HomeMy WebLinkAbout2023-040 Planning Application No. 2018-02 (New Ventures) TTM ResolutionRESOLUTION NO. 2023-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 38616 TO
SUBDIVIDE AN APPROXIMATELY 0.34-ACRE PARCEL INTO ONE LOT FOR
CONDOMINIUM PURPOSES AND TO CONVERT AN EXISTING APARTMENT
COMPLEX INTO FIVE RESIDENTIAL CONDOMINIUM UNITS AT APN: 374-
183-018
Whereas, Eric and Connie Kong, China Star International, Inc., has filed an application
with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-02
(Conditional Use Permit No. 2023-03 and Tentative Tract Map No. 2022-04) proposing Tentative
Map No. 38616 to subdivide an approximately 0.34-acre parcel into one lot for condominium
purposes and to convert an existing apartment complex into five residential condominium units.
The project site is located at the northwest corner of Graham Avenue and Lowell Street (APN:
374-183-018); and,
Whereas, pursuant to Chapter 16.24 (Tentative Map), Section 17.410.070 (Approving
Authority) 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 the review of tentative maps; and,
Whereas, on April 18, 2023, 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 adopted a resolution recommending that the Council approve Tentative
Tract Map No. 38616 in conjunction with Conditional Use Permit No. 2023-03; and,
Whereas, pursuant to Chapter 16.24 (Tentative Map) and Section 17.410.070 (Approving
Authority) of the Lake Elsinore Municipal Code (LEMC), the Council has been delegated with the
responsibility of making decisions to approve, conditionally approve or disapprove applications
for approval of tentative maps; and,
Whereas, on May 9, 2023, 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 Tentative Tract Map No. 38616
pursuant to the appropriate Planning and Land Use Laws, the Lake Elsinore General Plan (GP)
and Chapter 16 (Subdivisions) of the LEMC.
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.) pursuant to CEQA
Guidelines Section 15301(k) (Class 1: Existing Facilities) because the project involves the
subdivision of an existing building into condominium units and no physical changes are proposed.
Section 3: That in accordance with State Planning and Land Use Laws and the LEMC,
the Council makes the following findings for approval of Tentative Tract Map No. 38616:
DocuSign Envelope ID: 6B32B281-4820-4279-8008-895ECDFEFF12
CC Reso. No. 2023-40
Page 2 of 4
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 site is located in the Historic District and has a General Plan land use
designation of Residential Mixed Use (RM). This designation provides for a mix of
residential and non-residential uses within a single proposed development area with an
emphasis on high-density residential uses. The project site has been previously approved
for the construction of a new five-unit apartment complex. The application proposes to
divide the approximately 0.34-acre building site into one lot for condominium purposes
and to convert the existing apartments into five residential condominium units. Therefore,
upon adherence to the conditions of approval imposed on the previously approved site
development permit, 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 project site is currently being developed with a new five-unit apartment complex. The
application proposes to create a common area parcel and to convert the existing
apartments into five residential condominium units. Furthermore, the proposed subdivision
will not alter the previously approved building size or development intensity.
3. That the design of the proposed division of land or the proposed improvements are likely
to cause substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat;
The project site is currently being developed with an apartment complex. The project is
proposing to establish a common area parcel and to convert the existing apartments into
five residential condominium units. No physical changes to the site or structures are
proposed by the application. Therefore, the proposed subdivision will neither cause
substantial environmental damage nor impact wildlife species or their habitat.
4. That the design of the proposed division of land or the type of improvements will conflict
with easements, acquired by the public at large, for access through or use of property
within the proposed division of land.
Because the proposed subdivision is confined to the division of an existing building into
condominium units and the creation of a common area parcel, the proposed subdivision
will not conflict with public access easements.
5. The design of the proposed division of land or type of improvements is not likely to cause
serious public health problems.
The tentative map has been adequately conditioned by all applicable departments and
agencies and will not result in any significant environmental impacts. The proposed
project, subject to permit conditions of approval, will not be detrimental to the public health,
safety, or welfare or materially injurious to properties or improvements in the vicinity.
DocuSign Envelope ID: 6B32B281-4820-4279-8008-895ECDFEFF12
CC Reso. No. 2023-40
Page 3 of 4
6. 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 will convert five newly constructed apartment units into condominium units.
The project does not involve the demolition of existing housing units. Adequate levels of
public service and capacity, including fire protection, police protection, schools, and parks,
are available to the proposed subdivision site. The subdivider will also pay development
impact fees to offset the costs associated with providing governmental services to the
population increase resulting from the project.
7. The design of the subdivision provides future passive or natural heating or cooling
opportunities within the subdivision.
In accordance with Government Code Section 66473.1(d), the requirement to provide
future passive or natural heating or cooling opportunities is not applicable to condominium
projects which consist of airspace subdivisions in an existing building when no new
structures are added.
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. 38616.
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 9th day of May 2023.
Natasha Johnson
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
DocuSign Envelope ID: 6B32B281-4820-4279-8008-895ECDFEFF12
CC Reso. No. 2023-40
Page 4 of 4
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. 2023-40 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of May 9, 2023 and that the same was adopted by the following vote:
AYES: Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson
NOES: None
ABSENT: Council Member Tisdale
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
DocuSign Envelope ID: 6B32B281-4820-4279-8008-895ECDFEFF12