ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT NOS. 2024-01 (T.T.
GROUP INC.) AND 2024-02 (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 Tentative Tract Map (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- 01 and 2024-02. 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;
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);
Whereas, pursuant to Chapter 19.12 (Development Agreements) of the Lake Elsinore Municipal Code (LEMC) the Planning Commission (Commission) has been delegated with the responsibility of reviewing and making a recommendation to the City Council (Council) whether the development agreement is consistent with the City’s General Plan and whether to approve the development agreement;
Whereas, on April 16, 2024, at a duly noticed public hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council approve Development Agreement Nos. 2024-01 and 2024-02; and Whereas, on May 14, 2024, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: Pursuant to CEQA Guidelines Section 15162, 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. Subsequent Environmental Impact Report (SEIR) (SCH No. 2004071082) was adopted by the City Council on March 22, 2005. These Development Agreements 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 31370. All potentially Ord. No. 2024-____
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7 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 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 Section
19.12.080.B of the LEMC, the Council makes the following findings regarding Development Agreement Nos. 2024-01 and 2024-02 (collectively, the “Development Agreements”):
1. It is 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. It is 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 Agreements contemplate residential development consistent with the Tuscany Hills Specific Plan’s residential land use designation for this site.
3. It is 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 Agreements will facilitate the development of the residential units. The previously approved map was found not to be detrimental to the Ord. No. 2024-____
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7 health, safety and general welfare.
5. It will not adversely affect the orderly development of property or the preservation of property values;
The proposed Development Agreements 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. It is consistent with the provisions of Government Code Sections 65864 through 65869.5.
The proposed Development Agreements 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 Conditions of Approval imposed upon the project, the Council hereby approves Development Agreement Nos. 2024-01 (T.T. Group Inc.) and 2024-02 (Canadian Pacific Land, LLC and Strack Farms Land, LLC).
Section 4: Severability. If any provision of this Ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the thirty-first (31 st) day after the date of adoption.
Section 6: Certification. The City Clerk shall certify to the passage of this Ordinance and shall cause a synopsis of the same to be published according to law.
Passed, Approved, and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 28th day of May 2024.
____________________________
Steve Manos
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
Ord. No. 2024-____
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7 STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Ordinance No. 2024- _____ was introduced by the City Council of the City of Lake Elsinore, California, at its Regular meeting of May 14, 2024, and adopted at its Regular meeting of May 28, 2024, and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
Ord. No. 2024-____
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7 Exhibit A