HomeMy WebLinkAbout2022-079 Planning Application No. 2019-07 (Bamiyan Marketplace) - TTMRESOLUTION NO. 2022-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 37578
SUBDIVIDING 12.60 ACRES INTO SEVEN LOTS RANGING IN SIZE FROM 0.25
ACRES TO 4.13 ACRES LOCATED AT APNS 381-320-020 AND 023
Whereas, Ahmad Zaki, Zairey, Inc. has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No. 2019-07 (Tentative Tract Map No. 37578,
a Conditional Use Permit No. 2019-03, a Commercial Design Review No. 2019-05, a Uniform
Sign Program No. 2019-01) (“Project”). Tentative Tract Map (TTM) No. 37578 is a subdivision of
the 12.60-acre project site into seven (7) lots for a mixed-use commercial and residential
development. Conditional Use Permit No. 2019-03 and Commercial Design Review No. 2019-05
proposes to develop the mixed-use commercial and residential development that would be
constructed in three phases. The first phase (Phase 1) would include a 10-dispenser ARCO
gasoline station with a 6,840-square foot (SF) canopy, a 4,354-SF AM/PM convenience store, an
attached 1,960-SF quick-serve restaurant (with no drive-through service), and a 4,054-SF
automated self-service car wash. A 2,000-SF office would be located on the second story above
the quick-serve restaurant. Phase 1 would also include grading of the site, installation of the
majority of the utility infrastructure, development of internal circulation driveways and parking, and
construction of off-site improvements. The second phase (Phase 2) would consist of two 2,400-
SF fast food restaurants with drive-through lanes, and a two-story mixed-use commercial/retail
and multi-family residential building. The mixed-use building would consist of six commercial/retail
spaces totaling approximately 23,000 SF on the ground floor and 14 apartments or condominium
units totaling 20,000 SF on the second floor. The third (and final) phase (Phase 3) of the project
would consist of five three-story multi-family residential buildings containing up to 60 residential
units. The multi-family residential development would include enclosed parking and a 2,800-SF
clubhouse with pool and outdoor living amenities. Uniform Sign Program No. 2019-01 proposes
to establish a uniform sign program for the project that provides standards and specifications to
ensure consistency of signage in terms of design, composition, size and placement throughout
the project. The project is located at the northwest corner of Grand Avenue and State Route
74/Ortega Highway (APNs: 381-320-023 and 381-320-020; and,
Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial
Study to determine if the Project would have a significant effect on the environment. The Initial
Study revealed that the Project would have potentially significant environmental impacts but those
potentially significant impacts could be mitigated to less than significant levels; and,
Whereas, based upon the results of the Initial Study (Environmental Review No. 2019-
04), and based upon the standards set forth in CEQA Guidelines Section 15070, it was
determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration
(MND) for the Project. In accordance with CEQA Guidelines Section 15073, the MND was made
available for public review and comment for a minimum of 30 days beginning on December 17,
2021, and ending on January 17, 2022; and,
Whereas, on August 9, 2022, at a duly noticed public hearing, the City Council (Council)
by resolution adopted the MND (SCH No. 2021120417) for the Project and adopted a Mitigation
Monitoring and Reporting Program; and,
DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F
CC Reso. No. 2022-79
Page 2 of 4
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 Council pertaining to tentative maps; and,
Whereas, on February 1, 2022, February 15, 2022, March 1, 2022, and June 21, 2022, at
a duly noticed Public Hearing the Commission has considered evidence presented by the
Community Development Department and other interested parties with respect to this item, and
adopted a resolution recommending that the Council Approve TTM No. 37578; and,
Whereas, on August 9, 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 (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore
General Plan (GP), and Chapter 16 (Subdivisions) of the LEMC.
Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the
Council makes the following findings for approval of TTM No. 37578:
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 Commercial Mixed Use (CMU)
and is located within the Lake Edge District. This designation provides for a mix of
residential and non-residential uses within a single proposed development area, with an
emphasis on retail, service, civic and professional office uses. The Floor Area Ratio
(FAR) for non-residential uses is 0.80:1 and a minimum of 50% of the total floor area
shall be commercial uses. Residential densities shall be between 7 and 18 dwelling
units per net acre. The project is proposing to develop a mixed use project with the
commercial development that includes a convenience store, gas station, express car
wash, and drive-through and quick-serve restaurants with 0.22:1 FAR. The project also
includes a residential component with 9.9 units per acre and 15.7 units per acre.
Therefore, the project is consistent with the Commercial Mixed Use General Plan land
use designations for the site. 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.
DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F
CC Reso. No. 2022-79
Page 3 of 4
a. The residential component of the project site has a density of 9.9 units per acre and 15.7
units per acre. The overall density of and design 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. TTM 37578 is consistent with the Commercial Mixed Use land use plan, development
and design standards, and programs, and all other appropriate requirements contained
in the General Plan. The proposed project is consistent and compatible with the General
Plan and provides an increase in housing opportunities within the City. TTM 37578 is
consistent with Housing Element Policy 3.1 to “Use the City’s General Plan, Municipal
Code, other land use and development plans, and the development process to provide
housing sites that meet the identified local need.”
4. The proposed division of land or type of improvements is not likely to result in any significant
environmental impacts.
a. A Mitigated Negative Declaration (MND) (ER 2019-04) (SCH# 2021120417) was
prepared for TTM 37578. The Initial Study 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 MND. TTM 37578 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 37578 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 37578.
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. 37578.
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.
DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F
CC Reso. No. 2022-79
Page 4 of 4
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 9th day of August 2022.
Timothy J. Sheridan
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. 2022-79 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of August 9, 2022 and that the same was adopted by the following vote:
AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor
Sheridan
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F