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HomeMy WebLinkAboutPA 2018-95 - Exhibit D ET 2016-01 Resolution (1) RESOLUTION NO. 2020-___ 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. Whereas, Castle and Cooke, Lake Elsinore West, Inc., has submitted an application for an extension of time for Tentative Tract Map 35001. The project site is located at the southeasterly corner of Interstate 15 and Lake Street. (APNs: 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); 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 City Council (Council) pertaining to tentative maps; and, WHEREAS, Lake Elsinore Municipal Code (LEMC) Section 16.24.160 requires that a land divider wishing to extend the life of a tentative tract map make a written application to the City Council (Council) not less than thirty (30) days prior to the expiration of the tentative tract map requesting an extension of time on the map; and, Whereas, on March 17, 2020, at a duly noticed Public Hearing, the Commission 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Prior to making a recommendation to the Council, the Commission has reviewed and analyzed the proposed Project pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC. Section 2: 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. PC Reso. No. 2020-____ Page 2 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. Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Commission makes the following findings for approval of Vesting Tentative Tract Map (VTTM) No. 35001: 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 is located within the Residential Single Family (R-SF), Residential Multifamily (R-M), and Neighborhood Commercials districts of the Alberhill Ranch Specific Plan (ARSP) that is intended to accommodate single and multi family residntial limited intensity commercial uses. The proposed Project is consistent with the provisions of the ARSP. The ARSP was subject to a consistency finding with the General Plan prior to adoption. Therefore, the Project is found to be consistent with the General Plan. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. PC Reso. No. 2020-____ Page 3 of 4 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 overall density 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. a. The modified Tract Map is consistent with the land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan. The modified VTTM 35001 is consistent with the residential and commercial land uses within the specific plan and applicable development and design standards. 4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a. The Project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The Project will not be detrimental to the public health, safety, or welfare or mat erially injurious to properties or improvements in the vicinity. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. TTM 35001 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 VTTM 35001. 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 the evidence presented, both written and testimonial, and the above findings, Commission recommends that the Council hereby approve a six-year extension of time for Tentative Tract Map No. 35001 to December 11, 2022. Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 17th day of March, 2020. Michael Carroll, Chairman PC Reso. No. 2020-____ Page 4 of 4 Attest: ___________________________________ Justin Kirk, Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2020-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on the 17th day of March, 2020 and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Justin Kirk, Assistant Community Development Director