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HomeMy WebLinkAboutResolution 2021-55 TTM 37922 APN 389-030-012 Through 018 RESOLUTION NO. 2021-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVE 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); Whereas, the City prepared a Draft 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 Regu lations, 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; Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of a 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; 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE PC Reso. No. 2021-55 Page 2 of 4 Section 1: Prior to making a recommendation to the Council, the Commission has reviewed and analyzed the proposed project pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC. Section 2: The Commission has considered and evaluated all written and oral staff reports and comments received from persons who have reviewed the DEIR, the comments submitted on the DEIR; the public testimony, and such other matters as are reflected in the record of the public hearing on the Project and the DEIR. The Commission hereby recommends to the Council that the EIR for the Project is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto. The Commission has reviewed and considered the information contained in the Draft EIR and finds that the Draft EIR represents the independent judgment of the City. Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Commission 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 Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE PC Reso. No. 2021-55 Page 3 of 4 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 Commission hereby recommends that the Council approve Tentative Tract Map No. 37922. Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 21st day of December, 2021. John Gray Chair Attest: _____________________FOR: Justin Kirk Assistant Community Development Director Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE PC Reso. No. 2021-55 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2021 -55 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on December 21, 2021 and that the same was adopted by the following vote: AYES: Commissioners Carroll, Peters and Klaarenbeek; Vice Chair Dobler; and Chair Gray NOES: ABSTAIN: ABSENT: FOR: Justin Kirk Assistant Community Development Director Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE