HomeMy WebLinkAbout2024-064 CDR 2019-05 EOT Resolution to August 9, 2026RESOLUTION NO. 2024-64
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. 2019-05 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 17.415.050 requires that a
developer wishing to extend the life of a commercial design review make a written application to
the approving authority prior to the expiration of the commercial design review approval;
Whereas, Ahmad Zaki, Zairey, Inc., submitted a request for an extension of time for CDR
No. 2019-05 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 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 Section 17.415.050.G of the LEMC, the Council
makes the following findings for approval of an extension of time for Commercial Design Review
No. 2019-05:
1. The Project, as approved, will comply with the goals and objectives of the General Plan and
the Zoning District in which the Project is located.
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 emphasis on
retail, service, civic and professional office uses. The Floor Area Ratio (FAR) for non-
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CC Reso. No. 2024-64
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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.
The current zoning for the subject site is Commercial Mixed Use (CMU). Per Section
17.134.020 of the LEMC, convenience stores, food establishments, and apartment units are
permitted uses in the CMU zone while carwashes and drive-through establishments are
conditionally permitted uses. The Community Development Director has reviewed and
determined Gasoline Dispensing Establishments to be in accord with the purpose of the
CMU zone and having characteristics similar to those uses listed in Section 17.134.020 as
requiring a Conditional Use Permit. Further, the proposed Project will assist in achieving the
development of a well-balanced and functional mix of residential, commercial, industrial,
open space, recreational and institutional land uses.
2. The Project complies with the design directives contained in the General Plan and all other
applicable provisions of the LEMC.
The architectural design of the proposed building complies with the Nonresidential
Development Standards (Chapter 17.112) and Residential Development Standards
(Chapter 17.44) of the LEMC. The architecture has been designed to achieve harmony and
compatibility with the surrounding area. The colors and materials proposed will assist in
blending the architecture into the existing landscape and are compatible with other colors
and materials used on other properties near the project site. In addition, safe and efficient
onsite circulation has been considered in the project’s design.
3. The Project complies with current laws, standards, and policies in accordance with Section
17.415.050.I 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, both written and testimonial, and the
above findings, and the Conditions of Approval imposed upon the project, the Council hereby
approves a two-year extension of time for Commercial Design Review No. 2019-05 to August 9,
2026.
Section 5: This Resolution shall take effect immediately upon its adoption.
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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
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. 2024-64 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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