The URL can be used to link to this page

Home My WebLink AboutOrd. No. 2010-1270Page 1 of 4 ORDINANCE NO. 1270 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND PARDEE HOMES, SUCCESSOR-IN-INTEREST TO PARDEE-GROSSMAN/COTTONWOOD, ET AL. WHEREAS, California Government Code Sections 65864 through 68569.5 authorizes municipalities to enter into development agreements with persons having a legal or equitable interest in real property in order to strengthen the public planning process, provide greater certainty in the development process and reduce the economic costs of development; and WHEREAS, pursuant to Government Code Section 65865 the City has adopted rules and regulations establishing procedures and requirements for consideration of development agreements as set forth in Chapter 19.12 of the Lake Elsinore Municipal Code; and WHEREAS, the City has received a request from Pardee Homes, the successor in interest to Pardee-Grossman/Cottonwood, to consider a first amendment to that certain Development Agreement by and between the City and Pardee- Grossman/Cottonwood recorded on July 19, 1990 (the "First Amendment to Development AgreemenY'), and proceedings have been taken in accordance with the City's rules and regulations; and WHEREAS, following a duly noticed public hearing on December 1, 2009, the Planning Commission of the City of Lake Elsinore approved Resolution PC No. 2009-66 making certain findings and recommending approval of the proposed First Amendment to the Development Agreement by the City Council. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council held a duly noticed public hearing on the First Amendment to the Development Agreement on December 22, 2009 and based on the information presented, the City Council makes the following findings in accordance with Section 19.12.080 of the Lake Elsinore Municipal Code: a. The First Amendment to the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and the Canyon Hills Specific Plan. b. The First Amendment to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for the single-family regulation in the Canyon Hilis Specific Plan in which the real property is located. c. The First Amendment to the Development Agreement is in conformity with public convenience, general welfare and good land use practices. Ordinance No. 1270 Page 2 of 4 d. The First Amendment to the Development Agreement will not be detrimental to the health, safety and general welfare of the community. e. The First Amendment to the Development Agreement will not adversely affect the orderly development of property or the preservation of property values. f. The First Amendment to the Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5 SECTION 2. The City has properly reviewed and assessed the First Amendment to the Development Agreement pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") and finds that the environmental documentation prepared and adopted/approved for the Canyon Hills Specific Plan (and amendments thereto) pursuant to the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), the "CEQA Guidelines" (Title 14, California Code of Regulations Section 15000 et seq.) and the City's local guidelines promulgated thereunder (hereinafter collectively referred to as "CEQA") adequately address the potential environmental impacts and that there are no substantial changes to the project site or the circumstances under which the project site is to be regulated and developed under the First Amendment to the Development Agreement when viewed against the Specific Plan EIR and subsequent environmental documents, nor any new information of substantial importance which would require preparation of another CEQA document, including an EIR, pursuant to CEQA Guidelines Section 15162. Any future approvals will be evaluated in accordance with CEQA. SECTION 3. The City Council hereby approves the First Amendment to the Development Agreement between the City of Lake Elsinore and Pardee Homes, submitted to the City Council, on file with the City Clerk and incorporated herein by reference. The Mayor and City Clerk are hereby authorized and directed to execute and attest, respectively, the First Amendment to the Development Agreement on behalf of the City of Lake Elsinore. SECTION 4. The City Clerk is directed to transmit the First Amendment to the Development Agreement to the County Recorder for recordation no later than ten (10) days after the adoption of this Ordinance. SECTION 5. This Ordinance shall take effect thirty (30) days after the date of its final passage or such later date as may be designated by the 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. Ordinance No. 1270 Page 3 of 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 12 day of January 2010. �� -.� �-'yZ��-, MELISSA A. MELENDEZ, MAY CITY OF LAKE ELSINORE ATTEST: ��D/CC✓ �i�/1 �n �h � DEBORA THOMSEN, CMC CITY CLERK APPROVED AS TO FORM: �! � �� /��i/siG� �� .��!/�` �:�� .�-• :• � Ordinance No. 1270 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1270 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 22nd day of December 2009, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 12 day of January 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Bhutta, Buckley, Hickman, Magee, Melendez. None. None. None. �� DEBORA THOMSEN CITY CLERK