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HomeMy WebLinkAbout2024-030 Denying EOT for TTM No. 37922 CUP No. 2019-19 and CDR No. 2019-27 (Lake and Mountain Commercial Center)RESOLUTION NO. 2024-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DENYING A 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 for an integrated commercial and retail project; 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; Whereas, on March 12, 2024, at a duly noticed Public Hearing, the City Council voted 4- 1 to deny the extension of time request; Whereas, on April 9, 2024, at a duly noticed Public Meeting, the City Council voted 4-1 to rescind its March 12, 2024 decision and schedule the item for a new Public Hearing to reconsider the extension of time request; and Whereas, on May 28, 2024, at a duly noticed Public Hearing, the City Council considered both oral and written evidence presented by the Community Development Department, the project applicant 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. Tentative Tract Map No. 37922, Conditional Use Permit No. 2019-19 and Commercial Design Review No. 2019-27 provide for the development of a 32,695 square feet commercial and retail project and, as such, the City Council has considered the extension request to be fully integrated and for a single project. 2. Circumstances have changed since approval of the project on January 25, 2022. Road way traffic conditions have worsened and full funding for road improvements will not be available in the near term. The needs in the community for the proposed uses have also DocuSign Envelope ID: 9BDF9D15-EDD8-4086-9C90-4EABA12DB209 CC Reso. No. 2024-30 Page 2 of 3 changed as the City has approved several car wash and gas station projects leading to an oversaturation of those businesses in the intervening two-year period. 3. Granting the extension would create a traffic hazard in the area. The site design with two driveways on Lake Street creates a 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. 4. Granting the extension would have the tendency to devalue the surrounding rural area and residences. The existing development context is predominantly residential uses and schools. Given the established residential neighborhood and the need for services that directly serve residents such as a health care facility, the proposed uses including a gas station, express car wash, and drive-through restaurants are not good overall planning and will potentially generate further traffic concerns near an intersection with current major safety issues that have resulted in recurring vehicle accidents witnessed and reported by residents. 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 25th day of June 2024. Steve Manos Mayor Attest: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 9BDF9D15-EDD8-4086-9C90-4EABA12DB209 CC Reso. No. 2024-30 Page 3 of 3 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. 2024-28 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of June 25, 2024 and that the same was adopted by the following vote: AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro Tem Tisdale; and Mayor Manos NOES: None ABSENT: None ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: 9BDF9D15-EDD8-4086-9C90-4EABA12DB209