HomeMy WebLinkAboutItem No. 19 - Resolution Denying Request for Extension of Time for Tentative Tract Map No. 37919)Resolution Denying Request for Extension of Time for Tentative Tract Map No. 37922,
Conditional Use Permit No. 2019-19, and Commercial Design Review No. 2019-27
(Lake and Mountain Commercial Center) and Making Findings in Support Thereof
Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DENYING REQUEST FOR EXTENSION OF TIME FOR TENTATIVE
TRACT MAP NO. 37922, CONDITIONAL USE PERMIT NO. 2019-19, AND COMMERCIAL
DESIGN REVIEW NO. 2019-27 (LAKE AND MOUNTAIN COMMERCIAL CENTER) AND
MAKING FINDINGS IN SUPPORT THEREOF
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Barbara Leibold, City Attorney
Date:April 23, 2024
Subject:Resolution Denying Request for Extension of Time for Tentative Tract Map
No. 37922, Conditional Use Permit No. 2019-19, and Commercial Design
Review No. 2019-27 (Lake and Mountain Commercial Center) and Making
Findings in Support Thereof
Recommendation
Adopt resolution entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA,
DENYING REQUEST FOR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 37922,
CONDITIONAL USE PERMIT NO. 2019-19, AND COMMERCIAL DESIGN REVIEW NO. 2019-
27 (LAKE AND MOUNTAIN COMMERCIAL CENTER) AND MAKING FINDINGS IN SUPPORT
THEREOF
Background
On March 12, 2024, the City Council held a public hearing to consider the request by the applicant
to grant an extension of time for Tentative Tract Map No. 37922, Conditional Use Permit No.
2019-19, and Commercial Design Review No. 2019-27.
A copy of the March 12, 2024 Report to City Council is attached and provides information
concerning the project’s background and a discussion of the request.
Following the close of the public hearing, the City Council determined to deny the request for an
extension of time for the tract map, conditional use permit, and design review.
A copy of the March 12, 2024 Meeting Minutes for this item are attached.
Discussion
PW Agreement SAS Construction
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The City Attorney’s Office has prepared a resolution and included findings for the denial consistent
with the City Council’s discussion at the March 12, 2024 public hearing.
While the decision of whether or not to extend a land use entitlment is discretionary, findings in
any land use decisions, whether approved or denied, are preferred in order to formally apprise
the applicant and the public of the public agency’s basis for the decision. Accordingly, a resolution
with findings has been prepared for consideration by the City Council.
In addition, the applicant’s legal counsel has submitted a letter requesting that the City Council
reconsider the March 12, 2024 denial along with reasons in support of that request. The letter is
attached.
Fiscal Impact
None.
Attachments
Attachment 1 - Resolution
Attachment 2 – March 12, 2024 Report to City Council [without exhibits]
Attachment 3 – March 12, 2024 Meeting Minutes, Item 17
Attachment 4 – April 11, 2024 Letter from the Applicant’s Attorney
RESOLUTION NO. 2024____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DENYING REQUEST FOR EXTENSION OF
TIME FOR TENTATIVE TRACT MAP NO. 37922, CONDITIONAL USE
PERMIT NO. 2019-19, AND COMMERCIAL DESIGN REVIEW NO. 2019-
27 (LAKE AND MOUNTAIN COMMERCIAL CENTER) AND MAKING
FINDINGS IN SUPPORT THEREOF
WHEREAS, Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-19,
and Commercial Design Review No. 2019-27 were approved by the City Council of the
City of Lake Elsinore on January 25, 2022 for an initial two year term; and
WHEREAS, Valeria Salampessy, Empire Design Group, submitted a timely
request for an extension of time for Tentative Tract Map No. 37922, Conditional Use
Permit No. 2019-19, and Commercial Design Review No. 2019-27 on November 3, 2023;
and
WHEREAS, on March 12, 2024, at a duly noticed public hearing, the City Council
considered the recommendation of City staff 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,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has reviewed and analyzed the proposed extension
of time request for Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-19,
and Commercial Design Review No. 2019-27 and all of the evidence presented prior to
making its decision on the application to extend the time for Tentative Tract Map No.
37922, Conditional Use Permit No. 2019-19, and Commercial Design Review No. 2019-
27.
SECTION 2. The City Council makes the following findings in support of the denial
of an extension of time for Tentative Tract Map No. 37922, Conditional Use Permit No.
2019-19, and Commercial Design Review No. 2019-27:
1. The site design with two driveways on Lake Street creates a potentially dangerous
condition due to downhill grade of Lake Street for southbound traffic which results
in the general increase in the speed of vehicle as such vehicles approach the
project site and also negatively impacts the sight distance available to such
southbound vehicle along with vehicles exiting the project site via the driveways;
and
2. Following a commitment by the project applicant at the January 25, 2022 public
hearing to continue community outreach and update the City and the public on the
status of the project, the project applicant nonetheless failed to conduct such
CC Reso. No. 2024-
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outreach, leaving both the City and the public unaware of the project status for
nearly two years.
SECTION 3. Based upon the evidence presented, both written and testimonial,
and the above findings, the City Council hereby affirms its denial of the request for an
extension of time for Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-
19, and Commercial Design Review No. 2019-27.
SECTION 4. This Resolution shall take effect from and after the date of its passage
and adoption.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this __ day of __________ 2024.
Steve Manos
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. 2024-__ was adopted by the City Council of the City of Lake
Elsinore, California, at the Regular meeting of __________ __, 2024 and that the same
was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Candice Alvarez, MMC
City Clerk
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Damaris Abraham, Assistant Community Development Director
Date:March 12, 2024
Subject:Extension of Time Request for Tentative Tract Map No. 37922, Conditional
Use Permit No. 2019-19, and Commercial Design Review No. 2019-27
(Lake and Mountain Commercial Center)
Applicant:Valeria Salampessy, Empire Design Group
Recommendation
1. Find that pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
15162, the extension of time request would not have a significant effect on the environment
and no new environmental documentation is necessary because all potentially significant
effects have been adequately analyzed in a previously certified Environmental Impact Report
(ER 2020-03) (SCH No. 2020080538);
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT
MAP NO. 37922 TO JANUARY 25, 2026;
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME FOR CONDITIONAL USE
PERMIT NO. 2019-19 TO JANUARY 25, 2026; and
4.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME FOR COMMERCIAL
DESIGN REVIEW NO. 2019-27 TO JANUARY 25, 2026.
Background
On January 25, 2022, the City Council certified Environmental Impact Report (ER 2020-03) (SCH
No. 20200080538) and approved Tentative Tract Map No. 37922 (TTM 37922), Conditional Use
Permit No. 2019-19 (CUP 2019-19), and Commercial Design Review No. 2019-27 (CDR 2019-
27).
(TTM 37922, CUP 2019-19, and CDR 2019-27 EOT)
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TTM 37922 proposes to subdivide the 6.07-acre 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.
CUP 2019-19 and CDR 2019-27 propose to establish approximately 32,695 sq. ft. of commercial
and retail uses as outlined below:
•Parcel 1: will include a 3,320 sq. ft. drive-through restaurant (Drive-Thru A) with an
attached 1,600 sq. ft. retail building (Retail C).
•Parcel 2: will include a 2,520 sq. ft. drive-through restaurant (Drive-Thru B) with an
attached 2,400 sq. ft. retail building (Retail D).
•Parcel 3: will include a 3,150 sq. ft. express car wash.
•Parcel 4: will include a 3,400 sq. ft. convenience store (C-Store) with an attached 1,525
sq. ft. quick service restaurant (QSR), a 4,089 sq. ft. fueling canopy with six (6) Multi-
Product Dispensers (MPD), and three (3) stormwater bio-retention basins (WQMP).
•Parcel 5: will include a 4,850 sq. ft. retail building (Retail B) and four (4) stormwater bio-
retention basin (WQMP) areas.
•Parcel 6: will include a 4,850 sq. ft. retail building (Retail B).
The Project site consists of an approximately 6.07-acre undeveloped area and is located at the
northwest corner of Mountain Street and Lake Street (APNs: 389-030-012, 013, 014, 015, 016,
017, and 018).
The original expiration date of TTM 37922, CUP 2019-19, and CDR 2019-27 was January 25,
2024. On November 3, 2023, the applicant submitted this two-year extension of time request,
which stayed the expiration until action by the City Council. The applicant has submitted a grading
plan, hydrology study, and Water Quality Management Plan (EGPC No. 2023-0013) and is
currently in plan check. The applicant has stated that the time extension is necessary to allow
additional time to complete the plan check process and obtain grading and building permits.
Discussion
Section 16.24.160 of the Lake Elsinore Municipal Code (LEMC) provides one or more extensions
of time for tentative maps totaling a maximum of 36 months. Pursuant to the Subdivision Map Act,
Government Code Section 66452.6(e), the time at which the map expires may be extended by
the legislative body for a period not exceeding a total of six (6) years. The applicant will have four
(4) more years of extensions available for TPM 37922 after the approval of this extension of time
request.
In accordance with Sections 17.415.050.I (Lapse of Design Review Approval and Time
Extensions) and 17.415.070.D (Lapse of Conditional Use Permit) of the LEMC, the expiration
(TTM 37922, CUP 2019-19, and CDR 2019-27 EOT)
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date of an approved Conditional Use Permit and Commercial Design Review may be extended
for no more than two (2) years. The two-year extension of time for CUP 2019-19 and CDR 2019-
27 represents the final extension of time allowed by the LEMC.
The Community Development (Building & Safety and Planning), Engineering, and the
Administrative Services Departments have recommended revised Conditions of Approval
consistent with section 66452.6 (e) of the Subdivision Map Act and sections 65961 (a) (1-2) and
65961 (f) of the Planning and Zoning Laws. These updated Conditions of Approval reflect the
most current City requirements for development and ensure that the project complies with current
laws, standards, and policies.
Environmental Determination
Pursuant to CEQA Guidelines Section 15162, staff has determined that this extension of time
request would not have a significant effect on the environment and no new environmental
documentation is necessary because all potentially significant effects have been adequately
analyzed in an earlier Environmental Impact Report (EIR). All potentially significant impacts have
been avoided or mitigated pursuant to the earlier mitigated negative declaration and none of the
conditions described in Section 15162 exist. EIR (ER 2020-03) (SCH No. 20200080538) was
adopted by the City Council on January 25, 2022. As part of the extension of time request,
conditions of approval were updated to reflect the most current City requirements for
development. These are standard conditions of approval and will not result in any modifications
to the previously approved Project. No substantial changes which require major revisions to the
mitigated negative declaration exist and no new information of substantial importance which
require revisions to the earlier mitigated negative declaration exist. Therefore, no further
environmental documentation is necessary.
Public Notice
Notice of the hearing for the extension of time application has been published in the Press-
Enterprise newspaper and mailed to property owners within 300 feet of the subject property for
each application. As of the writing of this report, no written comments concerning this application
have been received by staff.
Fiscal Impact
The time and costs related to processing this application have been covered by application fees
paid for by the applicant. No General Fund budgets have been allocated or used in the processing
of this application.
Attachments
Attachment 1 – TTM 37922 EOT Resolution
Attachment 2 – CUP 2019-19 EOT Resolution
Attachment 3 – CDR 2019-27 EOT Resolution
Attachment 4 – Conditions of Approval
Attachment 5 – GIS Exhibits
(TTM 37922, CUP 2019-19, and CDR 2019-27 EOT)
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Attachment 6 – TTM 37922
Attachment 7 – Design Review Package
Attachment 8 – Public Notice Materials
City Council Minutes - Draft March 12, 2024
City of Lake Elsinore Page 7
PUBLIC HEARING
17) Extension of Time Request for Tentative Tract Map No. 37922, Conditional Use
Permit No. 2019-19, and Commercial Design Review No. 2019-27 (Lake and
Mountain Commercial Center)
1. Find that pursuant to the California Environmental Quality Act (CEQA) Guidelines
Section 15162, the extension of time request would not have a significant effect on
the environment and no new environmental documentation is necessary because
all potentially significant effects have been adequately analyzed in a previously
certified Environmental Impact Report (ER 2020-03) (SCH No. 2020080538);
2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME
FOR TENTATIVE TRACT MAP NO. 37922 TO JANUARY 25, 2026;
3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME
FOR CONDITIONAL USE PERMIT NO. 2019-19 TO JANUARY 25, 2026; and
4. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME
FOR COMMERCIAL DESIGN REVIEW NO. 2019-27 TO JANUARY 25, 2026.
The Public Hearing was opened at 7:38 p.m.
City Clerk Alvarez noted that six written communications were received in opposition to
the item, entered into the record, and distributed to the City Council and the public.
Assistant Community Development Director Abraham presented the staff report.
Ace Vallejos was called to speak.
Kim Cousins was called to speak.
The Public Hearing was closed at 7:49 p.m.
A motion was made by Council Member Johnson, seconded by Council Member
Magee to deny staff’s recommendations. The motion carried by the following
vote:
Aye: 4 Council Members Johnson, Magee, and Sheridan; and Mayor Pro Tem
Tisdale
Nay: 1 Mayor Manos
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES
Elizabeth Hogan was called to speak.
Rafael Castro was called to speak.
Jackie Legg was called to speak.
Nathalie Zepeda was called to speak.
75807498;2
April 11, 2024
VIA E-MAIL AND U.S. MAIL
Mayor and Members of the Lake Elsinore City Council
Lake Elsinore City Hall
130 S Main Street
Lake Elsinore, CA 92530
Re: Extension of Time Request for Tentative Tract Map No. 37922, Conditional Use
Permit No. 2019-19, and Commercial Design Review No. 2019-27 (Lake and
Mountain Commercial Center)
Dear Honorable Mayor and Members of the City Council:
This firm represents the owners (the "Applicant") of the proposed Lake and Mountain Commercial
Center (the "Project"). The Project entitlements referenced above were set to expire on Jan 25,
2024. Prior to the expiration, on October 31, 2023, the Applicant timely submitted a two-year
extension of time request, which was the first extension request. We are writing to request that
the Council vote to reconsider its March 12, 2024 vote to deny the extension of time request
referenced above for the Project and then to subsequently vote to approve the Applicant's extension
request.. We request these actions for the following reasons:
The Planning Department recommended approval of the extension request and neither the
Planning Department nor the Applicant had any indication that a denial was likely; as a
result, neither the Applicant nor the Planning Department was able to adequately respond
to concerns that came up at the hearing.
In denying the request, the Council failed to, and cannot, make legally adequate Code
compliant statements or findings to support the denial of the extension request.
The Project's entitlements have already been approved and, despite delays, the Applicant
has been diligently moving forward with all submittals necessary to construct and operate
the Project with reasonable reliance on its extension request being approved; the Applicant
has expended significant resources in the form of time, effort and money (approximately
$4,000,000.00 so far) in furtherance of the application, which will be lost, and thus denying
the extension request is unjust. This request for extension of time is not legally an
Lisa Kolieb
Akerman LLP
633 West Fifth Street
Suite 6400
Los Angeles, CA 90071
D: 213 533 5947
T: 213 688 9500
F: 213 627 6342
DirF: 213 599 2666
lisa.kolieb@akerman.com
akerman.com
Members of the Lake Elsinore City Council
April 11, 2024
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75807498;2
opportunity to simply reconsider and deny the Project itself. Yet that is clearly what has
occurred here.
In addition, by denying the extension request, the City Council has created a precedent of
uncertainty for developers, which will lead developers to question the viability and constructability
of projects within the City. Particularly given the delays faced by many developers as a result of
and subsequent to the COVID-19 pandemic, many projects throughout the state are facing delays
and are not able to obtain building permits within 2 years of obtaining entitlements. Denying the
extension of entitlements in reasonable situations such as this is unjust and unreasonable and
creates a dangerous precedent.
THE PLANNING DEPARTMENT RECOMMENDED APPROVAL OF THE EXTENSION REQUEST AND
APPLICANTS HAD THE REASONABLE EXPECTATION THAT THE EXTENSION REQUEST WOULD BE
APPROVED.
As you are aware, the Planning Department recommended approval of the extension request in its
staff report and drafted the necessary resolutions to approve the extension. While such extension
requests are technically considered discretionary, it is extremely rare for this Council to deny such
requests. Similar extension requests have been granted by the City for similar projects and in fact,
we are not aware of a single project where the City has denied an extension. Accordingly,
applicants have the reasonable expectation that extension requests will be granted by the City,
unless circumstances have substantially changed since initial approval or if no progress has been
made on the Project. According to the Lake Elsinore Municipal Code, the City Council was meant
to approve the extension as long as the Project "complies with current laws, standards and
policies." Here, the Applicant reasonably relied on precedent for approval of similar extension
requests, since it had been diligently been processing the Project approvals with the City, and since
the Project "complies with current laws, standards and policies."
Our clients were shocked at the Council's denial of their extension request. Had the Applicant or
Planning Department been aware of the possibility that the Project entitlements would not be
extended, they would have addressed any applicable concerns, as well as the delays that it faced,
at the March 12th meeting. The Applicant had been diligently working on the Project since
approval of the entitlements in 2022, expending significant sums of money in furtherance of the
Project and submitting the necessary documentation to the City to obtain approval for construction
of the Project. While the Applicant had experienced some delays, the Applicant had a reasonable
expectation that their extension request would be approved. The Applicant has full intentions to
construct and operate the Project.
Members of the Lake Elsinore City Council
April 11, 2024
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75807498;2
AT THE HEARING, THE LEGALLY REQUIRED STATEMENTS OR FINDINGS WERE NOT MADE TO
SUPPORT THE DENIAL, AND NO SUCH FACTUAL FINDINGS CAN BE MADE TO SUPPORT
RESOLUTIONS OF DENIAL.
The legal standard for denial of the requests at issue here are solely whether the Project no longer
complied “with current laws, standards and policies.” Any other bases of denial is wholly
reflective of impermissible bias, an abuse of discretion, and results in an unfair hearing. Yet, at the
hearing, neither Planning staff nor any of the Councilmembers made any statements or findings to
indicate that the Project no longer complied with current laws, standards and policies as would
have been required to deny the extension. Nothing has changed in the Project that would make it
so that it no longer complies "with the goals and objectives of the General Plan and the Zoning
District in which the Project is located." Nor did the design change since the City approved it and
agreed that it "complies with the design directives contained in the General Plan and all other
applicable provisions of the Municipal Code.
According to the Lake Elsinore Municipal Code, the City Council was meant to approve the
extension as long as the Project "complies with current laws, standards and policies." At the
hearing, neither Planning staff nor any of the Councilmembers made any statements or findings to
indicate that the Project no longer complies with current laws, standards and policies as would
have been required to deny the extension.
THE APPLICANT HAS BEEN DILIGENTLY WORKING WITH THE CITY AND NEIGHBORS TO OBTAIN
ALL NECESSARY APPROVALS TO CONSTRUCT AND OPERATE THE PROJECT, BUT HAS
EXPERIENCED DELAYS.
By way of background, the Project site consists of an approximately 6.07-acre undeveloped area
and is located at the northwest corner of Mountain Street and Lake Street (APNs: 389-030-012,
013, 014, 015, 016, 017, and 018). Before this site was purchased, a formal pre-application was
submitted to the city on May 17, 2019. During this process, all city departments convened and
conferred, following which they expressed their support for the Project. Additionally, they noted
that the corner had remained vacant for a long time and that development was warranted in this
particular corner. Upon receiving these comments, the Applicant proceeded to close escrow based
on its good faith trust with the City.
A formal application was submitted in 2020, and due to COVID-related delays, the
final entitlements for the Project were approved on January 25th, 2022. After the entitlements
were approved, the Applicant needed to obtain quotes and bids to develop construction drawings
and to bid out the Project. However, due to delays caused by the pandemic as well as significant
price increases for services, equipment and materials, the Applicant experienced delays in
finalizing its project plans and submitting all necessary documentation to the City. For instance,
electrical panels (switchgear) had a waiting time of 12-15 months, while underground fuel tanks
had a waiting period of 15 months. In addition, after each submittal to the City, the Applicant must
wait for the submittal to be reviewed by the City, which impacts the timeline. Despite
Members of the Lake Elsinore City Council
April 11, 2024
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these setbacks, the Applicant kept on moving forward. They put down deposits on the required
equipment and kept on working diligently. They even signed a contract with the 76 Fuel Company
for the gas station approved as part of the Project. In addition, efforts were also made to secure
tenants through brokers. However, many tenants were hesitant due to economic conditions at the
time affected by the pandemic.
Furthermore, this 6.07 acre site consists of 7 parcels with uneven terrain which required an
unusual amount of grading. This site requires street and signal light improvement, and converting
current sewer, water, gas, power utilities to underground. A new connection with Edison entailed
a waiting period exceeding eight months. These factors collectively contributed to the complexities
surrounding this Project. A retaining wall was also needed for this site and the adjoining neighbors
were contacted to arrange for this.
At no point did the City indicate that there was any issue with the timeline related to processing
the Project. The Applicant was diligently continuing working on the development of the Project
given its complexities. Both the Architect (Gregory Hann with Empire Design Group) and Civil
engineer were in constant communication with the City while they worked on addressing
comments and concerns by the Planning Department. On June 27, 2023, a grading plan, hydrology
study, and Water Quality Management Plan was submitted along with a check for $30,195.54 for
city processing fees. Both the architect and civil engineer have been working on concluding
addressing comments and concerns by the City Planning Department.
The Applicant has invested a significant amount of time and money in furtherance of the
development of this Project. The expenses amount to approximately $4 million thus far,
encompassing both acquisition and development costs, including professional fees. From the pre-
application phase to the present, the Applicant has diligently met every requirement set forth by
the city, paid all required fees and has continued to move forward with the development of the
Project. It's worth noting that all other cities provide such extensions especially due to COVID
delay.
Some comments indicate that there is confusion regarding the Applicant and its intention to operate
the Project. The Applicant is a local business owner and plans to develop and operate the Project.
The Applicant already operates similar developments in nearby jurisdictions and is an upstanding
member of the community, as evidenced through the letter written by The National Exchange Club
of Tustin, attached hereto as Exhibit A.
Comments made at the hearing indicate that there was disappointment regarding the lack of
outreach by the Applicant within the community. In addition to meetings with individual
community members, the Applicant attended several public community meetings, including one
on July 29, 2021 at the Alberhill Ranch Community Clubhouse and others leading up to the
January 2022 hearing, to discuss the Project. As a result of those meetings, additional conditions
of approval were added to the Project approvals to address security and maintenance concerns. No
additional outreach was required as part of the 2022 Project approvals. To the extent that
Members of the Lake Elsinore City Council
April 11, 2024
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75807498;2
community members have questions or concerns about the Project, the Applicant would be happy
to meet with them individually or set up a group meeting. Notwithstanding the Applicant’s desire
to continue to meet with the community now, those concerns about what did or did not happen in
2021 and 2022 is not a legally permissible basis to now deny this request for extension in 2024.
The Applicant respectfully contends that the denial of the extension by the City Council members,
without a legally permissible basis, and despite full endorsement from the City Staff, is unjust and
should be reconsidered.
Sincerely,
Lisa Kolieb
Partner
cc: Jason Simpson, City Manager
Damaris Abraham, Community Development Director
Barbara Leibold, City Attorney
David Mann, Assistant City Attorney
Applicant
Stephen Allen Jamieson, Esq./Solomon, Saltsman & Jamieson
Peter Buffa
Greg Hann, Empire Design Group
75807498;2
EXHIBIT A
April 07,2024
To Whom It May Concern:
My name is Mrs. Randi Bernstein. I am the wife of former two- time Mayor Dr. Allan Bernstein
of the city of Tustin, California. I am also the President for the last ten years of The Exchange
Club of Tustin, 501C3 nonprofit. I am writing to offer a glowing reference for Didar “Danny”
Singh as a local business owner (Tustin Field Gas and Food) in Tustin, a philanthropist and
citizen. Didar is a well known and well liked local merchant. He has also supported our club
each year for financial donations to help homeless veterans and homeless children in this
community. Since 2015, he has been a devoted donor to our veterans and any other project we
undertook.
Danny is an asset to any project he is part of. We would endorse his involvement in any
endeavor. He would be an asset to any community he is involved with.
Please do not hesitate to contact me with any questions you may have.
Randi Bernstein, President
Exchange Club of Tustin
13844 Comanche
Tustin Ca 92782
714 606-4320