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HomeMy WebLinkAboutOrd. No. 2018-1396 CFD 2006-1 Summerly Special Tax Improvement Area IIORDINANCE NO. 2018 -1396 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO.2006 -1 (SUMMERLY) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN IMPROVEMENT AREA II OF SUCH DISTRICT Whereas, after a public hearing, on February 28, 2006, the City Council (Council) of the City of Lake Elsinore (City) adopted Resolution Nos. 2006 -30 and 2006 -31, which formed City of Lake Elsinore Community Facilities District No. 2006 -1 (Summerly) (the "District" or "Community Facilities District No. 2006 -1 ") and Improvement Area Nos. 1 through 3 therein, and called special elections on February 28, 2006, within Improvement Area Nos. 1 through 3 of the District on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the establishment of an appropriations limit for the District, which were approved by more than two - thirds vote by the qualified electors on February 28, 2006; and, Whereas, subsequent to the formation of the District, the District received a petition signed by owners of the land within the boundaries of the District to dissolve Improvement Area Nos. 1 through 3 therein and to establish Improvement Areas A through F of the District, to authorize the levy of the special tax in accordance with rates and methods of apportionment of special taxes for Improvement Areas A through F and to authorize the District to incur bonded indebtedness for Improvement Areas A through F; and, Whereas, on January 25, 2011, the Council, acting as the legislative body of the District, adopted Resolution Nos. 2011 -005 and 2011 -006, dissolving Improvement Area Nos. 1 through 3 therein, establishing Improvement Areas A through F of the District and declaring the intention to incur bonded indebtedness of the District for Improvement Areas A through F; and, Whereas, after a public hearing, on March 8, 2011, the Council adopted Resolution Nos. 2011- 119 and 2011 -120, which called special elections on March 8, 2011, within Improvement Areas A through F of the District on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the establishment of an appropriations limit for the District, which were approved by more than two - thirds vote by the qualified electors on March 8, 2011 (collectively, the "2011 Change Proceedings "); and, Whereas, subsequent to the 2011 Change Proceedings, the District received a petition signed by owners of the land within Improvement Areas C through F of the District to dissolve Improvement Areas C through F and to establish Improvement Areas CC, DD, EE, FF, GG, HH and II of the District from the areas within Improvement Areas C through F of the District; and, Whereas, on February 25, 2014, the Council, acting as the legislative body of the District, adopted Resolution Nos. 2014 -2010 and 2011 -2011, dissolving Improvement Areas C through F therein, establishing Improvement Areas CC, DD, EE, FF, GG, HH and II of the District and declaring the intention to incur bonded indebtedness of the District for Improvement Areas CC, DD, EE, FF, GG, HH and II; and, Whereas, after a public hearing, on April 8, 2014, the Council adopted Resolution Nos. 2014 -016 and 2014 -017, which called special elections on April 8, 2014, within Improvement Areas CC, DD, EE, FF, GG, HH and II of the District on three propositions relating to the levying of a special tax, the incurring of bonded indebtedness and the increase of the appropriations limit for the District, Ord. No. 2018 -1396 Page 2 of 4 which were approved by more than two - thirds vote by the qualified electors on April 8, 2014 (collectively, the "2014 Change Proceedings "); and, Whereas, subsequent to the 2014 Change Proceedings, the District received a petition signed by McMillin Summerly, LLC, a Delaware limited liability company, which owns land within Improvement Area II, the boundaries of which are described in Resolution Nos. 2014 -2010 and 2014 -011 which petition meets the requirements of Section 53332 of the Act, requesting that the District approve a new rate and method of apportionment for Improvement Area Il; and, Whereas, on October 23, 2018, the Council, acting as the legislative body of CFD No. 2006 -1, adopted Resolution No. 2018 -133 (the "Resolution of Intention "), stating its intention to consider the approval of the First Amended and Restated Rate and Method of Apportionment attached thereto as Attachment "A" (the "First Amended and Restated Rate and Method "); and, Whereas, a notice calling a public hearing on November 27, 2018, was published as required by law relative to the intention of the Council to consider the approval the First Amended and Restated Rate and Method; and, Whereas, on November 27, 2018, the Council conducted a noticed public hearing to determine whether it should proceed with the approval of the First Amended and Restated Rate and Method; and, Whereas, at the November 27, 2018, public hearing all persons desiring to be heard on all matters pertaining to the approval of the First Amended and Restated Rate and Method were heard and a full and fair hearing was held; and, Whereas, on November 27, 2018, following the close of the public hearing, the Council adopted Resolution No. 2018 -1396 (the "Change Resolution "), which called a special election on November 27, 2018, within Improvement Area II of CFD No. 2006 -1 on the approval of the First Amended and Restated Rate and Method; and, Whereas, on November 27, 2018, a special election was held within Improvement Area II of CFD No. 2006 -1 at which the qualified electors approved by more than a two - thirds vote, Proposition A, approving the First Amended and Restated Rate and Method for CFD No. 2006 -1. NOW, THEREFORE, THE CITY COUNCIL, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006 -1 (SUMMERLY), ORDAINS AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. By the passage of this Ordinance, the City Council authorizes the levy of a special tax within Improvement Area II of CFD No. 2006 -1 at the maximum rates and in accordance with the First Amended and Restated Rate and Method. Section 3. The City Council is hereby further authorized to determine in each subsequent fiscal year, by ordinance, or by resolution if permitted by then applicable law, on or before August 10 of each year, or such later date as is permitted by law, the specific special tax rate and amount to be levied on each parcel of land in the Improvement Area II of the District pursuant to the First Amended and Restated Rate and Method. The special tax rates to be levied pursuant Ord. No. 2018 -1396 Page 3 of 4 to the First Amended and Restated Rate and Method shall not exceed the applicable maximum rates set forth therein, but the special tax may be levied at a lower rate. Section 4. Properties or entities of the state, federal or other local governments shall be exempt from the special tax, except as otherwise provided in Sections 53317.3 and 53317.5 of the Act and the First Amended and Restated Rate and Method. No other properties or entities are exempt from the special tax unless the properties or entities are expressly exempted in Resolution No. 2014 -2010 or the Change Resolution, or in a resolution of consideration to levy a new special tax or special taxes or to alter the rate or method of apportionment of an existing special tax as provided in Section 53334 of the Act. Section 5. All of the collections of the special tax pursuant to the First Amended and Restated Rate and Method shall be used as provided for in the Act, Resolution No. 2014 -2010 and the Change Resolution. The special tax shall be levied within Improvement Area II of the District only so long as needed for the purposes described in Resolution No. 2014 -2010 and in the Change Resolution. Section 6. The special tax levied pursuant to the First Amended and Restated Rate and Method shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in case of delinquency as is provided for ad valorem taxes (which such procedures include the exercise of all rights and remedies permitted by law to make corrections, including, but not limited to, the issuance of amended or supplemental tax bills), as such procedure may be modified by law or by the City Council from time to time. Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the interest or principal of any bonded indebtedness of the District issued for Improvement Area II, together with any penalties and other charges accruing under this Ordinance, are not paid when due, the City Council may, not later than four years after the due date of the last installment of principal on such bonds, order that the same be collected by an action brought in the superior court to foreclose the lien of such special tax. Section 8. The Mayor shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City of Lake Elsinore. Section 9. This Ordinance relating to the levy of the special tax within Improvement Area II of the District shall take effect 30 days following its final passage, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Act. Section 10. The City Clerk is hereby authorized to transmit a certified copy of this ordinance to the Riverside County Assessor and Treasurer -Tax Collector, and to perform all other acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose of this Ordinance. Ord. No. 2018 -1396 Page 4 of 4 Passed and Adopted on this 27th day of November 2018. Attest: Mark Mahan Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that Ordinance No. 2018 -1396 was introduced by the City Council of the City of Lake Elsinore, California, at the Regular meeting of November 27, 2018, and that the same was adopted at the Regular meeting of December 11, 2018, by the following vote: AYES: Council Members Hickman, Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: None ABSTAIN: None Mark Mahan Deputy City Clerk ORDINANCE NO. 2019 -1397 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NO. 2018 -01 FOR AN APPROXIMATELY 1,550 SQUARE FOOT CANNABIS FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 31885 CORYDON AVE (APN: 370 - 031 -018) Whereas, David Hargett, IE Licensing has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018 -33 (Development Agreement No. 2018 -01 and Conditional Use Permit No. 2018 -05) to establish an approximately 1,550 Square Foot (SF) Cannabis Facility within an existing building (Project). The Project will consist of 812 SF of manufacturing space and 738 SF of warehouse and ancillary uses. The Project is generally located at the northeast corner of the intersection Cereal and Corydon and more specifically referred to as 31885 Corydon (APN: 370 - 031 -018), and, Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Chapter 19.12 (Development Agreements) of the Lake Elsinore Municipal Code (LEMC) the Planning Commission (Commission) 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 November 20, 2018, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. Whereas, pursuant to LEMC Chapter 19.12 the Council of the City of Lake Elsinore (Council) has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission for development agreements; and, Whereas, on December 11, 2018, at a duly noticed Public Hearing, the City 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 ORDAIN AS FOLLOWS: Section 1: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency: 1. The Project is not subject to the City's LEAP and the Western Riverside County Regional Conservation Authority's (RCA) JPR processes as it is not located within a Criteria Cell. Ord. No. 2019 -1397 Page 2 of 4 2. The Project is consistent with the Riparian /Riverine Areas, Vernal Pools Guidelines, and the Fuel Management Guidelines as the Project is wholly located within an existing building and does not include any earth disturbing activities therefore Sections 6.1.2 or 6.3.1 of the MSHCP are not applicable. 3. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines and the Additional Survey Needs and Procedures because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas. 4. The Project is consistent with the Fuels Management Guidelines because the Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas. 5. The Project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees. Section 2: The Council hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq. "CEQA ") and CEQA Guidelines (14. Cal. Code Regs. § §15000 et seq.), specifically pursuant to Section 15301 (Class 1 — Existing Facilities), because the Project proposes to establish a Cannabis Facility within an existing building. The site is fully developed and only minor interior alterations are planned in association with the proposed use. Section 3: That in accordance with California Planning and Zoning Law and the Section 19.12.070 (Planning Commission report) of the LEMC, the Council makes the following findings regarding Development Agreement No. 2018 -01: 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 help to offset the potential costs incurred by the City associated with the establishment of a Cannabis related facility within an industrial district. The Project site's General Plan Land Use designation is Limited Industrial (U). The proposed Project is consistent the LI land use designation and with the objectives, policies, general land uses and programs specified in 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 establishment of the Cannabis related facility within an existing building. The Project is located in the Limited Industrial (LI) General Plan Land use designation and the Limited Manufacturing (M -1) Zoning designation, which is consistent with the applicable General Plan Land Use Designation. The proposed use is a permitted use subject to the approval of a Conditional Use Permit within the M -1 Zoning designation. 3. It is in conformity with public convenience, general welfare and good land use practices. The proposed Cannabis related facility 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 Project has been Ord. No. 2019 -1397 Page 3 of 4 reviewed and conditioned by all applicable City departments to reduce the potential for any adverse effects. 4. It will not be detrimental to the health, safety and general welfare. The proposed Development Agreement will facilitate the establishment of a Cannabis related facility within an existing building. The proposed Project has been reviewed and conditioned by all applicable City departments to reduce the potential for any adverse effects to the health, safety and general welfare. 5. It will not adversely affect the orderly development of property or the preservation of property values; The proposed Development Agreement will facilitate the establishment of a Cannabis related facility within an existing building. The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the LEMC and will complement the existing uses. The 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 4. Based upon the evidence presented, both written and testimonial, and the above findings, the Council finds that the Project is consistent with the MSHCP Section 5. Based upon the evidence presented, the above findings, the City Council approves Development Agreement 2018 -01. Section 6. 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 7. 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 City 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. Ord. No. 2019 -1397 Page 4 of 4 PASSED and ADOPTED at the Regular meeting of the City Council of the City of Lake Elsinore, California, on the 8'" day of January 2019.ti ATTEST: Mark Mahan Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE) I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Ordinance No. 2019 -1397 was introduced at the Regular meeting of December 11, 2018, and adopted by the City Council of the City of Lake Elsinore at its Regular meeting of January 8, 2019 by the following vote: AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tern Tisdale NOES: None ABSENT: None ABSTAIN: Mayor Manos Mark Mahan Deputy City Clerk