HomeMy WebLinkAboutCC Reso No 2009-05
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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.
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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.
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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
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STATEOF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
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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