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Home My WebLink About2021-031 PA 2020-92 & PA 2019-64 GPARESOLUTION NO. 2021-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2020-02 Whereas, Ilan Golcheh, Golcheh Group has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2020-92 (General Plan Amendment No. 2020-02, Zone Change No. 2020-01, Tentative Parcel Map No. 37958, Conditional Use Permit No. 2020-09, and Commercial Design Review No. 2020-08) to construct a commercial project consisting of a 4,650 square foot (s.f.) convenience store, 4,291 s.f. canopy, 38,016 s.f. self-storage facility, 4,456 s.f. drive-thru restaurant, 3,979 s.f. self-serve carwash, 221 parking stalls, and landscaping and related site improvements on a 6.36-acre site. The project is located at the southwest corner of Lincoln Street and Riverside Drive (APN 379‐111‐014); and, Whereas, General Plan Amendment (GPA) No. 2020-02 proposes to change the site’s Land Use Designation from Residential Mixed Use (RMU) to General Commercial (GC); and, Whereas, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four (4) times during any calendar year; and, Whereas, GPA No. 2020-02 is part of the City’s Second (1st) Cycle amendments to the Lake Elsinore General Plan Land Use Map and Circulation Element Map for the 2021 calendar year; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.415.020 (General Plan Amendments), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to general plan amendments; and, Whereas, on March 16, 2021, at a duly noticed Public Hearing the Commission has considered the evidence presented by the Community Development Department and other interested parties with respect to this item and adopted a resolution recommending Council approval of General Plan Amendment No. 2020-02; and, Whereas, on April 13, 2021 at a duly noticed Public Hearing, the Council has considered the recommendation of the 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 AS FOLLOWS: Section 1: The Council has reviewed and analyzed proposed GPA No. 2020-02 pursuant to the California Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (GP) and the Lake Elsinore Municipal Code (LEMC) and finds that the proposed GPA No. 2020-02 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC. Section 2: That in accordance with California Planning and Zoning Law, and the LEMC, the Commission makes the following findings for the approval of GPA No. 2020-02: DocuSign Envelope ID: A6529337-BAE4-405D-AEF4-5F77F9978BB0 CC Reso No. 2021-31 Page 2 of 3 1. The proposed GPA, will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed GPA has been analyzed relative to its potential to have detrimental effects; and land uses designations and regulations have been imposed to ensure that the health, safety and welfare of affected residents will be protected. b. The application to modify the General Plan Land Use designations would not be injurious to the property or improvements in the neighborhood. The General Amendment along with the project’s other discretionary applications will allow the development a commercial project consisting of a convenience store with a gas station, a fast food drive‐thru restaurant, a self‐serve drive‐thru car wash and a self‐storage facility. 2. The proposed GPA would establish a land use density, intensity and usage more in character with the subject property’s location, access and constraints. a. The project site is within the Lake View District of the General Plan. Per Section 9.0, Lake View District Plan, of the General Plan, the main focus of the Lake View District is to “integrate new and existing residential communities and supporting uses while maintaining a high quality of life.” The Project would be consistent with the goals of the Lakeview District Plan, including the goal to provide a revitalized and healthy mixed‐use corridor along Riverside Drive. The project will develop commercial uses, including a convenience store with gas station, a drive‐thru restaurant, a car wash, and self‐storage, which will contribute to the commercial vitality along Riverside Drive. The proposed uses would meet the needs of existing residents in the project vicinity. 3. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. a. The effects of the proposed GPA have been analyzed in the Mitigated Negative Declaration (SCH 2021010316) prepared for the project. All potential impacts to the environment resulting from the project can be mitigated to less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the MMRP, potential environmental impacts are effectively reduced to less than significant levels. 4. The proposed amendment will be consistent with Government Code Section 65863 (California State No Net Loss Zoning Law). General Plan Amendment 2020-02 (Parcel 1 - APN 379‐111‐014) would propose to change the site’s Land Use Designation from Residential Mixed Use (RMU) to General Commercial (GC) thereby reducing residential unit capacity by up to 152 moderate and above moderate units moderate and above moderate units as identified in the City’s 5th Cycle Regional Housing Needs Assessment (RHNA) and creating a net loss to the moderate and above moderate category. Specific Plan Amendment No. 2020‐01 (Parcel 2 - APN 363‐940‐011) would change the Land Use Designation of Neighborhood Commercial (C‐1) to Multifamily 2 DocuSign Envelope ID: A6529337-BAE4-405D-AEF4-5F77F9978BB0 CC Reso No. 2021-31 Page 3 of 3 Residential District thereby creating residential capacity of a potential 219 units not identified in the City’s 5th Cycle Regional Housing Needs Assessment (RHNA) thereby creating a potential net gain. The project complies with the City of Lake Elsinore’s General Plan and Government Code Section 65863 (California State No Net Loss Zoning Law), because the net loss created on Parcel 1 - APN 379‐111‐014 would be accommodated by the net increase created on Parcel 2 - APN 363‐940‐011, thereby creating no a no net loss condition with sites identified in the Housing Element (including Parcel 2) adequate to accommodate the City’s share of moderate and above moderate regional housing needs pursuant to Government Code Section 65584. Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby approves General Plan Amendment No. 2020-02. Section 4: This Resolution shall take effect immediately upon its adoption. Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 13th day of April 2021. Robert E. Magee Mayor Attest: Candice Alvarez, MMC 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. 2021-31 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of April 13, 2021 and that the same was adopted by the following vote: AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: A6529337-BAE4-405D-AEF4-5F77F9978BB0