HomeMy WebLinkAboutCC Reso No 2020-078 CUP for Planning Application No. 2016-112 - Kassab Travel Center
RESOLUTION NO. 2020-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2018-03 TO
ESTABLISH THE KASSAB TRAVEL CENTER LOCATED AT APNS: 378-030-
007 AND 009
Whereas, Joseph Karaki, Karaki Western States Engineering, Inc., has filed an
application with the City of Lake Elsinore (City) requesting approval of Planning Application No.
2016-112 (Municipal Code Amendment No. 2017-02, Conditional Use Permit No. 2018-03, and
Commercial Design Review No. 2016-17). The Project site is located in the central portion of the
City, near the southwest corner of Riverside Drive and Collier Avenue and encompasses
Assessor Parcel Numbers (APNs) 378-030-007 and 378-030-009; and
Whereas, Municipal Code Amendment (MCA) No. 2017-02 proposes an amendment to
Chapter 17.132 of the Lake Elsinore Municipal Code (LEMC) to allow for drive-through
establishments as a use subject to approval of a Conditional Use Permit in the Commercial
Manufacturing (C-M) District; and
Whereas, Conditional Use Permit No. 2018-03 and Commercial Design Review No. 2016-
17 are proposing to establish a new travel center consisting of an 8,360 square foot (SF)
convenience store with concurrent sale of alcoholic beverages (Type 21 ABC), three (3) quick
serve restaurants, two (2) covered gas dispensing areas (with a maximum throughput of 5.8
million gallons of gasoline per year) totaling 6,092 SF, and a free-standing 2,543 SF fast-food
restaurant with a drive-through on a 2.39 net acre site after right-of-way dedication. The Project
will provide 59 total vehicular parking spaces, three (3) RV parking spaces, and a service loading
area along the northern property line; and
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that
certain uses are desirable but may have operational characteristics that disproportionately impact
adjoining properties, businesses, or residents. Accordingly, such uses require a more
comprehensive review and approval procedure, including the ability to condition the project in
order to mitigate significant impact; and
Whereas, pursuant Section 17.410.070 (Approving Authority) and Section 17.410.030
(Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated
with the responsibility of making recommendations to the City Council (Council) pertaining to
conditional use permits; and
Whereas, on November 5, 2019 and June 16, 2020 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 and adopted a resolution recommending that the
Council approve Conditional Use Permit (CUP) No. 2018-03; and
Whereas, pursuant to Section 17.410.070 of the LEMC, the Council has the responsibility
of making decisions to approve, conditionally approve, or disapprove recommendations of the
Commission for conditional use permits; and
Whereas, on July 14, 2020, 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.
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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 considered the Project and has found it acceptable.
Section 2: On July 14, 2020, after consideration and evaluation of all written reports and
comments and oral testimony presented by the Community Development Department and other
City departments, property owners, residents and other interested parties and such other matters
as are reflected in the record of the noticed Public Hearing on the Project, the Council adopted a
resolution finding and determining that the Mitigated Negative Declaration (ER 2018-02) (SCH
No. 2019029048) is adequate and is prepared in accordance with the requirements of CEQA.
Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the Council
makes the following findings regarding Conditional Use Permit No. 2018-03:
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.
The Project has a General Plan Land Use designation of Limited Industrial (LI) and is
located in the Business District. The LI Land Use designation provides for industrial parks,
warehouses, manufacturing, research and development, public and quasi-public uses,
and similar and compatible uses with a maximum 0.45 Floor Area Ratio (FAR). The
proposed Project, which includes a gas station, convenience store and drive-through
restaurant, are all supportive and compatible uses with the other intended uses of the LI
Land Use Designation. The proposed Project would also have a 0.162 FAR. Therefore,
the Project is consistent with the General Plan. The current zoning for the subject site
Commercial Manufacturing (C-M). The proposed service station is a permitted use Section
17.132.020.U of the C-M Zone, fast food restaurants are permitted subject to the approval
of a Conditional Use Permit per Section 17.132.020.D of the C-M Zone; Drive-through
establishments are not currently listed as a permitted or conditionally permitted use in the
C-M zone. However, the approval of Municipal Code Amendment No. 2017-02 will allow
drive-through establishments as a use subject to approval of a Conditional Use Permit in
the C-M Zone. 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 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 use does not propose either directly or indirectly any detrimental effects to
the existing surrounding community. The Project has been conditioned as such to avoid
any possible negative impacts associated with the proposed use.
3. The Site for the intended use is adequate in size and shape to accommodate the use, and
for all the yards, setbacks, walls or fences, landscaping, buffers and other features
required by this title.
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The proposed use has been analyzed and staff has determined that the proposed use
meets all applicable sections of the LEMC and will complement the existing uses, based
on the submitted plans and the conditions of approval imposed on the Project.
4. The Site for the proposed use relates to streets and highways with proper design both as
to width and type of pavement to carry the type and quantity of traffic generated by the
subject use.
Riverside Drive is a State Highway, SR‐74, and is under the jurisdiction of Caltrans. The
applicant would improve Riverside Drive to Caltrans standards to its ultimate right‐of‐way,
which requires 96 feet from curb‐to‐curb. The applicant would dedicate between 21 feet
and 36 feet (street tapers in toward the west) in order to allow their half‐section of Riverside
Drive to be consistent with the Urban Arterial (half) cross section (center median, three
travel lanes, six‐foot bike lane, and six‐foot sidewalk – in one direction). Collier Avenue is
a Major roadway as shown in the General Plan. Collier Avenue, along the Project Site’s
frontage, is not constructed to its ultimate Major roadway width of 80 feet, curb‐to‐curb.
The applicant would dedicate approximately ten feet in order to allow its half‐section of
Collier Avenue to be consistent with the Major roadway (half) cross section (center
median, two travel lanes, six‐foot bike lane, and five‐foot sidewalk – in one direction).
Street improvements on the west side of Collier Avenue, along the Project Site’s frontage,
would include widened sidewalk, landscape, parkway from six feet to ten feet, and a new
six‐foot wide bike lane (Class II – striped, on‐pavement). These improvements will be
sufficient for the type and quantity of traffic generated by the proposed use.
5. In approving the subject use at the specific location, there will be no adverse effect on
abutting properties or the permitted and normal use thereof.
The Conditional Use Permit has been thoroughly reviewed and conditioned by all
applicable City departments thereby eliminating the potential for any adverse effects.
6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including
guarantees and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in accordance with
the objectives of this chapter and the planning district in which the site is located.
Pursuant to Section 17.415.070.B of the LEMC, the Project was considered by the
Planning Commission at a duly noticed Public Hearing on November 5, 2019 and June
16, 2020, and subsequently by the City Council at a noticed Public Hearing on July 14,
2020, appropriate and applicable conditions of approval have been included to protect the
public health, safety and general welfare.
Section 4: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the Project, the Council hereby approves Conditional Use Permit No.
2018-03.
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.
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Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 14th day of July 2020.
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, do hereby certify that
Resolution No. 2020-78 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of July 14, 2020 and that the same was adopted by the following vote:
AYES: Council Members Manos, Johnson, and Sheridan; Mayor Pro-Tem Magee; and
Mayor Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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