HomeMy WebLinkAbout0005_2_DA 2022-01 - Exhibit A - DA ResolutionRESOLUTION NO. 2022-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT
AGREEMENT NO. 2022-01 FOR APPROXIMATELY 81.32-ACRE PORTION OF THE
LARGER 246 ACRE SUBDIVISION PREVIOUSLY APPROVED UNDER TENTATIVE
TRACT MAP NO. 34249
Whereas, Tri Pointe Homes, has requested approval of Development Agreement N o .
2022-01 for a portion of Tentative Tract Map (TTM) No. 34249. TTM 34249 was previously
approved for the subdivision of 246.41 acres into 302 single family residential lots, 12 open
space lots, one (1) Public Park and two (2) tank sites. This development agreement applies to
the approximately 81.32-acre portion of the larger approximately 246 acre property previously
entitled for development. The site is located within the Canyon Hills Estates Specific Plan, south
of Canyon Hills Road, east and west of Cottonwood Canyon Road (APNs: 365-230-005, 006,
009, 011, and 012; 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 May 3, 2022, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Pursuant to CEQA Guidelines Section 15162, the Planning Commission has
determined that the Development Agreement would not have a significant effect on the
environment and no new environmental documentation is necessary because all potentially
significant effects have been adequately analyzed in an earlier environmental impact report. FEIR
No. 2006-04 (SCH # 2006051073) was adopted by the City Council on January 23, 2007. This
Development Agreement will not 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. 34249. All potentially
significant impacts have been avoided or mitigated pursuant to the earlier environmental impact
report and none of the conditions in Public Resources Code Section 21166 or CEQA Guidelines
Sections 15162, 15163 and 15164 calling for preparation of a subsequent or supplemental
environmental impact report have occurred because of the following: (i) the Project does not
propose substantial changes that would require major revisions to the previously certified EIR due
to new significant environmental effects or a substantial increase in the severity of previously
identified significant environmental effects; (ii) no substantial changes in circumstances have
occurred that require major revisions to the previously certified EIR due to new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; and (iii) no new information of substantial importance as described in Section 15162 (a)(3)
has been identified that shows any of the following: (a) one or more significant effects not
discussed in the EIR, (b) significant effects previously examined that are substantially more
PC Reso. No. 2022-____
Page 2 of 3
severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be
feasible are in fact be feasible and substantially reduce one or more significant effects of the
project, but the Project proponents decline to adopt the mitigation measure or alternative, or (d)
mitigation measures or alternatives which are considerably different from those analyzed in the
EIR substantially reduce one or more significant effects on the environment, but the Project
proponents decline to adopt the mitigation measure or alternative. Therefore, no further
environmental documentation is necessary.
Section 2. That in accordance with California Planning and Zoning Law and the Lake
Elsinore Municipal Code Section 19.12.070 (Planning Commission report), the Planning
Commission makes the following findings regarding Development Agreement No. 2022-01:
1. It is consistent with the objectives, policies, general land uses and programs specified in the
General Plan and any applicable specific plan;
The proposed development agreement will assist in the development of TTM 34249. TTM 34249
is located within the Canyon Hills Estates Specific Plan (CHESP). The proposed subdivision is
compatible with the objectives, policies, general land uses and programs as identified in the
CHESP. The CHESP was subject to a consistency finding with the General Plan prior to
adoption. The proposed subdivision is consistent with the provisions of the CHESP and is
therefore found to be 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 proposed development agreement contemplates residential development consistent with
the Canyon Hills Estates Specific Plan’s residential land use designation for this site.
3. It is in conformity with public convenience, general welfare and good land use practices;
The overall density and design is consistent and compatible with the adjacent communities.
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 the 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 facilitate the development of residential units.
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 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.
PC Reso. No. 2022-____
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Section 3. Based upon the evidence presented, the above findings, and the attached Conditions
of Approval, the Planning Commission hereby recommends that the City Council of the City of
Lake Elsinore approve Development Agreement 2022-01.
Section 4. This Resolution shall take effect from and after the date of its passage and adoption.
Section 5. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 3rd day of May, 2022.
John Gray, Chairman
Attest:
___________________________________
Damaris Abraham,
Planning Manager
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Planning Manager of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2022-__ was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a regular meeting held May 3, 2022 and that the same was adopted by the following
vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Damaris Abraham,
Planning Manager