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HomeMy WebLinkAboutStaff ReportCITY OF ot��_ 1 !'7. if 1 + ro AKA 9 i Sy ORI DREAM EXTREME. TO: FROM: DATE: SUBJECT: APPLICANT/ OWNER: Project Request REPORT TO PLANNING COMMISSION HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION WARREN MORELION, AICP PLANNING MANAGER MARCH 20, 2012 GENERAL PLAN CONFORMITY DETERMINATION FOR PROPOSED ABANDONMENT OF PARK SITE AND TRANSFER CITY OF LAKE ELSINORE On February 28, 2012, the City Council of the City of Lake Elsinore adopted a resolution of intention to abandon an unimproved 4.8 acre proposed park site within the Summerly Project and set a public hearing for April 10, 2012 to make a final determination as to whether or not to abandon the park site. If the abandonment is approved, the 4.8 acre park site will revert back to the Summerly Project developer. A copy of City Council's resolution of intention, Resolution 2012-007, is attached as Attachment 1. Pursuant to the requirements of the Subdivision Map Act, Government Code 65402, a disposition of City -owned property generally requires a determination by the Planning Commission of conformity with the General Plan. Project Location The 4.8 acre park site is located within the Summerly Project on the southeast corner of Diamond Drive and Summerly Place, Assessor Parcel No. 371-270-005, within the Eastlake Specific Plan. A site map showing the 4.8 acre park site to be abandoned and transferred is shown on Attachment 2. Background The East Lake Specific Plan contemplates the development of three significant public parks in connection with the Summerly Project along with an elementary school site. Attachment 2 illustrates the location of these park sites and the school. GENERAL PLAN CONFORMITY DETERMINATION MARCH 20, 2012 PAGE 2OF4 The three public parks sites are composed of a 24 acre regional park, a 6.7 acre park site (partially within a joint -use retention basin and water utility facility), and the 4.8 acre neighborhood park site next to a proposed elementary school. Beginning in 2007, City staff and representatives of the former developer began discussing the concept of the developer providing a high amenity regional park on the 24 acre site. In exchange for these amenities, the developer would be relieved of its obligation to make other public park improvements and the 4.8 acre park site would revert back to the developer. The construction of housing units within the Summerly Project reignited these earlier discussions and the current Summerly Project developer, McMillin Summerly LLC, has submitted a proposal to provide a high amenity, turn -key park on the 24 acre park site. This proposal is consistent with the City's park implementation policies with a preference for fully improved larger parks in lieu of small park site dedications with minimal or no improvements. The most recent proposal available as of this writing provides for construction of a baseball oriented "tournament ready" facility with four baseball fields, concession/restroom facility, skate park and basketball court along with other related amenities. A copy of the current concept plan is provided as Attachment 3. Additionally, the potential that the 4.8 acre site may be relinquished as a park site could allow it to be combined with the adjacent parcel to provide for the possibility of an expanded school site. The developer and the Lake Elsinore Unified School District ("LEUSD") are engaged in discussions evaluating this possibility. Those discussions are on-going and a definitive agreement has not been reached. Accordingly, this information is provided for background purposes only. Project Description The Summerly Project consists of 1482 residential units and has received full land use approval and entitlements from the Planning Commission and City Council and is consistent with the East Lake Specific Plan, the City's General Plan and applicable zoning. Environmental Determination The transfer of the 4.8 acre park site is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 Cal. Code Regs §§ 15000 et seq.), specifically pursuant to Section 15305 (minor alteration to land use) in that there is no change in density or allowed land uses (open space) and Section 15061(b)(3) (common sense exemption) in that the change of ownership of the 4.8 acre site does not have any potential for causing a significant effect on the environment. GENERAL PLAN CONFORMITY DETERMINATION MARCH 20, 2012 PAGE 3OF4 Analysis The 4.8 acre park site is designated within the East Lake Specific Plan as "Open Space" with a sub -designation as "Neighborhood Park." In the event that the City Council determines to abandon this site at the April 10, 2012 public hearing, the Specific Plan use designation will remain as "Open Space"; however, the sub -category will be concurrently amended by administrative action such that the "neighborhood park" sub -designation is removed. In addition to maintaining the "Open Space" land use designation on the 4.8 acre site, the 24 acre park slated for high quality recreational amenities will by itself exceed the parkland acreage standards set under the East Lake Specific Plan and the Quimby Act (5 acres of park per 1,000 residents). With an expected population of 4,766 in the Summerly Project, 23.8 acres of parkland is required. Accordingly, the total qualifying area dedicated for parks at the 24 acre park site alone exceeds the total required parkland dedication requirement. In summary, if the transfer of the 4.8 acre site is approved by the City Council on April 10th, 2012, that site will remain as designated "Open Space" and the only vested entitlement by the developer would be an Open Space use. In the event that the developer and LEUSD do not agree to use the Site for an expanded school and the developerseeks development rights inconsistent with the Open Space designation, such future development proposal would require amendment to the East Lake Specific Plan subject to full review by the Planning Commission and City Council. Therefore, because the 4.8 acre site's land use designation will remain Open Space and such Open Space designation is consistent with the Specific Plan and corresponding General Plan land use designation, the Planning Commission is requested to determine that the abandonment and transfer of the 4.8 acre site conforms to the City's General Plan. Recommendation It is recommended that the Planning Commission: 1. Adopt Resolution No. PC 2012- determining that the abandonment and transfer of the 4.8 acre park site is in conformity with the City's General Plan. Prepared By: David H. Mann Assistant City Attorney Approved By: Warren Morelion, AICP N4�1� Planning Manager GENERAL PLAN CONFORMITY DETERMINATION MARCH 20, 2012 PAGE 4OF4 Attachments: 1. City Council Resolution No. 2012-007 2. Vicinity map showing park sites and school site 3. 24 acre park concept improvement plan 4. Resolution No. PC 2012- RESOLUTION NO. 2012-007 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ABANDON PROPERTY ACQUIRED FOR PURPOSES OF A PUBLIC PARK (APN: 371-270-005) WHEREAS, in 2006, the former developer of the Surnmerly Project within the East Lake Specific Plan made an irrevocable offer to dedicate to the City of Lake Elsinore a parcel of land consisting of approximately 4.8 acres identified as APN 371- 270-005 and more particularly described as Lot 19 of Tract No. 31920-1, as per map filed in Book 394 at pages 41 through 51, inclusive, in County Recorder of the County of Riverside (hereinafter the "subject property"); and WHEREAS, although the City acquired the subject property with the intent that the site would be improved as a park, the subject property has not been used by the public for park purposes, and no park improvements have been constructed thereon; and WHEREAS, given the current developer's proposal to provide materially increased amenities to a nearby 24 acre park site, the City desires to consider whether or not the subject property is appropriate, convenient or necessary for park purposes and further desires to set a public hearing in order to accord the public an opportunity to object to abandonment of the subject property. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council establishes the regular City Council meeting of April 10, 2012 at 7:00 p.m. as the date and time of a hearing to consider abandonment of the above -referenced subject property for park purposes. At that time, the City Council shall consider all public comments in support of and opposed to the proposed action. SECTION 2. The City Clerk is hereby directed to publish this Resolution in accordance with California Government Code Section 6063 and to post no less than four copies of the resolution no less than 100 feet apart conspicuously along the boundaries of the subject property. CITY COUNCIL RESOLUTION NO. 2011-007 PAGE 2 OF 3 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28h day of February 2012, by the following vote: BRIAN TZDALE MAYOR APPROVED AS TO RM- 1 4M BARA LEIB LD CITY ATTORNEY CITY OF LAKE ELSINORE STATF OF CALIFORNIA } COUNTY OF RIVERSIDE } ss. CITY OF LAKE ELSINORE ) 1, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-007 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28h day of February 2012, and that the same was adopted by the following vote: AYES: Mayor Pro Tem Hickman, Council Member Weber, Council Member Magee, Council Member Melendez and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None Virginia J. Uloorn, V City Clerk 7 i Golf Cage 4 5 / ` \� 0 Active open Space 1 Mufti -Use Park 2 Neighborhood Park 3 Linear Nature Trail 4 Golf Course 5 Golf & Recreation Clubs 1:1 Natural Open Space s Open Space Buffer 7 San Jacinto River Corridor c John Laing Homes East Lake Specific Plan FIGURE 16 OPEN SPACE PLAN Ire RESOLUTION NO. PC -2012 - RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FINDING THAT THE ABANDONMENT OF AN UNDEVELOPED PARK SITE AND TRANSFER CONFORMS TO THE CITY'S GENERAL PLAN WHEREAS, on February 28, 2012, the City Council of the City of Lake Elsinore adopted Resolution No. 2012-007, a resolution of intention to abandon a City -owned unimproved 4.8 acre park site within the Summerly development (APN 371-270-005, hereinafter the "Site") and set a public hearing for April 10, 2012 to make a final determination as to whether or not to abandon the Site; and WHEREAS, the transfer of the Site is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 Ca. Code Regs §§ 15000 et seq.), specifically pursuant to Section 15305 (minor alteration to land use) in that there is no change in density or allowed land uses (open space) and Section 15061(b)(3) (common sense exemption) in that the change of ownership of the Site does not have any potential for causing a significant effect on the environment; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making a report to the City Council regarding whether a disposition and transfer of City -owned property conforms to the City's General Plan; and WHEREAS, notice of the proposed transfer of the Site has been given, and the Planning Commission has considered evidence presented by City staff and other interested parties at a public meeting held with respect to this item on March 20, 2012. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RECOMMEND AS FOLLOWS: SECTION 1. Pursuant to Government Code Section 65402 and based upon all of the evidence presented and the finding above, the Planning Commission hereby finds and determines that the abandonment and transfer of the Site conforms to the City's General Plan. SECTION 2. The Planning Manager is hereby directed to transmit this resolution to the City Council of the City of Lake Elsinore for consideration by the City Council at the public hearing on April 10, 2012. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 20th day of March 2012. PLANNING COMMISSION RESOLUTION NO. 2012-. Page 3 of 3 STATE OF CALIFORRIA- COUNTY OF RIVERSIDE SJ CITY OF LAKE ELSINORE I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC -2012- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20th day of March 2012, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Warren Morelion, AICP Planning Manager PLANNING COMMISSION RESOLUTION NO. 2012 - Page 2 of 3 Shelly Jordan, Chairperson_ City of Lake Elsinore ATTEST. Warren Morelion, AICP Planning Manager