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HomeMy WebLinkAboutPC Reso 2022-19 DA 2022-01 for Portion 81.32 Acres of TTT M 34249RESOLUTION NO. 2022-19 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 No. 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 DocuSign Envelope ID: BA930E7F-4D70-41E2-AB0B-9C29784AAE73 PC Reso. No. 2022-19 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. DocuSign Envelope ID: BA930E7F-4D70-41E2-AB0B-9C29784AAE73 PC Reso. No. 2022-19 Page 3 of 3 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 at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, 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. 2022-19 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: Commissioners Peters, Klaarenbeek, Carroll, Vice Chair Dobler, and Chairman Gray. NOES: ABSENT: ABSTAIN: Damaris Abraham, Planning Manager DocuSign Envelope ID: BA930E7F-4D70-41E2-AB0B-9C29784AAE73