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HomeMy WebLinkAboutCC Reso No 2018-123 TTM 37319 APN 363-162-027RESOLUTION NO. 2018 -123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 37319 FOR A ONE -LOT SUBDIVISION OF A 0.50 -ACRE LOT FOR CONDOMINIUM PURPOSES LOCATED AT APN: 363- 162 -027 Whereas, Abraham Gottlieb, Lake Elsinore Diamond Road, LLC, has filed an application with the City of Lake Elsinore (City) requesting approval Tentative Tract Map No. 37319 for a one -lot subdivision of a 0.50 -acre lot for condominium purposes (Project). The Project will allow the conversion of a building currently under construction into a six unit commercial condominium building. The Project is located northerly of Campbell Street, on the easterly side of Diamond Drive, and westerly of Mission Trail, more specifically referred to as 433 Diamond Drive. (APN: 363- 162 -027); and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the tentative map review; and, Whereas, on August 21, 2018, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to Section 16.24.120 of the LEMC, the Council has the responsibility of making decisions to approve, conditionally approve, or disapprove recommendations of the Commission for tentative maps; and, Whereas, on September 11; 2018, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The Council has reviewed and analyzed the Project pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC and the Subdivision Map Act. Section 2. The Council hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq. "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15315 (Class 15: Minor Land Divisions). Class 15 consists of the division of property in urbanized areas zoned for residential, commercial, or industrial use into four or fewer parcels when the division is in conformance with the General Plan and zoning, no variances or exceptions are required, all services and access to the proposed parcels to local standards are available, the parcel was not involved in a division of a larger parcel within the previous 2 years and the parcel does not have an average slope greater than 20 percent. Section 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Council makes the following findings for approval of Tentative Tract Map No. 37319: CC Reso. No. 2018 -123 Page 2 of 3 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Project has a General Plan Land Use designation of Commercial Mixed Use (CM) and is located within the Ballpark District. The CM Land Use designation provides for a mix of residential and non - residential uses within a single proposed development area, with an emphasis on retail, service, civic and professional office uses. The Project site has been previously approved for the development of a 4,500 sq. ft. commercial office building and is currently under construction. The Tentative Map is proposing to convert the 0.50 -acre lot into a one condominium lot with six units for condominium purposes. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan and the Subdivision Map Act. 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan. The Project site is currently under construction for the development of a 4,500 sq. ft. commercial office building on a 0.50 -acre site. The maximum Floor Area Ratio (FAR) for the Commercial Mixed Use (CM) Land Use Designation is 0.80. The Project site will be developed with FAR of 0.21. The proposed Tentative Map is only proposing to convert this 0.50 -acre lot into a one condominium lot with six units for condominium purposes and will not alter the previously approved density of development. 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 Tentative Map is proposing to convert the 0.50 -acre lot into a one condominium lot with six units for condominium purposes. The development of the proposed commercial office will serve the surrounding residents in the area. The Project will not have a direct impact on housing. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The Project has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. The proposed Project, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Tentative Tract Map No. 37319. Section 5. This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. CC Reso. No. 2018 -123 Page 3 of 3 Passed and Adopted on this 11th day of September 2018. Attest: Susan-M- usan - - Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018 -123 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of September 11, 2018, and that the same was adopted by the following vote: AYES: Council Members Hickman, Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: None ABSTAIN: None Susan M. Domen, MMC City Clerk