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HomeMy WebLinkAboutCC Reso No 2007-195RESOLUTION NO. 2007- 195 A RESOLUTIQN OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE CONDOMINIUM PARCEL MAP NO. 35707 FOR MISSION TRAIL OFFICE/COMMERCIAL BUILDING WHEREAS, SB&0 Inc., c/o Russ Westwood, filed an application with the City of Lake Etsinore requesting approval of Tentative Condominium Parcel Map No. 35707 for the conversion of an existing office/commercial building into eighteen individually owned condominium suites (the "ProjecY') on property located at 31900 Mission Trail (APN: 363-172-006); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving Tentative Condominium Maps; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 13, 2007. NOW, THEREFORE, TME CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Froject and has found it acceptable. The City Council finds and determines that the Project is consistent with Title 16 of the Lake Eisinore Municipal Code and Section(s) 66424 and 66427 of the California Government Code. SECTION 2. The California Legislature has determined that certain classes of projects do not have a significant effect on the environment and are therefore exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines"). A Class 1 exemption for existing facilities consists ~f: "...the operation, repair, maintenance, permitting, 1easing, licensing, or minor alteration of existing public or private structures, facilities, mechanical eguipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. ...The key consideration is whether the project involves negligible or no expansion of an existing use." The City Council finds and determines that the Tentative Condominium Parcel Map is exempt form CEQA pursuant to a C/ass 1 exemption for existing facilities. 1 SECTION 3. That in accordance with Government Code Sections 66424 and 66427 and Title 16 of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of the Tentative Condominium Map 35707: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Pian. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Pian (Government Code Section 66473.5). The Project, as designed, assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well as provides decent business opporfunities and a satisfying office environment. 2. The effects that this Project is likely to have upon the economic needs of the region, the business requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The condominium spaces proposed by the Project will serve to enhance and improve the economic needs of the region and the business needs of the Lake Elsinore community by providing additional individually owned office%ommercial condominium space opportunities for local residents and businesses. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval attached as Exhibit A, the City Council hereby approves Tentative Condominium Map No. 35707. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. 2 PASSED, APPROVED, AND ADOPTED on this 13th day of November 2007. ROBERT E. NPAGE , AYOR CITY OF LAKE INORE ATTEST: ~~ ~ ~~ VIVIAN MUNSON CITY CLERK APPROVED AS TO FORM: \4ti~~ - ~}~. BARBARA ZEID LEIBOLD CITY ATTORNEY I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2007-195 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 13th day of November 2007, and that the same was adopted by the following vote: AYES: Mayor Magee, Mayor Pro Tem Hickman, Councilmember Buckley, Councilmember Kelley, Councilmember Schiffner NOES: None ABSTAIN: None ABSENT: None A Wl ~,A.lti.~~ VIVIAN M. MUNSON CITY CLERK 3 EXHIBIT A CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007 -15 & TENTATIVE CONDOMINIUM PARCEL MAP NO. 35707 FOR CONVERSION OF AN EXISTING OFFICEI COMMERCIAL BUILlDNG TO SEPERA TEL Y OWNED OFFICE CONDOMINIM UNITS LOCATED AT 31900 MISSION TRAIL (APN: 363-172-006) PLANNING DIVISION General Conditions: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit and Tentative Condominium Parcel Map attached hereto. 2. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $64.00 to enable the City to file the Notice of Exemption. Said filing fee shall be provided to the City within 48 hours of project approval. 3. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. Conditional Use Permit No. 2007-15: 4. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 5. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. Tentative Condominium Parcel Map No. 35707: 6. Tentative Condominium Parcel Map No. 35707 will expire two (2) years from Planning Commission Approval City COWlcil Approval October 16, 2007 November 13, 2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-15 & TENTATIVE PARCEL MAP NO. 35707 Page 2 of 5 date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 7. The Tentative Parcel Map for condominium purposes shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 8. Prior to recordation of the, final map, the applicant shall prepare and record CC&R's against the office/commercial condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. 9. The CC&R's shall expressly designate the City of Lake Elsinore as a third party beneficiary to the CC&R's such that the City has the right, but not the obligation, to enforce the provisions of the CC&R's. 10. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient.to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or office/commercial units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. The recorded CC&R's shall establish the City of Lake Elsinore an expressed third party beneficiary. The City shall have the right, but not the obligation to enforce the CC&R's. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 11. Membership in the Owner's Association shall be mandatory for each buyer and any successive buyer. 12. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of Planning Commission Approval October 16, 2007 City Council Approval ~overnber13,2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-15 & TENTATIVE PARCEL MAP NO. 35707 Page 3 of 5 all development phases as they are completed, and embody one (1) owner's association with common area for the total development of the subject project. 13. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 14. Each condominium unit owner shall have full access to commonly owned areas, facilities and utilities. 15. Prior to recording of the final parcel map, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 16. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to recording of the final parcel map. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. The Plan shall only address current landscaping deficiencies within the existing landscape area along the Mission Trail property frontage. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). c. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. d. Final landscape plans to include planting and irrigation details. e. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent (30%) of shrubs required on slopes shall be five-gallon container size. Planning Commission Approval October 16,2007 City Council Approval November 13, 2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-15 & TENTATIVE PARCEL MAP NO. 35707 Page 4 of 5 f. All landscape improvements shall be bonded 100% for material and labor for one year from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required year with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. g. All landscaping and irrigation shall be installed within affected portions of the site prior to recordation of the final parcel map. 17. A Uniform Sign Program, for both freestanding and wall mounted signage, shall be prepared and approved by the Planning Commission prior to recordation of the final parcel map. 18. Existing parking spaces within the onsite parking area shall be re-striped pursuant to the LEMC, prior to recordation of the final parcel map. ENGINEERING DEPARTMENT General Requirements: 19. An Encroachment Permit shall be obtained prior to any work on City right-of- way. 20. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 21. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during Gleaning, demolition, clear and grubbing or all other phases of construction. 22. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. Planning Commission Approval October 16, 2007 City Council Approval November 13, 2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-15 & TENTATIVE PARCEL MAP NO. 35707 Page 5 of 5 23. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 24. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. Prior to Approval of Final Map: 25. Dedicate 10' right-of-way along the project frontage on Mission Trail such that the centerline to curb line is 60 feet. An Encroachment Permit shall be obtained for private facilities located within the new 10' dedication. 26. All property taxes shall be paid prior to recordation of the final map. 27. A condominium plan shall be included with the final map. 28. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16.34). Planning Commission Approval October 16, 2007 City Council Approval November 13, 2007