HomeMy WebLinkAboutOrd. No. 2019-1417 DA Tentative Tract Map 32129, Commonly Known as Rosetta View EstatesORDINANCE NO. 2019-1417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVING A DEVELOPMENT AGREEMENT FOR TENTATIVE TRACT MAP
32129, COMMONLY KNOWN AS ROSETTA VIEW ESTATES
Whereas, Ed Sauls, on behalf of the Sauls Company (the "Applicant"), has requested approval
of Development Agreement 2019-02 for Tentative Tract Map 32129, commonly known as
Rosetta View Estates, consisting of 27 single family residential lots, 6 open space lots, and a
water quality basin (the "Project). The Project is located approximately two miles northeast of
the Interstate 15/State Highway 74 (Central Avenue) interchange, at the southern end of Trellis
Lane, south of Sharon Street (Assessor Parcel Numbers 347-110-021 and 347-581-008); and,
Whereas, pursuant to LEMC Chapter 19.12 (Development Agreements) the Planning
Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing
and making a recommendation to the City Council whether the development agreement is
consistent with the City's General Plan and whether to approve the development agreement;
and
Whereas, on October 1, 2019, at a duly noticed public hearing, the Planning Commission has
considered evidence presented by the Community Development Department and other
interested parties with respect to this item; and,
Whereas, on October 8, 2019, at a duly noticed public hearing, the City Council has considered
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 ORDAIN, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The environmental documentation prepared and adopted/approved by the City, as
lead agency, for TTM No. 32129 pursuant to CEQA adequately addresses the potential
environmental impacts under this Agreement. In particular, there are no substantial changes to
the Property or the circumstances under which the Property is to be regulated and developed
under this Agreement when viewed against the Existing Land Use Regulations, and there is no
new information of substantial importance which would require preparation of another CEQA
document pursuant to CEQA Guidelines Section 15162. The vesting of the Existing Land Use
Regulations, including the General Plan and Zoning through this Agreement is exempt from the
requirements of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because there is no
possibility that this Agreement will have any significant direct, indirect, or cumulative
environmental impacts apart from or beyond those already analyzed, addressed, and mitigated
as stated in the environmental documentation prepared and adopted/approved for TTM No.
32129 pursuant to CEQA.
Section 2. Based upon the City Council's review of the Development Agreement and the main
terms and conditions thereof, including the vesting of City rules, regulations and official policies,
the staff report and the testimony received at the public hearing, the City Council makes the
following findings and determinations for approval of the Development Agreement No. 2016-01:
1. It is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan;
Ord. No. 2019-1417
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The proposed development agreement will assist in the development of TTM 32129. TTM 32129
is located in the Low Medium Density Residential (LMDR) General Plan Land use designation
of the General Plan. The LMDR designation provides for single-family detached residences with
densities ranging between 1 and 6 dwelling units per net acre. TTM 32129 is a subdivision of
approximately 10 acres into 27 single family residential lots, 6 lettered lots, and a water quality
basin. TTM 32129 will have 2.7 dwelling units per acre and is therefore consistent with the
General Plan.
2. It is compatible with the uses authorized in, and the regulations prescribed for, the land use
district in which the real property is located;
The map proposes single family residential lots ranging in size from 6, 000 square feet to 31, 000
square feet, consistent with the R-1 Single Family Residential Zone
3. It is in conformity with public convenience, general welfare and good land use practices;
The proposed residential development will create residential lots that are larger in size than
typical for newer residential developments, there by providing the public more convenience in
finding alternative existing residential products. Further the development of the proposed
development is consistent with the underlying General Plan and Zoning land use designations,
indicative of good land use practices.
4. It will not be detrimental to the health, safety and general welfare;
The proposed Development Agreement will facilitate the development of large lot residential
units. The previously approved map was found not to be detrimental to the health, safety and
general welfare.
5. It will not adversely affect the orderly development of property or the preservation of property
values;
The proposed Development Agreement will further the goals and objectives of the City's land
use planning policies by facilitating the development of large lot residential units which adds to
the diversity of housing available in the City. The previously approved map was found not to
adversely affect the orderly development of property or the preservation of property values.
6. It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed Development Agreement is consistent with the California Development
Agreement Act and the City's Development Agreement Ordinance by eliminating uncertainty in
the development process. The development Agreement includes all mandatory provisions
required by Government Code § 65865.2 and does not include any provisions that are not
authorized by the Development Agreement Act.
Section 3. Based upon the evidence presented and the above findings, the City Council hereby
approves Development Agreement 2019-02.
Section 4. If any provision of this Ordinance or its application is held invalid by a court of
competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications
of the Resolution which can be given effect without the invalid provision or application, and to
this end each phrase, section, sentence, or word is declared to be severable.
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Section 5. This Ordinance shall take effect thirty (30) days after the date of its final passage or
such later date as may be designated by the Council. The City Clerk shall certify as to adoption
of this Ordinance and cause this Ordinance to be published and posted in the manner required
by law.
PASSED and ADOPTED this 22nd day of October 2019.
City Clerk J
STATE OF CALIFORNIA }
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE }
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Ordinance No. 2019-1417 was introduced at a regular meeting of the City Council of the
City of Lake Elsinore, California, on the 8th day of October 2019, and adopted by the City Council
of the City of Lake Elsinore, California, at the regular meeting of October 22, 2019, and that the
same was adopted by the following vote:
AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Candice AI arez, MC
City Clerk
J