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Home My WebLink About2021-116 PA 2020-109 Conditional Use Permit RESOLUTION NO. 2021-116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-03 TO ESTABLISH A DRIVE THROUGH WITHIN A NEW 893 SQUARE FOOT RESTAURANT LOCATED AT ASSESOR PARCEL NUMBER (APN) 379-224- 015 Whereas, Angie Allen of Steeno Designs, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2020-109 (Conditional Use Permit No. 2021-03, Commercial Design Review No. 2021-06 and Tentative Parcel Map No. 38004). The Project consists of Tentative Parcel Map 38004 that would subdivide an existing 1.09-acre site into two (2) lots, a Commercial Design Review application for the purposes of the construction of an 893 square foot new Starbucks restaurant and a Conditional Use Permit to permit a drive through restaurant. The project is located at the northwest corner of the intersection of Riverside and Lakeshore and is more specifically referred to as Assessor Parcel Number (APN) 379-224- 015; and, Whereas, pursuant to Section 17.168.070 (Conditional Use Permits) 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, when an approval for an associated aspect of a project (TPM 38004) requires Council approval; and, Whereas, on August 3, 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 by unanimous action recommended approval of the project to the Council; and Whereas, pursuant to Section 17.415.070 (Conditional Use Permit), the Council has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission pertaining to Conditional Use Permits when an approval for an associated aspect of a project (TPM 38004) requires Council approval; and, Whereas, on September 28, 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. 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 prior to making a decision and has found it acceptable. Section 2: 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 DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131 CC Reso. No. 2021-116 Page 2 of 4 effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. Section 3. That in accordance with LEMC Section 17.415.070.C, Findings, the Council makes the following findings regarding Planning Application No. 2020-109 (Conditional Use Permit No. 2020-03): 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 site has a General Plan Land Use designation of General Commercial (GC) that provides 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 a gas station and a convenience store with 0.06 FAR. Therefore, the Project is consistent with the General Plan. The current zoning for the subject site General Commercial (C-2). 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. 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. 2. The proposed use will not result in 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. 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 proposed use is located within an existing built environment, inclusive of streets. The existing streets are of adequate size to facilitate safe and convenient transportation to and from the site. DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131 CC Reso. No. 2021-116 Page 3 of 4 5. In approving the subject use at the specific location, there will be no adverse ef fect 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 of the LEMC, the Project was considered by the Council at a duly noticed Public Hearing on September 28, 2021, 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 recommends that the Council approve Planning Application No. 2020-109 (Conditional Use Permit No. 2021-03). 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. Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore, California, this 28th day of September 2021. Robert E. Magee Mayor Attest: Candice Alvarez, MMC City Clerk / // DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131 CC Reso. No. 2021-116 Page 4 of 4 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. 2021-116 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of September 28, 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 DocuSign Envelope ID: C35DC878-9F47-4107-99C1-2A3141A35131