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HomeMy WebLinkAboutCC Reso No 2009-05 n n n RESOLUTION NO. 2009-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 36164 FOR THE DIAMOND PROFESSIONAL PLAZA WHEREAS, Michael Levin, of Excel Engineering representing property owner Sebastian Cerda (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 36164 ("the Subdivision"), in conjunction with Conditional Use Permit No. 2008-27 ("the CUP") and with the improvements already constructed under entitlements granted by Commercial Design Review No. 2006-16 ("the Design"); and WHEREAS, the Developer proposes the subdivision on a 1.05.:!: acre site located on the east side of South Diamond Drive, 825 feet south of Mission Trail/Lakeshore Drive, and north of Campbell Street, within the East Lake specific Plan, at 425 South Diamond Drive, and known as Assessor's Parcel No. 363-162-040 (the "Site"); and WHEREAS, Tentative Parcel Map No. 36164 is a one lot subdivision for condominium purposes, subdividing an existing 10,404 square foot medical office building into five (5) individual units; and WHEREAS, the City Council has authority to approve, conditionally approve, or deny subdivisions; and WHEREAS, pursuant to the Lake Elsinore Municipal Code, the Planning Commission reviewed the requested Subdivision and recommended to the City Council approval of Tentative Parcel Map No. 36164; and WHEREAS, public notice of the Subdivision has been given, and the City Council has considered evidence presented by the Planning Commission, Community pevelopment Department and other interested parties at a public meeting held with respect to this item on March 10, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposal for the Subdivision of the Diamond Professional Plaza prior to making a decision and has found it acceptable. SECTION 2. The City Council has considered Categorical Exemption Class 1 - Existing Facilities as described in Section 15301 of the California Environmental Quality Act (CEQA) Guidelines. Class 1 consists of minor alterations to existing private structures, and under Subsection (k) identifies the subdivision of existing commercial buildings, where no physical changes occur, as falling within Class 1. Appropriate findings were made, and the City Council approves a Notice of Exemption for Tentative Parcel Map No. 36164. n II n SECTION 3. That in accordance with the Subdivision Map Act and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval ofTentative Parcel Map No. 36164: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the goals and objectives, policies, general land uses, and programs specified in the General Plan (Government Code Section 66473.5). The General Plan and Zoning Map designate the site as within the East Lake Specific Plan (ELSP). The ELSP identifies this area for General Commercial uses. Subdividing the existing commercial building into five independently owned condominiums is a common and acceptable practice. The project and its uses are consistent with the goals and objectives of the ELSP and therefore the City's General Plan in providing suitable commercial opportunities for its residents. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. The ELSP and General Plan call for general commercial development in this area, to seNe local residents of the East Lake Specific Plan, as well as the general populace of the City. The site is generally flat and easily accessible. 3. The effects that this project are 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. a. The subdivision is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public seNices and fiscal resources were scrutinized to achieve a balance within the City. b. The project provides a centrally located medical office building to seNe the needs of the City's residents. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The subdivision is conditioned to comply with all development standards of the ELSP and the City's Zoning Code which were implemented by Commercial Design Review No. 2006-16. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been examined and incorporated into Tentative Parcel Map No. 36164. n n n ,I I I II The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval. ,. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the Resolution approving Tentative Parcel Map No. 36164, the City Council hereby approves Tentative Parcel Map No. 36164. b. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this tenth day of March 2009. B RT E. MAG ,MAYOR CITY OF LAKE E SINORE CAROL CO LEY INTERIM CITY CLELRK n n n STATEOF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-5 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 10th day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Robert Magee, Mayor Pro Tem Melissa Melendez, Councilwoman Amy Bhutta, Councilman Thomas Buckley, Councilman Daryl Hickman None None None CAROL COWLEY INTERIM CITY CLERK