HomeMy WebLinkAbout2023-020 Planning Application No. 2021-34 (Evergreen) TRM 38195RESOLUTION NO. 2023-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38195
SUBDIVIDING 8.863 ACRES INTO FOUR LOTS RANGING IN SIZE FROM 1.10
ACRES TO 4.62 ACRES LOCATED APNS 377-020-014, 016, 017, 018, AND 019
Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City
of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes
the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery
store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a
separate drive-through car wash with 369 parking spaces, which would be constructed in two
phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include
a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross
acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre
site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No.
2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10
would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2,
Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would
establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine
for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02
includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled
spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No.
2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on
Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the
entire Project site that includes architectural elevations, on-site stormwater management
improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program
(SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated
framework for all the signage within the center; and,
Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the
intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020-
018, and 377-020-019); and,
Whereas, Tentative Parcel Map (TPM) No. 38195 proposes to subdivide the 8.863 gross
acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres; 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. 2021-
05), 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 September 12,
2022, and ending on October 12, 2022; and,
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Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council)
by resolution adopted the MND (SCH No. 2022090133) for the Project 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 Council pertaining to tentative maps; and,
Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, 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 TPM No. 38195; and,
Whereas, on April 25, 2023 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 TPM No. 38195:
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 Business 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 a 57,254
square foot (SF) commercial center that consists of an anchor grocery store, two quick-
serve drive-through restaurants, a gas station with a convenience store, and a separate
drive-through car wash with 0.16 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.
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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. TPM No. 38195 is consistent with the General Commercial land use plan, development
and design standards, and programs, and all other appropriate requirements contained
in the 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.
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 2021-05) (SCH# 2022090133) was
prepared for TPM No. 38195. 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. TPM No. 38195
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. TPM No. 38195 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
TPM No. 38195.
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 TPM No. 38195.
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.
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Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 25th day of April 2023.
Natasha Johnson
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. 2023-20 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of April 25, 2023 and that the same was adopted by the following vote:
AYES: Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson
NOES: None
ABSENT: Council Member Tisdale
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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