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HomeMy WebLinkAbout2021-118 PA 2020-109 Tentative Parcel Map RESOLUTION NO. 2021-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38004 TO SUBDIVIDE ONE (1) PARCEL INTO TWO (2) PARCELS TOTALING 1.09 ACRES IN AREA Whereas, Angie Allen of Steeno Designs, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2020-109 (Conditional Use Permit No. 2021-03, Commercial Design Review No. 2021-06 and Tentative Parcel Map No. 38004). The Project consists of Tentative Parcel Map 38004 to subdivide an existing 1.09-acre site into two (2) lots, a Commercial Design Review application for the purposes of the construction of an 893 square foot new Starbucks restaurant and a Conditional Use Permit to permit a drive through restaurant. The project is located at the northwest corner of the intersection of Riverside and Lakeshore and is more specifically referred to as Assessor Parcel Number (APN) 379-224-015; and, Whereas, pursuant to Chapter 16.24 (Tentative Map) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps; and, Whereas, on August 3, 2021, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and Whereas, pursuant to Chapter 16.24 (Tentative Map), the Council has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission pertaining to tentative maps; and, Whereas, on September 28, 2021, at a duly noticed Public Hearing, the Council has considered 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Prior to approving the tentative map, the Council, has reviewed and analyzed the proposed Project pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC. Section 2: The Council finds that the proposed Project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill Development Projects. The Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, and is within the City’s boundaries on a site less than five acres surrounded by urban uses. The subject property has no value as habitat for endangered, rare or threatened species. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131 CC Reso. No. 2021-118 Page 2 of 3 Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings for approval of Tentative Parcel Map (TPM) No. 38004: 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 General Commercial (GC) and. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a restaurant with a drive through with a 0.06 FAR. Therefore, the Project is consistent with the General Plan 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 overall density and design are consistent and compatible with the adjacent communities. 3. The effects that this project is 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. The Project has a General Commercial (GC) Land Use Designation and will not have a direct impact on housing needs. During the approval of the General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. 4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts. The Project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The Project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. TPM 38004 has been designed in a manner consistent with the General Plan and does not divide previously established communities. 6. The design of the proposed division of land or 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. All known easements or request for access have been incorporated into the design of TPM 38004. The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the Project. DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131 CC Reso. No. 2021-118 Page 3 of 3 Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council approves Tentative Parcel Map 38004. 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. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 28th day of September 2021. Robert E. Magee Mayor Attest: Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2021-118 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of September 28, 2021 and that the same was adopted by the following vote: AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131