Loading...
HomeMy WebLinkAboutCC Reso No 2011-064 Approving TPM 36304 7 Via Del Lago APN 363-350-021RESOLUTION NO. 2011 -064 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING TENTATIVE PARCEL MAP NO. 36304 LOCATED AT 7 VIA DEL LAGO (APN: 363- 350 -021) WHEREAS, an application has been filed with the City of Lake Elsinore by Mr. Doug Pinnow, for the subdivision of 3.17 acres of land into three (3) single family residential lots( "the Project "), which is located 7 Via Del Lago at APN 363- 350 -021 (the "Site "); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions relating to Tentative Parcel Maps; and WHEREAS, the City Council has considered the recommendation of Planning Commission following its consideration on March 1, 2011 and May 3, 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 November 8, 2011. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a decision, the City Council has reviewed and analyzed Tentative Parcel Map No. 36304 pursuant to the appropriate provisions of the Subdivision Map Act and Planning and Zoning Laws of the State of California, the Lake Elsinore General Plan, the Tuscany Hills Specific Plan (R -SF District) and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. The City Council hereby finds and determines that Tentative Parcel Map No. 36304 is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") pursuant to Section 15315 (Minor Land Divisions) categorical exemption. Specifically, the City Council finds that the Tentative Parcel Map allows for the subdivision of 3.17 acres of land into three (3) individual parcels for property located at 7 Via Del Lago at APN 363- 350 -021. SECTION 3. That in accordance with Subdivision Map Act (Gov't Code Section 66410 et seq) and Chapter 16 of the Lake Elsinore Municipal Code, the City Council makes the following findings for approval of Tentative Parcel Map No. 36304: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and the Tuscany Hills Specific Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs and is physically suitable for the proposed density specified in the General Plan and the Tuscany Hills Specific Plan. CITY COUNCIL RESOLUTION NO. 2011 -064 PAGE 2 OF 4 Tuscany Hills Specific Plan designates the Subdivision site as Residential Single Family (R -SF). Consistent with that designation, the Subdivision can accommodate the proposed density of three detached single- family residences. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Tuscany Hills Specific Plan, and Subdivision Map Act and will not conflict with established public easements. 2. The lot sizes and arrangement are compatible with lots in the surrounding area and the general pattern established in the vicinity. The Subdivision maintains the character of the large lots in the surrounding area known as Tuscany Hills Estates by placing the smaller lots at the furthest most end of Tuscany Hills Estates and maintaining the largest lots to the north and east of the proposed subdivision. 3. The effects this project 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 land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Tuscany Hills Specific Plan. Tentative Paiicel Map No. 36304 is consistent with the R- SF designation and applicable development and design standards. 4. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any serious public health problems or significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Tentative Parcel Map No. 36304. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2011 -064 PAGE 3OF4 PASSED, APPROVED AND ADOPTED this 8th day of November 2011, by the following vote: 1- - CIQ BRIAN TISDALE MAYOR A VIRGI CITY i APPROVED AS TO FOR — x &�W BAR RA LEIB LD2 CITY ATTORNEY CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 36304 PLANNING DIVISION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Tentative Parcel Map No. 36304. 2. Tentative Parcel Map No. 36304 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), Title 16 unless modified by approved Conditions of Approval. 4. Prior to final recordation of the Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the Tuscany Hills Specific Plan and the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. Prior to issuance of building permit, the applicant shall submit a letter of verification (will - serve letter) from appropriate utility providers to the City Engineer, for all required utility services. Each lot shall have separate and exclusive utility services, including, but not limited to, sewer, water, electrical, gas, and communications so that they are piggybacking on sewer or any other utilities. 8. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 9. The applicant shall pay all applicable fees including park fees. 10. The applicant shall meet all requirements of the providing electric utility company. 11. The applicant shall meet all requirements of the providing gas utility company. 12. The applicant shall meet all requirements of the providing telephone utility company. CONDITIONS OF APPROVAL PAGE 2OF3 TPM 36304 13. If applicable, the applicant shall incorporate measures to control the quantity and quality of runoff from the site entering the MSHCP Conservation area. 14. Land uses proposed in proximity to the MSHCP Conservation Area that use chemicals or generate bioproducts such as manure, which are potentially toxic or may adversely affect wildlife species or habitat or water quality shall incorporate measures to ensure that application of such chemicals does not result in discharge to the MSHCP Conservation Area. 15. Night lighting shall be directed away from the MSHCP Conservation Area. 16. Proposed noise generating land uses affecting the MSHCP Conservation Area shall incorporate setbacks, berms or walls to minimize the effects of noise on MSHCP Conservation Area resources pursuant to applicable rules, regulations and guidelines. 17. Consider the invasive, non - native plant species in table 6 -2 of the MSHCP in landscape plans to avoid the use of invasive species for the portions of the project that are adjacent to the MSHCP Conservation Area. 18.All future structural development associated with this map requires separate Minor Design Review approval. 19. Prior to final map approval, the applicant and the property owner shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be installed prior to the issuance of a grading permit. ENGINEERING DIVISION 21. Record Access Easements on Parcel 2 for the benefit of Parcel 3 allowing use of the common drive and hammer -head and requiring the property owner of Parcel 2 to be responsible for perpetual maintenance and upkeep of the common driveway. Record six foot Utility Easement on Parcel 1 for the benefit of Parcel 2. The form of the Easement Agreements shall be approved by the City Attorney and City Engineer prior to recordation. 22. Record "Fire Lane" easement over the hammer -head such that the area is kept free for use by the Fire Department. CONDITIONS OF APPROVAL PAGE 3OF3 TPM 36304 23. Record a 10 -foot utility easement along the common property line of Parcel 1 and Parcel 2. 24. Drainage shall be controlled and conveyed to the public right -of -way such that all debris is kept on site and silt and material transported by erosion is not carried into the public right -of -way from the site. 25.The applicant shall file a grading /drainage plan to eliminate all cross lot drainage to the satisfaction of the City Engineer. 26. Proposed changes to the access requiring construction in the public right -of -way shall follow the encroachment permit process in place at the City. 27. Site work extending beyond the property boundary shall require permission from the affected property owner prior to commencement of work. COMMUNITY SERVICES DEPARTMENT 28. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 29.The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -064 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 8th day of November 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Pro Tern Magee, Council Member Hickman, Council Member Melendez, Council Member Weber and Mayor Tisdale None None None