corporation ("Developer"),
and the CITY OF LAKE ELSINORE, a municipal corporation organized
and existing under the laws of the State of California ("City").
Developer and City are sometimes collectively referred to herein
as the "parties."
RECITALS
A. These Recitals refer to and utilize certain capitalized
terms which are defined in this Agreement. The parties intend to
refer to those definitions when they are used in these Recitals.
B. Government Code SS 65864 - 65869.5 ("Development Agree-
ment Law") authorize City to enter into binding development
agreements with persons having a legal or equitable interest in
real property for the development of such property, all for the
purpose of strengthening the pubic planning process, encouraging
private participation in comprehensive planning and reducing the
economic costs of development.
C. This Agreement is adopted pursuant to the Development
Agreement Law. This Agreement is also intended by City and
Developer to implement the terms and conditions of that certain
Settlement Agreement dated January 9, 1996 among the City, the
Agency, Developer, Lake Elsinore Associates and ECB whereby the
terms for settling the litigation known as Lake Elsinore
Associates vs. Lake Elsinore Redeve10Dment Agencv. et a1..
Riverside County SUDerior Court Case #243468 are set forth.
D. In June 1993, City adopted and approved the Specific
Plan in order to protect the interests of its citizens and the
quality of the community and environment through the specific
plan process (Government Code SS 65450, ~ ~.). The Specific
Plan implements the goals and policies of the City's General Plan
(the "General Plan") and provides balanced and diversified land
uses in order to maintain the overall quality of life and of the
environment within City and to impose appropriate requirements
with respect to land development and usage.
E. As part of the process of approving the Specific Plan,
City undertook, pursuant to the California Environmental Quality
Act ("CEQA"), the required analysis of the environmental effects
which would be caused by development of the property that is
covered by the Specific Plan (the "Specific Plan Property").
City imposed a series of mitigation measures in connection with
the development of the Specific Plan Property to eliminate or
reduce to a level of insignificance many significant adverse
RISn.;Va. 25624 232078 7
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impacts caused by the development of the Specific Plan Property.
As to those significant adverse impacts which could not be
eliminated or reduced to a level of insignificance, the City
Council of City (the "City Council") adopted a statement of
overriding considerations pursuant to CEQA setting forth why the
beneficial aspects of development of the Specific Plan Property
outweighed those significant adverse impacts which could not be
eliminated or reduced by mitigation measures. On May 25, 1993,
the City Council adopted Resolution No. 93-28, certifying the
environmental impact report ("EIR") prepared for the Specific
Plan as being complete and adequate and complying with CEQA.
F. On January 9, 1996, the Redevelopment Agency of the
City of Lake Elsinore ("Agency") approved a Form of Purchase and
Sale Agreement between Agency and Developer pursuant to which,
Agency agrees to sell to Developer and Developer agrees to
purchase from Agency approximately 80 acres of land within the
Specific Plan Property, as depicted on the map attached hereto as
Exhibit "A" and more particularly described in the legal
description attached hereto as Exhibit "B" (the "Property").
Developer therefore owns a legal or equitable interest in the
Property, as required by the Development Agreement Law.
G. Developer proposes to develop the Property as a single
family residential development consisting of no less than four
hundred (400) single family residential units on a variety of lot
sizes suitable for the construction of a variety of product
types, depending on market considerations, and associated on-site
and off-site improvements (the "Project").
H. The Project will be capital intensive, especially in
its initial phases, requiring major investment in public facili-
ties and on-site and off-site improvements prior to the construc-
tion and sale of housing in order to make the Project economic-
ally and fiscally feasible. Recognizing that the Project will be
capital intensive and will be developed in stages over a period
of time and recognizing Developer's need for certainty in its
development of the Project, City and Developer have agreed to
enter into this Development Agreement pursuant to and in accord-
ance with the Development Agreement Law and the City Enacting
Ordinance.
I. On December 4, 1996, the Planning Commission of City
(the "Planning commission"), after a duly noticed public hearing,
recommended that the City Council not approve this Agreement.
J. Pursuant to and in accordance with CEQA, City prepared
a Mitigated Negative Declaration for the Project and this
Agreement and determined that the Mitigated Negative Declaration
satisfied CEQA with respect to the Project and this Agreement.
K. On January 14, 1997, the City Council, after a duly
noticed public hearing, adopted Ordinance No. 1024, approving
this Agreement, which Ordinance became effective on February
28th, 1997 (the "Effective Date").
RlSn. VER 2562A 232078 7
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L. City has found and determined that the execution of
this Agreement is in the best interests of the public health,
safety and general welfare of City and its residents and that
adopting this Agreement constitutes a present exercise of its
police power.
M. The City Council has found that the Project and this
Agreement are consistent with the General Plan and the Specific
Plan.
NOW, THEREFORE, with reference to the foregoing Recitals and
in consideration of the mutual promises, obligations and coven-
ants herein contained, the parties hereto agree as follows:
1. Definitions.
1.1 "Additional Off-Site Improvements" is defined in
Section 10.6.1(d) below.
1.2 "Agency" is the Redevelopment Agency of the City
of Lake Elsinore.
1.3 "Agreement" is this Development Agreement.
1.4 "Applicable Rules" are all of the rules,
regulations and official pOlicies of City in effect as of the
Effective Date, including without limitation, the Specific Plan,
and the Project Approvals, which govern the permitted uses of the
Property, and which govern the design, improvement and
construction standards and specifications applicable to
development of the Property.
1.5 "CEQA" is defined in Recital E above.
1. 6 "City" is the City of Lake Elsinore, California.
1.7 "City Council" is defined in Recital E above.
1. 8 "Ci ty Enacting Ordinance" means Chapter 17.85 of
the City Municipal Code.
1.9 "Developer" is First Financial Group, Inc., a
California corporation, and its successors in interest to all or
any part of the Property.
1.10 "Developer's Off-Site Improvements" is defined
in Section 10.6.1(d) below.
1.11 "Development Agreement Law" is defined in
Recital B above.
1.12 "ECB" is defined in Section 10.6.1(a) below.
1.13 "Effective Date" is defined in Recital K above.
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1.14
"EIR" is defined in Recital E above.
1.15 "Future Approvals" is defined in Section 10.3
below.
1.16 "General Plan" is defined in Recital D above.
1.17 "Improvement Security" is defined in Section
10.11(c) below.
1.18 "Mortgagee" is defined in section 25 below.
1.19 "Planning Commission" is defined in Recital I
above.
1.20 "Project" is defined in Recital G above.
1.21 "Project Approvals" shall mean all City
approvals, acceptable to Developer, necessary for the design,
development and construction of the Project including, without
limitation, a vesting tentative tract map, all site development
and design approvals and conditional use permits.
1.22 "Property" is defined in Recital F above.
1.23 "Purchase and Sale Agreement" means that certain
Purchase and Sale Agreement dated February 28, 1997, between the
Agency and Developer, whereby the Agency agrees to sell and
Developer agrees to purchase the Property.
1.24 "Related Parties" is defined in Section 31.4
below.
1.25 "$600,000 Credit" is defined in Section
10.6.1(d) below.
1.26 "Specific Plan" is the East Lake Specific Plan,
as amended, originally adopted by City Council Ordinance.No. 955
on June 8, 1993, pursuant to Government Code SS 65450, At IAg.
1.27 "specific Plan Property" is defined in Recital E
above.
1.28 "Subdivision Improvement Agreement" is defined
in Section 10.11(c) below.
1.29 "Subsequent Rules" is defined in Section 9.1
below.
1.30 "Village of South Shore" shall mean that portion
of the Specific Plan Property depicted on the map attached hereto
as Exhibit "0".
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2.
Exhibits.
The following documents are referred to in this
Agreement, attached hereto and incorporated herein by this
reference:
Exhibit DescriDtion
DescriDtion
A
C
Map showing the Property
Legal Description of the Property
Developer's Off-Site Improvements
Map showing Village of South Shore
B
D
3. Mutual Benefits.
This Agreement is entered into for the purpose of
carrying out the development of the Project in a manner that will
ensure certain anticipated benefits to both City, including,
without limitation, residents of City, and Developer as set forth
in this Section. City and Developer agree that, due to the size
and duration of the Project, certain assurances on the part of
each party as to the Project will be necessary to achieve those
desired benefits.
3.1 Benefits to Citv.
The benefits to City (including, without limita-
tion, the residents of City) under this Agreement include, but
are not limited to, the following:
(a) Fulfilling long-term economic and social
goals for City and the community;
(b) Providing both short-term construction
employment and long-term permanent employment within City;
(c) Coordinating phasing of public
facilities with private development;
(d) Providing housing which helps to satisfy
City's obligation to meet City's share of regional housing needs;
and
(e) StimUlating and encouraging the
development of the Specific Plan Property.
3.2 Benefits to DeveloDer.
Developer has expended and will continue to
expend substantial amounts of time and money on the planning,
infrastru~ture construction and development of the Project. In
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addition, Developer will expend substantial amounts of time and
money in constructing public improvements and facilities and in
prcviding for public services in connection with the Project.
Developer would not make such expenditures without this Agree-
ment, and such expenditures will be made in reliance upon this
Agreement. The benefit to Developer under this Agreement
consists of the assurance that Developer will preserve the vested
right to develop the Project as approved in accordance with this
Agreement and the Applicable Rules.
4. Interest of DevelQDer.
Developer represents that Developer has a legal or
equitable interest in the Property.
5. Bindina Effect of Aareement.
The terms and conditions of this Agreement shall be
binding upon and inure to the benefit of the parties and their
successors and assigns. All of the provisions of this Agreement
shall constitute covenants running with the land.
6. Pro;ect as a Private Undertakina.
It is specifically understood and agreed by and between
the parties hereto that the development of the Project is a
private and not a public sector development, that neither party
is acting as the agent of the other in any respect hereunder, and
that each party is an independent contracting entity with respect
to the terms, covenants and conditions contained in this Agree-
ment. No partnership, joint venture or other association of any
kind is formed by this Agreement. The only relationship between
City and Developer is that of a government entity regulating the
development of private property by the owner of such Property.
7. 1.G:m.
The term of this Agreement shall commence upon the
Effective Date and shall continue for a period of fifteen (15)
years.
This Agreement shall terminate with respect to any lot
and such lot shall be released and no longer be subject to this
Agreement, without the execution or recordation or any further
documents, when a certificate of occupancy has been issued for
the building(s) on the lot.
8. Hold Harmless.
8.1 By DeveloDer.
Developer shall defend and hold City and Agency,
their officers, agents, employees, partners and representatives
harmless ~rom liability for damage or claims for damage for
personal injury, including death and claims for property damage,
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which may arise from the activities of Developer or those of
Developer's contractors, subcontractors, agents, employees or
other persons acting on Developer's behalf which relate to the
Project, to the extent of insurance coverage that is commercially
and economically available.
8.2 Bv City.
City shall hold Developer, its officers, agents,
employees, partners and representatives harmless from liability
for damage or claims for damage for personal 'injury, including
death and claims for property damage, which may arise from the
activities of City or those of City'S contractors, subcontrac-
tors, agents, employees or other persons acting on City'S behalf
which relate to the Project. City agrees to and shall defend
Developer and its officers, directors, shareholders, agents,
employees, partners and representatives from actions for damages
caused or alleged to have been caused by reason of City'S activi-
ties in connection with the Project.
9. Vested Riaht.
By entering into this Agreement and relying thereon,
Developer is obtaining a vested right to proceed with the
development of the Project, but subject to any remaining discre-
tionary approvals required in order to complete the Project as
contemplated by the Applicable Rules and by this Agreement (which
discretion shall be exercised in accordance with the Applicable
Rules). By entering into this Agreement and relying thereon, City
is securing certain public benefits which help to alleviate
potential adverse situations in City and enhance the public
health, safety and welfare. City therefore agrees to the
following:
9.1 Conflictina Enactments.
Any change in the Applicable Rules, including,
without limitation, any change in any applicable general, area or
specific plan, zoning, subdivision or building regulation,
adopted or becoming effective after the Effective Date, includ-
ing, without limitation, any such change by means of an ordin-
ance, initiative, resolution, policy, order or moratorium,
initiated or instituted for any reason whatsoever and adopted by
the City Council, Planning Commission or any other agency, board,
commission or department of City, or any officer or employee
thereof, or by the electorate, as the case may be, which would,
absent this Agreement, otherwise be applicable to the Property
and which would conflict in any way with or be more restrictive
than the Applicable Rules ("Subsequent RUles"), shall not be
applied by City to the Property. Developer may qive City written
notice of its election to have any Subsequent Rule applied to the
Property, in which case such Subsequent Rule shall be deemed to
be an Applicable Rule.
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9.2 Intent of Parties.
No City-imposed moratorium or other limitation
(whether relating to the rate, timing or sequencing of the devel-
opment or construction of all or any part of the Property,
whether imposed by ordinance, initiative, resolution, policy,
order or otherwise, and whether enacted by the City Council,
Planning Commission, an agency, board, commission or department
of City, or any officer or employee thereof, or the electorate,
or otherwise) affecting parcel or subdivision maps (whether
tentative, vesting tentative or final), building permits,
occupancy certificates or other entitlements to use or service
(inclUding, without limitation, water and sewer) approved, issued
or granted within City, or portions of City, shall apply to the
Property to the extent such moratorium or other limitation is in
conflict with this Agreement; provided, however, the provisions
of this Section shall not affect City's compliance with moratoria
or other limitations mandated by other governmental agencies or
court-imposed moratoria or other limitations.
10. General Develooment/Adminis~ration/Processina of the
Proiect.
10.1 Proiect.
While this Agreement is in effect, Developer
shall have a vested right to develop the Project generally in
accordance with the terms and conditions of this Agreement, and
in accordance with, and to the extent of, the Applicable Rules,
and subject to any remaining discretionary entitlements required
in order to complete the Project, which discretionary
entitlements shall be processed in accordance with the Applicable
Rules. Except as otherwise specified in this Agreement, the
Applicable Rules shall control the overall design, development
and construction of the Project and all on-site and off-site
improvements and appurtenances in connection therewith,
including, without limitation, all mitigation measures required
in order to minimize or eliminate any material adverse
environment impacts caused by the Project. The permitted uses of
the Property, the density and intensity of use, the maximum
height and size of proposed buildings, the provisions for
reservation and dedication of land for pubic purposes and other
terms and conditions of development applicable to the Property
shall be those set forth in this Agreement and the Applicable
Rules. Notwithstanding the foregoing, City shall not impose any
architectural standards or require any architectural, design
review or similar approvals to be obtained from the City, other
than those set forth in the Applicable Rules.
10.2 Phasina and Timina of Develooment.
The parties acknow1edqe that a1thouqh Developer
currently anticipates that the Project will be phased and con-
structed generally in five to eight phases over an approximate
five to eight year time frame, at the present time Developer
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cannot predict when or the order in which Project phases will be
developed. Such decisions depend upon numerous factors which are
not within the control of Developer, such as market orientation
and demand, interest rates, competition and other similar
factors. To the extent permitted by the Applicable Rules and
this Agreement, Developer shall have the right to develop the
Project in phases in such order and at such rate and times as
Developer deems appropriate within the exercise of its subjective
business judqment. City shall timely process, in as expeditious
a manner as is possible for processing such matters, any
necessary entitlements to use, including, without limitation,
vesting tentative tract maps, tentative tract maps, parcel maps,
final maps, site development permits, special use permits,
conditional use permits, or any other discretionary approvals or
entitlements to use contemplated by the Applicable Rules, and any
grading permits, building permits, improvements permits, wall
permits, occupancy certificates and construction and other
ministerial permits and approvals applied for by Developer in
accordance with the Applicable Rules. Notwithstanding the
foregoing, Developer shall be required to submit a complete
tentative tract map application on or before July 1, 1997.
Failure to do so shall allow City to terminate this Agreement at
its option, upon written notice to Developer on or before
August 1, 1997.
10.3 Future ADDrovals.
Any development of the Property shall require
all discretionary approvals required by the Applicable Rules,
including, without limitation, parcel maps, vesting tentative
tract maps and development and design review approvals (collec-
tively, the "Future Approvals"). Upon approval of each Future
Approval, such Future Approval shall become part of the Project
Approvals and the Applicable Rules, and Developer shall have a
"vested right," as that term is defined under California law, in
and to each such Future Approval by virtue of this Agreement.
10.4 Effect of Aareement on Future Land Use
ADDrovals.
In connection with any approval which City is
permitted or has the right to grant under this Agreement relating
to the Project, or otherwise under the Applicable Rules, City
shall exercise its discretion or take action in a manner which
complies and is consistent with the Applicable Rules and the
standards, terms and conditions contained in this Agreement, and
in a manner which will not interfere with the development of the
Project for the uses and to the height, density and intensity of
use specified in this Agreement or with the rate of development
selected by Developer. In connection with (and not by way of
limitation of) the preceding sentence, the vesting tentative
tract map for the Project and all other Project Approvals shall
authorize no less than 400 single family residential lots with a
variety of lot sizes, acceptable to Developer, that are suitable
for the construction of a variety of single family product types.
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10.5 Financina of Public Facilities and/or Services.
City agrees to cooperate with Developer and to
take all actions necessary to establish one or more Mello-Roos
Districts and/or assessment districts covering all or a portion
of the Property to enable the issuance of bonds to finance
Developer's Off-site Improvements and any other improvements
required in connection with the development of the Project.
City agrees that Developer shall not be required
to participate and the Property shall not be included in any
existing or future public financing arrangements including,
without limitation, any Mello-Roos District and/or assessment
district, other than a Citywide Landscaping and Lighting District
or any other existing districts established prior to the
Effective Date pursuant to the Applicable Rules.
10.6 Public Services and Facilities: Off-Site
ImDrovements: Reimbursement Reauirements.
10.6.1 Public Services and Facilities.
(a) With respect to the design and
development of the Project, Developer shall be relieved from any
dedication requirements relating either to a park site or a
school site. A 10-acre school site shall be provided pursuant to
an existing agreement between Eastlake Community Builders, LLC
("ECB") and the Elsinore Unified School District to provide
school facilities. Such school site shall be located within the
Village of South Shore, at a location other than the Property. A
5-acre park site shall be provided by ECB (at a location other
than the Property) in ECB's first construction phase in the
Specific Plan Property.
(b) Notwithstanding the provisions of
any Applicable Rule or any other provision of this Agreement, all
park fees and park site dedication requirements that might
otherwise be imposed as a condition to the development of the
Project are hereby waived by City and shall not be imposed as a
condition to any Project Approval.
(c) City shall use its best efforts to
cause an agreement to be reached between Developer and the
Elsinore Unified School District with regard to all school fees
for the Project.
(d) Developer shall be obligated to
construct those "off-site" improvements described in Exhibit "C"
hereto (the "Developer's Off-site Improvements"). Any additional
off-site improvements to those listed in Exhibit "CIt, whether
constructed inside or outside the Project boundaries, that are
necessary for the development of the Project or are required to
service other properties outside the Project boundaries (either
as independent facilities or by way of oversizing Project
facilities) including, without limitation, storm drain systems,
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drainage, sewer, water, and other utilities ("Additional Off-Site
Improvements") shall be the sole financial obligation of the
city. Upon request by City, Developer shall, from the $600,000
credit described in the Purchase and Sale Agreement (the
"$600,000 Credit") or, if such credit is exhausted, from any
other sources of funds available to City, construct such
Additional Off-Site Improvements. Developer's obligation to
construct any Additional Off-Site Improvements in accordance with
City's request shall be conditioned upon City confirming, to the
reasonable satisfaction of Developer, that funds are immediately
available to pay for the construction of such Additional Off-Site
Improvements (upon Submission of bills for work as it progresses)
and that all legal requirements applicable to the construction of
such Additional Off-Site Improvements have been satisfied. To
the extent Additional Off-site Improvements are constructed by
Developer, Developer shall be credited with and reimbursed for
the design and construction costs associated with such Additional
Off-site Improvements, including contractor's general conditions,
including, without limitation, costs of surveying, engineering,
architecture, bonds, permit and inspection fees, insurance and
overhead equal to five percent (5%) of all documented costs for
such Additional Off-site Improvements. Subject to the provisions
of this Section 10.6.1(d) and Section 10.6.1(e) below, Developer
shall not be relieved of the obligation to pay any development
fees, except as specifically set forth in this Agreement.
(e) Prior to expending any portion of
the $600,000 credit, City hereby agrees to expend such portion of
the $600,000 Credit as shall be required (a) to construct
Additional Off-Site Improvements that will provide ingress and
egress for the Project, including, without limitation, off-site
streets, curbs, gutters, sidewalks, storm drain systems,
drainage, sewer, water, other utilities and related grading
improvements to service the Project and (b) to construct
Additional Off-Site Improvements consisting of storm drain
systems, drainage, sewer, water and any other utilities within
the Property that are required to service other properties
outside the Project boundaries. City agrees that all Additional
Off-site Improvements shall be constructed in a timely fashion so
as not to delay in any manner the development of the Project.
Following completion of such Additional Off-Site Improvements,
any remaining portion of the $600,000 Credit may be used for the
construction of such other off-site improvements as City may
select, such selection to be in the sole and absolute discretion
of City. To the extent the cost of Additional Off-site
Improvements exceeds the $600,000 Credit, City shall be obligated
to pay such excess. City and Developer hereby agree that the
Purchase and Sale Agreement will provide that, as a condition to
closing, City and Developer will estimate City'S cost to design
and construct the Additional Off-site Improvements. After
deducting the $600,000 Credit from the estimate, the balance will
be set aside in a segregated account and will be used to pay the
cost of designing and constructing the Additional Off-Site
Improvements. City and Developer shall mutually agree on the
details for establishing and administering the segregated
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account. other than the Developer's Off-site Improvements, no
Project Approval shall require any construction, dedication,
fees, taxes, exactions (including, without limitation, any
reimbursement to any other developer) or conditions relating to
Additional Off-Site Improvements in connection with the
development of the Project.
(f) City agrees that it will issue such
partial grading permits and construction permits as shall be
necessary for Developer to construct marketing models at
locations within the Property selected by Developer. In
addition, City agrees that marketing signage may be placed along
the perimeters of the Property in such locations as shall be
selected by Developer.
10.6.2 Reimbursement Reauirements.
Subject to the provisions of Sections
10.6.1 Cd) and (e) above, City hereby acknowledges and agrees
that notwithstanding any provision of the Subdivision Map Act or
any Applicable Rule, Developer shall not be required by City, and
no Project Approval shall have as a City imposed condition any
requirement, to construct, install or otherwise provide financing
for the oversizing of any public facilities or infrastructure
improvements benefiting lands outside the Property. Nothing in
the preceding sentence shall preclude conditions relating to the
oversizing of public facilities or infrastructure improvements
benefiting lands outside the Property to the extent such
conditions are imposed by a non-City controlled third party
agency or utility; provided, however, in no event shall any
condition to any Project Approval contain any condition or
requirement relating, directly or indirectly, to the
construction, installation or financing of any oversized storm
drain facilities or infrastructure improvements without the prior
written consent of Developer, which consent may be given or
withheld in Developer's sole and absolute discretion. To the
extent that oversizing of any public facilities or infrastructure
improvements are permitted in accordance with the provisions of
this section 10.6.2, City shall enter into a reimbursement
agreement with Developer, setting forth the mechanism for
imposing a fee, assessment or charge upon lands outside the
Property to such land's pro-rata share of the benefits public
facilities or infrastructure improvements.
10.6.3 utilities.
Subject to the provisions of Sections
10.6.1 Cd) and (e) above, City shall be obligated, at its sole
cost, to provide underground electrical, gas, water, sewer,
drainage and storm drain facilities to the Property boundary.
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10.6.4 Developer's Off-site Imcrovements.
City agrees that the only off-site
improvements that Developer shall be required to pay for and
install shall be the Developer's Off-Site Improvements.
10.6.5 Infrastructure Cacacitv.
City hereby acknowledges that, after
reasonable investigation by City of agencies that provide
utilities including, without limitation, the Elsinore Valley
Municipal Water District, to the best of City's knowledge,
sufficient capacity will exist in the existing infrastructure,
services and utility systems, including, without limitation,
flood control, sewer collection, sewer treatment, sanitation
service and, except for reasons beyond City's or any such
agency's control, water supply, treatment, distribution and
service, to accommodate the Project as provided in this Agree-
ment. To the extent that City renders such services or provides
such utilities, City hereby agrees that it will serve the Project
and that there shall be no restriction on hookups or service for
the Project except for reasons beyond City's control.
10.7 Assessments and Fees.
Subject to the provisions of Sections 10.6.1 (d)
and Ce) above, City shall not, without the prior written consent
of Developer, impose any tax, exaction, dedication, assessment or
fee applicable to the development of the Project or any portion
thereof, or impose any tax, exaction, dedication, assessment or
fees as a condition to the implementation of the Project or any
portion thereof, except those taxes, exactions, dedications,
assessments and fees in effect on the Effective Date.
Notwithstanding the foregoing, fees payable to city pursuant to
the Applicable Rules shall be at rates applicable on the date the
fee is due and payable. This Section shall not be construed to
limit the authority of City to charge normal and customary
application, processing, and permit fees for land use
entitlements, building permits, and other similar permits and
entitlements, which fees are designed to reimburse City's
expenses attributable to such application, processing and per-
mitting and are in force and effect on a City-wide basis at such
time as said entitlements or permits are granted by city.
10.8 Term of Tentative Macs and Other Proiect
Accrovals.
Pursuant to Government Code Section 66452.6(a)
and 65863.9, the term of any subdivision or parcel map approved
for all or any portion of the Project and the term of each of the
Project Approvals shall be extended for a period of time through
the scheduled termination date of this Aqreement as set forth in
Section 7 above.
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10.9 Processina Durina Third Partv Litiaation.
The filing of any third party lawsuit(s) against
City or Developer relating to this Agreement or to other develop-
ment issues affecting the Property shall not delay or stop the
development, processing or construction of the Project, approval
of future discretionary approvals, or issuance of ministerial
permits or approvals, unless the third party obtains a court
order preventing the activity. City shall not stipulate to the
issuance of any such order.
10.10 Other Governmental Bodies.
To the extent that City, the city Council, the
Planning Commission or any other City agency constitutes and sits
as any other board or agency, it shall not take any action that
conflicts with City's obligations under this Agreement.
10.11 Desian/DeveloDment Standards.
Notwithstanding the provisions of the Applicable
Rules, the following design/development standards shall apply to
the Project:
(a) The Project shall be permitted to include
cul-de-sacs and dead-end streets up to 750 feet in length;
(b) Easements dedicated for pedestrian use
shall be permitted to include easements for underground drainage,
water, sewer, gas, electricity, telephone, cable and other
utilities and facilities so long as they do not unreasonably
interfere with pedestrian use; and
(c) If any work of improvement required by any
tentative subdivision map conditions is not completed or any
monuments are not set prior to the recordation of any final map,
Developer shall enter into an agreement with City ("Subdivision
Improvement Agreement") to complete the remaining improvements
and shall furnish to City security (as required by Section 66499
of the Subdivision Map Act) ("Improvement Security"). Any
application by Developer for a one year extension of the
Subdivision Improvement Agreement shall be granted by City
provided that the Improvement Security remains in full force and
effect during such one year extension. Prior to the end of the
second year, an additional one year extension may be requested by
Developer and provided that City is satisfied that any work of
improvement that has not yet been completed will be completed
within the additional one year period, Developer's request shall
be granted provided the Improvement Security continues to remain
in full force and effect during such additional one year
extension.
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10.12 DeveloDment A9reement/Pro;ect AD9rovals.
In the event of any inconsistency between any
Project Approval and this Agreement, the provisions of this
Agreement shall control.
11. Rules. Reaulations and Official Policies.
11.1 New Rules.
This Agreement shall not prevent City from
applying the following new rules, requlations and policies:
(a) Amendments or modifications to the
City's Uniform Building Code, Uniform Plumbing Code, Uniform
Mechanical Code, Uniform Electrical Code or Uniform Fire Code
provided that such amendments or modifications are applied on a
City-wide basis; and
(b) Rules, requlations and policies which
are in conflict with the Applicable Rules or this Agreement if
such rules, requlations and policies have been consented to in
writing by Developer.
11.2 Subseauent Actions and ADDrovals.
In accordance with Government Code section
65866, this Agreement shall not prevent City in subsequent
actions applicable to the Property from applying new rules,
regulations and policies which do not conflict with the Applic-
able Rules, nor shall this Agreement prevent City from denying or
conditionally approving any subsequent development project appli-
cation on the basis of the Applicable Rules or new rules,
regulations and policies.
11.3 State and Federal Laws.
In the event that state or Federal laws or
regulations enacted after this Agreement is executed prevent or
preclude compliance with one or more of the provisions of this
Agreement, such provisions of this Agreement shall be modified or
suspended as may be necessary to comply with such State or
Federal laws or regulations; provided, however, that this Agree-
ment shall remain in full force and effect to the extent it is
not inconsistent with such laws or regulations and to the extent
such laws or regulations do not render such remaining provisions
impractical to enforce.
12. Revisions to Aareement.
12.1 Amendment or Cancellation of Aareement.
This Agreement may be amended or canceled in
whole or in part only by mutual consent of the parties in the
manner provided for in Government Code Section 65868.
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12.2 Administrative Chanaes and Amendments.
The parties acknowledge that refinements and
further development of the Project may demonstrate that changes
are appropriate with respect to the details and performance of
the parties under this Agreement. The parties desire to retain a
certain degree of flexibility with respect to the details of the
Project development and with respect to those items covered in
general terms under this Agreement. If and when the parti.s find
that changes or adjustments are necessary or appropriate, they
shall, unless otherwise required by law, effectuate such changes
or adjustments through administrative amendments approved by the
City Planning Director or his/her designee, which administrative
amendments, after execution, shall be attached hereto as addenda
and become a part hereof, and may be further changed and amended
from time to time as necessary, with approval by City and Devel-
oper. Any such administrative changes or amendments shall not be
deemed to be an amendment to this Agreement under Government Code
Section 65868, and unless otherwise required by law, no such
administrative amendments shall require prior notice or hearing.
Notwithstanding the foregoing, the following matters shall not be
considered administrative changes or amendments, but shall be
considered substantive amendments which shall be reviewed by the
Planning Commission and approved by the City Council in
accordance with Government Code 565868:
(a)
uses of the Property;
(b) Increase in the density or intensity of
use or the number of lots;
Material alteration of the permitted
(c) Increase in the maximum height and size
of permitted buildings; and
(d) Deletion of a requirement for the
reservation or dedication of land for public purposes except for
minor boundary adjustments approved by the Planning Director or
his/her designee.
13. Enforcement.
Unless amended or canceled as provided in section 12
above, or modified or suspended pursuant to Government Code
Section 65869.5, this Agreement is enforceable by either party
hereto notwithstanding any change in any applicable general or
specific plan, zoning, subdivision or building regulation or
other applicable law or regulation adopted by City, which alters
or amends the Applicable Rules or the rate, timing or sequencing
of any development.
14. Periodic Review of ComDliance with Aareement.
City and Developer shall review this Agreement at least
once every twelve (12) months from the date this Agreement is
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executed. During each periodic review, each party is required to
demonstrate good faith compliance with the terms of this Agree-
ment. Each party agrees to furnish such reasonable evidence of
good faith compliance as the other party in the exercise of its
reasonable discretion, may require. Such periodic review shall
be conducted administratively by the City Manager and any appro-
priate department heads designated by the City Manager to perform
such periodic review. The City Manager shall report the results
of such period review to the City Council within thirty (30) days
after the conclusion thereof. No public hearing shall be held by
the City Manager, Planning Commission or City Council with regard
to such periodic review; provided, however, that if the City
Manager during such period review preliminarily finds, based on
substantial evidence, that Developer is not in good faith compli-
ance with this Agreement, Developer shall have the right to
appeal such finding to the City Council. The City Council on
appeal shall not hold a public hearing to review a finding that
Developer is not in good faith compliance with this Agreement
unless so requested by Developer in writing at the time of the
submission of such appeal. City shall notify Developer in
writing of the date for review at least thirty (30) days prior
thereto.
15. Events of Default.
15.1 Default bv DeveloDer.
If the City Council determines on the basis of
substantial evidence upon appeal of the City Manager's decision
pursuant to Section 14 hereof that Developer has not complied in
good faith with the terms and conditions of this Agreement, it
shall, by written notice to Developer, specify the manner in
which Developer has failed to so comply and state the steps
Developer must take to bring itself into compliance. If, within
sixty (60) days after the effective date of notice from City
specifying the manner in which Developer has failed to so comply,
Developer does not commence all steps reasonably necessary to
bring itself into compliance as required and thereafter dili-
gently pursue such steps to completion, then Developer shall be
deemed to be in default under the terms of this Agreement and
City may terminate this Agreement.
15.2 Default bv Citv.
If Developer determines on the basis of substan-
tial evidence that City has not complied in good faith with the
terms and conditions of this Agreement, Developer shall, by
written notice to City, specify the manner in which City has
failed to so comply and state the steps City must take to bring
itself into compliance. If, within sixty (60) days after the
effective date of notice from Developer specifying the manner in
which City has failed to so comply, City does not commence all
steps reasonably necessary to bring itself into compliance as
required and thereafter diligently pursue such steps to comple-
tion, then City shall be deemed to be in default under the terms
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of this Agreement and Developer may terminate this Agreement
and/or seek damages and/or specific performance as set forth in
Section 15.3 below.
15.3 Specific Performance Remedy.
Due to the size, nature and scope of the
Project, it will not be practical or possible to restore the
Property to its natural condition once implementation of this
Agreement has begun. After such implementation, Developer may be
foreclosed from other choices it may have had to utilize the
Property. Developer has invested significant time and resources
and performed extensive planning and processing of the Project in
agreeing to the terms of this Agreement and will be investing
even more substantial time and resources in implementing the
Project in reliance upon the terms of this Agreement, and it is
not possible to determine the sum of money which would adequately
compensate Developer for such efforts. For the above reasons,
City and Developer agree that damages would not be an adequate
remedy if City fails to carry out its obligations under this
Agreement. Therefore, specific performance of this Agreement is
the only remedy which would compensate Developer if City fails to
carry out its obligations under this Agreement, and City hereby
agrees that Developer shall be entitled to specific performance
in the event of a default by City hereunder. Notwithstanding the
foregoing, nothing this Agreement is intended to deprive
Developer from recovering appropriate damages in the event that
the terms of this Agreement are breached. City and Developer
acknowledge that if Developer fails to carry out its obligations
under this Agreement, City shall have the right to refuse to
issue any permits or other approvals to which Developer would
otherwise have been entitled pursuant to this Agreement.
Therefore, City'S remedy of terminating this Agreement shall be
sufficient in most circumstances if Developer fails to carry out
its obligations hereunder. Notwithstanding the foregoing, if
City issues a permit or other approval pursuant to this Agreement
in reliance upon a specified condition being satisfied by
Developer in the future, and if Developer then fails to satisfy
such condition, City shall be entitled to specific performance
for the sole purpose of causing Developer to satisfy such
condition. The City'S right to specific performance shall be
limited to those circumstances set forth above, and City shall
have no right to seek specific performance to cause Developer to
otherwise proceed with the development of the Project in any
manner.
16. Institution of Leaal Action.
Subject to the limitations set forth in Section 15
above, in addition to any other rights or remedies, either party
may institute legal action to cure, correct or remedy any
default, to enforce any covenants or agreements herein, to enjoin
any threatened or attempted violation hereof, to recover damages
for any default, or to obtain any other remedies consistent with
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the purpose of this Aqreement. Any such legal action shall be
brought in the Superior Court for Riverside County, California.
Pursuant to Code of civil Procedure sections 638, At
~., all legal actions shall be heard by a referee who shall be
a retired judge from either the Riverside County Superior Court,
the California Court of Appeal, the united States District Court
or the United States Court of Appeals, provided that the selected
referee shall have experience in resolving land use and real
property disputes. Developer and City shall aqree upon a single
referee who shall then try all issues, whether of fact or law,
and report a finding and judgment thereon and issue all legal and
equitable relief appropriate under the circumstances of the con-
troversy before such referee. If Developer and City are unable
to agree on a referee within ten (10) days of a written request
to do so by either party hereto, either party may seek to have
one appointed pursuant to Code of civil Procedure Section 640.
The cost of such proceeding shall initially be borne equally by
the parties. Any referee selected pursuant to this Section 16
shall be considered a temporary jUdge appointed pursuant to
Article 6, Section 21 of the California Constitution.
17. Attornevs' Fees.
If legal action is brought by either party against the
other for breach of this Agreement, or to compel performance
under this Agreement, the prevailing party shall be entitled to
an award of reasonable attorneys' fees and costs. Attorneys'
fees under this Section shall include attorneys' fees on any
appeal and, in addition, a party entitled to attorneys' fees
shall be entitled to all other reasonable costs and expenses
incurred in connection with such action. In addition to the
foregoing award of attorneys' fees to the preyailing party, the
prevailing party in any lawsuit shall be entitled to its
attorneys' fees incurred in any post-judgment proceedings to
collect or enforce the judgment. This provision is separate and
several and shall survive the merger of this Agreement into any
judgment on this Agreement.
18. CooDeration in the Event of Leaal Challenae.
In the event of any legal action instituted by a third
party or other governmental entity or official challenging the
validity of any provision of this Agreement, the parties hereby
agree to cooperate in defending such action, each party shall pay
its own expenses in connection with such defense. In the event
of any litigation challenging the effectiveness of this Agree-
ment, or any portion hereof, this Agreement shall remain in full
force and effect while such litigation, including any appellate
review, is pending.
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19. Waivers and Delays.
19.1 Waiver.
Failure by a party to insist upon the strict
performance of any of the provisions of this Agreement by the
other party, and failure by a party to exercise its rights upon a
default by the other party hereto, shall not constitute a waiver
of such party's right to demand strict compliance by such other
party in the future.
19.2 Third Parties.
Nonperformance shall not be excused because of a
failure of a third person except as provided in Section 19.3
below.
19.3 Force Ma;eure.
Neither party shall be deemed to be in default
for failure or delay in performance of any of its obligations
under this Agreement if caused by floods, earthquakes, other Acts
of God, fires, wars, riots or similar hostilities, strikes, other
labor difficulties, government regulations or other causes beyond
either of the parties' control. If any such event shall occur,
the term of this Agreement and the time for performance, by
Developer of any of its obligations hereunder or pursuant to the
Specific Plan shall be extended by the period of time that such
events prevent construction of the Project.
20. Notices.
Any notice or communication required hereunder between
the parties must be in writing and may be given either personally
or by registered or certified mail, return receipt requested, by
overnight delivery or by facsimile. If given by registered or
certified mail, the same shall be deemed to have been given and
received on the first to occur of (i) actual receipt by any of
the addressees designated below as the party to whom notices are
to be sent or (ii) five (5) days after a registered or certified
letter containing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail. If personally
delivered, a notice shall be deemed to have been given when
delivered to the party to whom it is addressed. If delivered by
facsimile or overnight delivery, a notice shall be deemed to have
been given on the earlier of the date personal delivery is
effected or on the delivery date or attempted delivery date shown
on the air bill or facsimile. Any party hereto may at any time,
by giving ten (10) days' written notice to the other party
hereto, designate any other address in substitution of the
existing address. Such notices or communications shall be given
to the parties at their addresses set forth below:
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\.. "., "- :l
TO CITY:
City of Lake Elsinore
130 South Main Street
Lake Elsinore, California 92530
Attn: City Manager
Telecopy No: (909) 674-2392
WITH COPY TO:
Harper , Burns
453 S. Glassell Street
Orange, CA 92666
Attn: John R. Harper, Esq.
Telecopy No.: (714) 744-3350
TO DEVELOPER:
First Financial Group, Inc.
16830 Ventura Blvd., suite 600
Encino, California 91436
Attn: Jack Shine
Telecopy No: (818) 981-4821
WITH COpy TO:
Paul, Hastings, Janofsky , Walker
555 South Flower Street, 23rd Floor
Los Angeles, California 90071-2371
Attn: Anthony Rossi, Esq.
Telecopy No: (213) 627-0705
Cox, Castle , Nicholson
2049 Century Park East, 28th Floor
Los Angeles, California 90067
Attn: Ronald I. Silverman
Telecopy No: (310) 277-7889
Either party may change the address stated herein by giving
notice, in writing, to the other party and thereafter notices
shall be addressed and submitted to the new address.
WITH COPY TO:
21. Transfers and Assianments.
21.1 Riaht to Assian.
Developer shall have the right to sell, assign
or transfer all or portions of the real property comprising the
Property to any person at any time during the term of this
Agreement.
21.2 Liabilities Upon Transfer.
Upon the delegation of all duties and
obligations and the sale, transfer or assignment of all or any
portion of the Property, Developer shall be released from its
obligations under this Agreement with respect to the Property, or
portion thereof, so transferred arising subsequent to the effec-
tive date of such transfer if (i) Developer has provided to City
ten days' written notice of such transfer and (ii) the transferee
has agreed in writing to be subject to all of the provisions
hereof applicable to the portion of the Property so transferred.
Upon any transfer of any portion of the Property and the express
IJSIL VEIl 2.5624 232078 7
21
02118/97
1.:'.\Z~l26
assumption of Developer's obligations under this Agreement by
such transferee, City agrees to look solely to the transferee for
compliance by such transferee with the provisions of this
Agreement as such provisions relate to the portion of the
Property acquired by such transferee. A default by any
transferee shall only affect that portion of the Property owned
by such transferee and shall not cancel or diminish in any way
Developer's rights hereunder with respect to any portion of the
Property not owned by such transferee. The transferee shall be
responsible for the reporting and periodic review requirements
relating to the portion of the Property owned by such transferee,
and any amendment to this Agreement between City and a transferee
shall only affect the portion of the Property owned by such
transferee.
22. Authoritv to Execute.
The person or persons executing this Agreement on
behalf of Developer warrant and represent that they have the
authority to execute this Agreement on behalf of their corpora-
tion, partnership or business entity and warrant and represent
that they have the authority to bind Developer to the performance
of its obligations hereunder.
23. statement of ComDliance.
Within thirty (30) days following any written request
which either City or Developer may make from time to time, the
other shall execute and deliver to the requesting party a state-
ment certifying that: (1) this Agreement is unmodified and in
full force and effect or, if there have been modifications
hereto, that this Agreement is in full force and effect, as
modified, and stating the date and nature of such modifications;
(2) there are no current uncured defaults under this Agreement or
specifying the dates and nature of any such defaults; and (3) any
other reasonable information requested. The failure to deliver
such statement within such time shall be conclusive upon the
party which fails to deliver such statement that this Agreement
is in full force and effect without modification and that there
are no uncured defaults in the performance of the requesting
party. The City Attorney shall be authorized to execute any
certificate.
24. Recordation.
This Agreement and any amendment or cancellation hereto
shall be recorded in the Official Records of the County of ~iver-
side, by the City Clerk within the period required by section
65868.5 of the Government Code; provided, however, that the
failure to so record this Agreement within such time period shall
not in any way serve as a basis for invalidating or nullifying
this Agreement.
en. va 25624 232078 7
22
av18/97
102326
---
25. Protection of Mortaaae Holders.
The parties hereto aqree that this Aqreement shall not
prevent or limit Developer, in any manner, at Developer's sole
discretion, from encumberinq the Property or any portion thereof
or any improvement thereon by any mortqaqe, deed of trust or
other security device securinq financinq with respect to the
Property. City acknowledqes that the lenderes) providinq such
financinq may require certain Aqreement interpretations and modi-
fications and aqrees upon request, from time to time, to meet
with Developer and representatives of such lenderes) to neqotiate
in qood faith any such request for interpretation or modifica-
tion. City will not unreasonably withhold its consent to any
such requested interpretation or modification provided such
interpretation or modification is consistent with the intent and
purposes of this Aqreement. Any mortqaqee of a mortqaqe or a
beneficiary of a deed of trust (ltMortqaqeelt) of the Property
shall be entitled to the followinq riqhts and privileqes:
1. Neither enterinq into this Aqreement nor
a breach of this Aqreement shall defeat, render invalid, dimin-
ish, or impair the lien of any mortqaqe or deed of trust on the
Property made in qood faith and for value.
2. The Mortqaqee of any mortqaqe or deed of
trust encumberinq the Property, or any part thereof, who has
submitted a request in writinq to City in the manner specified
herein for qivinq notices, shall be entitled to receive written
notification from City of any default by Developer in the perfor-
mance of Developer's obliqations under this Aqreement.
3. If City timely receives a request from a
Mortqaqee requestinq a copy of any notice of default qiven to
Developer under the terms of this Aqreement, City shall provide a
copy of that notice to the Mortqaqee within ten (10) days of
sendinq the notice of default to Developer. The Mortqaqee shall
have the riqht, but not the obliqation, to cure the default
durinq the remaininq cure period allowed such party under this
Aqreement.
4. Any Mortqaqee who comes into possession
of the Property, or any part thereof, pursuant to foreclosure of
the mortqaqe or deed of trust, or deed in lieu of such foreclo-
sure, shall take the Property, or part thereof, subject to the
terms of this Aqreementi provided, however, in no event shall
such Mortqaqee be liable for any defaults or monetary obliqations
of Developer arisinq prior to acquisition of title to the Prop-
erty by such Mortqaqee, except that any such Mortqaqee or its
successors or assiqns shall not be entitled to a buildinq permit
or occupancy certificate until all delinquent and current fees
and other monetary obliqations due under this Aqreement for the
Property, or portion thereof, acquired by such Mortqaqee have
been paid to city.
lUSn. VER 25624 232078 7
23
02118/97
1(;~3~J
-
26. Entire Aareement.
This Agreement sets forth and contains the entire
understanding and agreement of the parties, and there are no oral
or written representations, understandings or ancillary
covenants, undertakings or agreements which are not contained or
expressly referred to herein. No testimony or evidence of any
such representations, understandings or covenants shall be
admissible in any proceeding of any kind or nature to interpret
or determine the terms or conditions of this Agreement.
27. Severabilitv of Terms.
If any term, provision, covenant or condition of this
Agreement shall be determined invalid, void or unenforceable, the
remainder of this Agreement shall not be affected thereby to the
extent such remaining provisions are not rendered impractical to
enforce.
28. Interoretation and Governina Law.
This Agreement and any dispute arising hereunder shall
be governed and interpreted in accordance with the laws of the
state of California.
,-
29. section Headinas.
All section headings and subheadings are inserted for
convenience only and shall not affect any construction or inter-
pretation of this Agreement.
30. Incorporation of Recitals and Exhibits.
Recitals A through M and attached Exhibits "A" through
~ are hereby incorporated herein by this reference as though
set forth in full.
31. Rules of Construction and Miscellaneous Terms.
31.1 Gender.
The singular includes the plural; the masculine
gender includes the feminine; "shall" is mandatory, "may" is
permissive.
31.2 Time of Essence.
Time is of the essence regarding each provision
of this Agreement in which time is an element.
31.3 Coooeration.
Each party covenants to take such reasonable
actions and execute all documents that may be necessary to
achieve the purposes and objectives of this Agreement.
mn. VEJt 2.5624 232078 7
24
azt18197
10232S
31.4 Limitation of Liabilitv.
City hereby acknowledges and agrees that
Developer's obligations under this Agreement are solely those of
First Financial Group, Inc. and in no event shall any present,
past or future officer, director, shareholder, employee, partner,
affiliate, representative or agent of Developer ("Related
Parties") have any personal liability, directly or indirectly,
under this Agreement and recourse shall not be available against
Developer or any Related Party in connection with this Agreement
or any other document or instrument heretofore or hereafter
executed in connection with this Agreement. The limitations of
liability provided in this Section are in addition to, and not in
limitation of, any limitation on liability applicable to
Developer or any Related Party provided by law or in any other
contract, agreement or instrument.
32. ADDlicabIe Rules.
Prior to the Effective Date, City and Developer shall
use reasonable efforts to identify two identical sets of the
Applicable Rules, one set for City and one set for Developer, so
that if it becomes necessary in the future to refer to any of the
Applicable Rules there will be a common set of the Applicable
Rules available to both parties.
The parties have executed this Agreement as of the date and
year first written above.
"CITY":
SJGNED AND CERTIFIED THAT A COPY
_ 'TH.IS .. ,DQC.t1MENT HAS BEEN DELIVERED TO
.,';~.XHEc~1~~?; THE CITY COUNCIL
.~~Lj
," - :. By: '. ., .)..,')Jtt
" ... 3. ty'. Clerk
". . ..
municipal
of
, . "........ .'. .
:~~~~/\
C3.tyAttorney ,
en. VEIl 25624 232071 7
25
02111/97
"DEVELOPER" :
FIRST FINANCIAL GROUP, INC., a
California corporation
By: ~~
By: Jack l.ne
Its: presiden
BY:~~
Name: Daniel Shine
Its: Assistant Secretary
RlSn.. 'V!:R 2562A l3 2078 7
26
1 ,~.: 2328
~
-
O2J11J97
102325
COUNTY OF
Los Angeles
)
) SSe
)
STATE OF CALIFORNIA
On ~Ao.I\...c:J.,\ 10 , 1997, before me, the undersigned,
a Notary Public in and for said County and state, personally
appeared JACK SHINE and DANIEL SHINE------------------------,
personally known to me (e~ ,rave. ,a .e eft ~e ~asis ef
satisfaetery ~via~fte~) to be the person(s) whose name(s) ~are
subscribed to the within instrument and acknowledged to me that
ft~/.^e/they executed the same in ftis:Ae~/their authorized
capacity(ies), and that by Ais/A.~/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
r,,~u;~"-Ul
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. LCII ~ Cc:u'Iy
_ _ _ _Mt~_~~_l.~_ 1
STATE OF CALIFORNIA
( Li.-G~~(.v\)ll C ' L
Notary P 1C v
COUNTY OF
)
) SSe
)
On , 1997, before me, the undersigned,
a Notary Public in and for said County and State, personally
appeared
personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the within instrument.
WITNESS my hand and official seal.
Notary Public
RJSn.VER. 25624 232CT71 7
27
C1V11197
EDIBIT "A"
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F'RED W. CROWE. 1..5. 31598. EXP. '6/30/00
KEITH INTERNATIONAL. INC.
22690 CACTUS AVE.. STE. 300
MORENO VALLEY. CA 92~~3
(909) 653-0234
1USn. VEa 25624 232071 6
2
Icnll96
EDIBIT "B"
1::;2325
Leqal D..cription
PARCEL B
A PORTION OF FRACTIONAL SECTION 16, TOWNSHIP 6 SOUTH, RANGE 4
WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO UNITED STATES
GOVERNMENT SURVEY THEREOF, TOGETHER WITH PORTIONS OF
ELSINORE ROAD AND STONEMAN STREET. TOGETHER WITH PORTIONS
OF LOT 7 IN BLOCK "G" AND LOTS 16 AND 29 BLOCK H OF THE
RESUBDIVlSION OF BLOCK "D" OF ELSINORE. AS SHOWN BY MAP BOOK
6, PAGE 296, SAN DIEGO COUNTY RECORDS TOGETHER WITH A PORTION
OF PARCEL 5 OF PARCEL MAP 27852, RECORDED IN PARCEL MAP BOOK
182 PAGES 19 THROUGH 24, RIVERSIDE COUNTY RECORDS. ALL
DESCRIBED WITHIN THE FOLLOWING METES AND BOUNDS
DESCRIPTION:
BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID PARCEL 6 OF
SAID PARCEL MAP 27852:
THENCE SOUTH 10- 21' 45" WEST ON THE SOUTHERLY PROLONGATION
OF THE EASTERLY RIGHT OF WAY LINE OF DIAMOND DRIVE AS SHOWN
ON SAID MAP 1108.67 FEET:
THENCE SOUTH 34- 38' 15" EAST. 35.36 FEET:
THENCE SOUTH 79.- 38' 15" EAST, 105.85 FEET TO THE BEGINNING OF A
CURVE CONCAVE SOUTHWESTERLY AND HAVlNG A RADIUS OF 1834.00
FEET:
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 5S- 31' 02" A LENGTH OF 1905.11 FEET TO A POINT ON THE
NORTl:iEASTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF
SAlD LOT 7 BLOCK "G" OF ELSINORE, A RADIAL LINE THERETO BEARS
NORTH 6S- 52' 47" EAST:
THENCE NORTH 37. 11' 34" EAST ON SAID NORTHEASTERLY
PROLONGATION 1277.99 FEET TO A POINT ON THE SOUTHWESTERLY
RIGHT OF WAY LINE OF MISSION TRAIL THAT IS 30. FEET MEASURED AT .
RIGHT ANGLES FROM SAID STREET CENTERLINE:
THENCE NORTH 18- 56' '18" WEST ALONG SAlD 30-FOOT RIGHT OF WAY
LINE 920.80 FEET:
DSaOSENB 2SOI__.
1~'''3?S
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THENCE SOUTH 71- 03' 42" WEST 20 FEET TO THE SOUTHEASTERLY
CORNER OF SAID PARCEL 5 OF PARCEL MAP 27852:
THENCE NORTHERLY AND WESTERLY ALONG THE BOUNDARY OF SAID
PARCEL 5 AS FOLLOWS:
THENCE NORTH 18- 56' 18" WEST 879.99 FEET:
THENCE NORTH 61- 33' 21" WEST 33.97 FEET:
THENCE SOUTH 71- 03" 18" WEST 17.97 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVlNG A RADIUS OF 580 FEET:
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
29- 18' 27" A LENGTH OF 296.68 FEET:
THENCE NORTH 79- 38' 15" WEST 60 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHERLY AND HAVlNG A RADIUS OF 511.87 FEET:
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 5- 43' 03" A LENGTH OF 51.08 FEET:
THENCE NORTH 73- 55' 12" WEST 50.25 FEET TO THE BEGINNING OF A
CURVE CONCAVE SCUTHERLY AND HAVlNG A RADIUS OF 491.87 FEET:
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 5- 43' 03" A LENGTH OF 49.08 FEET:
THENCE NORTH 79- 38' 15" WEST 145.47 FEET TO A POINT ON THE
NORTljERLY LINE OF SAID PARCEL 5 THAT IS SOUTH 79- 3S' 15- EAST
47.04 FEET FROM THE NORTHWESTERLY CORNER OF SAID PARCEL 5:
THENCE SOUTH 05- 59' 29" WEST AND LEAVlNG THE BOUNDARY OF SAID
PARCEL 5 602.99 FEET TO THE SOUTHEASTERLY CORNER OF SAID
PARCEL 6 OF PARCEL MAP 27852:
THENCE NORTH 79- 38' 15" WEST 868.00 FEET TO THE POINT OF
BEGINNING.
llSn. VD 2'624 232071 6
2
Ilnll96
EXHIBIT 'C'
1"\"3".~
v.c;. .....J
DEVELOPER'S OFF-SITE IMPROVEMENTS
DESCRIPTION
CIVIL ENGINEERING/PLANNING
CIVIL ENGINEERING/DESIGN
CIVIL ENGINEERING/MISCELLANEOUS
BLUEPRINTS
SOILS/PRELIMINARY
SOILS/GRADING PLAN
SOILS/GRADING
PROCESSING rEES
ROAD rEES
SEWER rEES
WATER rEES
STORM DRAIN FEES
BONDS
GRADING
EROSION CONTROL
BLOCK WALLS
STREET/SIDEWALK CONSTRUCTION
STREET/SIDEWALK FINALS
STORM DRAIN CONSTRUCTION*
STORM DRAIN FINALS-
SEWER CONSTRUCTION
SEWER FINALS
ELECTRICAL
GAS
UTILITY TRENCHING
TELEPHONE
T.V.
WATER CONSTRUCTION
WATER FINALS
NOTE:
*
Except as qualified by the asterisK (*) below, the
"Developer's Off-Site Improvements" shall be limited
solely to improvements to be constructed within the
Project boundaries. "Developer's Off-Site
Improvements" shall specifically exclude any
improvements that are required to be constructed
anywhere outside the Project boundaries including,
without limitation, improvements that are required to
be constructed within the Project's perimeter rights-
of-way.
Storm drain improvements shall be limited solely to
improvements that are necessary for the collection and
transport of storm waters generated from within the
Project boundaries. Storm drain improvements shall
specifically exclude any improvements (on-site or off-
site) that would be required to collect and transport
storm waters generated from outside the Project
boundaries.
en. vu ~624 2&1092 I
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ORDINANCE NO. 1025
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE AMENDING SECTION 8.18.090 OF
THE LAKE ELSINORE MUNICIPAL CODE CONCERNING
NUISANCE ABATEMENT COSTS
RECITALS
WHEREAS, the City of Lake Elsinore desires to clarify that, as authorized by Statute,
administrative costs associated with a holding of a nuisance abatement hearing are to be assessed
against the Property Owner upon a Declaration of Public Nuisance, regardless of whether the
ultimate abatement is performed by the Property Owner or by the City; and
WHEREAS, the current Municipal Code is unclear with regard to this issue:
NOW, THEREFORE, IT IS HEREBY ORDAINED AS FOLLOWS:
SECTION 8.18.090 of the Lake Elsinore Municipal Code is
hereby amended in its entirety as follows:
"HEARING. At the time stated in the notice, the hearing offer shall hear and consider
all relevant evidence relating to the condition of the property. The hearing may continue from
time to time.
_ Upon the conclusion of the hearing, the hearing officer shall determine whether the
premises constitutes a public nuisance. If the hearing officer determines that a public nuisance
exists, the hearing officer shall declare such premises to be a public nuisance and order the
abatement of the same by the property owner within a specified time. Such declaration shall
contain a detailed list of needed corrections or abatement methods.
The costs associated with noticing and holding the hearing shall be an "incidental
expense" pursuant to Section 8.18.120 if the hearing officer determines that a public nuisance
exists, regardless of whether the owner of the City actually abate the nuisance.
This ordinance shall take effect as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 14 day of January
1997, upon the following vote:
AYES: COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
-
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Ordinance No. 1025
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 28thctay
of January , 1997, upon the following vote:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
"
/
"
ABSTAIN: COUNCILMEMBERS: NoNE ,"\
,
ArrEST:... ~
~;h;~
Vicki Lynne f. aa, City Clerk
City. ot Lake "Elsinore
-
(SEAL)
APPROVED AS
"XiM\,
John Harper, City A or ey
City of Lake Elsinore
-
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 read by title
only for adoption on January 14, 1997, and passed on January 28, 1997, by the following roll
call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEJ\1BERS:
NONE
-
I)(n .j/ I
i)JL2..-\Je^-" I~J\
VICKIKASAD, -CITY CLERK
"CITY eF LAKE ELSINORE
(SE~) -
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. 1025 of said Council, and that the same has not been amended or repealed.
'-r-
DATED: January 29, 1997
rf{ - '\~.l{....~
Uu--&'>!1c"-/ --
.. VIcKikASAD-, ~ITY CLERK
CITY OF Ll''Y&ELSINORE
(SEAt:)
ORDINANCE NO. 1026
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, REPEALING THE
EXISTING CHAPTER 17.98 ("TEMPORARY OUTDOOR
ACTMTIES") IN ITS ENTIRETY AND ADDING A NEW
CHAPTER 17.98 "TEMPORARY USES" (ZONE CODE
AMENDMENT [ZCAl 97-2)
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 17.98 (Temporary Outdoor Activities) of the Lake
Elsinore Zoning Ordinance is hereby repealed.
SECTION 2. Chapter 17.98 (Temporary Uses) is hereby added to the Lake
Elsinore Zoning Ordinance to read as follows:
SECTIONS:
-
17.98.010
17.98.020
17.98.030
17.98.040
17.98.050
17.98.060
17.98.070
17.98.080
17.98.090
17.98.100
17.98.110
CHAPTER 17.98
"Temporary Uses"
Purpose
Definitions
Categories
Application and Fees
Action Upon Applications
Standards of Operations
Overnight Camping
Performance Bonds
Variances
Appeals
Revocation
Section 17.98.010 Purpose. This chapter is intended to provide for the regulation and
control of temporary uses that occur on private property that are not otherwise permitted
or regulated by this Title, in order to protect the public health, safety, and general welfare.
Section 17.98.020 Definitions. For the purpose of this Chapter, certain terms used herein
are defined as follows:
Temporary Uses - A use which is limited in time and extent and not involving
permanent construction or substantial improvements or significant alteration of the
land. A temporary use is not a special event [temporary outdoor activity] (any
assembly, congregation, attraction, display, entertainment, demonstration, carnival,
bazaar, circus, rodeo, or other traveling show, fair festival food fair, cook-off, dance
concert or performance, or any other planned occurrence that may attract a large
number of people or which may otherwise become a hazard to the public peace,
health, safety or general welfare); or a Street Event (which includes parades,
processions, assemblages and other events, including but not limited to running road
races, bike-a-thons, triathalons, and other such uses of the public streets, highways,
thoroughfares, rights-of-way and other public property which are also utilized by
motor vehicles, and may constitute a traffic hazard and a threat to the public safety);
which are regulated under Section 5.73 (Special Events) of the Municipal Code.
A.
-
Ordinance No. 1026
Page 2
Section 17.98.030 Categories. The following categories of permits may be granted subject
to the approvals set forth herein following application and payment of fees as set forth in
Section 17.98.040 and provided compliance is demonstrated with the standards and
provisions of this chapter.
A. Short-term Temporary Use Permit.
Short-term temporary uses are subject to the following restrictions:
NUMBER OF PEOPLE EXPECTED TO Less than 100 (if more than 100 people
ATTEND THE OCCURRENCE AT ANY expected at one time, this would be
ONE GIVEN TIME considered a special event which is
governed by Section 5.73 of the Municipal
Code)
DURATION A maximum of 3 days consecutive
FREQUENCY OF OCCURRENCES PER Short-Term Temporary Use permits shall
YEAR not be granted for occurrences held more
frequently than 6 times a year
RESTRICTION WITH RESPECT TO There will be no restrictions with respect
THE AMOUNT OF TIME BE1WEEN to the amount of time required between
OCCURRENCES occurrences
APPROVING BODY Community Development Director
AMOUNT OF TIME REQUIRED FOR Must be submitted a minimum of 2
SUBMITTAL OF AN APPLICATION working days prior to the occurrence
FOR REVIEW PRIOR TO THE
OCCURRENCE
RESTRICTIONS REGARDING THE Must be conducted on private property
STATUS OF THE PROPERTY and shall not be located on vacant
property. The proposed use shall be an
extension of, and associated with an
existing licensed business within an
existing building and/or center.
Temporary uses within this category may
also be sponsored and conducted by a
non-profit or existing community
organization
ZONING REQUIRED FOR THE All Commercial districts, all Industrial
PROPERTY WHERE THE districts or Recreational
OCCURRENCE IS TO TAKE PLACE
TYPES OF PERMITTED USES The sale of merchandise from an existing
ANTICIPATED WITHIN THIS business (such as what would be found in
CATEGORY a sidewalk sale), noncommercial car
washes (provided the conditions of the
National Pollutant Discharge Elimination
System [NPDES] can be met), food
vending stands, flower vendors and other
similar temporary uses which the
Community Development Director
determines to be appropriate and
compatible with the land use district and
surrounding land uses.
Ordinance No. 1026
Page 3
B. Extended Temporary Use Permit.
Extended temporary uses are subject to the following restrictions:
NUMBER OF PEOPLE EXPECTED TO Less than 100 (if more than 100 people
ATTEND THE OCCURRENCE AT ANY expected at one time, this would be
ONE GIVEN TIME considered a special event which is
governed by Section 5.73 of the Municipal
Code)
DURATION Greater than 3 days but less than 30 days
FREQUENCY OF OCCURRENCES PER Extended Temporary Use permits shall
YEAR not be granted for occurrences held more
frequently than 4 times a year
RESTRICTION WITH RESPECT TO There shall be a minimum of 30 days
THE AMOUNT OF TIME BE1WEEN separating each occurrence
OCCURRENCES
APPROVING BODY Community Development Director
AMOUNT OF TIME REQUIRED FOR Must be submitted a minimum of 4 weeks
SUBMITTAL OF AN APPLICATION (20 working days) prior to the occurrence
FOR REVIEW PRIOR TO THE
OCCURRENCE
RESTRICTIONS REGARDING THE Must be conducted on private property.
STATUS OF THE PROPERTY May be allowed on vacant property with
the written permission of the property
owner
ZONING REQUIRED FOR THE All Commercial districts, all Industrial
PROPERTY WHERE THE districts or Recreational
OCCURRENCE IS TO TAKE PLACE
TYPES OF PERMITTED USES Christmas tree sales lots (including
ANTICIPATED WITHIN THIS incidental sale of Christmas related
CATEGORY items), pumpkin patches, and other
similar temporary uses which the
Community Development Director
determines to be appropriate and
compatible with the land use district and
surrounding land uses. This category does
not include the sale of goods and selVices
other than those mentioned above or
except when associated with a non-profit
or existing community organization or
with an existing established business
within the City
Ordinance No. 1026
Page 4
C. Seasonal Temporary Use Permit.
Seasonal temporary uses are subject to the following restrictions:
NUMBER OF PEOPLE EXPECTED TO Less than 100 (if more than 100 people
ATTEND THE OCCURRENCE AT ANY expected at one time, this would be
ONE GIVEN TIME considered a special event which is
governed by Section 5.73 of the Municipal
Code)
DURATION Greater than 30 days but less than 120
days
FREQUENCY OF OCCURRENCES PER Seasonal Temporary Use permits shall not
YEAR be granted for occurrences held more
frequently than once a year
RESTRICTION WITH RESPECT TO Not applicable
THE AMOUNT OF TIME BE1WEEN
OCCURRENCES
APPROVING BODY Community Development Director
AMOUNT OF TIME REQUIRED FOR Must be submitted a minimum of 6 weeks
SUBMITTAL OF AN APPLICATION (30 working days) prior to the occurrence
FOR REVIEW PRIOR TO THE
OCCURRENCE
RESTRICTIONS REGARDING THE Must be conducted on private property.
STATUS OF THE PROPERTY May be allowed on vacant property with
the written permission of the property
owner
ZONING REQUIRED FOR THE All Commercial districts, all Industrial
PROPERTY WHERE THE districts or Recreational
OCCURRENCE IS TO TAKE PLACE
TYPES OF PERMITTED USES Produce stands, and other similar
ANTICIPATED WITHIN THIS temporary uses which the Community
CATEGORY Development Director determines to be
appropriate and compatible with the land
use district and surrounding land uses
(but not including the sale of retail
merchandise or items that can be found in
department or outlet type stores)
Section 17.98.040 Application and Fees. Application for Temporary Use Permits shall be
filed with the Planning Division on a form prescribed by the Director of Community
Development and shall include, but be limited to the following:
A. Names and addresses of the sponsor, operator, and owner(s) of the property.
B. Affidavit of the property owner authorizing use of the property for the proposed use.
C. Address and/or legal description of the property (Assessor's Parcel Number).
D. Statement describing the proposed use together with any data pertinent to the
consideration and granting of the requested permit, including, but not limited to:
1. Number of people expected to attend at anyone time;
2. Total number of people expected to attend;
Ordinance No. 1026
Page 5
3. Dates and hours of operation;
4. Demonstration of compliance with the standards and provIsIons of this
Chapter and that the conduct of the proposed use will not be detrimental to
the environment, or to the public health, safety or general welfare;
E. A vicinity map.
F. A dimensional site plan showing the boundaries of the property where the use is
proposed and illustrating the location of the major elements of the use, including
parking, access and circulation, water, and sanitary facilities; and
G. Other information and plans as may be required by the Community Development
Director to determine whether a permit should be granted or denied. The Director
may also authorize omission of any information or plans if he finds they are not
necessary.
H. Application shall be accompanied by a fee which shall be established in accordance
with Chapter 3.32 of the Municipal Code.
Section 17.98.050 Action Upon Applications. The Community Development Director may
approve, conditionally approve, modify, or deny the application after review of the
application and any comments received. No application shall be approved unless the
applicant has affirmatively demonstrated that all provisions of this Chapter will be complied
with and that the proposed activity will not be detrimental to the environment, or the public
health, safety, or general welfare.
Section 17.98.060 Standards of Operations. Except as otherwise provided in this Chapter,
Temporary Uses may be permitted in the Zoning Districts noted in Section 17.98.030,
provided a permit is granted pursuant to the provisions of this Chapter. The following
standards shall be applied to all temporary uses and compliance with these standards shall
be demonstrated as a condition of the issuance of any permit provided for by this Chapter:
A. Parking. All applications for temporary uses shall provide adequate parking for the
use. If the use is established within an existing parking area it shall be shown that
this use will not detract from the existing business or the business' ability to provide
adequate parking.
1. A parking plan shall be required to be submitted and approved prior to the
issuance of a permit.
B. Access and Parking Control. Every applicant shall provide adequate ingress and
egress to the premises of the use and parking areas. Necessary roads, driveways and
entrance ways shall exist to insure orderly flow of traffic into the premises from a
highway or road which is a part of the City system of highways or which is a highway
maintained by the State or County. A special access way for fire equipment,
ambulances and other emergency vehicles may be required. The City Engineer must
approve the applicant's plan for ingress and egress before a permit shall be issued.
C. Sanitation Facilities. If deemed necessary by the Community Development Director
adequate sanitation facilities shall be provided as determined by the County Health
Officer based upon State and local health laws. Provide facilities for the
handicapped.
D. Food Concessions. Concessions must be licensed and operate under valid Health
Department permit pursuant to local ordinances and State laws.
E. Hours of Operation. All activities which are subject to permit under this Chapter
shall close and cease operation continuously between the hours of twelve (12:00)
midnight and eight (8:00) a.m. of each and every day.
Ordinance No. 1026
Page 6
F. Trash and Refuse. The site shall be cleaned and restored to its original condition
or better at the conclusion of the use. An adequate number of trash receptacles shall
be provided on-site and shall be emptied or removed as necessary at the applicant's
expense. If deemed necessary by the Community Development Director a bond will
be required to insure that the site is cleaned to its original condition at the
conclusion of the use.
G. Noise. The amount of noise generated by the operation of the temporary use shall
not disrupt the activities of nearby land uses or otherwise violate the provisions of
Chapter 17.78 of the Municipal Code relating to Noise.
H. Health and Safety Codes. All applicable laws and ordinances with respect to
equipment used, construction, plumbing, mechanical, electrical, and all other respects
shall be observed.
I. Sales of Goods and Services. All sales of goods and services shall be limited to or
sponsored by one (1) of the following:
1. Non-profit organizations
2. Existing community organizations
3. Existing licensed businesses with an existing established business location
within the City
4. Licensed businesses with the permission of the property owner of vacant
property in the case of extended and seasonal temporary uses subject to the
limitations set forth in Section 17.98.030.B and C.
Section 17.98.070 Overnight Camping. Overnight camping may only be permitted by specific
approval of the Community Development Director and shall comply with the following
guidelines:
A. Overnight camping may be permitted for persons administering or personnel serving
as security for an extended or seasonal temporary use.
B. Overnight camping shall be limited to only fully self-contained vehicles which have
toilet facilities.
C. Overnight camping shall not be allowed at any location more frequently than four
times a year.
D. Any overnight camping shall obtain approvals from the County Health Department
and comply with all recommendations and conditions.
E. Any overnight camping shall obtain a permit from the City and pay required permit
fees. Except for security personnel as provided in Subsection A, any overnight
camping shall be subject to obtaining a temporary trailer park permit and compliance
with all applicable provisions of California Administrative Code, Title 25.
Section 17.98.080 Performance Bonds. Performance bonds may be required as a condition
of approval of any permit requiring the permittee to execute an agreement with the City of
Lake Elsinore secured by a cash bond in the amount necessary to guarantee performance
of the agreement and to restore the site to its original condition.
Section 17.98.090 Variances. Variances or modifications to the strict interpretation of any
provisions of this Chapter may be granted by the Planning Commission provided it is found
that the purpose and intent of this Chapter has been complied with.
Section 17.98.100 Appeals. An applicant or any interested person may file an appeal of the
Community Development Director's decision with the Planning Commission within ten (10)
calendar days of the rendering of such a decision, and pursuant to Section 17.80.020 any
person may appeal to the City Council the decision of the Planning Commission. The
appeal must be in writing, on forms provided by the City, and accompanied by a fee as set
Ordinance No. 1026
Page 7
pursuant to Chapter 3.32 of the Municipal Code.
Section 17.98.110 Revocation. Any permit issued pursuant to this Chapter may be
summarily revoked and the use ordered closed by the Community Development Director
or his designee for breach of any of the conditions of the permit or the provisions of this
Chapter, or for the violations of any laws of the State if, at any time, the applicant fails to
immediately correct any such deficiencies.
INTRODUCED AND APPROVED UPON FIRST READING this 11th day of
February 1997, upon the following vote:
AYES: COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25th
day of February 1997, upon the following vote:
AYES: COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
"\
~-pr~y~
Vicki Lynne~Kasad, City Clerk
City-of L~ke Elsinore
, d
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~.~/l'" .. . . <..:.. ../ /
tk. >>, i. ,i I) / ,/ Zl~_,
., 6. Lof / ..'-/ u ;c:..
. Kevin Pape,~ayor
II
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(SEAL)
APPROVED AS TO FORM AND LEGALITY:
\ !
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John Harper, City t
City of Lake Elsinore
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 read by title only for adoption on
February 11, 1997, and passed on February 25, 1997, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
.. 9(j~"GD.~Y~
~KIUSAD, dry CLERK
- qTY OF LAKE ~LSINORE
(SJ!At) .
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. 1026 of said Council, and that the same has not been amended or repealed.
DATEQ: February 28, 1997
.9(~r ."1/ I
u~,--,it~~~;(
VICKI-KASAD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
ORDINANCE NO. 1027
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, CHANGING THE
ZONING OF AN AREA FRONTING CAMINO DEL NORTE
APPROXIMATELY 2000 FEET SOUTH OF THE
INTERSECTION OF 2ND STREET FROM R-1 (SINGLE-
FAMILY RESIDENTIAL) [HPD] AND M-1 (LIMITED
MANUFACTURING) TO C-2 (GENERAL COMMERCIAL)
ZONE CHANGE 96-3: CITY OF LAKE ELSINORE
-
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE: ZONING RECLASSIFICATION
This Zoning Map of the City of Lake Elsinore, California, is hereby
amended by changing, reclassifying and rezoning the following
described property, to wit:
377-350-015 and 377-350-016;
from R-1, Single-Family Residential (Hillside Planned District) to
C-2 General; and
377-200-029, 377-200-030, 377-200-031 and 377-200-033;
from M-1, Limited Manufacturing to C-2 General Commercial; as
illustrated in Exhibit "A" attached hereto, and that said real
property shall hereafter be subject to the provisions and
regulations of the Zoning Ordinance relating to property located
within such C-2 Zoning District.
Approval is based on the following:
1. This request is consist with the Goals, Policies, and
Objectives of the General Plan.
2. This request will bring the zoning for the area into
conformance with the General Plan.
3. This request will not result in any significant adverse
impact on the environment.
SECTION TWO:
This Ordinance shall become effective as provided by law.
-
INTRODUCED AND APPROVED UPON FIRST READING this 25th of
February, 1997, upon the following roll call vote:
AYES: COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
NONE
Page 2
Ordinance No. 1027
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 11th day
of March, 1997, upon the following roll call vote:
AYES: COUNCILMEMBERS:
ALONGI, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
BRINLEY
ABSTAIN: COUNCILMEMBERS:
NONE
Kevin Pap , Mayor
City of Lake Elsinore
A':''fEST:
_ n C;, '\-~"., \I, cYtj
_.LLu~l--1..../ ~J...>v ~ ~ vv
Vicki" Lynne 1.<: asad, City Clerk
City of I.ake Elsinore
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
J?tm~
John Harper, Cit Attorney
City of Lake Elslnore
EXHIBIT
" A"
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96-3
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(,-2.
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 read by title only for adoption on
February 25, 1997, and passed on March 11, 1997, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, KELLEY, METZE, P APE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
BRINLEY
rS.TAIN.\:. COUNCILMEMBERS:
/~(_--/\ 0/ \
\; ) - (\)' //-- .. A
- U~'V2A~ tl./{;'~~
VICKI.KASAD,..CITY CLERK
CITY OF L~ILELSINORE
(SEAt)
NONE
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. 1027 of said Council, and that the same has not been amended or repealed.
DATED: March 13, 1997
I J
,)( - //
\J' ,-. /
U~k]N~
- .VICKI KASAD, CITY CLERK
CITY W LAKE ELSINORE
(SEAl,)
ORDINANCE NO. 1028
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINlSTRATION
OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE.
-
The City Council of the City of Lake Elsinore does hereby ordain as
follows:
SECTION 1. That an amendment to the contract between the City
Council of the City of Lake Elsinore and the Board of Administration, California
Public Employees' Retirement System is hereby authorized, a copy of said
amendment being attached hereto) marked Exhibit, and by such reference made a
part hereof as though herein set out in full.
SECTION 2. Th?Mayor of the City of Lake Elsinore is hereby
-
authorize) empowered, and directed to execute said amendment for and on behalf of
said Agency.
SECTION 3. This Ordinance shall take effect 30 days after the date of
its adoption, and prior to the expiration of 15 days from the passage thereof shall be
pub lisped at least one time in the Sun Tribune) a newspaper of general circulation,
published and circulated in the City of Lake Elsinore and thenceforth and thereafter
the same shall be in full force and effect.
INTRODUCED AND PASSED UPON FIRST READING BY TITLE
ONLY, .this 11 th day of March, 1997) upon the following roll call vote:
-
AYES:
COUNCILMEfv1BERS: ALONGI, KELLEY, METZE, PAPE
NOES:
COUNCILlv1E11BERS: NONE
ABSENT:
COUNCILMEMBERS: BRINLEY
ABSTAIN:
COUNCll..MEMBERS: NONE
PASSED, APPROVED AND ADOPTED UPON SECOND
PAGE" TWO - ORDINANCE NO. 1028
READING BY TITLE ONLY, this 8th day of April, 1997, upon the following
-
roll call vote:
AYES:
COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS: NONE
ABSTAIN:
COUNCILMEMBERS:
CITY OF LAKE ELSINORE
-
APPROVED AS TO LEGAL FORM:
~\t1L C
JOHN R. HARPER, C
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 read by title only for adoption on
March 11, 1997, and passed on April 8, 1997, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
-0~CY ~ \
v~KI0.~CLERK
CITY ~P~P~KE ELSINORE
(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. 1028 of said Council, and that the same has not been amended or repealed.
DATED: . APRIL 11, 1997
~'kd~
-. ~ITY QF LA.l(E ELSINORE
(SEAL)
ORDINANCE NO. ~29
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA ADOPTING
AMENDMENT NO. 3 TO THE ALBERHILL RANCH
SPECIFIC PLAN AND MITIGATED NEGATIVE
DECLARATION 97-3 FOR THE LAKE ELSINORE OUTLET
CENTER EXPANSION (HORIZON GROUP, INC.)
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES ORDAIN
AS FOLLOWS:
WHEREAS, there has been an Amendment No.3 application by Horizon Group, Inc. for
the Alberhill Ranch Specific Plan, an area which consists of 202 acres of land bordered by
Interstate 15 to the west and bisected by Nichols Road; and
WHEREAS, the Planning Commission has reviewed Mitigated Negative Declaration 97-3
and has recommended that the City Council: (1) certify requirements of the California
Environmental Quality Act and the City's CEQA Guidelines, and (2) approve Specific Plan
Amendment No.3 for the project; and
WHEREAS, the City Council has reviewed Mitigated Negative Declaration 97-3 prepared
in accordance rith the California Environmental Quality Act, and has considered the information
contained therein and in the other documents referred to therein; and
/
~~
WHEREAS, the City Council has approved Mitigated Negative Declaration 97-3 and has
made the Findings required by the State CEQA Guidelines.
NOW THEREFORE, BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE THAT:
-
SECTION 1. Upon the recommendation of the Planning Commission and based upon the
Findings adopted hereby with regard to the approval of the Pwject, the City Council hereby (i)
finds that Specific Plan Amendment No.3 to the Alberhill Ranch Specific Plan is consistent with
the General Plan of the City, (ii) finds the adoption of Specific Plan Amendment No.3 is in the
public interest, and (iii) approves and adopts Specific Plan Amendment No.3.
1. Specific Plan Amendment No.3 meets the City's Specific Plan criteria for content and
required implementation of the General Plan established by Section 65450 et seq. of the
California Government Code and Section 17.99 of the City of Lake Elsinore Municipal
Code.
2. Specific Plan Amendment No.3 is consistent with the Goals, Policies and Objectives of
the General Plan and with other applicable plans or policies adopted by the City.
3. Development standards and regulations contained in Specific Plan Amendment No.3
supersede applicable City ordinances and codes, unless specifically stated to the contrary.
Approval of Specific Plan Amendment No. 3 shall not be interpreted as waiving
compliance with other Federal or State laws or City Codes.
4. Location of Specific Plan Amendment No.3 allows future development to be well-
integrated with its surroundings.
-
5. All vehicular traffic generated by future development, either in phased increments or at
full build-out, will be accommodated safely and without causing undue congestion upon
adjoining streets.
6. Except as limited by State law, including SB 1287, Specific Plan Amendment No.3
provides plans which allows land uses to be adequately serviced by existing or proposed
public facilities and services.
7. Overall design of Specific Plan Amendment No.3 will produce attractive, efficient and
stable development.
ORDINANCE NO. _lQ..2Y__
PAGE TWO
8. Specific Plan Amendment No.3 will not be detrimental to the health, safety, comfort or
general welfare of the persons residing or working within the City, nor will it be injurious
to property or improvements in the project area or within the City.
9. Mitigated Negative Declaration 97-3, Mitigation Monitoring Program, Response to
Comments, and other technical studies have been prepared, submitted and reviewed in
accordance with requirements of the California Environmental Quality Act and the City's
CEQA guidelines, and are complete and adequate in their evaluation of all environmental
effects of Specific Plan Amendment No.3 and associated discretionary approvals.
10. Specific Plan Amendment No. 3 will not degrade the quality of the environment,
substantially reduce fish habitat or wildlife species, cause fish or wildlife population to
drop, threaten plant or animal communities, reduce or restrict the range of rare or
endangered plant or animal species, or eliminate important cultural resources.
11. Specific Plan Amendment No.3 will not have the potential to achieve short-term goals
to the disadvantage of long-term environmental goals.
12. Specific Plan Amendment No.3 will not have impacts which are individually limited but
cumulatively considerable.
13. Specific Plan Amendment No. 3 will not have environmental effects which cause
substantial adverse effects on people.
SECTION 2. This Ordinance shall take effect thirty (30) days after the date of its
passage. 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, UPON FIRST READING this 10th day of June 1997, by the following vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTENTIONS:
COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 24th day of June
1997, by the following vote:
AYES: COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES: COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
NONE ifL 01 ~
. PAPE, MA~
LAKE ELSINORE
ABSTENTIONS: COUNCILMEMBERS:
-
~fSS.tH\. __ ~
\.' -~._.
~c ....=.--:. _-.:__________
VICKI LYNNE. ASAD, CITY CLERK
~~~ A
-------------
JOHN HARPER,
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 read by title only for adoption on
June 10, 1997, and passed on June 24, 1997, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
~. C\ '''U/....::.
1 )~ ../
~.', \,.-
.,
ViCKI ~SAD) ~ITY CLERK
CI'rY OF LAKE ELSINORE
- -
(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. 1029 of said Council, and that the same has not been amended or repealed.
DATED: June 26, 1997
(Zri,\ 'l ~
_ j~- ~W\
\-lCKIuAS ... ~TY CLERK
_ C'!TY (;ii' LAJill ~LSINORE
(SIr~~).
ORDINANCE NO. 1030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, ADDING SECTION 2.08.026 TO
THE LAKE ELSINORE MUNICIPAL CODE,
ESTABLISHING A VOLUNTARY EXPENDITURE
CEILING FOR ELECTIONS TO CITY OFFICES AND
PROVIDING FOR AN INCREASE IN THE CAMPAIGN
CONTRIBUTION LIMITS IN ACCORDANCE WITH THE
POLITICAL REFORM ACT OF 1996 (pROPOSmON 208).
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY
ORDAINS AS FOLWWS:
SECTION 1. "The California Political Reform Act of 1996" passed by the voters
as Proposition 208 on November 5, 1996, permits cities to establish voluntary expenditure
ceilings for candidates for elective office and the controlled committees of such candidates.
Pursuant to California Govenunent Code Section 85400(c), effective January 1, 1997, such a
local voluntary expenditure ceiling may be established in any amount not to exceed one dollar ($1)
per resident of the jurisdiction.
SECTION 2. Section 2.08.026 is hereby added to the Lake Elsinore Municipal
Code to read as follows:
SECTION 2.08.026. CITY COUNCIL ELECTIONS - VOLUNTARY CAMPAIGN
EXPENDITURE CEILING.
a) Pursuant to Govenunent Code Section 85400 (c), a voluntary expenditure ceiling
is hereby established for each candidate in each election to City elective office in an
amount equal to one dollar ($1) per resident of the City. A3 used in this Section the term
"City elective office" shall mean the offices of Member of the City Council.
b) The City Council shall determine the number of residents in the City for the
purposes of this Section by resolution.
c) Prior to accepting any contributions, each candidate for City elective office shall
file with the City Clerk a statement of acceptance or rejection of the voluntary expenditure
ceiling established herein.
d) No candidate for City elective office who accepts the voluntary expenditure ceiling
established herein and no controlled campaign committee of such a candidate shall make
campaign expenditures cumulatively in excess of the voluntary expenditure ceiling
established herein.
e) Each candidate who rejects the voluntary expenditure ceiling established herein
shall be subject to the contribution limit set forth in Government Code Section 85301, as
the same may be amended from time to time.
f) Each candidate who accepts the voluntary expenditure ceiling established herein
shall be subject to the contribution limit set forth in Government Code Section 85402, and
not the contribution limit set forth in Government Code Section 85301, as either shall be
amended from time to time. In addition, as to each such candidate the City Clerk shall
provide notification to voters that the candidate has accepted the voluntary expenditure
ceiling established herein, as required by Government Code Section 85602 and any
applicable regulations.
g) Except as provided herein, the provisions of the California Political Reform Acts
of 1974 and 1996, Government Code Sections 81000, et seQ. (collectively, "the Acts"),
and applicable regulations adopted pursuant thereto, as the same may be amended from
time to time, shall govern the interpretation and application of this Section.
PAGE lWO - ORDINANCE NO. 1030
h) The penalties and remedies for violations of this Section shall be those set forth in
the Acts.
SECTION 3. If any sentence, clause or phrase of this ordinance is for any
reason held to be uncOnstitutional or otherwise invalid, such decision shall not affect the validity
of the remaining provisions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each sentence, clause or phrase thereof irrespective of the fact that
anyone or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid.
SECTION 4. The City Clerk is hereby directed to certify to the passage
and adoption of this Ordinance and shall cause the same to be published in the manner required by
law.
INTRODUCED AND PASSED UPON FIRST READING this 24th day of
June, 1997, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
PASSED, APPROVED AND ADOPTED UPON SECOND READING this <? +h
...--
day of July, 1997, upon the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES:
. COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
.[. 'I." -.ST. .~.
~tJ
VICKI :t:ASAti, CITY CLERK
Ci't"i' CF'LAKE ELSINORE
vnJ:P~~R
ITY OF LAKE ELSINORE
APPROVED AS TO FORM & LEGALITY:
~~~
JOHN R. HARPER, CI TTORNEY
CITY OF LAKE ELSINORE
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 read by title only for adoption on
June 24, 1997, and passed on July 8, 1997, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE,
PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABBTAIN:
COUNCILMEMBERS:
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. 1030 of said Council, and that the same has not been amended or repealed.
DATED: July 9,1997
~~~YCLERK
CITY DF LAKE ELSINORE
(SEAL)
I
)
ORDINANCE NO. 1031
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, CHANGING THE
ZONING OF 18.11 GROSS ACRES ALONG FRANKLIN
STREET FROM R-3 (HIGH DENSITY RESIDENTIAL
ZONING) TO C-2 (GENERAL COMMERCIAL) - ZONE
CHANGE 97-2: SCOTT MCDANIEL
THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DOES ORDAIN AS FOLLOWS:
SECTION ONE: ZONING RECLASSIFICATION
This Zoning Map of the City of Lake Elsinore, California, is hereby amended by changing,
reclassifying and rezoning the following described property, to wit:
ASSESSOR'S PARCEL NUMBER 377-330-007
from R-3 (High Density Residential Zoning) to C-2 (General Commercial); as illustrated in
Exhibit "A" attached hereto, and that said real property shall hereafter be subject to the
provisions and regulations of the Zoning Ordinance relating to property located within such C-2
Zoning District.
Approval is based on the following:
1. The proposed zone change will not be: a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the
neighborhood of the proposed amendment or within the City, or b) injurious to
property or improvements in the neighborhood or within the City.
2. The proposed action will be consistent with the Goals, Objectives and Policies of
the General Plan and the standards established in the Municipal Code.
3. This project will not have a significant impact on the environment.
SECTION TWO:
This Ordinance shall become effective as provided by law.
INTRODUCED AND APPROVED UPON FIRST READING this 28th of
October, 1997, upon the following roll call vote:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, P APE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Page 2
Ordinance No. 1031
PASSED, APPROVED AND ADOPTED UPON SECOND READING this 25th day
of November, 1997, upon the following roll call vote:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: METZE
ABSTAIN: COUNCILMEMBERS: NONE
Kevin Pape, ayor
City of Lake Elsinore
ATTES-T:
(
V~
Vicki Lyime asad, City Clerk
City -of Lake ~E1sinore
~ '. - "
(SEAL)
APPROVED AS TO FORM AND LEGALITY:
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 read by title only for adoption on
October 28, 1997, and passed on November 25, 1997, by the following roll call vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, P APE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
METZE
ABSTAIN:
COUNCILMEMBERS:
NONE
n-rrv
U~.W
VICKf~SAl), i,iTY CLERK
CITY OF LAKE-ELSINORE
-
(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. 1031 of said Council, and that the same has not been amended or repealed.
DATED: November 26, 1997
-
..2f~.U
VICKfi{ASADj CITY CLERK
CITY OF ~AKE"ELSINORE
(SEAL)
ORDINANCE NO. 1032
AN ORDINANCE EXTENDING ORDINANCE NO. 1022 AN URGENCY
INTERIM ORDINANCE TEMPORARILY PROHIBITING NEW MULTI-
FAMILY RESIDENTIAL PROJECTS AT A DENSITY GREATER THAN
TWELVE (12) DWELLING UNITS PER ACRE PENDING
CONTEMPLATED GENERAL PLAN AND ZONING STUDIES
WHEREAS, the City of Lake Elsinore General Plan and Zoning Code (Title 17 of the
Municipal Code) presently allows multi-family residential projects subject to certain regulations
within certain areas so designated on the Land Use Map of the General Plan and the zoning maps
of the City; and
WHEREAS, recent applications for such use has caused elected and appointed officials,
staff, adjacent existing residential uses and the community at large to express concern about the
impacts of such use on the health, safety and welfare of the surrounding uses and the general public
at large and request consideration of the appropriateness of the locations of such land uses as
designated and the regulations related thereto; and
WHEREAS, such health, safety and welfare concerns include the impacts on the residential
neighborhoods, and businesses adjacent thereto; and the impacts on the City's transportation system
and public services resulting from the high density of such projects, the impact on property values
adjacent thereto and the ability to provide services for the project itself; and
WHEREAS, as a consequence, there is a current and immediate threat to the public health,
safety, and welfare as described and that the approval of any entitlement for such use which are
required in order to comply with the existing General Plan or ordinance would result in that threat
to the public health, safety, and welfare; and
WHEREAS, the City Council of the City of Lake Elsinore adopted Ordinance 1021 and
1022 prohibiting new multi-family residential projects at a density greater than twelve (12) dwelling
units per acre pending contemplated General Plan and zoning studies on October 22, 1996 (Ord.
1021) for a period of 45 days and on November 26, 1996 (Ord. 1022 which would be due to expire
October 21, 1997).
NOW, THEREFORE, the City Council for the City of Lake Elsinore does hereby ordain
as follows:
1. The foregoing recitals are true and correct and are incorporated herein.
2. That no multiple family residential use at a density greater than twelve (12) dwelling
units per acre shall be permitted in any area, within the City pending study by the
planning staff, Planning Commission and City Council with regard to appropriate
rules, regulations and locations for said use.
3. This Interim Ordinance extension shall be of no further force and effect twelve
months from the date of expiration of Ordinance No. 1032 (October 21, 1998).
4. Ten (10) days prior to the expiration of this Ordinance, the City Council shall issue
a written report describing the measures taken related to the subject matter of this
Ordinance.
INTRODUCED AND APPROVED UPON FIRST READING this 28th day of October, 1997, by
the following vote:
AYES:
COUNCILMEMBERS:
ALONGI, BRINLEY, KELLEY, METZE, PAPE
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
ABSTAIN:
COUNCILMEMBERS:
NONE
Ordinance No. 1032
Page 2
PASSED, APPROVED AND ADOPTED this 25 day of November, 1997, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
ATTEST:
i .~
ViGki Lyline- sad,- City Clerk
Ci.!y of Lake Elsinore
(SEAL)
APPROVED AS TO FO~1ND LEGALITY:
;J / ii' ..'J
/' // . / / V /
BRINLEY, KELLEY, PAPE
ALONGI
METZE
NONE
Kevin Pap , Mayor
City of Lake Elsinore
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 read by title only for adoption on
October 28, 1997, and passed on November 25, 1997, by the following roll call vote:
AYES:
COUNCILMEMBERS:
BRINLEY, KELLEY, P APE
NOES:
COUNCILMEMBERS:
ALONGI
ABSENT:
COUNCILMEMBERS:
METZE
-
ABSTAIN: COUNCILMEMBERS:
r')( - (\
0~U
T{iC.KI KASAD, CITY CLERK
CITY-or 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. 1032 of said Council, and that the same has not been amended or repealed.
DATED: November 26, 1997
-ilL%J
"JICKI !<l:.SAD,. CiTY CLERK
CITY OF tAKE "ELSINORE
(SEAL)