HomeMy WebLinkAbout0018_1_EOT 33725 - SR
CITY OF LAKE ELSINORE
REPORT TO THE CITY COUNCIL
TO: Honorable Mayor and City Council Members
FROM: Grant Yates, City Manager
DATE: April 26, 2016
SUBJECT: Extension of Time for Tentative Tract Map No. 33725 A request
for approval of a three (3) year extension of time for Tentative Tract
Map No. 33725, a subdivision of 52.7 acres into 221 single family
residential lots, located in the Ramsgate Specific Plan, south of Little
Valley Road, north of Scenic Crest Drive, west of Greenwald Avenue
and east of Grassy Meadow Drive (APNs:349-240-006, -043 thru -
047, -054 thru -056, 349-380-024 and -025); (Applicant: SPT-AREP
III Tuscany Associates LLC, c/o Shopoff Realty Investments)
Recommendation
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR THREE (3) YEARS FOR
TENTATIVE TRACT MAP NO. 33725.
Background
On September 26, 2006, the City Council approved Mitigated Negative Declaration No.
2006-04, General Plan Amendment No. 2006-05, Pre-Annexation Zone Change No.
2006-05, Zone Change No. 2006-07, Ramsgate Specific Plan No. 89-1 Fifth Revision,
Annexation No. 76, and Tentative Tract Map No. 33725 (TTM 33725). These actions
entitled the subdivision of 52.7 vacant acres into 221 single family residential lots.
Between July 2008 and July 2013, the California Legislature adopted Senate Bill 1185,
Assembly Bills 333, 208 and 116, all automatically extending the life of this map for an
additional seven (7) years. Pursuant to Section 16.24.160 of the Lake Elsinore Municipal
Code (LEMC), the applicant has one or more extensions of time totaling a maximum of
36 months available to him before the map expires. Pursuant to the Subdivision Map Act,
Government Code Section 66452.6(e), the time at which the map expires may be
extended by the legislative body for a period not exceeding a total of six (6) years.
Based upon the original approval and the subsequent automatic time extensions, TTM
33725 was due to expire on September 26, 2015. However, the Conditions of Approval
for TTM 33725 included a condition tying the map to the life of the Development
Agreement for the Ramsgate Specific Plan and its accompanying Operating
Memorandums of Understanding, which do not expire until 2022. Furthermore, another
Condition of Approval states that Annexation No. 76 shall be completed in order for the
City to have regulatory jurisdiction. The City formally adopted Annexation No. 76 on
February 22, 2007 after Local Agency Formation Commission approval.
Discussion
On December 23, 2015, the applicant applied for an Extension of Time for TTM 33725.
Because of the confusing expiration dates noted above, Staff accepted the application
with the intent of revising the Conditions of Approval, updating regulations put into effect
during the past nine (9) years, and providing a clear and specific expiration date.
Review and Revised Conditions of Approval
City Departments reviewed the Map and its design, and found it acceptable in terms of
access and circulation, and the provision of neighborhood recreational opportunities
provided in two pocket parks. Community Services has proposed conditions of approval
enabling City Staff to review and approve the design of the parks prior to grading permit.
Determinations by the City Attorney’s Office
The City Attorney’s Office reviewed the previous Conditions of Approval and determined
that the condition tying the Map to the Ramsgate Development Agreement was
unenforceable. The CAO further opined that the length of the extension was discretionary.
Staff recommends that the three (3) years requested on the application for extension is
an appropriate length of time that affords the applicant adequate opportunity to move
forward, while protecting the interests of the City and future development regulations. The
applicant retains his ability to file another extension of time request should it be necessary.
Lastly, in accordance with the Subdivision Map Act, Government Code Section 66454,
the expiration date is tied to the approval of the Map, and not the effective date of the
annexation.
Environmental Determination
Mitigated Negative Declaration No. 2006-04 (MND 2006-04) was prepared in
conformance with the California Environmental Quality Act (CEQA) as amended (Public
Resources Code, Section 21000 et.seq.); the State Guidelines for Implementation of
CEQA as amended (California Code of Regulations, Title 14, Chapter 3, Section 15000,
et.seq.); applicable requirements of the City of Lake Elsinore; and the regulations,
requirements and procedures of any other responsible public agency or agency with
jurisdiction by law. Staff has determined that MND 2006-04, for the original approval of
TTM 33725, remains the appropriate document because revisions to the Conditions of
Approval proposed for the extension of the Map improve and further define mitigation
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measures. The addition of storm water management conditions represent the most
current pollution prevention measures. Lastly, the environmental framework at the project
site are unchanged and do not warrant further environmental review.
Fiscal Impact
The time and costs related to processing this extension of time request have been borne
by the Developer Deposit paid by the applicant. No General Fund budgets have been
allocated or used in the processing of this application.
The approval of the extension of time does not fiscally impact the City’s General Fund.
Mitigation Measures to protect the City fiscally have been included in the revised
Conditions of Approval.
Prepared by: Carole K. Donahoe, AICP
Planning Consultant
Reviewed by: Justin Kirk
Principal Planner
Reviewed by: Grant Taylor
Community Development Director
Approved by: Grant Yates
City Manager
Exhibits:
A. Extension of Time for TTM 33725 Resolution
B. Conditions of Approval
C. Acknowledgement of Conditions
D. Vicinity Map
E. Aerial Map
F. TTM 33725
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