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,
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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
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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
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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
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