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Home My WebLink AboutCC Reso No 2009-34 RESOLUTION NO. 2009-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 36193 FOR POTTERY COURT WHEREAS, Bridge Housing Corporation (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 36193 ("the Map"), in conjunction with the improvements proposed for construction and management under Residential Design Review No. 2009-02 (the "Design"), which Map and Design are collectively referred to herein as the "Project"; and WHEREAS, the Developer proposes the Map in order to merge 23 lots into a 4.3+ acre site located north of Sumner Avenue, south of Pottery, east of Langstaff, and west of the flood control channel, and known as Assessor's Parcel Nos. 374-071-003 thru 014, -026, and -027; 374-072-018, -020, -022, -026, -028, -030, -032, -034 and - 036 (the "Site"); and WHEREAS; Tentative Parcel Map No. 36193 results in a one lot subdivision, enabling the construction of the Pottery Court apartment complex; and WHEREAS, in accordance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.: "CEQA Guidelines"), the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in-fill development projects; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding subdivisions; and WHEREAS, on June 2, 2009, the Planning Commission considered the Map and recommended that the City Council approve the map subject to the proposed conditions of approval; and WHEREAS, public notice of the Map has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 23, 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 Tentative Parcel Map No. 36193 for the Pottery Court apartment complex prior to making a decision and has found it II acceptable. CITY COUNCIL RESOLUTION NO. 2009-34 PAGE 2OF5 n SECTION 2. The City Council hereby finds and determines that the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the City Council finds that: 1. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 2. The Project will occur within the City limits on a project site that is less than (5) acres and the site is substantially surrounded by urban uses. 3. The Project site currently consists of eleven single family residential dwelling units, parking, and vacant land and has no value as habitat for endangered, rare or threatened species. Moreover, as indicated in that certain Habitat Assessment Report for the Proposed Pottery Court Project Site dated for identification purposes as of March 16, 2009, the Project is not located within an MSHCP criteria cell and is consistent with the MSHCP Section 6 Plan Wide Requirements. No suitable habitat occurs on site and therefore no focused surveys are required. 4. Pursuant to that certain Traffic, Air Quality and Noise Analysis prepared by the Planning Center for the Pottery Court project dated for identification purposes as of April 2009, approval of the Project will not result in significant effects relating to traffic, noise or air. Furthermore, pursuant to that certain Water Quality Management Plan prepared for Pottery Court by SB&O, ' Inc. dated for identification purposes as of April 27, 2009, the approval of the Project will not result in any significant effects relating to water quality. Finally, pursuant to that certain Phase I Cultural Resources Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, and that certain Pre-Construction Paleontological Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, approval of the Project will not result in any significant effects relating to cultural or archeological resources on the Pottery Court site. 5. The Project Site can be adequately served by all required utilities and public services. 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 in support of its approval of Tentative Parcel Map No. 36193: 1. The proposed subdivision, together with the provisions for its n design and improvements, is consistent with the goals and objectives, policies, 1 general land uses, and programs specified in the General Plan (Government Code Section 66473.5). CITY COUNCIL RESOLUTION NO. 2009-34 PAGE 3 OF 5 The General Plan and Zoning Map designate the site as HD - High Density Residential and R-3 - High Density Residential, respectively. The Map appropriately combines 23 lots in order for the applicant to construct and manage a 113-unit apartment complex that is consistent with high density residential development. 2. The site of the proposed division of land is physically suitable for the density of development in accordance with the General Plan. The General Plan calls for high density residential in this area, to serve local residents within walking distance to commercial businesses along Main Street, schools and daycare facilities within a three-block radius, and neighborhood churches. 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. The project is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. The Pottery Court project will contribute 111 affordable housing units, all of which count toward the ~i Agency's inclusionary housing obligations and the City's Regional Housing I Needs Allocation for very-low income households. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The Project is conditioned to comply with the R-3 development standards of the City's Zoning Code. Further, the site must comply 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. 5. The design of the proposed merging 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 merging of land. All known easements or requests for access have been examined and incorporated into Tentative Parcel Map No. 36193. 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 this resolution, the City Council hereby approves Tentative Parcel Map No. 36193. CITY COUNCIL RESOLUTION NO. 2009-34 PAGE 4 OF 5 i SECTION 5. The City Clerk shall certify to the passage and adoption of this I resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED this 23rd day/of June, 2009. obert E. Magee, or ATTEST: C Debora Thorhs dn, City Clerk APP SVED.-AST OR B ara Leibol , City Attorney CITY COUNCIL RESOLUTION NO. 2009-34 PAGE 5 OF 5 I STATE OF CALIFORNIA l SS I COUNTY OF RIVERSIDE I CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-34 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 23rd day of June 2009, and that the same was adopted by the following vote: AYES: Mayor Robert Magee, Mayor Pro Tern Melissa Melendez, Councilmember Amy Bhutta, Councilmember Thomas Buckley, Councilmember Daryl Hickman NOES: None ABSENT: None ABSTAIN: None DEBORA THOMSEN CITY CLERK i 11