HomeMy WebLinkAbout2021-082 Planning Application No. 2020-106 (Sunny Express Carwash) CUP 2020-17
RESOLUTION NO. 2021-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2020-17 TO
ESTABLISH A 5,436 SQUARE FOOT AUTOMATED CARWASH LOCATED AT
31401 RIVERSIDE DRIVE (APN: 379-160-002)
Whereas, Jefferson Choi, SynArc Studio has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2020-106 (Conditional Use Permit
No. 2020-17 and Commercial Design Review No. 2020-01) proposing to demolish two (2) existing
abandoned commercial buildings and construct a new automated 5,436 sq. ft. carwash building
with 30 parking spaces. The project proposes to develop approximately 1.26-acres of the
approximately 2.45-acre project site. The proposed project is located southerly of Walnut Drive
and on the easterly side of Riverside Drive, more specifically 31401 Riverside Drive (APN: 379-
160-002); and,
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat
Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell
undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process
to analyze the scope of the proposed development and establish a building envelope that is
consistent with the MSHCP criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency
findings demonstrating that the proposed discretionary entitlement complies with the MSHCP
Criteria Cell, and the MSHCP goals and objectives; and,
Whereas, Section 17.415.070.A of the Lake Elsinore Municipal Code (LEMC) provides
that certain uses have operational characteristics that, depending on the location and design of
the use, may have the potential to negatively impact adjoining properties, businesses or residents
and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the
City to comprehensively review and approve the use; and,
Whereas, pursuant to Section 17.415.070.B of the LEMC, the Planning Commission
(Commission) has been delegated with the responsibility of reviewing and approving, conditionally
approving, or denying Conditional Use Permits; and,
Whereas, on May 18, 2021, 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 denied Conditional Use Permit No. 2020-17; and,
Whereas, pursuant to Section 17.410.090 of the LEMC, the notice of decision regarding
the Commission’s action regarding the project was placed on the June 8, 2021 City Council
(Council) agenda; and,
Whereas, pursuant to Section 17.410.100.F of the LEMC, on June 8, 2021, the Council
elected to review and reconsider the Commission’s decision and ordered the matter set for a
noticed public hearing on June 22, 2021; and,
Whereas, on June 22, 2021, at a duly noticed Public Hearing, the Council has considered
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 its consistency with the MSHCP
prior to adopting Findings of Consistency with the MSHCP.
Section 2: That in accordance with the MSHCP, the Council makes the following findings
for MSHCP consistency:
1. The project is not subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell.
2. The project site has been previously completely disturbed and graded for the development
of the existing two (2) buildings. The project is proposing to demolish these existing
buildings and construct a new car wash building. As such, the Riparian/Riverine Areas
and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable.
3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines
as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as
set forth in MSHCP Section 6.3.2 because the project is not located within any Narrow
Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The Project is consistent with the Fuels Management Guidelines because the Project site
is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The project has been conditioned to pay any applicable MSHCP Local Development
Mitigation fees.
Section 3: The Council finds that the proposed project is exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA
Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-Fill
Development Projects. The project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City’s boundaries on a
site less than five acres surrounded by urban uses. The subject property has no value as habitat
for endangered, rare or threatened species. Approval of the project will not result in any significant
effects relating to traffic, noise, air quality, or water quality and the project is adequately served
by all required utilities and public services.
Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the Council
makes the following findings regarding Conditional Use Permit No. 2020-17:
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 site has a General Plan Land Use designation of General Commercial (GC)
that allows for retail, services, restaurants, professional and administrative offices, hotels
and motels, mixed-use projects, public and quasi-public uses, and similar and compatible
uses with a maximum 0.40 Floor Area Ratio (FAR). The project is proposing to develop
an automated carwash business with 0.05 FAR. Therefore, the Project is consistent with
the General Plan. The current zoning for the subject site is General Commercial (C-2).
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The proposed use is identified as a permitted use subject to the approval of a Conditional
Use Permit within the C-2 zone. Further, the proposed commercial 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 project.
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.
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.
The project would include right-of-way dedication along Riverside Drive to its ultimate half‐
section width and constructing frontage improvements in accordance with City’s
Engineering Department and California Department of Transportation (Caltrans). 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 May 18, 2021 and subsequently
by the City Council at a duly noticed Public Hearing on June 22, 2021. Appropriate and
applicable conditions of approval have been included to protect the public health, safety
and general welfare.
Section 5: Based upon the evidence presented, both written and testimonial, and the
above findings, the Council hereby finds that the project is consistent with the MSHCP.
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Section 6: 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.
2020-17.
Section 7: This Resolution shall take effect immediately upon its adoption.
Section 8: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 22nd day of June 2021.
Robert E. Magee
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. 2021-82 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of June 22, 2021 and that the same was adopted by the following vote:
AYES: Council Members Tisdale, Johnson, and Manos; Mayor Pro Tem Sheridan; and
Mayor Magee
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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