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HomeMy WebLinkAboutCC Reso No 2020-079 CDR for Planning Application No. 2016-112 - Kassab Travel CenterRESOLUTION NO. 2020-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2016-17 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR 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 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, pursuant to Section 17.415.050 (Major Design Review), 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 design review applications; 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 Commercial Design Review (CDR) No. 2016-17; 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 design review applications; 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. 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 California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4 CC Reso. No. 2020-79 Page 2 of 3 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 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 Section 17.415.050.G of the LEMC, the Council makes the following findings regarding CDR No. 2016-17: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to diversify and expand Lake Elsinore’s economic base. 2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the LEMC. The Project is appropriate to the site and surrounding developments and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects through the use of a ‘Contemporary’ architectural design that is similar to existing commercial and industrial developments in the vicinity. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. 3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Section 17.415.050. Pursuant to Section 17.415.050.E of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing held on November 5, 2019 and June 16, 2020 and by the Council at a duly noticed Public Hearing on July 14, 2020. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves CDR No. 2016- 17. 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. DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4 CC Reso. No. 2020-79 Page 3 of 3 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. 2020-79 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 DocuSign Envelope ID: 5FBD91EC-CE43-4A78-BE0B-1C00853F23F4