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Home My WebLink AboutCC Reso No 2008-111 II n D RESOLUTION NO. 2008-111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 32013 FOR FINANCE AND CONVEYANCE PURPOSES WHEREAS, an application has been filed with the City of Lake Elsinore by Walter Clendendon, R.M.A. ("the Developer") to request approval of Tentative Tract Map No. 32013 for Finance and Conveyance Purposes (the "Finance Map"); and WHEREAS, the property affected by the Finance Map is located northeasterly of Interstate 15 and is commonly identifiable by Assessor's Parcel Numbers 363-020-002- 003, 011 thru 015 and 018. The closest paved roads are Franklin Street and Canyon View Drive; and WHEREAS, the City Council has authority to review and either approve, conditionally approve, or deny requests to subdivide land by way of Tentative Tract Maps; and WHEREAS, the Finance Map is subject to the provisions of the California Environmental Quality Act (Public Resources Code, Sections 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations, Sections 15000, et seq.: "CEQA Guidelines") because the Finance Map involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code, Section 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Finance Map would have a significant effect on the environment; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines, Section 15070, it was determined appropriate to prepare and circulate Negative Declaration No. 2008-13 for the Finance Map (the "Negative Declaration"); and WHEREAS, pursuant to CEQA Guidelines, Section 15072, on October 28,2008, the City duly issued a notice of intent to adopt the Negative Declaration; and WHEREAS, public notice of the Finance Map has been given, and the City Council has considered evidence presented by the Planning Commission, Community Development Department and other interested parties at a public hearing held with respect to this item on December 23, 2008. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: n n n SECTION 1. Prior to making a decision, the City Council evaluated all comments, written and oral received from persons who have reviewed the proposed Finance Map. SECTION 2. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. The City Council has found that the Negative Declaration for the Finance Map is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Negative Declaration and finds that the Negative Declaration represents the independent judgment of the City. The City Council has further found and determined that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 3. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the City Council hereby makes the following findings for the approval of the Finance Map 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). The Finance Map as proposed is necessary for the Developer to secure financing and for conveyance purposes only. No development is permitted as a result of approval of this map. Any future development of the site must be preceded by filing a Tentative Tract Map for subdivision purposes. 2. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The Finance Map has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. n n ! , I I' 'I Ii n I I I -- I) I 'I " I il PASSED, APPROVED AND ADOPTED this twent -third day of December 2008. o APPROVED AS TO FORM: B~'~ CITY ATTORNEY n n n STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-110 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 23m day of December 2008, and that the same was adopted by the following vote: AYES: Mayor Robert Magee, Mayor Pro Tern Melissa Melendez, Council member Amy Bhutta, Councilmember Thomas Buckley NOES: None ABSENT: Councilmember Daryl Hickman ABSTAIN: None " - - . . ~. ~ . _ ",-J ". / . ./ "" ./ ...... CAROL COWLEY INTERIM CITY CLERK ./ ." , '. ."" ". - - _..~. :-";:- " ~, n n n CONDITIONS OF APPROVAL FOR NEGATIVE DECLARATION NO. 2008-13 AND TENTATIVE TRACT MAP NO. 32013 FOR FINANCE AND CONVEYANCE PURPOSES GENERAL CONDITIONS 1. 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 attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Tract Map No. 32013 for Finance and Conveyance Purposes project attached hereto. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, for filing of a Notice of Determination and No Effect Form in the amount of $64.00 to the Planning Division within 48 hours of the City Council approval date meeting the required Environmental Filing. PLANNING DIVISION 3. The Tentative Tract Map No. 32013 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 4. The Tentative Tract Map No. 32013 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. All future development with the Tract Map area shall conform to all standards set forth in the Lake Elsinore Municipal Code (LEMC) 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. ENGINEERING DIVISION 6. This single 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 fees, and other related engineering requirements and/or mitigations shall be required when the property is subdivided or at time of development. n n n CONDITIONS OF APPROVAL FOR NEGATIVE DECLARATION NO. 2008-13 AND TENTATIVE TRACT MAP NO. 32013 FOR FINANCE AND CONVEYANCE PURPOSES , 7. La Strada as shown on the map is not the City's preferred alignment. The developer shall ensure that the alignment of La Strada and traffic circulation within this map coincide and/or connect with the approved circulation of adjacent tract maps and approved by the City Engineer. 8. The processing of this map shall conform to the requirements of the Subdivision Map Act. RIVERSIDE COUNTY FIRE DEPARTMENT 9. The applicant shall comply with all Conditions of Approval of the Fire Department (see attached). Added to City Council Report End of Conditions