HomeMy WebLinkAboutPC Reso No 2009-15
n
n
n
RESOLUTION NO. 2009-15
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008-27
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 Conditional Use Permit No. 2008-27 ("the project"), in
conjunction with Tentative Parcel Map No. 36164 ("the Subdivision") and the
improvements that have been constructed under entitlements granted by Commercial
Design Review No. 2006-16 ("the Design"); and
WHEREAS, the Developer proposes the subdivision on a 1.052: 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, condominium projects require the approval of a conditional use
permit in accordance with Section 17.88.100 of the City of Lake Elsinore Municipal
Code; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of reViewing and approving conditional use permits;
and
WHEREAS, public notice of the project has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public meeting held with respect to this
item on February 17, 2009.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered Conditional Use Permit
No. 2008-27 for the Diamond Professional Plaza prior to making a decision and has
found it acceptable.
SECTION 2. The Planning Commission 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
Agenda Item No. _
Page_of_
n
n
n
PLANNING COMMISSION RESOLUTION NO. 2009-15
PAGE 2 OF 4
existing commercial buildings, where no physical changes occur, as falling within
Class 1. Appropriate findings were made, and the Planning Commission recommends
that the City Council approve a Notice of Exemption for Tentative Tract Map No.
36164 and Conditional Use Permit No. 2008-27.
SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code,
the Planning Commission makes the following findings for the approval of Conditional
Use Permit No. 2008-27:
1. The proposed use, on its own merits and within the context of its setting,
is in accord with the objectives of the General Plan and the purpose of the planning
district in which the site is located.
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 proposed use will not be detrimental to the general health, safety,
comfort, or general welfare of persons residing or working within the neighborhood of
the proposed use of the City, or injurious to property or improvements in the
neighborhood or the City.
The project provides a centrally located medical office building to serve the
needs of the City's residents.
The project has been designed and constructed to be compatible with adjacent
uses.
3. The site for the intended use is adequate in size and shape to
accommodate the use, and for all the yards, setbacks, walls or fences, landscaping,
buffers and other features required by this title.
The project has been designed and constructed to be compatible with adjacent
uses.
Development standards of the City have been addressed and complied with
during construction.
4. The site for the proposed use relates to streets and highways with proper
design both as to width and type of pavement to carry the type and quantity of traffic
generated by the subject use.
5. In approving the subject use at the specific location, there will be no
adverse effect on abutting property or the permitted and normal use thereof.
Agenda Item No. _
Page_of_
A
n
n
II
PLANNING COMMISSION RESOLUTION NO. 2009-15
PAGE 3 OF 4
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. Further, the site complies with the Americans with
Disabilities Act for access. These standards and conditions have been prepared
and reviewed to benefit the public health, safety and welfare.
6. Adequate conditions and safeguards pursuant to LEMC 17.168.050 have
been incorporated into the approval of the conditional use permit to ensure that the
use continues in a manner envisioned by these findings for the term of the use.
The map has been circulated to City departments and outside agencies, and
appropriate conditions of approval have been applied for their approval.
Covenants, Conditions and Restrictions, required by the City, shall ensure
proper maintenance and compliance with City standards.
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 Planning Commission hereby approves Conditional Use Permit No.
2008-27.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
~
ATTEST:
~~o-~
Tom Weiner
Acting Director of Community Development
Agenda Item No. _
Page_of_
n
In
n
PLANNING COMMISSION RESOLUTION NO. 2009-15
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
)
)ss.
)
I, TOM WEINER, Acting Director of Community Development of the City of
Lake Elsinore, California, hereby certify that Resolution No. 2009- 15 was
adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting
held on the 1th day of February 2009, and that the same was adopted by the following
vote:
AYES:
CHAIRMAN AXEL ZANELLI, VICE-CHAIRMAN JIMMY FLORES,
COMMISSIONER'S JOHN GONZALES, PHIL MENDOZA, AND
MICHAEL O'NEAL
NOES:
ABSENT:
NONE
NONE
ABSTAIN:
NONE
J _\^Q
Tom Weiner
Acting Director of Community Development
Agenda Item No. _
Page_of_
n
n
n
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 36164 & CONDITIONAL USE PERMIT NO. 2008-27.
FOR THE "DIAMOND PROFESSIONAL PLAZA." @ 425 SO. DIAMOND DRIVE.
APN 363-162-040.
Revised bv Plannina Commission. 2.17.09
PLANNING DIVISION
1. Tentative Condominium Parcel Map No. 36164 will expire two (2) years from the
date of approval unless within that period of time the CC&Rs has been filed and
recorded with the County Recorder, or an extension of time is granted by the City
of Lake Elsinore City Council in accordance with the Subdivision Map Act.
2. Tentative Condominium Parcel Map No. 36164 shall comply with the State of
California Subdivision Map Act and shall comply with all applicable requirements of
the Lake Elsinore Municipal Code (Title 16), unless modified by approved
Conditions of Approval.
3. Conditional Use Permit No. 2008-27 will expire with the expiration of Tentative
Condominium Parcel Map No. 36164.
4. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Officials, Officers, Employees, or
Agents, concerning the project attached hereto.
5. The City intends to file a Notice of Exemption with the Riverside County Clerk's
office within five (5) business days from the approval of this project by the City
Council. The applicant shall forward to the Planning Division secretary, a check
made payable to the Riverside County Clerk, in the amount of $64.00 to pay for the
cost of such filing. This check shall be received by the secretary no more than 48
hours from the approval by the Council.
6. All site improvements shall be constructed as indicated on the approved site plan
and building elevations for Commercial Design Review No. 2006-16, or as
specified by these Conditions of Approval. Any revisions to the approved exhibits
shall be subject to the review and approval of the Director of Community
Development or his designee.
7. /\pplicant shall meet all ^mericans with Disabilities /\ct requirements fer accoss to
all buildin€ls in the project.
Deleted by Planning Commission, February 17,2009
Page 1 of4
n
In
n
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 36164 & CONDITIONAL USE PERMIT NO. 2008-27,
FOR THE "DIAMOND PROFESSIONAL PLAZA," <w. 425 SO. DIAMOND DRIVE,
APN 363-162-040.
Revised bv Plannina Commission. 2-17-09
8. This project lies within Project Area No.2, Area B of the Redevelopment Agency
Project Area Map.
9. No unit in the development shall be sold unless and until the final map has been
recorded.
PRIOR TO FINAL PARCEL MAP:
10. A precise survey with closures for boundaries and all lots shall be provided per the
LEMC.
11. Prior to final map approval, the applicant shall initiate and complete the formation
of a property owners' association approved by the City, recorded and in place. All
Association documents shall be reviewed and approved by the City and recorded,
such as the Articles of Incorporation and Covenants, Conditions and Restrictions
(CC & R's). The POA shall be responsible for the maintenance of all common
areas, open space areas, slopes, drive aisles and streets, parking spaces,
landscaping and maintenance easement areas within the project. The POA shall
maintain or shall coordinate with the appropriate agency approved by the Director
of Community Development or his designee, for such maintenance.
a. In the event that the Property Owners' Association fails to meet its
responsibilities with regards to the maintenance of open space areas, the
City's Lighting, Landscaping and Maintenance District shall automatically
provide such maintenance and assess the POA for such service.
b. CC&Rs shall prohibit roof-mounted microwave satellite antennas unless
they are architecturally screened from view.
c. The CC&Rs shall expressly designate the City of Lake Elsinore as a Third
party beneficiary to the CC&Rs such that the City has the right, but not the
obligation, to enforce the provisions of the CC&Rs.
d. The CC&Rs shall designate the property owners' association as the entity
responsible for utilities, maintenance, repair, irrigation, stability of all
slopes, and landscaping within the common area as such term is defined
in the CC&Rs.
Page 2 of4
n
In
n
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 36164 & CONDITIONAL USE PERMIT NO. 2008-27.
FOR THE "DIAMOND PROFESSIONAL PLAZA." lW 425 SO. DIAMOND DRIVE.
APN 363-162-040.
Revised bv Plannina Commission. 2-17-09
e. The CC&Rs shall require reciprocal access easements by and between all
property owners for the use of all driveways, drive aisles and parking
spaces.
f. The CC&Rs shall define and limit appropriate use of driveways, drive
aisles, and landscape areas surrounding buildings.
12. No unit in the development shall be sold unless a corporation, association, property
owners' group or similar entity has been formed with the right to financially assess
all properties individually-owned or jointly owned which have any rights or interests
in the use of the common areas and common facilities in the development. Such
assessment power shall be sufficient to meet the expenses of such entity, and with
authority to control, and duty to maintain, all said mutually available features of the
development. Such entity shall operate under recorded CC&Rs which shall include
compulsory membership of all owners and successive owners of lots and/or office
units and flexibility of assessments to meet changing costs of maintenance, repairs
and services. The developer shall submit evidence of compliance with this
requirement prior to making any such sale.
13. All lots shall comply with building codes in effect at the City.
14. All storm drains are to be maintained in accordance with the cooperative
agreement with the Riverside County Flood Control and Water Conservation
District.
15. The developer shall request a Will Serve Letter from the Elsinore Valley Municipal
Water District for any new usage onsite.
BUILDING DIVISION
16. The City's Building Manager shall be notified and approve of any use of the units
other than the originally approved medical offices.
ADMINISTRATIVE SERVICES DEPARTMENT - None.
RIVERSIDE COUNTY FIRE DEPARTMENT - Previously approved Conditions of
approval for Commercial Design Review No. 2006-02 apply to this project.
Page 3 of 4
n
n
In
CONDITIONS OF APPROVAL FOR
TENTATIVE PARCEL MAP NO. 36164 & CONDITIONAL USE PERMIT NO. 2008-27.
FOR THE "DIAMOND PROFESSIONAL PLAZA." @. 425 SO. DIAMOND DRIVE.
APN 363-162-040.
Revised bv Plannina Commission. 2.17.09
ENGINEERING DIVISION - Previously approved Conditions of Approval for
Commercial Design Review No. 2006-02 apply to this project.
PARKS AND RECREATION DEPARTMENT - None.
OTHER AGENCIES - None.
(End of Conditions)
Page 4 of 4