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HomeMy WebLinkAboutPC Reso No 2013-66RESOLUTION NO. 2013 -66 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 2013 -02, AMENDMENT NO. 10 TO THE EAST LAKE SPECIFIC PLAN WHEREAS, Brian Milich, McMillin Communities, has filed an application with the City of Lake Elsinore requesting approval of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan (the "Project "); and WHEREAS, the project site is generally located southwest of the Links at Summerly Golf Course facility and in the central area of the East Lake Specific Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of specific plans and any amendments thereto; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 16, 2013. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) and Chapter 17.204 of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seg. of the California Government Code and Section 17.204 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan PLANNING COMMISSION RESOLUTION NO. 2013 -66 PAGE 2OF5 Amendment complies with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed location shall allow the development to be well- integrated with or adequately buffered from its surroundings, whichever may be the case. The Project is appropriate to the site and surrounding developments in that implementation of the Project will result in an improved design that consolidates the recreation facility location with an area that was already intended to be developed as a central neighborhood park for open space use. The relocation of the recreation facility onto PA 42 will centralize and thereby improve the location of multiple recreational amenities for future residents. In addition, the amendment also proposes to allow the Design Review Process to be considered and action be taken by the City Planning Commission, with an available appeal process to the City Council. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The width and type of pavement needed to carry the type and quantity of traffic generated that will result from implementation of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan has been reviewed and accounted for. The City has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 4. The Specific Plan Amendment shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by the Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. PLANNING COMMISSION RESOLUTION NO. 2013-66 PAGE 3OF5 Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. Amendment No. 10 to the East Lake Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the amendment will result in an improved design that consolidates the recreation facility location with an area that was already intended to be developed as a central neighborhood park for open space use. The relocation of the recreation facility onto PA 42 will centralize and thereby improve the location of multiple recreational amenities for future residents. 5. The overall design of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan will produce an attractive, efficient and stable development. Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan has been designed in consideration of the size and shape of the property, thereby, strengthening and enhancing the immediate areas. The Project will complement the quality of neighboring existing and future uses by creating visually- pleasing development. Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the Project or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan Amendment No. 10 and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. PLANNING COMMISSION RESOLUTION NO. 2013-66 PAGE 4OF5 Environmental clearance and analysis for the proposed application is provided by a Supplemental Environmental Impact Report (SEIR) which was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present changes or new information regarding the potential environmental impacts of development. No further environmental clearance is necessary. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends approval of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 16th day of July 2013. ZZ,G� kick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -66 PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -66 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of July 2013, and that the same was adopted by the following vote: AYES CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J.1MIacHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR SPECIFIC PLAN AMENDMENT NO. 2013-02 AND A REVISION TO TENTATIVE TRACT MAP NO. 31920 LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN GENERAL CONDITIONS 1. The proposed project (Revised Tentative Tract Map No. 31920) is for the subdivision of Planning Area 46 of the East Lake Specific Plan (ELSP), which consists of approximately 4 acres, into 17 individual lots for property located in the Recreation Village District of the ELSP to allow for a total of 100 individual lots for Parcels 26 and 27. The project also identifies Parcel 19 as the Recreation Center Lot. 2. The applicant/developer shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 3. This project shall comply with the applicable Conditions of Approval of Tentative Tract Map No. 31920. PLANNING DIVISION 4. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 5. Applicant shall comply with all applicable Conditions of Approval of previously approved Tentative Tract Map No. 31920, a copy of which is attached, some of which may be repeated herein. 6. At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate Native American Tribal Representative (Representative) to notify the Representative of the initiation of the grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Representative to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the responsibilities and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites and human remains discovered on the site. *It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe due to prior and extensive coordination with the City in determining potentially significant impacts and appropriate mitigation measures due to its demonstrated cultural affiliation with the project area. Planning Commission Approved July 16, 2013 CONDITIONS OF APPROVAL FOR SPECIFIC PLAN AMENDMENT NO. 2013-02 AND A REVISION TO TENTATIVE TRACT MAP NO. 31920 LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN 7. All lots shall comply with minimum standards contained in ELSP as amended and if applicable, standards of the LEMC that are not specified in the ELSP. 8. The developer shall comply with any application Mitigation Measures from the Mitigation Monitoring Program (MMP) that was adopted as part of the previously certified SEIR, associated with the East Lake Specific Plan Amendment No. 6 (SCH # 2003071050). 9. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. 10. Applicant shall comply with all requirements of the Riverside County Fire Department. 11. Applicant shall pay all applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to the issuance of building permits. 12. Applicant shall meet all requirements of the providing electric utility company. 13. Applicant shall meet all requirements of the providing gas utility company. 14.Applicant shall meet all requirements of the providing telephone utility company. 15.Applicant shall provide a bond to guarantee the removal of all trailers used during construction. 16.The City's Noise Ordinance shall be met during all site preparation and construction activity. Construction shall not commence earlier than 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING DIVISION 17.This project shall comply with the applicable Conditions of Approval of Tentative Tract Map No. 31920, a copy of which is attached. 18.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 19.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. Planning Commission Approved July 16, 2013 CONDITIONS OF APPROVAL FOR SPECIFIC PLAN AMENDMENT NO. 2013-02 AND A REVISION TO TENTATIVE TRACT MAP NO. 31920 LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN 20. Prior to the issuance of any building permits, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. FIRE CONDITIONS 21. This project shall comply with the. applicable Conditions of Approval of Tentative Tract Map No. 31920, a copy of which is attached. Planning Commission Approved July 16, 2013