HomeMy WebLinkAboutPC Reso 2023-25 PA 2018-02 TTM 38616 & APN 374-183-018 Approval for CondosRESOLUTION NO. 2023-25
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF
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);
Whereas, pursuant to Chapter 16.24 (Tentative Map), Section 17.410.070 (Approving
Authority), and Section 17.410.030 (Multiple Applications) 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 has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: Prior to making a recommendation to the Council, the Commission 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 Commission 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 Commission makes the following findings for approval of Tentative Tract Map No. 38616:
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
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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.
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.
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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 Commission hereby recommends that the
Council approve Tentative Tract Map No. 38616.
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 18th day of April, 2023.
Michael Carroll, Vice Chairman
Attest:
___________________________________
Damaris Abraham,
Interim Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2023-25 was adopted by the Planning
Commission of the City of Lake Elsinore, California, at a regular meeting held April 18, 2023 and
that the same was adopted by the following vote:
AYES: Commissioners Peters and Klaarenbeek; Vice Chair Carroll
NOES:
ABSTAIN:
ABSENT: Commissioner Gray; Chair Dobler
Damaris Abraham,
Interim Assistant Community Development Director
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