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HomeMy WebLinkAboutCC Reso No 2017-098 TTM No. 36577 Extension of TimeRESOLUTION NO. 2017 — 098 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A SIX -YEAR EXTENSION OF TIME TO JULY 14, 2023, FOR TENTATIVE TRACT MAP NO. 36577 Whereas, David Salene, Spectrum Communities, LLC, submitted a request for an extension of time for Tentative Tract Map (TTM) No. 36577 on May 2, 2017; 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 August 8, 2017, 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 TTM 36577 prior to making its decision to extend the life of the map for six years to July 14, 2023. 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 TTM 36577: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore (City) 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. TTM 36577 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. TTM 36577 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 Vesting Tentative Tract Map (VTTM) No. 36557. 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. TTM 36577 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 VTTM 36557. Reso. No. 2017 — 098 Page 2of3 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. TTM 36577 is for financing and conveyance purposes only. No development will occur as the result of the approval of this map. Any potentially significant environmental effect will occur with the development of the underlying subdivision map. Mitigated Negative Declaration (MND) No. 2015 -01 (SCH# 2013091083) was adopted by the Council on July 14, 2015, for the underlying VTTM 36557 and identified potentially significant environmental impacts. Mitigation measures were required to ensure that all potentially significant impacts are reduced to levels of insignificance. VTTM 36557 has been conditioned to comply with these mitigation measures. b. As part of the extension of time request, Conditions of Approval were updated to reflect the most current City requirements for development. These are standard Conditions of Approval and will not result in any modifications to the previously approved Project. No substantial changes which require major revisions to the mitigated negative declaration exist and no new information of substantial importance which require revisions to the earlier mitigated negative declaration exist. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. TTM 36577 has been designed in a manner consistent with the TSP and 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 TTM 36577. b. TTM 36577 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 Council hereby approves a six -year extension of time for TTM 36577 to July 14, 2023, incorporating the attached Conditions of Approval. Section 4: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 8th day of August, 2017. t Robert E. Magee, ayor Attest: 6f�� r Susan . Domen, MMC City Clerk Reso. No. 2017 — 098 Page 3 of 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2017 -098 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of August 8, 2017, and that the same was adopted by the following vote: AYES: Council Members Hickman, Manos and Tisdale; Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None ABSTAIN: None �4Z Susan M. Domen, MMC City Clerk CONDITIONS OF APPROVAL RESOLUTION: PROJECT: PROJECT NAME: PROJECT LOCATION: APPROVAL DATE: EXPIRATION DATE: GENERAL 2017 -098 TTM 36577 Terracina — Financing & Conveyance Map APNs: 378 - 040 -004 thru 007, 378 - 040 -012, 389 - 180 -001, 002, and 389 - 190 -002 July 14, 2015 July 14. 2023 Tentative Tract Map No. 36577 is a subdivision of 150.8 acres into six 6 lots ranging in size from 15.20 acres to 47.8 acres for Financing and Conveyance purposes only Project). No grading permits, building permits, or other development will be allowed with this approval. The Project is located southwesterly of Interstate 15 on the northern side of existing Lakeshore Drive between Dryden Street and Terra Cotta Road (APNs: 378 -040- 004 thru 007 378 -040 -012 389 -180 -001 002 and 389-190-002). The applicant shall defend with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials Officers Employees, and Agents 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 Tract Map No. 36577 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 attorneys' fees _penalties and other costs liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim action or proceeding against the Cit . if the project 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 roiect approval, the applicant shall sin and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. Tentative Tract Map No. 36577 will expire on July 14 2023 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). Applicant's Initials: Page 1 of 5 TTM 36577 Conditions of Approval PLANNING DIVISION City Council: August 8, 2017 C T G - 2'• L new" U =11 • �.. O _ Nil WON, WWI i M ^. C a 7. Vesting 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.) 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 VeStiRg 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 10. The processing of this map shall conform to the requirements of the Subdivision Map Act. 11. This six (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. 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. 12. Each parcel shall have access to public right -of -way. 13. 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. 14. The developer shall be responsible for acquiring right -of -ways in which the developer or the City has no legal title or interest. Applicant's Initials: Page 2 of 5 TTM 36577 Conditions of Approval DEPARTMENT OF ADMINISTRATIVE SERVICES City Council: August 8, 2017 Annex into CFD 2015 -1 (Safety) Law Enforcement. Fire and Paramedic Services CFD 15. Prior to approval of the Final Map, Parcel Map, Residential Design Review, or Conditional Use Permit as applicable), the applicant shall annex into 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 aerations and maintenance issues in the City. Alternative[ the applican t may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the promect with respect to Public Safety services. Applicant shall make a seven thousand five hundred_ dollar ($7,500) non - refundable deposit to cover the cost of the annexation formation or other mitigation process, as applicable. - - - .s- s ■ r WIN ■ C _ �a a • - ■_ r:+ Mr ca- - - - + - ■ 0 - a Annex into the City of Lake Elsinore Community Facilities District No. 2015 -2 Maintenance Services 16. Prior to approval of the Final Map, Parcel Map, Residential Design Review, Conditional Use Permit or building permit as applicable) the applicant shall annex into the 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 includin 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. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a seven thousand five hundred dollar ($7,500) non - refundable d f osit to cover the cost of the annexation formation or other mitigation process, as applicable. ec ■_ e■ c ■ - Applicant's Initials: Page 3 of 5 TTM 36577 Conditions of Approval City Council: August 8, 2017 ma nt- aine"y- the-Gity an -- fGr-stre"gt#t- - Rohe- p-ubl+G- rig"- afw Nlh(,rh #ire City�nr pay,- €eF e !eet,;eity-,ardamainfenaree -#ee -try ra�Gayt{fert�ia- �i�en i a li „ng i"'-"Yt�ve ya�'r�ij pen- -spa n- -- i st'i'i --d rr-'ern"'�s GG+istr�i� thin +h° -�a rd i - m�e�FCS r�n�n�r�r'rent a'Ftt� feder- a4-NRDES Feg64 eats to Gftet -the- annual- negative- f�seal--impacts- aftbe -pr- fleet. A-ppil nt-s hall- i'iiake.-a.-sev4& -housartd fives hi,nrlrc ilar ($7,500)-n n --ref Ohl© esA to - er the st-af# hear -Fnation-or- annex- ation -- process, as-- applirable:- �ntast-David lBjlbyy;- Pnanoe- ManageF, City of Lake Elsinore tom) 674 3124 or DBqlby@L ake Eir7{ r° nor�e-.or-g— .4he-appkGant -n,nt, propose alternative ff g meGhan Ems W f 'Rd the nn_ goi4-ig- -epef4en--and-44- ,anaee --of- the -- public- -gight-o -f- way- land- sGapeck- areas -and neijhb- Gr- hGod�- ��paFk- te- -be4rnai- ntained-by-t e City and f,�, eflig4ts e P61bli . righ+_ef Y l�f�r fir maltthe Gity--�Y- 401: — %r° Gity and a m�irs +�rz�nrn free +r> cr}i ifhnrn f liirze r €dl sent- insl +ding-parkways- epen�paGe-a -n"L4b is-- st- of+"rains Gcrost ted-- within -the development -and.. federal- NRDEr- equmFeFr. to offset thea�anLA ^ative- fis oal st-s of-the esti4a liar -cf r-eati ,Rgl annexing. into- adistric t- Contactthe- Administi-.ative�ervires i ^ :? h F � 9director- at��l -6-7 24 . -(A n e ��ta #�r �arming Commis ion - hearing:) Applicant's Initials: Page 4 of 5 TTM 36577 Conditions of Approval City Council: August 8, 2017 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 I also acknowledge that all Conditions shall be met as indicated. Date: Applicant's Signature: Print Name: Address: Phone Number: Applicant's Initials: Page 5 of 5