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HomeMy WebLinkAbout2022-020 PA 2021-11 - TTMRESOLUTION NO. 2022-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38116 FOR THE SUBDIVISION OF THE 34.81-ACRE SITE INTO NINE LOTS WITH ONE LOT FOR 140 DETACHED CONDOMINIUMS, ONE RESERVED OPEN SPACE LOT, ONE WATER QUALITY BASIN, TWO RECREATION LOTS, AND FOUR OPEN SPACE LOTS LOCATED AT APNS 379-060-005, 022 AND 027 Whereas, Shelly Jordan, Tri Pointe Homes has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-11 (Zone Change No. 2021- 04, Tentative Tract Map No. 38116, and Residential Design Review No. 2021-02). Zone Change (ZC) No. 2021-04 proposes to establish a Planned Development Unit (PUD) overlay district for portion of the subject property that is currently zoned High Density Residential (R-3). The PUD overlay provides modified development regulations and standards for the underlying R-3 zone to allow for flexibility in order to allow for greater flexibility and compatibility with the General Plan. Tentative Tract Map (TTM) No. 38116 proposes to subdivide the 34.81-acre site into nine (9) lots. One (1) 10.94-acre lot for detached 140 condominium residences, one (1) 15.65 reserved open space lot, one (1) 1.39-acre water quality basin, two (2) recreation lots (0.77 acres), private streets (4.60 acres), and four (4) open space landscaping lots (0.65 acres). Residential Design Review (RDR) No. 2021-02 proposes the design and construction of a gated condominium community with 140 detached two-story condominium units, preliminary plotting, conceptual wall and fence plan, recreation areas, and related amenities and infrastructure on the western portion of the site. The project proposes three (3) different detached condominium plans ranging in size from 1,793 sq. ft. to 2,288 sq. ft. The eastern 15.65 acres of the site that is adjacent to the lake would be preserved as natural open space. The project is located along State Route 74 (SR-74) east of the intersection of Riverside Drive and Grand Avenue (APNs 379-060-005, 022 and 027); and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the project would have a significant effect on the environment. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and, Whereas, based upon the results of the Initial Study (Environmental Review No. 2021- 02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for public review and comment for a minimum of 30 days beginning on November 19, 2021, and ending on December 20, 2021; and Whereas, on February 8, 2022, at a duly noticed public hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2021110300) for the Project and adopted a Mitigation Monitoring and Reporting Program; and, Whereas, pursuant to Chapter 16.24 (Tentative Map) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to tentative maps; and, Whereas, on January 18, 2022, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940 CC Reso. No. 2022-20 Page 2 of 4 parties with respect to this item, and adopted a resolution recommending that the Council Approve TTM No. 38116; and, Whereas, on February 8, 2022 at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission 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 foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2: The Council has reviewed and analyzed the proposed project pursuant to the appropriate Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (GP), and Chapter 16 (Subdivisions) of the LEMC. Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Commission makes the following findings for approval of TTM No. 38116: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the 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. The project site has General Plan land use designations of High Density Residential and Recreational. The High Density Residential land use designation provides for residential densities between 19 and 24 units per net acre. The Recreation land use designation provides for public and private areas of permanent open space and allows for passive and/or active private and public recreation. The project includes 140 detached condominiums with a net density of 23 unit per net acre. Thus, the project would not exceed the allowable High Density Residential density of 24 dwelling units per acre. In addition, 15.65 acres of the project site, which is designated Recreational would be preserved as open space adjacent to Lake Elsinore. Therefore, the project is consistent with the residential and recreation General Plan land use designations for the site. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The project site has a density of 23 Dwelling Units per net Acre. The overall density of and design is consistent and compatible with the adjacent communities. 3. The effects that this 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. DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940 CC Reso. No. 2022-20 Page 3 of 4 a. TTM 38116 is consistent with the High Density Residential land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan. The proposed PUD overlay district will provide a mechanism to allow for flexibility in the development regulations and design standards of the underlying High Density Residential (R-3) base district. The proposed project is consistent and compatible with the General Plan and provides an increase in housing opportunities within the City. TTM 38116 is consistent with Housing Element Policy 3.1 to “Use the City’s General Plan, Municipal Code, other land use and development plans, and the development process to provide housing sites that meet the identified local need.” 4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a. A Mitigated Negative Declaration (MND) (ER 2021-02) (SCH# 2021110300) was prepared for TTM 38116. The Initial Study identified potentially significant environmental effects but these impacts will be mitigated to below a level of significance through compliance with the mitigation measures set forth in the MND. TTM 38116 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. TTM 38116 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 TTM 38116. b. The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the project. Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the project, the Council hereby approves Tentative Tract Map No. 38116. Section 5: This Resolution shall take effect immediately upon its adoption. Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8th day of February 2022. Timothy J. Sheridan Mayor DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940 CC Reso. No. 2022-20 Page 4 of 4 Attest: Candice Alvarez, MMC City Clerk 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 Resolution No. 2022-20 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 8, 2022 and that the same was adopted by the following vote: AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 89688374-D7AD-43DF-A08F-C1B7355BF940