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Home My WebLink AboutCC Reso No 2015-090 City Council Reso.RESOLUTION NO. 2015 -090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING COMMERCIAL DESIGN REVIEW NO. 2013 -08 FOR THE DEVELOPMENT OF A NEW WALMART SUPERCENTER LOCATED AT THE SOUTHWESTERLY CORNER OF DEXTER AVENUE AND 3RD STREET. WHEREAS, Barry Linder of Greenberg Farrow on behalf of Wal -Mart Real Estate Business Trust (the "Applicant ") has requested approval of Conditional Use Permit No. 2013 -06, in conjunction with Commercial Design Review No. 2013 -08, Conditional Use Permit No. 2013 -07, Conditional Use Permit No. 2013 -08 and Conditional Use Permit No. 2013 -09, which are collectively referred to herein as the "Project ", and WHEREAS, the Project is for the development of a 17.66 -acre site located at the southwest corner of Central Avenue and Cambern Avenue with an approximately 154,487 square -foot Walmart Supercenter, including a 3,090 square -foot seasonal outdoor garden center (Commercial Design Review No. 2013 -08 and Conditional Use Permit No. 2013 -06), with additional conditional use permits (Conditional Use Permit No. 2013 -07, Conditional Use Permit No. 2013 -08 and Conditional Use Permit No. 2013 -09) for outlot development planned for the parcels fronting Central Avenue which consist of one of two site configurations. Option A would consist of a gas station with 16 fueling stations, an approximately 3,100 SF convenience store, and a drive - through car wash and two other buildings which would be developed as separate drive -thru restaurants (3,700 SF and 3,100 SF). Option B consists of one parcel being developed with approximately 9,200 SF of retail /restaurant mix -used space situated within two buildings while the other two parcels would be developed with drive thru restaurant uses similar to the proposed development under Option A; and, WHEREAS, the application for Commercial Design Review No. 2013 -08 proposes an approximately 154,487 square -foot Walmart Supercenter, including a 3,090 square -foot seasonal outdoor garden center and related sign program, located at the southwest corner of Central Avenue and Cambern Avenue; and, WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the commercial design review; and WHEREAS, on November 3, 2015 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -75 recommending that the City Council approve Commercial Design Review No. 2013 -08; and. City Council Resolution No. 2015 -090 Page 2 of 4 WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ( "LEMC ") the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for residential design review applications; and WHEREAS, on December 1, 2015, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning 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 City Council has considered the proposed design and sign program for Commercial Design Review No. 2013 -08 for an approximately 154,487 square -foot Walmart Supercenter, including a 3,090 square -foot seasonal outdoor garden center and has found it acceptable. The City Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan, the East Lake Specific Plan Amendment No. 6 and the Lake Elsinore Municipal Code and finds and determines that the proposed Commercial Design Review No. 2013 -08 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. On December 1, 2015, after consideration and evaluation of all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record of the noticed public hearing on the Project, the City Council adopted Resolution No. 2015 -087 finding and determining that that the Environmental Impact Report (EIR) (SCH# 2014051093) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA); that a 45 -day public review period ran from August 28, 2015 to October 13, 2015; that responses to comments received during the public review period were prepared and incorporated into the Final EIR and that the Draft and the Final EIR represents the City's independent judgment. Based upon those findings and determinations, the City Council by Resolution No. 2015 -087 certified the Environmental Impact Report. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings regarding Commercial Design Review No. 2013 -08: City Council Resolution No. 2015 -090 Page 3 of 4 1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. The Walmart Supercenter store conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The General Plan designates the Project site for General Commercial and Commercial Mixed Use land uses and the proposed project is found to be consistent with the General Plan. The proposed use is permitted in the C -2 (General Commercial) and CMU (Commercial Mixed Use) districts and the proposed development complies with all applicable development standards. The proposed project is therefore found to be consistent with the Municipal Code. 2. The project complies with the design directives and all other applicable provisions of the Municipal Code. The proposed retail commercial project has been reviewed for compliance with all applicable design and other provisions of the Municipal Code. It is found that the Project is consistent with all provisions in LEMC Section 17.184.060 (Scope of design review), and that it complies with all development standards set forth in LEMC Chapter 17.112 (Nonresidential Development Standards). 3. Conditions and safeguards pursuant to Section 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code, the Project been considered by the City Council at a duly noticed public hearing on December 1, 2015. The proposed project, as reviewed and conditioned by all applicable City divisions, departments and agencies, including the required compliance with all of the mitigation measures set forth in the EIR, so as to eliminate or reduce to the extent practicable any significant effects on the environment. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Commercial Design Review No. 2013 -08. City Council Resolution No. 2015 -090 Page 4 of 4 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a of the City of Lake Elsinore, California, this 1 st day of ATTEST- Susan Domen, MMC - City Clerk APPROVED AF i t ej &11''Aa'(764,)7 Barbara Leibol , City Attorney jal, meeting of the City Council der, 2015. Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss, CITY OF LAKE ELSINORE ) I, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -090 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 1 st day of December 2015, and that the same was adopted by the following vote: AYES: Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Magee, and Mayor Manos NOES: None ABSENT: Hickman ABSTAIN: None Susan M. Domen, City Clerk