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
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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
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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