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HomeMy WebLinkAboutCC Reso No 2018-038 Escrow Instruction for Purchase and Sale of Real Property (RCTC)RESOLUTION NO. 2018-038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AGREEMENT AND ESCROW INSTRUCTIONS FOR PURCHASE AND SALE OF REAL PROPERTY BY AND BETWEEN THE CITY OF LAKE ELSINORE AND THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC) Whereas, the City of Lake Elsinore (City) is a municipal corporation organized and operating under the laws of the State of California; and, Whereas, the RCTC has declared certain unimproved real property comprised of approximately 1.69 acres located on the south side of SR 74, just east of Trellis Lane in the City (Assessor's Parcel No. 347-110-089) as surplus property (Property); and, Whereas, the City desires to acquire the Property in furtherance of the creation of an economic opportunity pursuant to California Government Code Section 52201; and, Whereas, the City Council (Council) has duly considered all of the terms and conditions of the Purchase and Sale Agreement,_as set forth in the agenda report presented to it and as attached hereto and any testimony received at the public hearing at which this matter was considered, and believes that the acquisition of the Property is in the best interests of the City and will create an economic opportunity and improved access to adjacent parcels designated for commercial development that could serve City residents and visitors in accord with the public purposes and provisions of applicable State and local law requirements; and, Whereas, notice of the public hearing was published in accordance with the requirements of Government Code section 52201, the Summary Report prepared pursuant thereto was available for public review, and all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. The Council finds that the proposed acquisition of the Property will assist in the creation of economic opportunity. Section 3. The Council hereby approves the purchase of the Property for a purchase price of $73,500. The terms and provisions of the Purchase and Sale Agreement between the City and RCTC with respect to the acquisition of the Property in the form attached hereto is hereby approved, with such changes as may be mutually agreed upon by the City Manager (or his duly authorized representative), in consultation with the City Attorney, as are minor and in substantial conformance with the form of the Purchase and Sale Agreement submitted herewith. Section 4. The City hereby appropriates funds from the Traffic Development Impact Fees Fund to fund the purchase price for the Property and other costs as set forth in the Purchase and Sale Agreement. Section 5. The acquisition of the Property by the City pursuant to the Purchase and Sale Agreement is exempt from the provisions of CEQA under Section 15004(b)(2)(A) of the State Reso. No. 2018-038 Page 2 CEQA Guidelines because any subsequent disposition or action taken by the City Council with respect to the future use of the Property shall be preceded by, and is conditional and contingent upon, environmental assessment and review under, and in compliance with, CEQA. Section 6. The City Manager is hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest, the Purchase and Sale Agreement on behalf of the City, including the acceptance in the name and on behalf of the City of a grant deed conveying to this City the above-described interest in the Properties. In such regard, the City Manager is authorized to sign the final version of the Purchase and Sale Agreement after completion of any such non - substantive, minor revisions. Copies of the final form of the Agreement, when duly executed and attested, shall be placed on file in the office of the City Clerk. Section 7. In addition, the City Manager is authorized and directed to do any and all things, and to execute any and all additional documents, which he may deem necessary or advisable to effectuate this Resolution, including all escrow instructions and documents, which in consultation with the City Attorney, he may deem necessary or advisable in order to carry out and implement the Purchase and Sale Agreement and otherwise effectuate the purposes of this Resolution and to administer the City's obligations, responsibilities and duties to be performed under the Purchase and Sale Agreement. Section 8. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof. Section 9. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. Section 9. This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 13th day of February 2018. Natasha Johnson Mayor r Atte t:�� Susan M. Domen, MMC City Clerk Reso. No. 2018-038 Page 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-038 was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of February 13, 2018, and that the same was adopted by the following vote: AYES: Council Members Hickman, Magee, Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: None ABSTAIN: None ct� Susan M. Domen, MMC City Clerk RESOLUTION NO. 2018-037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO, 2017-01 FOR A- 104 UNIT CONDOMINIUM COMPLEX WITH ELEVEN BUILDINGS AND RELATED IMPROVEMENTS LOCATED AT APN: 379-230-001 Whereas, Peng Jiang, ANG Designs has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-58 (Tentative Tract Map No. 37280 and Residential Design Review No. 2017-01) for the development of the Lakeview Manor Condominium project (Project). The Project consists of eleven, two-story condominium buildings with 104 units (164,347 sq. ft. total), 242 covered and open parking, landscaped common areas, and a 15,909 sq. ft. outdoor recreation complex that includes a large playground, swimming pool and spa, tennis court, and a 6,918 sq. ft. private community clubhouse on an approximately 7.5 - acre site. The Project also includes a tentative tract map application to consolidate existing parcels into one -7.28 acre lot for condominium purposes. The remaining 0.22 -acre of the site will be dedicated for road right-of-way purposes. The Project site is located on a currently vacant site southeasterly of Machado Street, on the southwesterly side of the intersection of Lakeshore Drive and Gunnerson Street within the Lakeshore Village Specific Plan (LVSP) (APN: 379-230-001); and, Whereas, pursuant to Chapter 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to design reviews; and, Whereas, on December 5, 2017 and January 16, 2018 at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department (CDD) and other interested parties with respect to this item; and, Whereas, pursuant to Section 17.184.090 of the LEMC, the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for design review applications; and, Whereas, on February 13, 2018, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the CDD and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), the Lakeshore Village Specific Plan (LVSP), and the LEMC and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP, LVSP, and the LEMC. Section 2. On February 13, 2018, after consideration and evaluation of all written reports and comments and oral testimony presented by the CDD and- other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record of the noticed Public Hearing on the Project, the Council adopted Resolution No. 2018- Reso. No. 2018-037 Page 2 of 3 034 finding and determining that the Mitigated Negative Declaration (ER 2017-04) (SCH No. 2017111013) is adequate and is prepared in accordance with the requirements of CEQA. Section 3. That in accordance with Chapter 17.184 of the LEMC, the Council makes the following findings regarding Residential Design Review No. 2017-01: 1. The Project, as approved, will comply with the goals and objectives of the GP, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the GP because it will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to diversify and expand Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the GP and all other applicable provisions of the LEMC. The proposed architecture effectively employs horizontal and vertical elements to break up the massing of the buildings. The uses of arches, shutters, and other architectural treatments reinforce the high quality of the proposed design. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. 3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.184.070 of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing held on December 5, 2017. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the Project will not result in a substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary. Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Residential Design Review No. 2017-01. Section 5. This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 13th day of Fehr inn/ gni R Reso. No. 2018-037 Page 3 of 3 Attest: r Susan A_ Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-037 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 13, 2018, and that the same was adopted by the following vote: AYES: Council Members Hickman, Magee, NOES: None ABSENT: None ABSTAIN: None Tisdale; Mayor Pro -Tem Manos and Mayor Johnson Susan M. Domen, MMC City Clerk I