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HomeMy WebLinkAbout2022-013 PA 2019-34 (Lake & Mountain Commercial Center) - TTM 37922RESOLUTION NO. 2022-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 37922 SUBDIVIDING 6.07 ACRES INTO SIX PARCELS RANGING IN SIZE FROM 0.66 ACRES TO 1.22 ACRES LOCATED AT APNS 389-030-012 THROUGH 018 Whereas, Danny Singh, Tiger Petroleum, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2019-34 (Tentative Tract Map No. 37922, Conditional Use Permit No. CUP 2019-19, and Commercial Design Review No. 2019-27) to develop an approximately 32,695 square foot (SF) commercial retail center on 6.07 acres of land (Project). The Project proposes to subdivide the site into six (6) lots ranging in size from 0.66 acres to 1.10 acres. The remaining 0.44-acre portion of the site will be dedicated for road right- of-way purposes. The Project also proposes to construct a 3,400 SF convenience store with an attached 1,525 SF Quick-Serve Restaurant, 4,089 SF gas fueling canopy, a 3,150 SF express car wash, two (2) 4,850 SF retail buildings, a 3,320 SF drive-thru restaurant with an attached 1,600 SF retail building, and a 2,520 SF drive-thru restaurant with an attached 2,400 SF retail building with 170 parking spaces, landscaping, and related site improvements. The Project is located at the northwest corner of Mountain Street and Lake Street (APNs: 389-030-012, 013, 014, 015, 016, 017, and 018); and, Whereas, the City has prepared an Environmental Impact Report (EIR) (SCH No. 2020080538) for the Project pursuant to the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.: “CEQA”), the State Guidelines for Implementation of the California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the “State CEQA Guidelines”), and the City’s Procedures for Implementing the State CEQA Guidelines and its other procedures relating to environmental evaluation of public and private projects; and, Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of a Draft EIR (DEIR) and in accordance with the State CEQA Guidelines forwarded the DEIR to the State Clearinghouse, for distribution to those agencies which have jurisdiction by law with respect to the Project, and to other interested persons and agencies, and sought the comments of such persons and agencies. The State Clearinghouse posted the DEIR for a 45-day public comment period which ran from July 2, 2021 to August 16, 2021; thereafter, the City prepared a Final EIR (FEIR) that contains responses to the comments that were received regarding the DEIR. The DEIR and the FEIR are collectively referred to hereinafter in the singular as “EIR”; and, Whereas, , on January 25, 2022, at a duly noticed public hearing, the Council by resolution certified the EIR (SCH No. 2020080538) for the Project, adopted findings pursuant to CEQA, and adopted a Mitigation Monitoring and Reporting Program; and, Whereas, pursuant to Chapter 16.24 (Tentative Map) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps; and, Whereas, on December 21, 2021, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso. No. 2022-13 Page 2 of 4 Whereas, on January 25, 2022 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 AND ORDER AS FOLLOWS: Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2: The Council has reviewed and analyzed the proposed project pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC and 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. Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings for approval of Tentative Tract Map (TTM) No. 37922: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The Project has a General Plan Land Use designation of General Commercial (GC) and is located within the Alberhill District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed- use projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The project is proposing to develop approximately 32,695 sq. ft. of commercial retail development, which includes a convenience store, gas station, express car wash, drive-through and quick-serve restaurants, and retail buildings with 0.13 FAR. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The proposed Project does not include residential development. The proposed subdivision is consistent and compatible with the adjacent communities. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The project is consistent with the City’s General Plan. The Project has a General Commercial (GC) Land Use Designation and will not have a direct impact on housing needs. During the approval of the General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso. No. 2022-13 Page 3 of 4 4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a. A Draft Environmental Impact Report (EIR) (SCH No. 2020080538) was prepared for TTM 37922. The EIR identified potentially significant environmental effects but these impacts will be mitigated to below a level of significance through compliance with the mitigation measures set forth in the EIR. TTM 37922 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. TTM 37922 has been designed in a manner consistent with the General Plan and does not divide previously established communities. 6. The design of the proposed division of land or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or request for access have been incorporated into the design of TTM 37922. b. The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the project. Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Tentative Tract Map No. 37922. 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 at a regular meeting of the City Council of the City of Lake Elsinore, California, this 25th day of January 2022. Timothy J. Sheridan Mayor Attest: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso. No. 2022-13 Page 4 of 4 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. 2022-13 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 25, 2022 and that the same was adopted by the following vote: AYES: Council Member Manos; Mayor Pro Tem Johnson; and Mayor Sheridan NOES: Council Member Magee ABSENT: None ABSTAIN: Council Member Tisdale Candice Alvarez, MMC City Clerk DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90