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HomeMy WebLinkAboutCC Reso No 2016-148 TTM 36632 ExtensionRESOLUTION NO. 2016 -148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A SIX -YEAR EXTENSION OF TIME TO OCTOBER 14, 2022, FOR TENTATIVE PARCEL MAP NO. 36632 Whereas, Eric Lunde, of Pacific Coves Investments, LLC, submitted a request for an extension of time for Tentative Parcel Map (TPM) No. 36632 on September 2, 2016; and, Whereas, the Lake Elsinore Municipal Code (LEMC) Section 16.24.160 requires that a land divider wishing to extend the life of a tentative map make a written application to the City Council (Council) not less than 30 days prior to the expiration of the tentative map requesting an extension of time on the map; and, Whereas, on December 13, 2016, at a duly noticed Public Hearing the Council has considered the recommendation of City staff 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has reviewed and analyzed the proposed extension of time for TPM 36632 prior to making its decision to extend the life of the map for six years to October 14, 2022. Section 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code Section 66000 et. seq.) and the LEMC Section 16.24.160, the Council makes the following findings for the approval of an extension of time for TPM 36632: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore 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). a. TPM 36632 is 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. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. TPM 36632 is for financing and conveyance purposes only. No development will be permitted as a result of approval of this map. Consistency with the General Plan density was determined with the approval of the underlying Tentative Tract Map (TTM) No. 31593. 3. The effects that the Project are 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. a. TPM 36632 is for financing and conveyance purposes only. No development will be permitted as a result of approval of this. map. Public service requirements for residents and the available fiscal and environmental resources have been considered and balanced as part of the review of the underlying TTM 31593. 4. Subject to the attached Conditions of Approval, the proposed division of land or type of improvements is not likely to result in any significant environmental impacts. Reso. No. 2016 -148 Page 2 of 2 a. TPM 36632 is for financing and conveyance purposes only. No development will occur as the result of the approval of this map. Any potentially significant environmental effects will occur with the development of the underlying subdivision map. An Initial Study was prepared for the underlying TTM 31593. The Initial Study identified potentially significant environmental effects but proposals made or agreed to by the applicant avoid the effects or mitigate the effects to a point where no significant effects would occur. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. TPM 36632 has been designed in a manner consistent with the General Plan and does not divide previously established communities. 6. The design of the proposed division of land or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or request for access have been incorporated into the design of TPM 36632. b. The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the map. Section 3. Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby approves a six -year extension of time for TPM 36632 to October 14, 2022, incorporating the attached Conditions of Approval. Section 4. This Resolution shall take effect immediately upon its adoption. Passed and Adopted this 13th day of December, 2016. Brian Tisdale, Mayor ATTEST: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) J " I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016 -148 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of December 13, 2016, and that the same was adopted by the following vote: AYES:. Council Members Hickman, Johnson, Manos; NOES: None ABSENT: None ABSTAIN: None Mayor Pro Tern Magee and Mayor Tisdale Susan M. Domen, MMC City Clerk CONDITIONS OF APPROVAL RESOLUTION: PROJECT: PROJECT NAME: PROJECT LOCATION: APPROVAL DATE: EXPIRATION DATE: GENERAL 2016 -XX TPM 36632 Southshore — Financing & Conveyance Map APNs: 347 - 250 -006, 007, 008, 347 - 350 -003, 018; 347- 360 -004 thru 010, and 013 October 14, 2014 October 14, 2022 1, Tentative Parcel Map No. 36632 is a subdivision of approximately 227 -acre land into six 6 parcels ranging in size from 20.73 acres to 73.07 acres for Financing and Conveyance purposes only (Project) No development is allowed with this map. The Project is located southerly of Rosetta Canyon Road and easterly of 1 -15 Freeway and Camino Del Norte APNs: 347- 250 -006 007 008 347- 350 -003 018 347- 360 -004 thru 010 and 013 ). 2. The applicant shall defend with counsel acceptable to the City), indemni!Y, and hold harmless the City, its Officials Officers Employees, and Accents from any claim, action, or proceeding against the City, its Officials Officers Employees or Agents to attack set aside void or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning the _proposed project attached hereto. The applicant shall defend with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials Officers, Employees Agents, and its Consultants (Indemnitees) from any claim action or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 36632 including the approval, extension or modification of or any of the proceedings, acts or determinations taken done or made prior to the decision or to determine the reasonableness legality or validity of any condition attached thereto. The applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit claim or litigation, including without limitation attorne s' fees penalties and other costs liabilities and expenses incurred by Indemnitees in connection with such vroceeding, The City will promptly notify the applicant of any such claim action or proceeding against the City, If the proiect is challenged in court the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Communit Development Department-for inclusion in the case records. Tentative Parcel Map No. 36632 will expire on October 14, 2022 unless within that period of time a Final Map has been filed with the County Recorder in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC). Applicants Initials: Page 1 of 3 TPM 36632 Conditions of Approval PLANNING DIVISION City Council: December 13, 2016 5. T-he +'xropos d prejecF-(T-P-M-3 2) it a request to subdivide 22. S ipte six (6) nnrGel orfr ff the r- pGsU,�f- of and GeRyeyan,�, only -N de elan v eiII R1�_ Cn�l'CYYGCb- T • 9 0 - - i A . O ■ Q ■ i . w t: 7. Tentative Parcel Map No. 36632 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements for the LEMC, Title 16 unless modified by approved Conditions of Approval. 8. 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. 9. All future development within the Tentative Parcel Map 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. ENGINEERING DIVISION 10. 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. The development of each Parcel shall be subject for specific review and conditions of approval. Specific conditions of approval related to traffic circulation, grading, drainage, right -of -way dedications, mitigation fees, and other related engineering requirements and /or mitigations shall be required when the property is subdivided or at time of development. 11. Each parcel shall have legal access to public right -of -way. (Amended by the Planning Commission at its September 2, 2014 hearing.) 12. The applicant shall dedfsate offer for dedication Elsinore Hills Drive Road and Lots Streets 'C', 'K' and IM' for roadway right -of -way. The width of Elsinore Hills Drive Road shall be 90 feet and the width of LGts Streets 'C', W and IM' shall be 60 feet. All streets are to be dedicated as lettered lots. (Amended by the Planning Commission at its September 2, 2014 hearing and by the City of Lake Elsinore Engineering Division on October 8, 2014). 13. Parcel Map 35336 shall record prior or concurrently with Parcel Map 36632. If recording of Parcel Map 36632 is desired first, ElSiRere Hills Read as oaFGel Map 35336 shall I---e -L 11"� ��11 �'ted to the City in fee title .1nf. �xlr�ay, iinnludin1n offs t-e p/1Q1f1P1 [�. T,PIL] rtell ©InncaP `I p�p�6t+ /\Ptq ryl6 fnr •Snf'[I II P4nfY right {'- nS- 1111rJ1fL �yF1 SA lYfY/ dev+ekoper or the legal Ltii- be interest. then a permanent legal access for Elsinore Hills Road shall be provided as approved by the City Engineer. (Amended by the Applicants Initials: Page 2 of 3 TPM 36632 Conditions of Approval City Council: December 13, 2016 Planning Commission at its September 2, 2014 hearing.) 14. The processing of this map shall conform to the requirements of the Subdivision Map Act. I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on December 13, 2016. 1 also acknowledge that all Conditions shall be met as indicated. Date: Applicant's Signature: Print Name: Address: Phone Number: Applicants Initials: Page 3 of 3