HomeMy WebLinkAboutItem No. 03 Ordinance PA No. 2016-112 Kassab Travel CenterCity Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 19-678
Agenda Date: 7/28/2020 Status: Approval FinalVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 3)
Second Reading of Ordinance Regarding Planning Application No. 2016-112 (Kassab Travel
Center)
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.132 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING DRIVE-THROUGH ESTABLISHMENTS IN THE
COMMERCIAL MANUFACTURING (C-M) DISTRICT.
Page 1 City of Lake Elsinore Printed on 7/23/2020
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Candice Alvarez, MMC, City Clerk
Date: July 28, 2020
Subject: Second Reading of Ordinance Regarding Planning Application No.
2016-112 (Kassab Travel Center)
Recommendation
Adopt by title only and waive further reading of AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 17.132 OF
THE LAKE ELSINORE MUNICIPAL CODE REGARDING DRIVE-THROUGH
ESTABLISHMENTS IN THE COMMERCIAL MANUFACTURING (C-M) DISTRICT.
Background
At its Regular meeting on July 14, 2020, the City Council introduced by title only and
waived further reading of the Ordinance.
Exhibit
Exhibit A – Ordinance
ORDINANCE NO. 2020-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING CHAPTER 17.132 OF THE LAKE ELSINORE
MUNICIPAL CODE REGARDING DRIVE-THROUGH ESTABLISHMENTS IN THE
COMMERCIAL MANUFACTURING (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 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 Comm ercial 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 resolution recommending
that the Council approve MCA No. 2017-02; 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
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 LEMC and finds and
determines that:
Ord. No. 2020-___
Page 2 of 3
1. The proposed zoning code amendments to Section 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 to Section 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 does not 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 int erfere 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 underlined and deletions in strikethrough):
D. Eating places and fast food establishments; excluding including drive-in and drive-through
establishments.
Section 4: Severability. If any provision of this Ordinance or its application is held invalid
by a court of competent jurisdiction, such invalidity shall not affect other provisions, sections, or
applications of the Ordinance which can be given effect without the invalid provision or
application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5: Effective Date. This Ordinance shall become effective at 12:01 a.m. on the
thirty-first (31st) day after the date of adoption.
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 and Adopted on this _____day of __________, 2020.
____________________________
Brian Tisdale, Mayor
Attest:
Candice Alvarez, MMC
City Clerk
Ord. No. 2020-___
Page 3 of 3
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, do hereby certify that the
foregoing Ordinance No. 2020-_____ was introduced at the Regular meeting of July 14, 2020,
and adopted by the City Council of the City of Lake Elsinore at its R egular meeting of
________, 2020, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
I further certify that said Synopsis was published as required by law in a newspaper of general
circulation in the City of Lake Elsinore, California on the _____day of __________, 2020, and
on the ______day of _________, 2020.
____________________________
Candice Alvarez, MMC
City Clerk