HomeMy WebLinkAboutItem No. 2 - Development Agreement ResolutionRESOLUTION NO. 2024 -
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT
AGREEMENTS NO. 2024-__ (T.T. GROUP INC.) and 2024-___ (CANADIAN PACIFIC
LAND, LLC AND STRACK FARMS LAND, LLC) FOR THE APPROXIMATELY 368-
ACRE SUBDIVISION PREVIOUSLY APPROVED UNDER TENTATIVE TRACT MAP
NO. 31370 LOCATED WITHIN THE TUSCANY HILLS SPECIFIC PLAN
Whereas, T.T. Group, A California corporation as to an approximately 282 acre portion of
TTM 31370 and Canadian Pacific Land, LLC, a Florida limited liability company and Strack
Farms Land, LLC, a Delaware limited liability company as to the remainder 86 acre portion of
TTM 31370 have requested approval of Development Agreement No. 2024-___ and 2024-
___. TTM 31370 was previously approved for the subdivision of 807 single family residential
lots, along with community and neighborhood parks, basins, lift station and open space located
in the Tuscany Hills Specific Plan in the northeast portion of the City commonly known as North
Tuscany; and
Whereas, TTM 31370 covers property on the south side of Greenwald Avenue, on both
sides of the extension of Summerhill Drive north of the existing Tuscany Hills community, to the
west of Canyon Lake and to the east of Bella Vista Drive (Assessor’s Parcel Nos.: 349-280-025,
-028, -029, -038, -040, -042, -044, -048, -050 and -051; 349-290-017, -018, -026 and -027; 349-
390-001 thru -004, -015 and -016); and
Whereas, pursuant to LEMC Chapter 19.12 (Development Agreements) the Planning
Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing
and making a recommendation to the City Council whether the development agreement is
consistent with the City’s General Plan and whether to approve the development agreement;
and
Whereas, on April 16, 2024, at a duly noticed public hearing, the Planning Commission
has 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Pursuant to CEQA Guidelines Section 15162, the Planning Commission has
determined that the Development Agreements 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. On
March 22, 2005, the City Council approved Subsequent Environmental Impact Report (SEIR)
(SCH No. 2004071082), Amendment No. 1 to the Tuscany Hills Specific Plan No. 89-3, General
Plan Amendment No. 2004 -05, Zone Change No. 2004-06, and TTM No. 31370. This
Development Agreement will not have any significant direct, indirect, or cumulative environmental
impacts apart from or beyond those already analyzed, addressed, and mitigated as stated in the
environmental documentation prepared and adopted/approved for TTM No. 31370. All potentially
significant impacts have been avoided or mitigated pursuant to the earlier environmental impact
report and none of the conditions in Public Resources Code Section 21166 or CEQA Guidelines
Sections 15162, 15163 and 15164 calling for preparation of a subsequent or supplemental
PC Reso. No. 2024-____
Page 2 of 4
environmental impact report have occurred because of the following: (i) the Project does not
propose substantial changes that would require major revisions to the previously certified EIR due
to new significant environmental effects or a substantial increase in the severity of previously
identified significant environmental effects; (ii) no substantial changes in circumstances have
occurred that require major revisions to the previously certified EIR due to new significant
environmental effects or a substantial increase in the severity of previously identified significant
effects; and (iii) no new information of substantial importance as described in Section 15162 (a)(3)
has been identified that shows any of the following: (a) one or more significant effects not
discussed in the EIR, (b) significant effects previously examined that are substantially more
severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be
feasible are in fact be feasible and substantially reduce one or more significant effects of the
project, but the Project proponents decline to adopt the mitigation measure or alternative, or (d)
mitigation measures or alternatives which are considerably different from those analyzed in the
EIR substantially reduce one or more significant effects on the environment, but the Project
proponents decline to adopt the mitigation measure or alternative. Therefore, no further
environmental documentation is necessary.
Section 2. That in accordance with California Planning and Zoning Law and the Lake
Elsinore Municipal Code Section 19.12.070 (Planning Commission report), the Planning
Commission makes the following findings regarding Development Agreements No. 2024 -__ and
2024 -___ (collectively, the “Development Agreements”):
1. The Development Agreements are consistent with the objectives, policies, general land uses
and programs specified in the General Plan and any applicable specific plan;
The proposed development agreement will assist in the development of TTM 31370. TTM 31370
is located within the Tuscany Hills Specific Plan(THSP). The proposed subdivision is compatible
with the objectives, policies, general land uses and programs as identified in the THSP. The
THSP was subject to a consistency finding with the General Plan prior to adoption. The proposed
subdivision is consistent with the provisions of the THSP and is therefore found to be consistent
with the General Plan.
2. The Development Agreements are compatible with the uses authorized in, and the
regulations prescribed for, the land use district in which the real property is located;
The proposed development agreement contemplates residential development consistent with
the Tuscany Hills Specific Plan ’s residential land use designation for this site.
3. The Development Agreements are in conformity with public convenience, general welfare and
good land use practices;
The overall density and design is consistent and compatible with the adjacent communities.
Further the development of the proposed development is consistent with the underlying
General Plan and Zoning land use designations, indicative of good land use practices.
4. It will not be detrimental to the health, safety and general welfare;
The proposed Development Agreement will facilitate the development of the residential units.
The previously approved map was found not to be detrimental to the health, safety and general
welfare.
5. It will not adversely affect the orderly development of property or the preservation of property
PC Reso. No. 2024-____
Page 3 of 4
values;
The proposed Development Agreement will facilitate the development of residential units.
The previously approved map was found not to adversely affect the orderly development of
property or the preservation of property values.
6. The Development Agreements are consistent with the provisions of Government Code
Sections 65864 through 65869.5.
The proposed Development Agreement includes all mandatory provisions required by
Government Code § 65865.2 and does not include any provisions that are not authorized by the
Development Agreement Act.
Section 3. Based upon the evidence presented, the above findings, and the attached Conditions
of Approval, the Planning Commission hereby recommends that the City Council of the City of
Lake Elsinore approve Development Agreements 2024-__ (T.T. Group Inc.) and 2024-___
(Canadian Pacific Land, LLC and Strack Farms Land, LLC).
Section 4. This Resolution shall take effect from and after the date of its passage and adoption.
Section 5. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 16th day of April, 2024 .
_____________________, Chairman
Attest:
__________________________________________
Damaris Abraham, Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2024 -__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held April 16, 2024 and that the same was
adopted by the following vote:
PC Reso. No. 2024-____
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AYES
NOES:
ABSTAIN:
ABSENT:
Damaris Abraham,
Community Development Director