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HomeMy WebLinkAboutPC Reso No 2013-67RESOLUTION NO. 2013-67 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 A REVISION TO TENTATIVE TRACT MAP NO. 31920. WHEREAS, Brian Milich, McMillin Communities, has filed an application with the City of Lake Elsinore requesting approval of a revision to Tentative Tract Map No. 31920 for a project site located within 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 revisions to Tentative Tract Maps; and, WHEREAS, on July 16, 2013 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. 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 the revision to Tract Map No. 31920 pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. The Planning Commission hereby finds and determines that the revision to Tentative Tract Map No. 31920 is subject to 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 "). Specifically, the Planning Commission finds that the Project Supplemental Environmental Impact Report (SEIR) 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 additional CEQA documentation is necessary. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of a revision to Tentative Tract Map No. 31920: 1. The proposed subdivision, together with the provisions for its design and PLANNING COMMISSION RESOLUTION NO. 2013-67 PAGE 2OF3 improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The General Plan designates the site for a mixed land use Specific Plan. Consistent with that designation, the revised Tract Map can accommodate future residential land uses. The Tract Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, the East Lake Specific Plan and Subdivision Map Act. 2. 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 revised Tract Map is consistent design standards, and programs, contained in the General Plan. The consistent with the residential land u development and design standards. with the land use plan, development and and all other appropriate requirements revised Tentative Tract Map No. 31920 is 3es within the specific plan and applicable 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any 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 because it is not for development purposes but only for parcel conveyances for financing purposes. 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 Planning Commission hereby recommends that the City Council approve the revision to Tentative Tract Map No. 31920. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 16th day of July, 2013. zet�fle n�iz Rick Morsch, Chairman City of Lake Elsinore ATTEST; Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -67 PAGE 3OF3 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 -67 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 MORCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J. MacHott, 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. 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. 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 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. 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. 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 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