HomeMy WebLinkAboutCC Reso No 2009-35
RESOLUTION NO. 2009-35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING
RESIDENTIAL DESIGN REVIEW NO. 2009-02, FOR
"POTTERY COURT"
WHEREAS, Bridge Housing Corporation (the "Developer"), filed an application
with the City of Lake Elsinore requesting approval of Residential Design Review No.
2009-02 ("the Design"), in conjunction with the merging of lots proposed in Tentative
Parcel Map No. 36193 ("the Map), which Design and Map are collectively referred to
herein as the "Project"; and
WHEREAS, the Developer proposes the Design on 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, the Design proposes the construction and management of a 113-
unit project with 111-units available to very-low income households and 2 resident
manager units, a central open space courtyard with tot lot and barbecues, a recreation
facility with swimming pool, a passive recreation area, and a maintenance building ;
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, on June 2, 2009, the Planning Commission considered the Design
and recommended that the City Council approve the Design subject to the proposed
conditions of approval; and
WHEREAS, public notice of the Design and Map has been given, and the City
Council has considered 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 Residential Design Review No.
2009-02 for the Pottery Court apartment complex prior to making a decision and has
found it acceptable.
I
CITY COUNCIL RESOLUTION NO. 2009-35
PAGE 2 OF 5
i 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
r Planning Center for the Pottery Court project dated for identification purposes
II 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&0, 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 City of Lake Elsinore Municipal Code,
the City Council makes the following findings in support of its approval of Residential
Design Review No. 2009-02:
1. The project, as approved, will comply with the goals and objectives of the
Fit General Plan and the zoning district in which the project is located.
CITY COUNCIL RESOLUTION NO. 2009-35
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 project complies with the design directives contained in the LEMC
17.184.060 and all other applicable provisions of the Municipal Code.
The Design provides both private and public open space areas within the
project site. All amenities are easily accessible to residents through walkways
and handicapped path of travel. The Design has considered crime prevention
measures, aesthetics, and the Historic Elsinore Guidelines to achieve
compliance with City rules and regulations.
3. Conditions and safeguards pursuant to LEMC 17.184.070, including
guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure development of
the property in accordance with the objectives of this chapter and the planning
district in which the site is located.
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.
The applicant has signed a Draft Acknowledgment of Acceptance of Conditions.
SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached to the resolution for Tentative Parcel Map No. 36193,
the City Council hereby approves Residential Design Review No. 2009-02.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
resolution and the same shall thereupon take effect and be in force.
PASSED, APPROVED AND ADOPTED this 23rd day of un 009.
obert
E. Magee, or
CITY COUNCIL RESOLUTION NO. 2009-35
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r
` ATTO /
;r!elbora Thomsen "City Clerk
APP OVED AS T RM:
rbara Leibold, City Attorney
CITY COUNCIL RESOLUTION NO. 2009-35
PAGE 5 OF 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ISS
CITY OF LAKE ELSINORE
I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2009-35 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