HomeMy WebLinkAbout2022-014 PA 2019-34 (Lake & Mountain Commercial Center) - CUP
RESOLUTION NO. 2022-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-19 TO
ESTABLISH THE LAKE AND MOUNTAIN COMMERCIAL CENTER PROJECT
LOCATED AT APNS 389-030-012 THROUGH 018
Whereas, Danny Singh, Tiger Petroleum, Inc. has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2019-34 (Tentative Tract Map No.
37922, Conditional Use Permit No. CUP 2019-19, and Commercial Design Review No. 2019-27)
to develop an approximately 32,695 square foot (SF) commercial retail center on 6.07 acres of
land (Project). The Project proposes to subdivide the site into six (6) lots ranging in size from 0.66
acres to 1.10 acres. The remaining 0.44-acre portion of the site will be dedicated for road right-
of-way purposes. The Project also proposes to construct a 3,400 SF convenience store with an
attached 1,525 SF Quick-Serve Restaurant, 4,089 SF gas fueling canopy, a 3,150 SF express
car wash, two (2) 4,850 SF retail buildings, a 3,320 SF drive-thru restaurant with an attached
1,600 SF retail building, and a 2,520 SF drive-thru restaurant with an attached 2,400 SF retail
building with 170 parking spaces, landscaping, and related site improvements. The Project is
located at the northwest corner of Mountain Street and Lake Street (APNs: 389-030-012, 013,
014, 015, 016, 017, and 018); and,
Whereas, the City prepared a Draft Environmental Impact Report (EIR) (SCH No.
2020080538) for the Project pursuant to the California Environmental Quality Act (California
Public Resources Code Sections 21000 et seq.: “CEQA”), the State Guidelines for
Implementation of the California Environmental Quality Act (California Code of Regulations,
Sections 15000 et seq.: the “State CEQA Guidelines”), and the City’s Procedures for
Implementing the State CEQA Guidelines and its other procedures relating to environmental
evaluation of public and private projects; and,
Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of a
DEIR and in accordance with the State CEQA Guidelines forwarded the DEIR to the State
Clearinghouse, for distribution to those agencies which have jurisdiction by law with respect to
the Project, and to other interested persons and agencies, and sought the comments of such
persons and agencies. The State Clearinghouse posted the DEIR for a 45-day public comment
period which ran from July 2, 2021 to August 16, 2021; thereafter, the City prepared a Final EIR
(FEIR) that contains responses to the comments that were received regarding the DEIR. The
DEIR and the FEIR are collectively referred to hereinafter in the singular as “EIR”; and,
Whereas, on January 25, 2022, at a duly noticed public hearing, the Council by resolution
certified the EIR (SCH No. 2020080538) for the Project, adopted findings pursuant to CEQA, and
adopted a Mitigation Monitoring and Reporting Program; and,
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that
certain uses are desirable but may have operational characteristics that disproportionately impact
adjoining properties, businesses, or residents. Accordingly, such uses require a more
comprehensive review and approval procedure, including the ability to condition the project in
order to mitigate significant impact; and,
Whereas, pursuant Section 17.415.070 (Conditional Use Permits), Section 17.410.070
(Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning
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Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to conditional use permits; and,
Whereas, on December 21, 2021 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,
Whereas, on January 25, 2022 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,
CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The foregoing recitals are true and correct and are hereby incorporated into
these findings by this reference.
Section 2: The Council has reviewed and analyzed the proposed project pursuant to the
appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC and 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.
Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the Council
makes the following findings regarding Conditional Use Permit No. 2019-19:
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 has a General Plan Land Use designation of General Commercial (GC) and
is located within the Alberhill District. The GC Land Use designation 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 approximately
32,695 sq. ft. of commercial retail development, which includes a convenience store, gas
station, express car wash, drive-through and quick-serve restaurants, and retail buildings
with 0.13 FAR. Therefore, the Project is consistent with the General Plan. The current
zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2
zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are
also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and
restaurants and eating establishments (excluding drive-through) as permitted uses.
Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit
listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use
Permit. Section 170.120.030 of the C-1 zone permits drive-through establishments,
gasoline dispensing establishments, and car wash subject to a Conditional Use Permit.
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.
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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 use.
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 dedication on Lake Street and Mountain Street to the ultimate
half‐section width and would construct frontage improvements in accordance with City’s
Engineering Department requirements. 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 December 21, 2021 and
subsequently by the City Council at a noticed Public Hearing on January 25, 2022,
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 approves Conditional Use Permit No.
2019-19.
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.
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Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 25th day of January 2022.
Timothy J. Sheridan
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. 2022-14 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of January 25, 2022 and that the same was adopted by the following vote:
AYES: Council Member Manos; Mayor Pro Tem Johnson; and Mayor Sheridan
NOES: Council Member Magee
ABSENT: None
ABSTAIN: Council Member Tisdale
Candice Alvarez, MMC
City Clerk
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