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Home My WebLink AboutCC Reso No 2011-123RESOLUTION NO. 2011 -123 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 36117 WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Vesting Tentative Tract Map No. 36117, which subdivides approximately 89 acres of land within the Canyon Hills Specific Plan into 10 parcels (2 multi - family residential; 2 open space; 5 landscape, and 1 basin) (the "Subdivision "); and WHEREAS, the Subdivision is located within the Canyon Hills Specific Plan (Planning Areas 1A and 1 B), which is located near the southeast corner of Canyon Hills Road and Piedmont Drive within the Canyon Hills Specific Plan area. Direct access to the project site is available from Railroad Canyon Road; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions to the pertaining to the subdivision of land; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: CITY COUNCIL RESOLUTION 2011 -123 PAGE 2 OF 5 (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. "; and WHEREAS, Addendum No. 3 to the certified Final Environmental Impact Report, (the "FEIR ") for the Canyon Hills Specific Plan was prepared and approved by the City Council in July 2010 to provide environmental analysis and information necessary to support approval of Vesting Tentative Tract Maps 36117 and 36118; and WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No. 3 and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR or the changes addressed in Addendum No 3; and WHEREAS, the City Council has considered the recommendation of Planning Commission following its consideration on February 15, 2011, as well as evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 8, 2011. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Subdivision prior to making a decision to approve the application. The City Council hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, the Subdivision does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with Subdivision were contemplated by the FEIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Subdivision. CITY COUNCIL RESOLUTION 2011 -123 PAGE 3OF5 SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Vesting Tentative Tract Map No. 36117: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. Canyon Hills Specific Plan Amendment No. 3 designates the Subdivision site as Multi Family Residential 2 (MF2). Consistent with that designation, the Subdivision will accommodate an attached multi- family residential project. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Canyon Hills Specific Plan Amendment No. 3, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Canyon Hills Specific Plan Amendment No. 3. Vesting Tentative Tract Map No. 36117 is consistent with the MF2 designation and applicable development and design standards. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Subdivision is consistent with the City's General Plan, Zoning Code, and the Canyon Hills Specific Plan Amendment No. 3. The Subdivision will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the subdivision, the City Council hereby approves Vesting Tentative Tract Map No. 36117. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION 2011 -123 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8th day of March, 2011. H A MAYOR ATTEST: 1 - VIRGINIA J LOO CITY CLERK X01'a Lai BAR ARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CITY COUNCIL RESOLUTION 2011 -123 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -123 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 8th day of March 2011, and that the same was adopted by the following vote: AYES: HICKMAN, MELENDEZ, TISDALE, MAYOR PRO TEM MAGEE, AND MAYOR BHUTTA NOES: NONE ABSENT: NONE ABSTAIN: NONE VIRGI A J. B OM CITY CLERK