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Home My WebLink AboutPA 2018-95 - SR Page 1 of 4 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: Honorable Chairman Members of the Planning Commission FROM: Justin Kirk, Principal Planner DATE: March 17, 2020 PROJECT: PA 2018-95 (TTM 36636 and Modification to VTTM 35001) – TTM 36636, a subdivision of land that would create six (6) lots for the purposes of finance and conveyance and a proposed series of modifications to VTTM 35001. APPLICANT: Laura Whitaker, Castle & Cooke Commercial-CA, Inc. Recommendation adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT PA 2018-95 (TTM 36636, MODIFICATION TO VTTM 35001 AND ET 2016-09 (EXTENSION OF TIME FOR VTTM 35001)) ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and, adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF TENTATIVE TRACT MAP NO. 36636; and, adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF MODIFICATIONS TO VESTING TENTATIVE TRACT MAP NO. 35001; and, adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF EXTENSION OF TIME NO. 2016-09 EXTENDING VTTM 35001 FROM DECEMBER 11, 2016 TO DECEMBER 11, 2022. Background On December 11, 2012, the City Council approved Addendum No. 4 to the Alberhill Ranch Specific Plan Final Environmental Impact Report and Vesting Tentative Tract Map (VTTM) No. 35001 for the subdivision of 400.3 acres into 1,056 single-family residential lots, one (1) high density residential lot, two (2) suburban village commercial lots, one (1) commercial lot, one (1) tank site, one (1) detention basin, and two (2) public parks. On July 11, 2013, the California Legislature adopted Assembly Bill 116 that automatically extended the life of VTTM 35001 for an additional two (2) years to December 11, 2016. Page 2 of 4 In 2016, Castle and Cooke and the County of Riverside finalized a land transfer. This land transfer was subject to a CEQA lawsuit that was dismissed as a result of the rescission of the land transfer. On August 30, 2016, the applicant filed the extension of time request, which stayed the expiration of VTTM 35001, until action by the City Council. This extension of time request has been on hold pending the resolution of litigation between the applicant and third parties, the City was not a party to the litigation. The City and the Applicant have executed a series of tolling agreements which stayed the original expiration of VTTM 35001. Project Description Tentative Tract Map 36636 is a subdivision of land that would create six (6) lots for the purposes of finance and conveyance. The second item is the second proposed revision to VTTM 35001 and is proposing changes to the previously approved tentative map. The proposed modifications include:  The number of lots within the New VTTM 35001 has been reduced to 939 single family residential lots, as compared to the 1,056 single family residential lots which were mapped within the Original VTTM 35001, a reduction of 117 lots.  The number of multi-family units and mixed-use residential units within the new VTTM 35001 has remained the same as the original VTTM 35001 at 225 multi-family units and 120 mixed use residential units.  The area of commercial development with the new VTTM 35001 has been reduced by 8.6 gross acres to 21.2 gross acres, as compared to 29.8 gross acres of commercial development within the original VTTM 35001.  The site acreage within the new VTTM 35001 has been reduced to 396.5 acres due to refinement of the project boundary via field survey and the dedication of Nichols Road rights-of-way to the City.  All grading, fuel modification and maintenance associated with the development of the 396.5 acre property will be confined to the area within the boundaries of the site (i.e., development of the area covered by the New VTTM 35001 will not affect any portion of the County's adjacent 598 acre property).  Due to the redesign of the New VTTM 35001, grading of site will be essentially balanced, resulting in the elimination of more than 5,500,000 cubic yards (cy), via trucks, of soil which would have been required to have been exported from the site had it been developed under the Original VTTM 35001. Extension of Time No. 2016-09 is requesting to extend the life of VTTM 35001 six (6) years, from December 11, 2016 to December 11, 2022 and is the last discretionary extension of time afforded to the map. The project site is located southwesterly of Interstate 15 and on the easterly side of Lake Street near the northeast corner of Nichols Road and Lake Street more specifically referred to as Page 3 of 4 Assessor Parcel Numbers 389-020-062, 064, 389-080-055, 056, 390-130-026, 028, 390-160- 003, 006, 390-190-014, 015, 017, 018, 390-200-008, 010, and 390-210-021. Discussion TTM 36636 is a proposed subdivision of land that would create six (6) large lots for the purposes of finance and conveyance. These lots would not be developed and would be further subdivided based upon the approval and recordation of VTTM 35001. The subject subdivision is consistent with the Subdivision Map Act and Chapter 16.24 Tentative Tract Maps of the City of Lake Elsinore Municipal Code. The modified VTTM 35001 has proposed a series of modifications to the originally approved VTTM 35001. The proposed modifications to the map have been reviewed for consistency with the Alberhill Ranch Specific Plan and has been found consistent with the minimum lot standards identified. Furthermore, the Applicant has prepared a firewise fuel modification plan to demonstrate that there is adequate distance from combustible structures and high fire areas. Lastly, the map has been revised to include adequate dedication of right of way for the construction of Nichols Road improvements. In totality the proposed modifications to the map propose a feasible development plan that appropriately refines the development area of the project to account for the challenges in development better understood. Extension of Time No. 2016-09 would extend VTTM 35001 from December 11, 2016 to December 11, 2022. Section 16.24.160 of the Lake Elsinore Municipal Code (LEMC) provides one or more extensions of time totaling a maximum of 36 months. Pursuant to the Subdivision Map Act, Government Code Section 66452.6(e), the time at which the map expires may be extended by the legislative body for a period not exceeding a total of six (6) years. VTTM 35001 is eligible for extension of time for additional six (6) years through the City’s Map Extension process and represents the final extension of time allowed by the Subdivision Map Act and the LEMC. Due to the timing of the expiration of VTTM 35001, the dates of the extension are not based upon the dates of current action but rather the dates in which the map was set to expire. Environmental Determination The original Final Alberhill Ranch Specific Plan EIR (SCH #88090517) was adopted by the City Council on August 28, 1989. Addendum No. IV to the Alberhill Ranch Specific Plan Final EIR, which was prepared for VTTM No. 35001 was subsequently approved by the City Council on December 11, 2012. Pursuant to CEQA Guidelines Section 15162, staff has determined that the proposed revision and extension of time request to VTTM 35001 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 (EIR) based upon the following findings: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed actions would not result in major revisions of the previous EIR or negative declaration because the proposed project has less residential units, a smaller commercial parcel, and the elimination of approximately 5.5 million cubic yards of fill. In totality the actions proposed would result in a smaller project with lesser potential to create significant impacts than what was considered in the Final Alberhill Specific Plan EIR and subsequent addendums. Page 4 of 4 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Please refer to the response to #1. 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration. The Final Alberhill Specific Plan EIR and subsequent addendums addressed all potential significant effects of the proposed project. The modified project does not create and/or exacerbate existing significant effects. Further, there are no new legally required areas of review which have not been previously addressed. b. Significant effects previously examined will be substantially more severe than shown in the previous EIR. The proposed project due to the reduction in the intensity of development would have less significant effects not discussed in the previous EIR or negative declaration. c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. No modifications to previously approved mitigation measures are proposed and there is no new evidence that suggest mitigation measures previously deemed infeasible are now feasible but declined to be implemented. d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. See response to c above. Exhibits: A – PA 2018-95 MSHCP Resolution B – PA 2018-95 TTM 36636 Resolution C – PA 2018-95 TTM 35001 Resolution D – PA 2018-95 ET 2016-09 Resolution E – PA 2018-95 Conditions of Approval F – PA 2018-95 Lot Comparisons G – PA 2018-95 Applicant Forward H – PA 2018-95 Vicinity Map I – PA 2018-95 Aerial Map J – PA 2018-95 TTM 36636 K – PA 2018-95 Original VTTM 35001 L – PA 2018-95 Revised TTM 35001