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HomeMy WebLinkAbout0018_2_EOT 33725 - Exhibit A ResolutionRESOLUTION NO. 2016-____ 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. WHEREAS, Shopoff Realty Investments, representing SPT-AREP III Tuscany Associates, LLC, submitted a request for a three (3) year extension of time for Tentative Tract Map No. 33725 on December 23, 2015; and WHEREAS, the Lake Elsinore Municipal Code Section 16.24.160 requires that a land divider wishing to extend the life of a tentative tract map make a written application to the City Council not less than thirty (30) days prior to the expiration of the tentative tract map requesting an extension of time on the map; and WHEREAS, on April 26, 2016, at a duly noticed public hearing the City 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed extension of time for Tentative Tract Map No. 33725 prior to making its decision to extend the life of the map for a period of three (3) years. SECTION 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code Section 66000 et. seq.) and the City of Lake Elsinore Municipal Code Section 16.24.160, the City Council makes the following findings for the approval of an extension of time for Tentative Tract Map No. 33725: 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. Tentative Tract Map 33725 is located in the Ramsgate Specific Plan General Plan designation. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. c. Recreational amenities have been provided in a manner consistent with the General Plan. CITY COUNCIL RESOLUTION NO. 2016-___ Page 2 of 4 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. The overall density and design is consistent and compatible with the adjacent communities. 3. Effects that the Map 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. The Map is consistent with the City’s General Plan. During the approval of the General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The Map has been conditioned to annex into Community Facilities District No. 2015-1 (Safety and Law Enforcement, Fire and Paramedic Services, Mello-Roos) to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The Map has been conditioned to annex into the City of Lake Elsinore 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. 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. a. An Initial Study was prepared for the project. 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. b. When examining the project in light of the conditions of approval and mitigation measures there is no substantial evidence that the project may have a significant effect on the environment. c. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 33725 has been conditioned to comply with these mitigation measures. CITY COUNCIL RESOLUTION NO. 2016-___ Page 3 of 4 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. Tentative Tract Map No. 33725 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 Tentative Tract Map No. 33725. b. The Map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves a three (3) -year extension of time for Tentative Tract Map No. 33725, incorporating the attached revised Conditions of Approval. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this twenty-sixth day of April, 2016. Steve Manos, Mayor City of Lake Elsinore City Council ATTEST: ___________________________________ Susan M. Domen, MMC, City Clerk APPROVED AS TO FORM: ___________________________________ Barbara Leibold, City Attorney City of Lake Elsinore CITY COUNCIL RESOLUTION NO. 2016-___ Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE }SS I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-___ was adopted at a regular meeting of the City Council of the City of Lake Elsinore on the twenty-sixth day of April, 2016, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ___ Susan M. Domen, MMC, City Clerk