HomeMy WebLinkAboutOrd. No. 2020-1435 PA 2016-112 Kassab Travel Center
ORDINANCENO. 2020-1435
ANORDINANCEOFTHECITYCOUNCILOFTHECITYOFLAKEELSINORE,
CALIFORNIA,AMENDINGCHAPTER17.132OFTHELAKEELSINORE
MUNICIPALCODEREGARDINGDRIVE-THROUGHESTABLISHMENTSIN
THECOMMERCIALMANUFACTURING(C-M)DISTRICT
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 Avenueandencompasses
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, pursuant to Section 17.415.050 (Zoning Amendments) of the LEMC,the
Planning Commission (Commission) has been delegated with the responsibility of reviewing and
making recommendations to the City Council (Council) regarding changes to Title 17 of the LEMC;
and
Whereas, on November 5, 2019 and June 16, 2020, 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 resolutionrecommending
that the Council approve MCA No. 2017-02;and
Whereas,onJuly 14, 2020at aduly 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 OFTHE CITY OF LAKE ELSINORE DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1: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 2:After consideration and evaluation of the Planning Commission’s
recommendation, 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 City Council has reviewed and analyzed the proposed
amendment to the LEMCand finds and determines that:
Ord. No. 2020-1435
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1.The proposed zoning code amendments toSection 17.132.030.D will not be: a)
detrimental to the health, safety, comfort or general welfare of the persons residing or
working within the City, or b) injurious to the property or improvements within the City.
The proposed zoning code amendment has been analyzed relative to its potential to have
detrimental effects and it has been determined that the amendment has no impact upon
the public’s health, safety, comfort and general welfare because the proposed municipal
code revision proposes to add drive-through establishments as a conditional use that will
individually analyzed on a case by case basis consistent with and to better complement
and support the other uses in the Commercial Manufacturing (C-M) zone.
2.The proposed zoning code amendments toSection 17.132.030.D is consistent with the
requirements of California Planning and Zoning Law and with the Goals, Policies and
Implementation Programs of the General Plan and the development standards
established with the LEMC.
The proposed zoning code amendment doesnot create new zoning districts, remove
existing zoning districts or rezone a property.The proposed zoning code amendment does
not affect the density or intensity of uses and will not interfere with the implementation of
the goals, policies, and implementation programs of the General Plan.
Section 3:Section 17.132.030.D (Uses subject to a conditional use permit) of the LEMC
is hereby amended to read as follows (new text underlinedand deletions in strikethrough):
D. Eating places and fast food establishments; excludingincludingdrive-in and drive-through
establishments.
Section 4:Severability.IfanyprovisionofthisOrdinanceoritsapplicationisheld
invalidbya courtofcompetentjurisdiction,suchinvalidityshallnotaffectotherprovisions,
sections, orapplicationsoftheOrdinancewhichcanbegiveneffectwithouttheinvalidprovision
orapplication,andtothisendeachphrase,section,sentence,orwordisdeclaredtobe severable.
Section 5:Effective Date.ThisOrdinanceshallbecomeeffectiveat12:01a.m.on
st
thethirty-first (31)dayafterthedateofadoption.
Section 6:Certification. The City Clerk shall certify to the passage of this Ordinance
and shall cause a synopsis of the same to be published according to law.
PASSED,APPROVED,ANDADOPTED ataregular meetingoftheCityCouncilofthe
th
CityofLakeElsinore,California,on this 28day of July2020.
Brian Tisdale
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
Ord. No. 2020-1435
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF LAKE ELSINORE)
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, dohereby certify that
Ordinance No. 2020-1435was introduced at the Regular meeting of the City Council of July 14,
2020, and adopted by the City Council of the City of Lake Elsinore, California, at the Regular
meeting of July 28, 2020 and that the same wasadopted by the following vote:
AYES:Council Members Johnson and Sheridan; Mayor Pro-Tem Magee;and Mayor Tisdale
NOES:None
ABSENT:Council Member Manos
ABSTAIN:None
Candice Alvarez, MMC
City Clerk