HomeMy WebLinkAboutPC Reso 2023-26 PA 2018-02 CUP 2023-03 Approval for Condos
RESOLUTION NO. 2023-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF
CONDITIONAL USE PERMIT NO. 2023-03 TO ESTABLISH A FIVE-UNIT
RESIDENTIAL CONDOMINIUM ON AN APPROXIMATELY 0.34-ACRE PARCEL
LOCATED 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, Section 17.415.070.A of the Lake Elsinore Municipal Code (LEMC) provides
that certain uses have operational characteristics that, depending on the location and design of
the use, may have the potential to negatively impact adjoining properties, businesses or residents
and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the
City to comprehensively review and approve the use; and,
Whereas, pursuant to Section 17.415.070 (Conditional Use Permit), Section 17.410.070
(Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning
Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to the review of conditional use permits;
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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: The Commission has considered the project prior to making a
recommendation to the City Council and has found it acceptable.
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 LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding Conditional Use Permit No. 2023-03:
1. That the proposed use is in accord with the objectives of the General Plan and the purpose
of the planning district in which the site is located.
DocuSign Envelope ID: 9758A4B1-832E-463E-A0A5-4B5A553C230E
PC Reso. No. 2023-26
Page 2 of 4
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 previous site development
permit, the project is consistent with the General Plan.
2. The proposed use will not be detrimental to the general health, safety, comfort or general
welfare of persons residing or working within the neighborhood of the proposed use or the
City, or injurious to property or improvements in the neighborhood or the City.
The proposed use will not be detrimental to the general health, safety, comfort or general
welfare of persons residing or working within the neighborhood of the proposed use or the
City, or injurious to property or improvements in the neighborhood or the City because the
proposed residential condominium is compatible with surrounding land uses which consist
predominantly of residential and neighborhood-scale office buildings. Furthermore, the
proposed condominium use will not result in any infrastructural impacts because the site
of the proposed condominium is located in a developed, urban setting with existing
approved access to surrounding roadways and availability to connect to utilities including
water, sewer and power.
3. The site is adequate in size and shape to accommodate the use, and for all the yards,
setbacks, walls or fences, landscaping, buffers and other features required by this title.
The site is adequate in size and shape to accommodate the use, and for all the yards,
setbacks, walls or fences, landscaping, buffers and other features required by the
Municipal Code because the proposed on-site multi-family residential development was
previously approved and reviewed for conformance with the development standards of the
Residential Mixed Use zoning district. Maintenance of common area improvements, such
as walls and landscaping, will be the responsibility of a property owner association which
must be formed prior to issuance of certificate(s) of occupancy for the project.
4. The site for the proposed use relates to streets and highways with proper design both as
to width and type of pavement to carry the type and quantity of traffic generated by the
subject use.
The site for the proposed use relates to streets and highways with proper design both as
to width and type of pavement to carry the type and quantity of traffic generated by the
subject use because the project has been conditioned to construct half width
improvements and dedicate right-of-way on the alley such that the ultimate right-of-way
width conforms to standard alley cross sections. Impacts to traffic levels of service at
nearby intersections caused by the development are presumed to be less than significant
and do no require additional study or mitigation through improvements.
5. In approving the subject use at the specific location, there will be no adverse effect on
abutting properties or the permitted and normal use thereof.
DocuSign Envelope ID: 9758A4B1-832E-463E-A0A5-4B5A553C230E
PC Reso. No. 2023-26
Page 3 of 4
The project has been thoroughly reviewed and conditioned by applicable City departments
thereby to avoid adverse effects on abutting properties and the permitted and normal use
thereof.
6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, 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.
Pursuant to Section 17.415.070.B of the LEMC, the project was considered by the
Planning Commission at a duly noticed Public Hearing on April 18, 2023, appropriate and
applicable conditions of approval have been included to protect the public health, safety
and general welfare.
Section 4: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the project, the Commission hereby approves Conditional Use Permit
No. 2023-03.
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. 2023-26 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:
DocuSign Envelope ID: 9758A4B1-832E-463E-A0A5-4B5A553C230E
PC Reso. No. 2023-26
Page 4 of 4
AYES: Commissioners Peters and Klaarenbeek, Vice Chair Carroll
NOES:
ABSTAIN:
ABSENT: Commissioner Gray; Chair Dobler
Damaris Abraham,
Interim Assistant Community Development Director
DocuSign Envelope ID: 9758A4B1-832E-463E-A0A5-4B5A553C230E