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Home My WebLink AboutCC Reso No 2015-037 City Council Reso.RESOLUTION NO. 2015 -037 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 36577 SUBDIVIDING 150.8 ACRES INTO SIX LOTS FOR FINANCE AND CONVEYANCE PURPOSES WHEREAS, Spectrum Communities filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 36577 (the "project') to subdivide 150.8+ acres of unimproved property located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue (APN 378- 040 -004 through 007, 378 - 040 -012, 389- 180 -001 and 002, and 389 - 190 -002) into six lots for Finance and Conveyance Purposes; and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines ") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and WHEREAS, pursuant to CEQA Guidelines Section 15072, on October 16, 2014 the City duly issued a notice of intent to adopt a Mitigated Negative Declaration; and in accordance with CEQA Guidelines Section 15073, the Initial Study /Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on October 16, 2014 and ending on November 17, 2014. WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and, WHEREAS, on December 2, 2014, January 6, 2015 and March 17, 2015 at duly noticed public hearings the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -11 recommending that the City Council approve Tentative Tract Map No. 36577; and WHEREAS, pursuant to Section LEMC Section 16.24.120 of the Lake Elsinore Municipal Code ( "LEMC') the City Council of the City of Lake Elsinore has the responsibility of acting on a tentative map after receipt of the Planning Commission action by either approving, conditionally approving or disapproving it; and City Council Resolution No. 2015 -037 Page 2 of 3 WHEREAS, on May 12, 2015 and July 14, 2015, at duly noticed public hearings, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and proposed General Plan Amendment, and the Lake Elsinore Municipal Code and finds and determines that the proposed Tentative Tract No. 36577 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and proposed General Plan Amendment, proposed Terracina Specific Plan and the Lake Elsinore Municipal Code. SECTION 2. The City Council has considered Mitigated Negative Declaration No. 2014 -02 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2014 -02 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2014 -02 provides the necessary environmental clearance for Tentative Tract No. 36577. SECTION 3. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Tentative Tract Map No. 36577 for Finance and Conveyance Purposes have been made as follows: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan and proposed General Plan Amendment, and with the proposed Terracina Specific 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 project is proposed to allow for financing and conveyance purposes only. No development will be permitted as a result of approval of this map. Any future development of the site must be preceded by the final approval process of a Tentative Tract Map for subdivision purposes. 2. Subject to the attached conditions of approval, the proposed project will not result in any significant environmental impact. No development will be permitted with the approval of Tentative Tract Map No. 36577. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. City Council Resolution No. 2015 -037 Page 3 of 3 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a of the City of Lake Elsinore, California, this 14t"ay- ATT ST: Virgini #Bo it y Clerk APPROVED AS TO FORM: Ba ara Leibold, Nty Attorney ular meeting of the City Council my 2015. Mayor CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL `EZTT,'NG- TENTATIVE TRACT MAP NO. 36577 FOR FINANCING AND CONVEYANCE PURPOSES PLANNING DIVISION 1. The proposed project (Vesting Tentative Tract Map No. 36577) is a request to subdivide 150.8 acres into six (6) lots for the purpose of Financing and Conveyance only. No grading permits, building permits or other development will be allowed with this approval. (Amended by Staff prior to March 17, 2015 Planning Commission hearing.) 2. The applicant shall •defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees and Agents for 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 the proposed project attached hereto. 3. VeG#Rg—Tentative Tract Map No. 36577 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements for the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. (Amended by Staff prior to March 17, 2015 Planning Commission hearing.) 4. In the event an association or other legally responsible entity fails to maintain applicable improvements in such a manner as to cause same of to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures an impose a lien for the cost of such abatement. 5. All future development within the Vesting Tentative Tract Map No. 36577 area shall conform to all standards set forth in the Lake Elsinore Municipal Code and General Plan. Current landowner shall disclose to all potential buyers the requirements to conform to all standards and provisions of the LEMC and General Plan. (Amended by Staff prior to March 17, 2015 Planning Commission hearing.) ENGINEERING DIVISION 6. The processing of this map shall conform to the requirements of the Subdivision Map Act. 7. This 6 parcel tentative map is for financing and conveyance purposes only. A subsequent tract map or parcel map shall be required to subdivide this property. Planning Commission Approved Page 1 of 3 City Council Approved March 17, 2015 July 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 36577 FOR FINANCING AND CONVEYANCE PURPOSES Specific conditions of approval related to traffic circulation, grading, drainage, right of way dedications, mitigation fee, and other related engineering requirements and /or mitigations shall be required when the property is subdivided or at time of development. 8. Each parcel shall have access to public right -of -way. 9. Existing right -of -way dedications (easements) shall be labeled prior to tentative map approval. Confirmation of existing right of way dedications shall be obtained through a title search with a copy provided to the Engineering Division prior to final map approval. 10. The developer shall be responsible for acquiring right -of -ways in which the developer or the City has no legal title or interest. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2015 -1 (Safety) Law Enforcement Fire and Paramedic Services CFD 11. Prior to approval of the Final Map, Parcel Map, Site Development Plan Residential Design Review, or Special Use Permit (as applicable), the applicant shall consent to the formation of a Community Facilities District or annex into the proposed Community Facilities District No. 2015 -1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello -Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall make a seven thousand five hundred dollar ($7,500) non - refundable deposit to cover the cost of the formation or annexation process as applicable. contact David y Bilby, FinaRGe— Mager, City of Lake Fisinore at (951) 674 3124 a D6+4_,.__' by cLke €1s+nor� o The applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the protect on public safety operations and maintenance issues in the City in lieu of creating /annexing into a district. Contact the Administrative Services Director at 951 - 674 -3124. (Amended by Staff prior to March 17, 2015 Planning Commission hearing.) Planning Commission Approved Page 2 of 3 City Council Approved March 17, 2015 July 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL `BESTING TENTATIVE TRACT MAP NO. 36577 FOR FINANCING AND CONVEYANCE PURPOSES Annex into the City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services 12. Prior to approval of the Final Map, Parcel Map, Site Dever.,.,. ent Plan Residential Design Review, Special Use Permit or building permit (as applicable), the applicant shall consent to the formation of a Community Facilities District or annex into the proposed Community Facilities District No. 2015 -2 (Maintenance Services) to -fund the on -going operation and maintenance of the public right -of -way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right - of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a seven thousand five hundred dollar ($7,500) non - refundable deposit to cover the cost of the formation or annexation process, as applicable. t ^nt David Rdb7 FinaRGe nno„wger f' ±� -a 1 ono G_isinoro nt (951) 674 3124 GF nRiib„ @i ake E'SiRoro „ry The applicant may propose alternative financing mechanisms to fund the on -going operation and maintenance of the public right -of -way landscaped areas and neighborhood parks to be maintained by the Citv and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project in lieu of creating /annexing into a district. Contact the Administrative Services Director at 951- 674 -3124. (Amended by Staff prior to March 17, 2015 Planning Commission hearing.) Planning Commission Approved Page 3 of 3 City Council Approved March 17, 2015 July 14, 2015 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -037 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 14th day of July 2015, and that the same was adopted by the following vote: AYES: Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Hickman, Council Member Magee and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Virgind J. Blo ,City Clerk