HomeMy WebLinkAboutCC Reso No 2018-139 Extension for CUP 2013-08RESOLUTION NO. 2018 -139
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. 2013-08
Whereas, on December 1, 2015, the City Council of the City of Lake Elsinore adopted Conditional
Use Permit (CUP) No. 2013 -08 (Project) for a 3,700 square foot fast food restaurant with a drive -
through located on Outlot 2 of the Walmart Supercenter project site, and located on Central
Avenue between Outlot 1 and Outlot 3; 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. 8, CUP No. 2013 -08 became
effective on February 2, 2016; and
Whereas, LEMC Section 17.168.080(B) 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 -08, 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 -08 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 -08 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 -08:
-1. The CUP complies with current laws, standards and policies.
a. The 3,700 square foot fast food restaurant with a drive - through conforms with the goals
and objectives of the General Plan, because it will facilitate the creation of a well - balanced
CC Reso No. 2018 -139
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and functional mix of residential, commercial, industrial, open space, recreational and
institutional land uses. The General Plan designates the Project site for General
Commercial land uses and the proposed project is consistent with the General Plan. The
proposed use is permitted in the C -2 (General Commercial) district 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 of 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 -08 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.
V�
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Mavor
Attest:
Mark Mahan
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2018 -139 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