HomeMy WebLinkAboutID# 15-669 Resolution 2015-064 Residential Refusal FessCITY OP
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REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: GRANT M. YATES
CITY MANAGER
DATE: JULY 143 2015
SUBJECT: Resolution to Approve Placing Delinquent Residential
Refuse Fees on FY 2015 -2016 Property Tax Roll
Recommendation
Staff recommends that the City Council approve Resolution No. and direct the City
Clerk to file with the Riverside County Auditor a certified copy of Resolution No.
along with the 120 -days past due accounts report.
Background:
On June 9, 1992, CR &R, Inc. was awarded an exclusive franchise agreement to provide
solid waste collection and recycling services. Due to uncollectible accounts resulting
from non - payment from property owners and renters, City Council approved collections
via the tax rolls. These collections are for those accounts whose payments are
delinquent a minimum of 120 -days. These costs are to include the delinquent charges,
the appropriate late payments, processing fees and the trash collection and recycling
fees for the following year. Exhibit 'A' is a summary of charges related to the delinquent
trash accounts.
Discussion:
As of July 01, 2015, there are 727 delinquent accounts totaling $125,695.94. Every
opportunity will be given to collect delinquent accounts until the tax roll must be filed
with the county. Due to these delinquent accounts and CR &R's past actions to collect
for services rendered, CR &R has provided a list of accounts to be placed on the tax roll
for collection.
Refuse Charges on Tax Roll
July 14, 2015
Page 2
FISCAL IMPACT:
There is no fiscal impact to the City's general fund in filing this report.
Prepared by: Nicole McCalmont
Sr. Engineering Technician
Jim Smith
Interim Director of Public Works
Approved by: Grant M. Yates
City Manager
Attachment: Resolution
Exhibit'A' — A Summary of Charges
Page 1 of 2
County Fund No. 66 -2370
RESOLUTION NO. 2015-
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA AFFIRMING THE REPORT OF DELINQUENT
RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION
ON THE PROPERTY TAX ROLLS
WHEREAS, a written report of residential refuse collection fees delinquent as of
July 1, 2015 has been prepared and filed with the City Clerk as set out in the Lake
Elsinore Municipal Code and the Health and Safety Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The report of residential refuse collection fees delinquent as of July
15 2015 attached to and incorporated herewith in this resolution hereby is confirmed.
The City Clerk is directed to file a certified copy of this resolution and of the report with
the County Auditor. The County Auditor is designated and empowered to perform the
duties as necessary.
SECTION 2. The fees set forth in the report shall constitute a special
assessment against the respective parcels on which they are levied and are a lien
against such property. The assessment shall be collected at the same time and subject
to the same procedures provided such taxes. All laws applicable to the levy, collection
and enforcement of ad valorem property taxes shall be applicable to such assessments,
except that if any real property to which such fees or changes relate has been
transferred or conveyed to a bona fide encumbrance for value has been created and
attached thereon, prior to the date on which the first installment of such taxes would
become delinquent, then a lien which would otherwise be imposed shall not attach to
such real property and the fees or charges or interest shall be transferred to the
unsecured roll for collection.
SECTION 3. The City shall remit the fees collected to the franchised solid waste
collector within 15 -days after receipt thereof.
SECTION 4. That portion of the principal, interest and other costs related to the
delinquent trash accounts to be placed on the County Tax Rolls and be collected by the
Riverside County Tax Collector, as provided for in Exhibit "A" (a summary of fixed
charges).
CC Resolution No. 2013 -
Page 2 of 2
SECTION 5. That the properties to be assessed and the related amounts are
submitted on magnetic tape as requested by the Riverside County Tax Collector, further
identified as County Fund No. 68 -2370.
SECTION 6. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 14"' day of July, 2015,
ATTEST:
Virginia Bloom, City Clerk
City of Lake Elsinore
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
City of Lake Elsinore
Steve Manos, Mayor
City of Lake Elsinore
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA ADOPTING THE TERRACINA SPECIFIC
PLAN (SP NO. 2012 -01) AND ADOPTING ZONE CHANGE NO. 2012 -05
WHEREAS, an application has been filed with the City of Lake Elsinore by
Spectrum Communities (the "Developer ") requesting approval of the Terracina Specific
Plan No. 2012 -01 and its related cases ( "Project ") relating to properties 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) ( "the Properties "); and
WHEREAS, Spectrum Communities has also filed an application with the City of
Lake Elsinore to change the zoning of the City's Official Zoning Map ( "Zone Change ")
for properties located adjacent to Lakeshore Drive, between Terra Cotta Road and
Dryden Street, and extending to Hoff Avenue; said Zone Change requesting to change
the zoning on the subject property (APN 378- 040 -004 through 007, 378 - 040 -012, 389-
180 -001 and 002, and 389 - 190 -002) ( "the Properties ") from R -1 (Single - Family
Residential District) SP (Specific Plan); and
WHEREAS, the proposed Specific Plan with its maximum of 448 dwelling units is
consistent with the subject property's adopted Low Density Residential ( "LDR ") and
Low - Medium Density Residential ( "LMR ") General Plan Land Use Designations which
would allow a maximum of 824 dwelling units.
WHEREAS, the Specific Plan and Zone Change conform to and are consistent
with the proposed General Plan Amendment No. 2012 -03 that accompany them for the
Properties; 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
CITY COUNCIL ORDINANCE NO. 2015 -
PAGE 2 OF 5
Declaration was made available for public review and comment for thirty days beginning
on October 16, 2014 and ending on November 17, 2014.
WHEREAS, the Planning Commission has been delegated with the responsibility
of making recommendations to the City Council pertaining to proposed Specific Plans,
General Amendments, Zone Changes, and 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 -08 recommending
that the City Council approve Terracina Specific Plan No. 2012 -01 and Zone Change
No. 2012 -05 by ordinance, and
WHEREAS, pursuant to Section 17.188.050 and Section 17.204.130 of the Lake
Elsinore Municipal Code, the City Council has the authority to approve, modify or
conditions, or deny zone changes, specific plans and ; and
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
Terracina Specific Plan No. 2012 -01 and Zone Change No. 2012 -05 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 Terracina Specific Plan No.
2012 -01 and Zone Change No. 2012 -05 are 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 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 Terracina Specific Plan No. 2012 -01 and Zone Change No. 2012 -05.
SECTION 3. That in accordance with the State Planning and Zoning Law and
Chapter 17.204 (SPD Specific Plan District) of the Lake Elsinore Municipal Code, the
CITY COUNCIL ORDINANCE NO. 2015 -
PAGE 3 OF 5
City Council hereby makes the following findings for the approval of the Terracina
Specific Plan No. 2012 -01 and Zone Change No. 2012 -05:
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.
The land uses and densities associated with the Terracina Specific Plan
provide a variety of lot and home size product type in order to implement the
objectives of the City's General Plan and the project proponents. It also
includes a land use change from the existing General Plan designations of Low
Density Residential and Low - Medium Density Residential for the 151 -acre site.
Using these designations, the City's General Plan allows a maximum of 824
dwelling units. The proposed project allows a maximum of 452 homes.
2. The proposed Specific Plan and Zone Change will permit reasonable
development of the area consistent with its constraints and will make the area
more compatible with adjacent properties.
The proposed Terracina Specific Plan and SP zoning will allow for the
development of the Terracina Specific Plan, a master planned development
with approximately 765 acres of single- family residential development (452
dwelling units), 22 acres of open space, 22.5 acres of roadways, 4.2 acres of
park (5.1 gross acres), and 28.2 acres of graded slopes and basins.
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.
A Traffic Impact Analysis dated January 29, 2014, was prepared by Kunzman
Associates, Inc. for the Terracina Specific Plan and its related cases. The
Traffic Impact Analysis provided mitigation measures through all phases of
development of the specific plan. Additionally the Terracina Specific Plan has
been conditioned to extend Terra Cotta Road from the project boundary to
Nichols Road; thereby affording it the opportunity to take access from two main
roadways (Lakeshore and Nichols Road), as well as providing additional paved
access to existing residential development in proximity to the project site.
4. The overall design of the specific plan will produce an attractive, efficient and
stable development.
Design standards and guidelines have been incorporated into the specific plan
to ensure an attractive, efficient and vibrant project. Visual graphics and photos
accompany the design guidelines that capture the atmosphere and
cohesiveness that the specific plan seeks to emulate.
CITY COUNCIL ORDINANCE NO. 2015 -
PAGE 4 OF 5
5. The proposed Specific Plan and Zone Change will not be a) detrimental to the
health, safety, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the City, or b)
injurious to the property or improvements in the neighborhood or within the City.
The proposed Zone Change has been analyzed relative to its potential to have
detrimental effects and conditions have been imposed on the subject project to
ensure that the health, safety and welfare of surrounding residents will be
protected.
6. The proposed development will not have a significant effect on the
environment.
The effects of the project has been analyzed in the Mitigated Negative
Declaration /Initial Study (SCH #2013091083) prepared for the Terracina
Specific Plan and its related cases, and adequate mitigation measures have
been prepared where necessary.
SECTION 4. Based upon the evidence presented, both written and testimonial,
and the above findings, and the attached conditions of approval, the City Council hereby
adopts Terracina Specific Plan No. 2012 -01 and Zone Change No. 2012 -05 by
ordinance.
SECTION 5. This Ordinance shall take effect from and after the date of its
passage and adoption.
APPROVED AND INTRODUCED at a regular meeting of the City Council of the
City of Lake Elsinore, California, on the 14th day of July 2015; and Adopted at the
regular City Council meeting of , 2015.
Steve Manos, Mayor
City Council of the City of Lake Elsinore
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
CITY COUNCIL ORDINANCE NO, 2015 -
PAGE 5 OF 5
Barbara Leibold, City Attorney
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE } SS
CITY OF LAKE ELSINORE JJJ
I, VIRGINIA J. BLOOM, City Clerk of the City of Lake Elsinore, California, hereby
certify that Ordinance No. 2015 - was introduced at the regular City Council meeting
of July 14, 2015, and adopted at the regular meeting of , 2015, by the following
roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Virginia J. Bloom, City Clerk
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT NO. 2012 -03
WHEREAS, Spectrum Communities has filed an application with the City of Lake
Elsinore to amend the City's General Plan Land Use designations ( "General Plan
Amendment ") for properties located adjacent to Lakeshore Drive, between Terra Cotta
Road and Dryden Street, and extending to Hoff Avenue; said General Plan Amendment
requesting an amendment of the land use designation on Assessor's Parcel Numbers
378- 040 -004 and 005, 389- 180 -001 and 002, and 389 - 190 -002 from Low- Medium
Density Residential (LMR) to Specific Plan (SP) and on Assessor's Parcel Numbers
378 - 040 -006, 007 and 012 from Low Density Residential (LR) to Specific Plan (SP)
( "the Properties "); and
WHEREAS, Government Code Section 65358 empowers the legislative body to
amend all or part of an adopted general plan if to do so would be in the public interest
and so long as no mandatory element of the general plan is amended more frequently
than four times during any calendar year; and
WHEREAS, General Plan Amendment No. 2012 -03 (the "project ") is part of the
City's First (11t) Cycle amendments to the Lake Elsinore General Plan's Land Use
Element for the 2015 calendar year; and
WHEREAS, the Planning Commission has been delegated with the responsibility
of making recommendations to the City Council pertaining to proposed General
Amendments; 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 -09 recommending
City Council approval of General Plan Amendment No. 2012 -03; and
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 General
Plan Amendment pursuant to the California Planning and Zoning Laws (Cal. Gov. Code
§§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal
Code and finds and determines that the proposed General Plan Amendment is
CITY COUNCIL RESOLUTION NO. 2015 -
PAGE 2 of 4
consistent with the requirements of California Planning and Zoning Law and with the
goals and policies of the Lake Elsinore General 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 General Plan Amendment No. 2012 -03.
SECTION 3. That in accordance with the California Planning and Zoning Law
and the Lake Elsinore Municipal Code, the City Council hereby makes the following
findings for the approval of General Plan Amendment No. 2012 -03:
1. The proposed General Plan Amendment will not be a) detrimental to the
health, safety, comfort or general welfare of the persons residing or
working within the neighborhood of the proposed amendment or within the
City, or b) injurious to the property or improvements in the neighborhood
or within the City.
a. The proposed General Plan Amendment has been analyzed
relative to its potential to have detrimental effects and conditions
have been imposed on the subject project to ensure that the health,
safety and welfare of surrounding residents will be protected.
b. The application to include the Specific Plan designation on the
properties adjacent to Lakeshore Drive, between Terra Cotta Road
and Dryden Street and extending to Hoff Avenue, reflects the
Terracina Specific Plan which has been conditioned to extend Terra
Cotta Road and Pierce Street from the project boundary to Nichols
Road; thereby affording it the opportunity to take access from two
main roadways (Lakeshore and Nichols Road), as well as providing
additional paved access to existing residential development in
proximity to the project site.
2. The proposed General Plan Amendment will permit reasonable
development of the area consistent with its constraints.
The proposed SP designation will allow for the development of the
Terracina Specific Plan, a master planned development with
approximately 76.5 acres of single- family residential development (452
dwelling units), 22 acres of open space, 22.5 acres of roadways, 4.2 acres
of park (5.1 gross acres), and 28.2 acres of graded slopes and basins.
CITY COUNCIL RESOLUTION NO. 2015 -
PAGE 3 of 4
3. The proposed General Plan Amendment would establish a land use
density, intensity and usage more in character with the subject property's
location, access, and constraints.
The land uses and densities associated with the Terracina Specific Plan
provide a variety of lot and home size product type in order to implement
the objectives of the City's General Plan and the project proponents. It
also includes a land use change from the existing General Plan
designations of Low Density Residential and Low - Medium Density
Residential for the 151 -acre site. Using these designations, the City's
General Plan allows a maximum of 824 dwelling units. The proposed
project allows a maximum of 452 homes.
4. The proposed General Plan Amendment will not have a significant effect
on the environment.
The effects of the General Plan Amendment has been analyzed in the
Mitigated Negative Declaration /Initial Study (SCH #2013091083) prepared
for the Terracina Specific Plan and its related cases, and adequate
mitigation measures have been prepared where necessary.
SECTION 4. Based upon the evidence presented, both written and testimonial,
and the above findings, the City Council hereby approves General Plan Amendment No.
2012 -03,
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 14th day of July 2015, by the
following vote:
Steve Manos, Mayor
City Council of the City of Lake Elsinore
ATTEST:
Virginia J. Bloom, City Clerk
CITY COUNCIL RESOLUTION NO. 2015 -_
PAGE 4 of 4
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
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. 2015 -
was adopted by
the City Council of the City
of Lake
Elsinore at a regular meeting held on the 14th day of
July, 2015, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Virginia J. Bloom, City Clerk
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE APPROVING VESTING TENTATIVE TRACT MAP NO.
36557 SUBDIVIDING 150.8 ACRES
WHEREAS, Spectrum Communities filed an application for Vesting Tentative
Tract Map No. 36557 (the "project ") with the City of Lake Elsinore for a residential
subdivision of 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); and
WHEREAS, Vesting Tentative Tract Map No. 36557 proposes to subdivide 150.8
acres located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden
Street, and extending to Hoff Avenue, into 452 single - family residential lots, one 5.1
acre gross (4.2 acre net) park site, seven landscape lots, four open space lots, one
sewer lift station lot and three Water Quality Management Plan (WQMP) and drainage
basin lots; and
WHEREAS, Spectrum Communities has also filed applications with the City of
Lake Elsinore requesting approval of related applications for the Terracina Specific Plan
(SP No. 2012 -01), General Plan Amendment No. 2012 -03, and Zone Change No. 2012-
05; 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
CITY COUNCIL RESOLUTION NO. 2015 - _
PAGE 2 OF 5
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 -10 recommending
that the City Council approve Vesting Tentative Tract Map No. 36557; 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
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
sec.), the Lake Elsinore General Plan and proposed General Plan Amendment, and the
Lake Elsinore Municipal Code and finds and determines that the proposed Vesting
Tentative Tract No. 36557 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 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 Vesting Tentative Tract No. 36557.
SECTION 3. That in accordance with the California Planning and Zoning Laws
and the City of Lake Elsinore Municipal Code, the City Council makes the following
findings for Vesting Tentative Tract No. 36557:
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).
CITY COUNCIL RESOLUTION NO. 2015 -
PAGE 3 OF 5
a. The design of the proposed map, approximately 76.5 acres of
residential (452 dwelling units), 22 acres of open space, 22.5 acres of
roadways, 4.2 acres of park (5.1 gross acres), and 28.2 acres of
graded slopes and basins, is consistent with the proposed Terracina
Specific Plan, and proposed General Plan Amendment.
b. The land uses and densities associated with the Terracina Specific
Plan provide a variety of lot and home size product type in order to
implement the objectives of the City's General Plan and the project
proponents. It also includes a land use change from the existing
General Plan designations of Low Density Residential and Low -
Medium Density Residential for the 151 -acre site. Using these
designations, the City's General Plan allows a maximum of 824
dwelling units. The proposed project allows a maximum of 452 homes.
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 Vested Tract Map is consistent with the proposed Terracina Specific
Plan land use plan, development and design standards, and programs,
and all other appropriate requirements contained in the General Plan.
Vested Tentative Tract Map No. 36557 is consistent with Housing Element
Policy 3.1 to "Use the City's General Plan, Municipal Code, other land use
and development plans, and the development process to provide housing
sites that meet the identified local need."
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. 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, both written and testimonial,
and the above findings, and the attached conditions of approval, the City Council hereby
approves Vesting Tentative Tract No. 36557.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
CITY COUNCIL RESOLUTION NO. 2015 - _
PAGE 4 OF 5
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on the 14th day of July, 2015.
Steve Manos, Mayor
City Council of the City of Lake Elsinore
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
CITY COUNCIL RESOLUTION NO. 2015 - _
PAGE 5 OF 5
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. 2015 -_ was adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 14th day of July, 2015, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Virginia J. Bloom, City Clerk
RESOLUTION NO. 2015-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE 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 - _
PAGE 2 OF 4
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
sec.), 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 -_
PAGE 3 OF 4
SECTION 4. 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 City Council
of the City of Lake Elsinore, California, on the 14th day of July, 2015,
Steve Manos, Mayor
City Council of the City of Lake Elsinore
ATTEST:
Virginia J. Bloom, City Clerk
APPROVED AS TO FORM:
Barbara Leibold, City Attorney
CITY COUNCIL RESOLUTION NO. 2015 -
PAGE 4 OF 4
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. 2015 -_
was adopted by
the City Council of the City
of Lake
Elsinore at a regular meeting held on the 14th day of
July, 2015, by the following
vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Virginia J. Bloom, City Clerk