HomeMy WebLinkAboutCC Reso No 2019-088 One Year Extension for RDR No. 2014-05RESOLUTION NO. 2019 -088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION
TO APPROVE A ONE -YEAR EXTENSION OF TIME FOR RDR NO. 2014 -05,
UPHOLDING THE PLANNING COMMISSION'S FINDINGS AND APPROVING A ONE -
YEAR EXTENSION OF TIME FOR RDR 2014 -05
Whereas, on August 9, 2016, the City Council of the City of Lake Elsinore adopted Residential
Design Review (RDR) No. 2014 -05 ( "Project ") for a 150 -unit multi - family project totaling 162,283
square feet located in ten (10) two (2) story buildings, associated recreational amenities, including
a tot lot, swimming pool, and clubhouse and related improvements on an approximately 8.27 -acre
site. The proposed project is generally located northerly of Grand Avenue, southwesterly of
Eisenhower Drive, adjacent to Lakeside High School and more specifically referred to as
Assessor Parcel Number 379 - 090 -022.; and,
Whereas, Section 17.415.050 (1) of the Lake Elsinore Municipal Code (LEMC) states that a
"design review approval shall lapse and become void two years following the date on which the
design review became effective, unless one of the following: (1) prior to the expiration of two
years, a building permit related to the design review 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 design review approval "; and
Whereas, the Project became effective on August 9, 2016; and
Whereas, LEMC Section 17.415.050 (1) states that the expiration date of an approved design
review 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 July 31, 2018, the Community Development Director granted a one -year extension
of time for RDR No. 2014 -05, extending the expiration date to August 9, 2019; and
Whereas, Loren Castro of Castro Law on behalf of Lakeside Pointe, LLC submitted a request for
a second one -year extension of time for RDR No. 2014 -05 on July 23, 2019; and
Whereas, on September 17, 2019, at a duly noticed public hearing, the Planning Commission
(Commission) considered evidence presented by the Community Development Department and
other interested parties with respect to this item and approved a one (1) year extension of time;
and,
Whereas, On September 30, 2019, Citizen's Protecting Everyone's Environment appealed the
Commission's action citing as grounds for the appeal, that the Project violates the California
Environmental Quality Act and the approvals of the extension of time are unlawful and outside
the power of the Planning Commission and /or the Director; and,
Whereas, LEMC Section 17.410.110'. Appeal Authority vest the authority to consider an appeal
of the Planning Commission's actions to the City Council (Council; and,
Whereas, on September 17, 2019, at a duly noticed public hearing, the Council considered the
record and such additional evidence as may be offered 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 reviewed and analyzed the proposed extension of time for
RDR No. 2014 -05 prior to making its decision to extend the life of the residential design
review for one year to August 9, 2020.
Section 2: Pursuant to the California Environmental Quality Act (CEQA), a Mitigated Negative
Declaration (MND) was previously prepared for the project, State Clearing House (SCH)
#2016071001. The MND was circulated for public review in accordance with CEQA and all
interested parties were noticed of the subsequent public hearings conducted by the Planning
Commission and City Council. The MND prepared and adopted /approved by the City, as lead
agency, for RDR 2014 -05, determined that potential environmental impacts of the project were
avoided or mitigated to a level of insignificance. The extension of time did not propose any site
modifications or modifications to Conditions of Approval or Mitigation Measures. There are no
substantial changes to the Property or the circumstances under which the Property is to be
developed under this extension of time when compared to the original entitlements. Pursuant to
CEQA Guidelines Section 15162, there have been no changes to existing Land Use Regulations
and there is no new information of substantial importance which would require preparation of
another CEQA document. Therefore, no further environmental analysis is required to approve the
extension of time.
Section 3: In accordance with LEMC Section 17.168.080, the City Council makes the following
findings regarding an extension of time for RDR No. 2014 -05:
1. The RDR complies with current laws, standards and policies.
The subject property is located within the Lakeview District of the General Plan and has a
land use designation of Residential Mixed Use. The proposed multifamily residential
development has been found consistent with the General Plan because the proposed
project does not exceed the maximum density of 19 -24 dwelling units per acre and
complies with all the goals and objectives of the Lakeview District. In addition, the project
has been found consistent with the Municipal Code as the project complies with all
applicable sections of the Municipal Code including but not limited to development
standards, parking requirements, residential development standards, and permitted uses.
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. Lastly, there are no new legal provisions that project is inconsistent with
that would render the approval of an extension of time unfeasible do not exist and the
project is compliant with all applicable current laws.
Section 4: Based upon all the evidence presented, both written and testimonial, and the above
findings, the City Council hereby approves a one -year extension of time for Residential Design
Review No. 2014 -05 to August 9, 2020.
Section 5: This Resolution shall .take effect immediately upon its adoption.
Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book
of original Resolutions.
Passed and Adopted on this 22 "d day of October 20i a
Attest:
Candice Alv (rez, MC
City Clerk -
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2019 -088 was adopted by the City Council of the City of Lake Elsinore, California,
at the regular meeting of October 22, 2019, and that the same was adopted by the following vote:
AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tem Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
Candice A ar MMC
City Clerk