HomeMy WebLinkAboutCC Reso No 2018-137 Extension for CUP 2013-06RESOLUTION NO. 2018 -137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A ONE -YEAR EXTENSION OF TIME FOR CONDITIONAL
USE PERMIT NO. 2013-06
Whereas, on December 1, 2015, the City Council of the City of Lake Elsinore adopted Conditional
Use Permit (CUP) No. 2013 -06 (Project) for an outdoor garden center, arcade and outdoor
/seasonal display of merchandise associated with the proposed Walmart Supercenter located at
the southwest corner of Central Avenue and Cambern Avenue; and,
Whereas, Section 17.168.080(A) of the Lake Elsinore Municipal Code (LEMC) states that a
"conditional use permit approval shall lapse and become void two years following the date on
which the conditional use permit became effective, unless one of the following: (1) prior to the
expiration of two years, a building permit related to the conditional use permit is issued and
construction commenced and diligently pursued toward completion; or (2) prior to the expiration
of two years, the applicant has applied for and has been granted an extension of the conditional
use permit "; and,
Whereas, pursuant to the Project's Condition of Approval No. 6, CUP No. 2013 -06 became
effective on February 2, 2016; and,
Whereas, LEMC Section 17.168.080(8) states that the expiration date of an approved conditional
use permit may be extended for no more than two years and that the first one -year extension may
be approved by the Community Development Director; and,
Whereas, on November 22, 2016, the Community Development Director granted a one -year
extension of time for CUP No. 2013 -06, extending the expiration date to February 2, 2019; and,
Whereas, Johnathan E. Shardlow of Gresham Savage Nolan & Tilden on behalf of Wal -Mart
Stores, Inc. submitted a request for a second one -year extension of time for CUP No. 2013 -06 on
November 5, 2018; and,
Whereas, on November 27, 2018 at a duly noticed public meeting, the City Council (Council) has
considered evidence presented by the Community Development Department and other interested
parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. The City Council has reviewed and analyzed the proposed extension of time for CUP
No. 2013 -06 prior to making its decision to extend the life of the conditional use permit for one
year to February 2, 2020.
Section 2. In accordance with LEMC Section 17.168.080, the Council makes the following
findings regarding an extension of time for CUP No. 2013 -06:
1. The CUP complies with current laws, standards and policies.
a. 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
CC Reso No. 2018 -137
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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 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.
b. The proposed use was analyzed and it was determined that the proposed use meets all
applicable sections of the Lake Elsinore Municipal Code.
c. Conditions applied to the proposed use eliminate or reduce to the extent practicable any
negative impacts to the general health, safety, comfort, or general welfare of the
surrounding commercial development, nearby residential development and the City of
Lake Elsinore.
Section 3. Based upon all the evidence presented, both written and testimonial, and the above
findings, the Council hereby approves a one -year extension of time for Conditional Use Permit
No. 2013 -06 to February 2, 2020.
Section 4. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 27th day of November 2018.
Q4
Mayor
Attest:
Mark Mahan
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
Johnson
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2018 -137 was adopted by City Council of the City of Lake Elsinore, California, at
the Regular meeting of 27th day of November 2018, and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: None
Mark Mahan
Deputy City Clerk