3.a. 2/26/2015 TO: FROM: SUBJECT: Local Agency Formation Commission Crystal M. Craig, Local Government Analyst II LAFCO 2014-12-1-ANNEXATION 21 TO COUNTY SERVICE AREA 134. (SPECIFIC PLAN 327) EXECUTIVE SUMMARY AND GENERAL RECOMMENDATION: This proposal requests the annexation of approximately 975 acres for Specific Plan 327, which includes Tentative Tract Map No. 36643 and 36593-1 thru -7 into County Service Area (CSA) 134. The purpose of this proposal is to provide street lighting, landscaping and park services. The proposed project is within the Temescal Valley area. Specific Plan 327 has to meet conditions of approval set by the County of Riverside to annex the Specific Plan into County Service Area 134. Staff recommends approval of this proposal as submitted by the applicant, Forestar Toscana, LLC. GENERAL INFORMATION: APPLICANT: Forestar Toscana, LLC, 4590 MacArthur Blvd., Suite 600, Newport Beach, CA 92660, sole landowner and 100% landowner consent. LOCATION: Generally located northwest of Indian Truck Tr. and Temescal Canyon Rd. POPULATION: There are zero persons living within the boundaries of this proposal. REGISTERED VOTERS: This proposal contains no registered voters living within the annexation boundaries, making this proposal legally uninhabited.
LAFCO 2014-12-1 Page 2 February 26, 2015 ACREAGE: This proposal contains approximately 975 acres of uninhabited territory. CEQA DETERMINATION: The County of Riverside, as lead agency, had previously prepared and certified Environmental Impact Report (EIR) No. 439 (Toscana Specific Plan No. 327) and prepared Addendum Number 1 to that EIR, which includes Tentative Tract Map Numbers 36643 and 36593-1 thru -7 to address minor project changes, under the California Environment Quality Act (CEQA). As a responsible agency under CEQA, the Commission is required to review the environmental documentation prepared by the lead agency and consider the information and environmental impacts identified. The EIR was previously transmitted to the Commission. If the Commission determines to approve the annexation, it must consider the findings of significant environmental effect and the Statement of Overriding Considerations. EXISTING CONDITIONS: The site is vacant. LAND USE PLANS: Specific Plan proposed to maintain the maximum unit count of 1,443 single-family and multi-family residential homes (MDR Medium Density Residential) permitted by SP 327. Open Space-Conservation Habitat acreage is 544.3 acres. TTM 36643 would subdivide an approximately 331.8-acre portion of the subject property to establish parcels in conformance with the Planning Area boundaries proposed as part of SP 327A1. TR 36643 would create seven residential lots ranging in size from approximately 13.6 acres to 32.2 acres, three park lots, two water quality/detention basin lots, one storm drain outlet lot, thirteen open space lots, and three circulation/access lots (public and private roads). SIGNIFICANT ISSUES: Proposed Services: Economic Development Agency has provided a Plan of Services in support of this annexation. Approved street tract light plans for TTM 36643 include the installation of 41 street lights. TTM 36593-1 will include the installation of 13 street light and 14 street lights within TTM 36593-7 per Riverside County Standard 1001.
LAFCO 2014-12-1 Page 3 February 26, 2015 TAXES AND ASSESSMENTS: The annual County Service Area 134 assessment cost for street lights will be in the range of $28.86 to $2,075.86 per lot per year for Fiscal Year 2014-2015. Actual assessment will be subject to an engineer s report after the annexation is completed. COMMENTS FROM AFFECTED AGENCIES/INTERESTED PARTIES: There have been no significant comments received from any affected agency concerning this proposal. CONCLUSION: Forestar Toscana, LLC initiated this application as a condition of approval to provide street lighting, landscaping and park services for Specific Plan 327. This annexation is approximately 975 acres and has the support of 100% of the affected landowners. The County Service Area Project Manager has provided a Plan of Services in support of this annexation. LAFCO staff recommends approval of Annexation 21 to County Service Area 134. SPECIFIC RECOMMENDATIONS: Based upon the factors outlined above, IT IS RECOMMENDED that the Commission adopt a resolution taking the following actions: 1. Find that the County of Riverside, as lead agency under the California Environment Quality Act (CEQA), had previously prepared and certified Final Environmental Impact Report (EIR) No. 439 (Toscana Specific Plan No. 327) and prepared Addendum Number 1 to that EIR, which includes Tentative Tract Map Numbers 36643 and 36593-1 thru -7 to address minor project changes, under CEQA. The Commission, as a responsible agency under CEQA, has reviewed and considered the environmental effects of the project as shown in the addenda with the Final EIR No. 439. Although the proposed project could have a significant effect on the environment, a Subsequent or Supplemental EIR is not required under CEQA Guidelines sections 15162, 15163 and 15164 because the changes proposed as part of the project would not substantially increase the severity of the of impacts to the environment as compared to impacts that were evaluated and disclosed as part of Final EIR No. 439 and the addenda thereto; nor will it result in any new significant impacts
LAFCO 2014-12-1 Page 4 February 26, 2015 that were not previously identified in the Final EIR and prior addenda. The proposed project will not require major revisions to the previous EIR. Additionally, no new information of substantial importance regarding new significant impacts has become available which was not known at the time the previous EIR was prepared. Accordingly, NO FURTHER ENVIRONMENTAL DOCUMENTATION IS REQUIRED because (a) all potentially significant effects of the proposed project have been adequately analyzed in the EIR and addenda prepared by the lead agency pursuant to applicable legal standards, (b) all potentially significant effects of the proposed project have been avoided or mitigated pursuant to the EIR, (c) the proposed project will not result in any new significant environmental effects not identified in the EIR, (d) the proposed project will not substantially increase the severity of the environmental effects identified in the EIR, (e) no considerably different mitigation measures have been identified and (f) no mitigation measures found infeasible have become feasible. 2. Determine that the annexation is consistent with all applicable spheres of influence; 3. Determine that the proposal has the written consent of 100% of the affected landowners; 4. Approve LAFCO 2014-12-1-ANNEXATION 21 TO COUNTY SERVICE AREA 134 (SPECIFIC PLAN 327), subject to the following terms and conditions. a. In accordance with Government Code Section 56886 (t) and 57330, the subject territory shall be subject to the levying and collection of any previously authorized charge, fee, assessment of tax of the County Service Area. b. Riverside County shall defend, indemnify, and hold harmless the Riverside Local Agency Formation Commission ( LAFCO ), its agents, officers, and employees from any claim, action, or proceeding against LAFCO, its agents, officers, and employees to attach, set aside void, or annul and approval of LAFCO concerning this proposal. 5. Pursuant to Government Code Section 56662(d), waive Protest Proceedings, and make the following determinations:
LAFCO 2014-12-1 Page 5 February 26, 2015 a. The affected territory is uninhabited. b. The proposal has the support of 100% of the affected landowners. 6. Direct the Executive Officer to prepare and execute a Certificate of Completion upon receipt of fees required by Government Code Section 54902.5 (made payable to the State Board of Equalization). Respectfully submitted, Crystal M. Craig Local Government Analyst II