HomeMy WebLinkAboutOrd. No. 2017-1382 Condominium DevelopmentORDINANCE NO. 2017 —1382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA APPROVING A DEVELOPMENT AGREEMENT FOR AN 163 DETACHED
CONDOMINIUM DEVELOPMENT, LOCATED ON APPROXIMATELY 20 ACRE
PROJECT SITE
Whereas, Sunwood Lakeview, LLC has requested approval of a Development Agreement pursuant
to California Government Code Sections 65864-65869.5 in connection with the development of 163
condominiums on an approximately 20 -acre site located at the northwest corner of Grand Avenue
and Riverside Drive; and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 19.12 (Development
Agreements) the Planning Commission (Commission) of the City of Lake Elsinore (City) has been
delegated with the responsibility of reviewing and making a recommendation to the City Council
(Council) whether the Development Agreement is consistent with the City's General Plan and whether
to approve the Development Agreement; and,
Whereas, on September 5, 2017, at a duly noticed Public Hearing, the Commission considered
evidence presented by the Community Development Department and other interested parties with
respect to this item and recommended approval of the proposed Development Agreement; and,
Whereas, pursuant to LEMC Chapter 19.12 the Council of the City has the responsibility of making
decisions to approve, modify or disapprove recommendations of the Commission for Development
Agreements; and,
Whereas, on September 12, 2017, at a duly noticed Public Hearing, the Council has considered
evidence presented by the Community Development Department and other interested parties with
respect to this item.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HERBY
ORDAIN AS FOLLOWS:
Section 1. On September 12, 2006, the Council approved and adopted Mitigated Negative
Declaration (MND) No. 2006-05 which analyzed the environmental impacts associated with the
residential development of the subject property, which is now part of Residential Design Review No.
2014-07 (RDR No. 2014-07) and Specific Plan Amendment No. 2014-02.
Section 2. Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164, an
addendum to MND No. 2006-05 was prepared to determine if the Project would have any new
significant impacts on the environment. The addendum found no new impacts that exceeded the
previously identified impacts that could not be mitigated through the existing mitigation measures
contained in MND No. 2006-05 and updated these mitigation measures to meet current standards.
Section 3. On May 5, 2015, at a duly noticed Public Hearing, the Commission considered evidence
presented by the Community Development Department and other interested parties with respect to
this item; and adopted Resolution No. 2015-39 recommending that the Council adopt Addendum No.
1 to the MND No. 2006-05 for Specific Plan 2005-02 Amendment No. 1 and Residential Design
Review (RDR) No. 2014-07.
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Section 4. On June 23, 2015, at a duly noticed Public meeting, the Council considered the
recommendation of the Commission as well as evidence presented by the Community Development
Department and other interested parties with respect to this item; and adopted Resolution No. 2015-
58 adopting Addendum No. 1 to MND No. 2006-05 for Specific Plan 2005-02 Amendment No. 1 and
Residential Design Review No. 2014-07.
Section 5. Pursuant to the CEQA, the Project received environmental clearance and analysis in
connection with the approval of the Village at Lakeshore Specific Plan Amendment (SPA) No. 2014-
02, Conditional Use Permit (CUP) No. 2005-21, Tentative Tract No. 33627 and RDR No. 2014-07 by
an Addendum to a Mitigated Negative Declaration (MND) (SCH No. 2006017027) which adequately
describes the Project for the purposes of CEQA. The Development Agreement is consistent with the
Lake Elsinore General Plan, the Village at Lakeshore Specific Plan, the LEMC and Project approvals
and does not conflict with the findings and discussions contained in the MND.
Section 6. That in accordance with California Planning and Zoning Law and the LEMC Chapter
19.12, the Council makes the following findings regarding the proposed Development Agreement:
1. It is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan;
The proposed Development Agreement will facilitate the development of a residential community.
The proposed development is located in the Specific Plan General Plan Land use designation and is
located within the Lakeview planning district. The Lakeview planning district's primary goal is to
provide a revitalized and healthy mixed-use corridor along Riverside Drive with connections to the
lake; to ensure adequate public facilities and services to meet the needs of existing and new
development and City -adopted specific plans; and to establish policies that create strong links
between existing and future LAKE VIEW DISTRICT LV -7 residential communities and supporting
commercial, entertainment, or recreational uses. The proposed development agreement would help
facilitate the development of a previously approved specific plan that is consistent with the General
Plan
2. It is compatible with the uses authorized in, and the regulations prescribed for, the land use district
in which the real property is located;
The proposed Development Agreement will facilitate the development of a large sports complex
facility. The Project is located in The Villages at Lakeshore Specific Plan Amendment No. 1 and is
located in the Medium Density Residential land -use designation. The Medium Density Residential
land -use designation specifies the use of condominiums as permitted.
3. It is in conformity with public convenience, general welfare and good land use practices;
The approved Village at Lakeshore development which will be facilitated through the proposed
Development Agreement was found to be a high value development which will have beneficial
impacts to the surrounding community. Furthermore, the approved Addendum No. 1 to the MND No.
2006-05 identified adverse impacts and mitigation to reduce these impacts to levels of less than
significant.
4. It will not be detrimental to the health, safety and general welfare;
The proposed Development Agreement will facilitate the development a residential community. The
previously approved project was found not to be detrimental to the health, safety and general welfare.
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5. It will not adversely affect the orderly development of property or the preservation of property
values;
The proposed Development Agreement will facilitate the development of a residential complex. The
previously approved project was found not to adversely affect the orderly development of property or
the preservation of property values.
6. It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed Development Agreement includes all mandatory provisions required by Government
Code § 65865.2 and does not include any provisions that are not authorized by the Development
Agreement Act.
Section 7. Based upon the evidence presented, the above findings, the Council approves the
Development Agreement.
Section 8. Severability. If any provision of this Ordinance or its application is held invalid by a court
of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of
the Resolution which can be given effect without the invalid provision or application, and to this end
each phrase, section, sentence, or word is declared to be severable.
Section 9. Effective Date. This Ordinance shall take effect thirty (30) days after the date of its final
passage or such later date as may be designated by the Council. The City Clerk shall certify as to
adoption of this Ordinance and cause this Ordinance to be published and posted in the manner
required by law.
Passed and Adopted on this 26th day of September 2017.
Robe E. Magee
Mayor
Attest:
Susan M. Domen, MMC
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2017-1382 was introduced at the Regular meeting of September 12, 2017,
and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of September 26,
2017, by the following vote:
AYES: Council Members Hickman, Manos and Tisdale; Mayor Pro Tem Johnson and Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the 16th day of September 2017, and on the 3rd
day of October 2017.
Susan M. Domen, MMC
City Clerk