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HomeMy WebLinkAboutCC Reso No 2006-034RESOLUTION NO. 2006- 34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 33486 LOCATED NORTHEAST OF ZIEGLINDE DRIVE AND NORTI-IWEST OF MACI~ADO STREET WHEREAS, an application has been filed by Corman Leigh Communities requesting approval of Tentative Tract Map No. 33486 for the establishment of a single family residential project; and WHEREAS, the Planning Comrnission of the City of Lake Elsinore at a regular meeting held on January 17, 2006 made its report upon the desirability of the proposed project and made its recommendation in favar of the project by adopting Planning Commission Resolution No. 2006-09 recommending to the City Council approval of Tentative Tract Map No. 334861ocated northeast of Zieglinde Drive and northwest of Machado Street; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 28, 2006. NOW THEREFORE, THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Tentative Tract Map No. 33486 for single family residential development and has found it acceptable. The City Council finds and determines that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Section(s) 66424 and 66427 of the California Government Code and that the Mitigated Negative Declaration and Mitigation Monitoring Program No. 2005- OS satisfy the requirements of the California Environmental Quality Act. SECTION 2. That in accordance with Section 16.24.130 of the LEMC, the City Council does hereby find as follows: CITY COUNCIL RESOLUTION NO. 2006-34 PAGE 2 OF 5 1. The proposed subdivision, together with the provisions far its design and improvement, is consistent with the General Plan. The project as designed is consistent with Goal 1.0 of the Land Use Element of the Lake Elsinore General Plan because the project assists in achieving development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. Additionally, the project complies with Goal 1.0 of the Housing Element by providing safe and healthy residential communities. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan. Tentative Tract Map No. 33486 will assist the City in achieving its goal of providing more housing opportunities within the City of Lake Elsinore in accordance with Goal 1.0 of the General Plan Housing Element. 3. The site is physically suitable for the type of development. The site, although originally zoned as R-E (Estate Single-Family Residential District), is suitable for R-1 (Single-Family Residential District) development, which is the type of development proposed under the Tentative Tract Map. The surrounding neighborhood is a residential neighborhood and the proposed subdivision of Tentative Tract Map 33486 would add to the mixture of residential dwelling units in that area. 4. The site is physically suitable for the proposed density of development. The site is physically suitable for the proposed density of development given the zone change which is being processed concurrently with this Tentative Tract Map. The ordinary zoning designation for the proposed site development is R-E (Estate Single-Family Residential District). According to the LEMC, the minimum lot size within the R-E zoning area is 21,780 square feet, which is the equivalent of approximately 2 homes per acre. The proposed Tentative Tract Map calls for a density of approximately 8 homes per acre, or a minimum lot size of approximately 6, 000 square feet. Despite the increase in density, the area is physically able to support the proposed CITY COUNCIL RESOLUTION NO. 2006-34 PAGE 3 OF 5 development and the subdivision would add a unique dimension to the surrounding neighborhood. 5. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish ar wildlife or other habitat. Based upon the conditions of approval for this project, as well as the mitigation measures which have been integrated into the Mitigation and Monitoring Program adopted concurrently with the approval of the Mitigated Negative Declaration for this project, the City Council determines that the subdivision and the proposed improvements are not likely to cause substantial environmental damage or injury to fish, wildlife or other habitat. The potentially significant effects that were identified in the Initial Study for the project have been adequately addressed and mitigated in through the Mitigation and Monitoring Progr°am. 6. The design of the subdivision and type of improvements is not likely to cause serious public health problems. Given the conditions of approval and the Mitigation and Monitoring Program for this project, the subdivision and improvements are not likely to cause environmental effects which would lead to serious health problems. Moreover, after review by all applicable city departments, divisions and agencies, it has been determined that the proposed subdivision will contribute to the provision of safe and healthy living environments for Lake Elsinore residents. 7. The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through ar use of, property within the proposed subdivision. There are currently no easements for access which would be disturbed by the subdivision of this parcel of land. CITY COUNCIL RESOLUTION NO. 2006-34 PAGE 4 OF 5 8. The effects that this project is 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. Considering the effect this project is likely to have upon the needs of the region a condition of approval was implemented which requires that prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the Ciry which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of ~2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patiq enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2006-34 PAGE 5 OF 5 PASSED, APPROVED AND ADOPTED this 28`h day of February, 2006, by the following vote: AYES: COUNCILMEMBERS:Hickman, Kelley, Schiffner., Magee NOES: COIJNCILMEMBERS: None ABSENT: COLJNCILMEMBERS: suckley ABSTAIN: COUNCILMEMBERS: None Rober`t E. Mag , Mayor City of Lake sinore Frederick R~ City Clerk City of Lake Elsinore AP ROVED A F . B bara Zeid L bold, City Attorney City of Lake Elsinore