HomeMy WebLinkAboutCC Reso No 2007-007 RESOLUTION NO. 2007-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP NO. 34249
WHEREAS, Vicki Mata, Trumark Companies, has filed an application with
the City of Lake Elsinore requesting approval of Tentative Tract Map No. 34249
which subdivides 246.40 acres of land into 317 total lots including 302 residential
lots, 1 lot for a public park, 2 lots for water tank sites, and 12 open space lots (the
"Proj ect"); and
WHEREAS, the 246.4-acre project site is located immediately adjacent to
the existing southern boundary of the Canyon Hills Specific Plan and is bounded
by Hemlock Street to the north, Pine Avenue to the east, and Crooked Arrow Drive
and Crab Hollow Circle to the south and west (the "Project Site"). Cottonwood
Creek flows through the northeast corner of the site adjacent to Cottonwood
Canyon Road; and
WHEREAS, on January 16, 2007, the Planning Commission of the City of
Lake Elsinore considered Tentative Tract Map No. 34249 and recommended that
the City Council approve the subdivision map as proposed; and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of making decisions pertaining to the subdivision
of land; and
WHEREAS, public notice of the Project has been given, and the City
Council has considered evidence presented by the Community Development
Department and other interested parties, and the EIR, including that provided at a
public hearing held with respect to this item on January 23, 2007.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. Prior to making a decision, the City Council has reviewed
and analyzed Tentative Tract Map No. 34249 pursuant to the Subdivision Map Act
(Cal. Gov. Code §§ 66410 et seq.) and Title 16 of the Lake Elsinore Municipal
Code ("LEMC").
CITY COUNCIL RESOLUTION NO. 2007-07
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SECTION 2. In accordance with the Subdivision Map Act and Title 16 of
the LEMC, the City Council makes the following findings for the approval of
Tentative Tract Map No. 34249:
1. The proposed subdivision, together with the provisions for the design
and improvement, are consistent with the City's General Plan, Zoning Code, Title
16 of the Municipal Code relating to Subdivisions, the Canyon Hills Estates
Specific Plan, and the State Subdivision Map Act.
The design of the subdivision and density of 1.23 dwelling units per acre is
consistent with the General Plan designation of Low Density Residential, which
accommodates residential development up to 3 dwelling units per acre. The design
of the subdivision and density of 1.23 dwelling units per acre is consistent with the
Canyon Hills Estates Specific Plan ("Specific Plan') which limits the density of
the Project to 1.23 dwelling units per acre. The Specific Plan provides for the
orderly and efficient development of the Project Site in accordance with the City's
General Plan programs, goals, policies, and implementation measures. The
Specific Plan functions as a regulatory document and implements the City's
General Plan through land use provisions, development regulations, and design
guidelines. The regulations and standards for the Specific Plan will constitute the
zoning for the Project Site. The Tentative Tract Map is consistent with the land use
provisions, development regulations, and design guidelines of the Specific Plan.
The Project is consistent with the designated land use planning area, development
and design standards, and all other requirements contained in the City's General
Plan, Zoning Code, Subdivision Code, the Canyon Hills Estates Specific Plan, and
the Subdivision Map Act.
2. The proposed subdivision is compatible with the objectives, policies,
general land uses and programs sped Cied in the General Plan (Government Code
Section 66473.5).
The Project is consistent with the land use plan, development and design standards
and programs, and all other requirements of the General Plan and Canyon Hills
Estates Specific Plan. The General Plan designates the Project Site as Low
Density Residential. The Canyon Hills Estates Specific Plan designates the
Project Site as Single Family Residential 1 (SF-1) (minimum lot size of 7,200
square feet) and Single Family Residential 2 (SF-2) (maximum density of 6.8
dwelling units per acre). Tentative Tract Map No. 34249 is consistent with the SF-
CITY COUNCIL RESOLUTION NO. 2007-07
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1 and SF-2 designations and applicable development and design standards
because the maximum density incorporated into the Tentative Tract Map is 1.23
dwelling units per acre.
The Specific Plan provides for the orderly and efficient development of the Project
Site in accordance with the City's General Plan programs, goals, policies, and
implementation measures. The Specific Plan functions as a regulatory document
and implements the City's General Plan through land use provisions, development
regulations, and design guidelines. The Tentative Tract Map is consistent with the
land use provisions, development regulations, and design guidelines of the Specific
Plan; and the objectives,policies, general land uses and programs specified in the
General Plan.
3. The Project Site is physically suitable for the type and proposed
density of the development.
The project is consistent with the land use plan, development and design standards
and programs, and all other appropriate requirements contained in the General
Plan and Canyon Hills Estates Specific Plan. The Specific Plan limits the density
of the overall Project Site to 1.23 dwelling units per acre, and the Project includes
149.9 acres of open space and a 5.4 acre park. The Preliminary Geotechnical
Investigation Report for the Project (August 2006) concluded that the Project Site
is suitable for the proposed residential development provided that its
recommendations are implemented.
4. The effects this proposed subdivision 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(Government Code Section 66412.3).
In light of General Plan Amendment No. 2006-04 and Specific Plan 2006-01, the
Project is consistent with the City's General Plan and Zoning Code, will provide
necessary public services and facilities, and will pay all appropriate fees.
Environmental Impact Report No. 2006-02 ("EIR') states that most of the
potentially significant impacts, including those related to public services, have
been reduced to a level of less than significant through the implementation of
project design features, standard conditions, and project-specific mitigation
measures. The EIR states that significant short-term air quality impacts and
CITY COUNCIL RESOLUTION NO. 2007-07
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cumulative traffic impacts will refrain, for which a statement of overriding
considerations must be adopted to justify the merits of project implementation.
The proposed subdivision's effects 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 in the Project EIR and Plan of
Services.
5. The design of the subdivision and its improvements are not likely to
cause substantial environmental damage or substantially damage or substantially
and avoidably injure fish or wildlife or their habitat.
The Project is consistent with the Western Riverside County Multiple Species
Habitat Conservation Plan ("MSHCP'). The EIR states that most of the
potentially significant environmental impacts of the Project have been reduced to a .
level of less than significant through the implementation of project design features,
standard conditions, and project-specific mitigation measures. Specifically, the
EIR states that the Project, inclusive of project design features and mitigation
measures, will mitigate all significant adverse impacts to oak woodlands,
Stephens' kangaroo rat, nesting birds, and jurisdictional features to below a level
of significance. The design of the subdivision and its proposed improvements are
not likely to cause substantial environmental damage or substantially damage or
substantially and avoidably injure fish or wildlife or their habitat.
6. The design of the subdivision and its proposed improvements are not
likely to cause serious public health problems.
The EIR states that most of the potentially significant impacts of the Project have
been reduced to a level of less than significant through the implementation of
project design features, standard conditions, and project-specific mitigation
measures. Specifically, the Draft Environmental Impact Report states that
implementation of standard local, state, and federal regulations and mitigation
measures governing human health hazards, risk of upset and emergency
preparedness would reduce public health and safety impacts to less than
significant levels. The design of the subdivision and its proposed improvements are
not likely to cause serious public health problems.
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7. The design of the subdivision and its improvements will not conflict
with easements, acquired by the public at large, for access through, or use of,
property within the proposed subdivision.
The Project Site is not subject to any easement for access through, or use of,
property within the subdivision. The design of the subdivision and its
improvements will not conflict with easements, acquired by the public at large,for
access through, or use of,property within the proposed subdivision.
8. The design of the subdivision provides, to the greatest extent possible,
for future passive or natural heating or cooling opportunities in the subdivision
(Government Code Section 66473.1).
Government Code Section 66473.1(b)(1) and (2) indicate that examples of passive
or natural heating and cooling opportunities in subdivision design include design
of lot size and configuration to permit orientation of a structure in an east-west
alignment for southern exposure, and to permit orientation of a structure to take
advantage of shade or prevailing breezes. The Project subdivision has been
designed to include a variety of lot sizes ranging from 3,000 square feet to over
20,000 square feet, and a variety of lot configurations. Lot configurations and lot
sizes were determined based upon the consideration of multiple factors, including,
but not limited to: passive or natural heating or cooling opportunities, contours,
circulation, access, open space buffers and biological resources.
Because much of the site is a north facing slope, passive or natural heating
opportunities are limited. Similarly, opportunities were limited to orient the lots to
take advantage of southwest prevailing winds due to site contours. Where feasible,
lots were configured to permit orientation of a structure in an east-west alignment
for southern exposure and to permit orientation of a structure to take advantage of
shade or prevailing breezes. Additionally, the Project will comply with all
appropriate energy conservation requirements of the City and Uniform Building
Code.
SECTION 3. Based upon the above findings, the Staff Report, conditions
of approval, EIR and documentary and oral testimony presented, the City Council
hereby approves Tentative Tract Map No. 34249.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
CITY COUNCIL RESOLUTION NO. 2007-07
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PASSED, APPROVED AND ADOPTED this 23rd day of January 2007,
by the following vote:
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
obert Magee, yor
City of Lake El ' ore
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Frederick Ray, CMC, City Jerk
AP OVED TO O
i
arbara Z i Leibold, City Attorney
City of L e Elsinore