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HomeMy WebLinkAboutItem No. 11 - Resolution Denying a Request for Extension of Time for Tentative Tract Map No. 3_2024062123141121311)Resolution 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 Adopt 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. Page 1 of 2 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Damaris Abraham, Community Development Director Date:June 25, 2024 Subject:Resolution 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 Recommendation Adopt 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. 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 for an integrated commercial and retail project. The City Council voted 4-1 to deny the extension of time request for the subject project. On April 9, 2024, the City Council voted to rescind its March 12, 2024 decision and schedule the item for a new Public Hearing to reconsider the extension of time request. On May 28, 2024, the City Council held a public hearing to reconsider the extension of time request. Following the close of the public hearing, the City Council by a 4-1 vote indicated its intent to deny the request for an extension of time for the tract map, conditional use permit, and design review and directed staff to prepare a resolution consistent with the action taken by the City Council. TTM 37922, CUP 2019-19, and CDR 2019-27 EOT) Page 2 of 2 1 2 4 3 Discussion Staff has prepared a resolution and included findings for the denial consistent with the evidence presented to the City Council and the City Council’s discussion at the May 28, 2024 public hearing. A copy of the May 28, 2024 Meeting Minutes for this item is attached for reference. A copy of the May 28, 2024 Report to City Council is also attached and provides information concerning the project’s background and a discussion of the request. Fiscal Impact There are no fiscal impacts associated with this item. Attachments Attachment 1 – Resolution Attachment 2 – May 28, 2024 Report to City Council [without exhibits] Attachment 3 – May 28, 2024 Meeting Minutes, Item 16 RESOLUTION NO. 2024____ 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 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. CC Reso. No. 2024- Page 2 of 3 3 7 5 7 2 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 __ day of __________ 2024. Steve Manos Mayor Attest: Candice Alvarez, MMC City Clerk CC Reso. No. 2024- Page 3 of 3 3 7 5 7 2 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 Page 1 of 3 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Damaris Abraham, Community Development Director Date:May 28, 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 Reconsider the extension of time request for Tentative Tract Map (TTM) No. 37922, Conditional Use Permit (CUP) No. 2019-19, and Commercial Design Review (CDR) No. 2019-27, receive public comments if any, and direct staff to prepare a resolution based on the action taken by the City Council to approve or deny the extension of time request. Background The subject project was approved by the City Council on January 25, 2022. The approval was to subdivide the approximately six-acre project site into six (6) lots and to develop new buildings for commercial and retail uses. The project site currently consists of an 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). Prior to the expiration date of the project’s approvals, the applicant requested an extension of time. On March 12, 2024 at a duly noticed Public Hearing, the City Council voted 4-1 to deny the extension of time request. At the April 9, 2024 City Council 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. Detailed information concerning the project is provided below. TTM 37922, CUP 2019-19, and CDR 2019-27 EOT) Page 2 of 3 1 1 7 1 Discussion On January 25, 2022, the City Council certified Environmental Impact Report (ER 2020-03) (SCH No. 20200080538) and approved TTM No. 37922, CUP No. 2019-19, and CDR No. 2019-27. TTM No. 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 No. 2019-19 and CDR No. 2019-27 propose to establish approximately 32,695 sq. ft. of commercial and retail uses as outlined below: Parcel 1: 3,320 sq. ft. drive-through restaurant (Drive-Thru A) with an attached 1,600 sq. ft. retail building (Retail C); Parcel 2: 2,520 sq. ft. drive-through restaurant (Drive-Thru B) with an attached 2,400 sq. ft. retail building (Retail D); Parcel 3: 3,150 sq. ft. express car wash; Parcel 4: 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; Parcel 5: 4,850 sq. ft. retail building (Retail B) and four (4) stormwater bio-retention basin areas; and Parcel 6: 4,850 sq. ft. retail building (Retail A). The original expiration date for TTM No. 37922, CUP No. 2019-19, and CDR No. 2019-27 was January 25, 2024. On November 3, 2023, the applicant submitted a two-year extension of time request. 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. 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 TTM No. 37922 if this extension of time request is approved. 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 date of an approved CUP and CDR may be extended for no more than two (2) years. The two- TTM 37922, CUP 2019-19, and CDR 2019-27 EOT) Page 3 of 3 1 1 7 1 year extension of time for CUP No. 2019-19 and CDR No. 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, no new environmental documentation is necessary because all potentially significant effects have been adequately analyzed in an earlier Environmental Impact Report (EIR) (SCH# 2020080538), and none of the conditions described in Section 15162 exist. EIR (SCH# 2020080538) 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 that require major revisions to the EIR exist, and no new information of substantial importance which requires revisions to the EIR exists. 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, seven (7) 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 – Conditions of Approval Attachment 2 – GIS Exhibits Attachment 3 – TTM No. 37922 Attachment 4 – Design Review Package Attachment 5 – Public Notice Materials Attachment 6 – Letters from Applicant’s Representatives Attachment 7 – Public Comments City Council Minutes - Draft May 28, 2024 City of Lake Elsinore Page 7 PUBLIC HEARING 16) 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) Reconsider the extension of time request for Tentative Tract Map (TTM) No. 37922, Conditional Use Permit (CUP) No. 2019-19, and Commercial Design Review (CDR) No. 2019-27, receive public comments if any, and direct staff to prepare a resolution based on the action taken by the City Council to approve or deny the extension of time request. The Public Hearing was opened at 7:40 p.m. Community Development Director Abraham presented the staff report. Paulie Tehrani was called to speak. Ace Vallejos was called to speak. Araceli Jimenez was called to speak. Cynthia Bushner was called to speak. Lisa Kolieb and Stephen Jamieson spoke on behalf of the applicant. The Public Hearing was closed at 8:21 p.m. A motion was made by Council Member Johnson, seconded by Mayor Pro Tem Tisdale to direct staff to prepare a resolution to deny the extension of time request. The motion carried by the following vote: Aye: 4 Council Members Sheridan, Johnson and Magee; and Mayor Pro Tem Tisdale Nay: 1 Mayor Manos PUBLIC COMMENTS - NON-AGENDIZED ITEMS - THREE MINUTES Paulie Tehrani was called to speak. CITY ATTORNEY COMMENTS Assistant City Attorney Mann had no comments. CITY MANAGER’S COMMENTS City Manager Simpson had no comments. CITY COUNCIL COMMENTS/REPORTS ON MEETINGS ATTENDED Council Member Magee congratulated the Councilman’s Catfish Challenge winner, Steve Bugman” Duncan; and invited the community’s kids to participate in the Just 4 Kids Fishing Derby on Saturday, June 1, 2024 from 7:30 to 10:30 a.m. at the Levee.