HomeMy WebLinkAbout2024-063 CUP 2019-03 EOT Resolution to August 9, 2026
RESOLUTION NO. 2024-63
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. 2019-03 TO AUGUST 9, 2026
Whereas, on August 9, 2022, the City Council (Council) approved Tentative Tract Map
(TTM) No. 37578, Conditional Use Permit (CUP) No. 2019-03, Commercial Design Review (CDR)
No. 2019-05, a Uniform Sign Program No. 2019-01 to develop a new mixed-use commercial and
residential development including a 10-dispenser gasoline station, quick-serve restaurant, drive-
through fast food restaurants, office and retail spaces, and up to 74 multi-family dwelling units.
The project site is located at the northwest corner of Grand Avenue and State Route 74/Ortega
Highway and includes Assessor Parcel Numbers 381-320-023 and 381-320-020;
Whereas, the Lake Elsinore Municipal Code (LEMC) Section 17.415.070 requires that a
developer wishing to extend the life of a conditional use permit make a written application to the
approving authority prior to the expiration of the conditional use permit approval;
Whereas, Ahmad Zaki, Zairey, Inc., submitted a request for an extension of time for CUP
No. 2019-03 on July 9, 2024; and
Whereas, on December 10, 2024, at a duly noticed Public Hearing the Council has
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 Council has reviewed and analyzed the proposed project pursuant to the
appropriate Planning and Zoning Laws, and Title 17 of the LEMC.
Section 2: The Council finds and determines that and no new environmental
documentation is necessary because all potentially significant effects have been adequately
analyzed in an earlier Mitigated Negative Declaration (MND) (ER 2019-04) (SCH No.
2021120417). All potentially significant impacts have been avoided or mitigated pursuant to the
earlier MND and none of the conditions described in Section 15162 exist. MND (SCH No.
2021120417) was adopted by the City Council on August 9, 2022 for this project. No substantial
changes that require major revisions to the MND exist and no new information of substantial
importance that require revisions to the earlier MND exist.
Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the Council
makes the following findings for approval of an extension of time for Conditional Use Permit No.
2019-03:
1. That the proposed use, on its own merits and within the context of its setting, is in accord
with the objectives of the General Plan and the purpose of the planning district in which
the site is located.
a. The Project has a General Plan Land Use designation of Commercial Mixed Use (CMU)
and is located within the Lake Edge District. This designation provides for a mix of
residential and non-residential uses within a single proposed development area, with an
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emphasis on retail, service, civic and professional office uses. The Floor Area Ratio
(FAR) for non-residential uses is 0.80 and a minimum of 50% of the total floor area shall
be commercial uses. Residential densities shall be between 7 and 18 dwelling units per
net acre. The project is proposing to develop a mixed-use project with a commercial
development that includes a convenience store, gas station, express car wash, and
drive-through and quick-serve restaurants with a 0.22 FAR. The project also includes a
residential component with up to 15.7 units per acre. Therefore, the project is consistent
with the Commercial Mixed Use General Plan land use designations for the site. The
proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan as it would provide a mixture of land uses
residential and commercial land uses to meet the needs of the community. A variety of
housing, commercial, and commercial mixed use designations have been assigned to
the southwest portion of the Lake Edge District to provide future stimulus to the adjacent
neighborhood. The Project would provide a mixture of commercial and residential uses
which would increase the number of rooftops in the neighborhood and provide additional
stimulus to the neighborhood and is therefore consistent with the objectives of the Lake
Edge District.
2. The proposed use will not be detrimental to the general health, safety, comfort or general
welfare of persons residing or working within the neighborhood of the proposed use or the
City, or injurious to property or improvements in the neighborhood or the City.
The proposed uses will not have detrimental effects to the existing surrounding community
because the project has been conditioned as such to avoid any possible negative impacts
associated with the proposed uses.
3. The Project complies with current laws, standards, and policies in accordance with Section
17.415.070.D of the LEMC.
The extension of time request has been reviewed by all applicable City divisions,
departments and agencies to ensure that the project complies with all applicable current
laws, standards and policies.
Section 4: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the Project, the Council hereby approves a two-year extension of time
for Conditional Use Permit No. 2019-03 to August 9, 2026.
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.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 10th day of December 2024.
Steve Manos
Mayor
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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. 2024-63 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of December 10, 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
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