HomeMy WebLinkAboutAttachment 7 - VAR ResolutionRESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2025-08 TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 15 FT. TO 6 FT. DUE TO SITE CONSTRAINTS
FOR THE COMMERCIAL MANUFACTURING FACILITY LOCATED AT APN: 371-150-017
Whereas, Guy Selleck, G.E.M. Investments, LLC has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-19 (General Plan Amendment
No. 2022-01, Zone Change No. 2022-02, Conditional Use Permit No. 2022-17, Commercial Design Review No. 2022-12, and Variance No. 2025-08) to develop the 6.77-acre vacant site in two
(2) phases with two (2) new two-story commercial manufacturing warehouse buildings totaling 92,760 square feet. Each building is proposed to be approximately 46,000 square feet and
would include mezzanines, offices, and loading docks. The project is located on Grand Avenue and Kathryn Way and includes Assessor Parcel Number 371-150-017;
Whereas, Variance (VAR) No. 2025-08 to reduce the required front yard setback from 15 ft. to 6 ft. due to site constraints;
Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study
revealed that the Project would have potentially significant environmental impacts, but those potentially significant impacts could be mitigated to less than significant levels;
Whereas, based upon the results of the Initial Study (Environmental Review No. 2025- 02), and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that
it was appropriate to prepare and circulate a Mitigated Negative Declaration (MND) for the project. In accordance with CEQA Guidelines Section 15073, the MND was made available for
public review and comment for a minimum of 30 days beginning on September 5, 2025, and ending on October 6, 2025;
Whereas, on November 18, 2025, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2025090173) for the Project and adopted a Mitigation
Monitoring and Reporting Program;
Whereas, pursuant to Section 17.415.080 (Variances), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) 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 variance applications;
Whereas, on October 21, 2025, at a duly noticed Public Hearing, the Commission has considered evidence presented by the Community Development Department and other interested parties
with respect to this item, and adopted a resolution recommending that the Council Approve VAR No. 2025-08; and
Whereas, on November 18, 2025, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission 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 foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.
Section 2: The Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General
Plan (GP), and the LEMC and finds and determines that the proposed project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies
of the GP and the LEMC.
Section 3: That in accordance with Section 17.415.080.F of the LEMC, the Council makes the following findings regarding Variance No. 2025-08:
Adequate conditions and safeguards pursuant to LEMC, Section 17.172.050 have been incorporated into the approval of the variance to ensure development of the property in accord with
the objectives of the General Plan and the purpose of the planning district in which the site is located.
Appropriate and applicable conditions of approval have been included to protect the public health, safety, and general welfare. Further, compliance with the conditions of approval will
be reviewed during the plan check and inspection review process prior to commencing construction and operations.
There are special circumstances, pursuant to the purpose of Chapter 17.415.080 of the LEMC, applicable to the subject property which do not apply generally to other properties in the
neighborhood, and, therefore, granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and
district in which the subject property is located.
The applicant is requesting a variance due to the physical hardship based on the narrow width of the lot and unique topographical and environmental constraints affecting the property
that would preclude them from having the same rights as the surrounding properties. There is an active fault line and a sewer trunk line located at the rear of the property that bisects
the property. There are also known environmentally sensitive areas located at the rear of the property. Even though the subject property is rectangular in shape, its narrow width creates
physical challenges with developing the lot that meets all the required standards. All these factors limit the buildable area of the lot that is physically suitable for construction.
Granting the variance would not constitute a special privilege because there are certain unique physical circumstances on the existing property that would preclude the applicant from
having the same development rights as the surrounding properties.
In approving the variance, any reductions authorized from the strict interpretation of the zoning ordinance represents the minimum deviation from this code necessary to fulfill the purpose
of this chapter and enable reasonable development of the property.
The proposed variance would reduce the front yard setback in order to allow the applicant to reasonably develop their project consistent with the other lots located adjacent to the project
area. The proposed variance represents the minimum deviation necessary to
enable reasonable development of the property in a manner consistent with the surrounding area.
Granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone district in which the property
is situated.
Granting the variance would not constitute a special privilege because there are certain unique physical circumstances on the existing property unlike the other properties within the
vicinity with the same zone that do not have the same physical hardships and could develop their property consistently with the C-M zoning district’s development standards and requirements
contained in the LEMC. Because of the physical hardships, it would preclude the applicant from having the same development rights as the surrounding properties.
Section 4: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Council hereby approves Variance No. 2025-08.
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 on this 18th day of November, 2025.
Brian Tisdale
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, hereby certify that Resolution No. 2025-__ was adopted by the City Council of the City of Lake Elsinore,
California, at a regular meeting held on November 18, 2025, and that the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Candice Alvarez, MMC
City Clerk