HomeMy WebLinkAboutPA 2018-95 - Exhibit G Applicant ForwardJONES & BEEIRDSLEY, P.C.
ATTORNEYS AT LAW
ONE RIVER WALK BUILDING
10000 STOCKDALE HIGHWAY, SUITE 395
BAKERSFIELD, CALIFORNIA 93311
Telephone (661) 664-2900 Facsimile (661) 664-2904
maj@jonesbeardsley.com
MEMORANDUM
TO: Justin Kirk DATE: October 23, 2019
City of Lake Elsinore
FROM: Mark A. Jones AIV(�
RE: History of VTTM 35001
Justin,
Per your request, below is a brief history of the processing and land use entitlements for the
property which is subject to VTTM 35001.
VTTM 35001 encompasses approximately 392 acres of undeveloped land commonly known as
Alberhill Ridge, within the Alberhill community in north Lake Elsinore, located east of Lake
Street and north of Nichols Road.
In 1989, the City of Lake Elsinore adopted the Alberhill Ranch Specific Plan ("ARSP")
following certification of a final environmental impact report ("FEIR") for that project. Two
years later, in 1991, the City adopted Amendment No. 1 to the ARSP, which carved 998 acres
out of the original ARSP area to create a separate Specific Plan for private development of that
area known as the Brighton ARSP. An addendum to the ARSP FEIR was prepared in connection
with the approval of the Brighton ARSP. The City's intent in adopting the Brighton ARSP was
to authorize a plan of development for up to 2,735 residential units, 89 acres of commercial uses,
and other ancillary uses.
In February 2004, the County of Riverside and Tri Valley I (together with it successors, referred
to as "Tri Valley"), the then owner of the 998 acre Brighton ARSP property, entered into an
Acquisition Agreement and accompanying Memorandum of Agreement, whereby Tri Valley
agreed to sell the County 598 acres of the Brighton ARSP property for open space, conservation
and mitigation purposes, at a substantially reduced purchase price. Under the terms and
conditions of the 2004 Acquisition Agreement and accompanying Memorandum of Agreement,
the County and Tri Valley I agreed that by selling the 598 acre property to the County at the
VTTM 35001 History Summary.04
reduced purchase price, and by paying the prevailing mitigation fee under the adopted Western
Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), Tri Valley would be
entitled to develop its remaining X400 acre property within the Brighton ARSP without "...any
.further City and County required conservation mitigation of any kind, including without
limitation, any subsequent discovery of endangered species or any further biological surveys, for
any proposed development."
The Tri Valley agreements were part of the record when the MSHCP was adopted and the
I0(a)(1)(B) permit was issued for the plan. In addition, a HANS Equivalency Review and
Approval were received for the property pursuant to MSHCP Section 6. 1, A, 1.
In December 2004, Tri Valley sold the 598 acre property to the County in accordance with the
Acquisition Agreement and Memorandum, and as part of that transaction, the County granted Tri
Valley a Temporary Operations and Permanent Maintenance Easement Agreement (the
"TOPME") over portions of the 598 acre property, which permitted a Tri Valley to use those
portions of the 598 acre property for the purpose of augmenting slopes, modifying habitat and
maintaining these areas as necessary for the development of Tri Valley's remaining ±400 acres.
In or about 2006, Castle & Cooke Commercial -CA, Inc. ("CCCA") purchased the ±400 acre
property from Tri Valley, and succeeded to all of its rights under the Acquisition Agreement,
Memorandum and TOPME.
On November 13, 2012, the Lake Elsinore City Council approved Vesting Tentative Tract Map
No. 35001 (the "Original VTTM 35001 ") with the adoption of Resolution No. 2012-054. In
connection with this approval, the City adopted findings that the Original VTTM 35001 was in
compliance with the MSHCP, and approved Addendum No. 4 to the ARSP EIR. Conditions of
Approval were adopted as a part of Resolution No. 2012-054. As approved, the Original VTTM
35001 permitted the subdivision of the 392 acre property into 1,056 single family residential lots,
225 multi -family units, 120 mixed use residential units and 29.8 gross acres of commercial
development. Because the boundaries of the Original VTTM 35001 included portions of the
County's 598 acre adjacent property which were covered by the TOPME, and to be used for
slope modification, fuel modification and fire protection maintenance, the Original VTTM 35001
permitted residential lot development to extend all the way to the exterior boundaries of the 392
acre property. In 2015, a Joint Project Review was completed for the Original VTTM 35001.
In 2016, Castle & Cooke and the County of Riverside completed a land exchange whereby
Castle & Cooke conveyed approximately 40 acres of its ±400 acre property to Riverside County
in exchange for Riverside County's conveyance to Castle & Cooke of approximately 40 acres of
its 598 acre property. A CEQA lawsuit was filed challenging the land exchange, which was
ultimately dismissed as a result of Castle & Cooke°s and the County's rescission of the land
exchange. In connection with the rescission of the land exchange, Castle & Cooke and the
County reconveyed the exchanged lands to one another, and terminated the TOPME.
On or about October 16, 2016, Castle & Cooke and the City entered into a Tolling Agreement
tolling the expiration of the Original VTTM 35001. The term of the Original VTTM 35001 has
been extended by the Tolling Agreement (as modified by Amendments 1 through 4 thereto) to
October 31, 2019.
2
VTTM 35001 History Summary.04
On November 30, 2018, Castle & Cooke submitted an application for a new VTTM 35001 (the
"New VTTM 35001"). The New VTTM 35001 differs from the Original VTTM 35001 in the
following respects:
• 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.
VTTM 35001 History Summary.04