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Home My WebLink About2022-015 PA 2019-34 (Lake & Mountain Commercial Center) - CDRRESOLUTION NO. 2022-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2019-27 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR 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 an 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, pursuant to Section 17.415.050 (Major Design Review), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to design review applications; 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, DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso. No. 2022-15 Page 2 of 4 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 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 California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and 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 and finds and determines that the proposed project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC. Section 3: That in accordance with Section 17.415.050.G of the LEMC, the Council makes the following findings regarding Commercial Design Review No. 2019-27: 1. The Project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the Project 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 project complies with the goals and objectives of the General Plan because it 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 project will serve to diversify and expand Lake Elsinore’s economic base. 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. The project meets requirements identified for the proposed use including development standards for setbacks, landscaping, screening and all other additional requirements for development of this type. 2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the LEMC. DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso. No. 2022-15 Page 3 of 4 The project is appropriate to the site and surrounding developments. The architectural design of the proposed building complies with the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The architecture has been designed to achieve harmony and compatibility with the surrounding area. The colors and materials proposed will assist in blending the architecture into the existing landscape and are compatible with other colors and materials used on other properties near the Project site. In addition, safe and efficient circulation has been achieved onsite. 3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Section 17.415.050. Pursuant to Section 17.415.050.E of the LEMC, the project was considered by the Planning Commission at a duly noticed Public Hearing held on December 21, 2021 and subsequently by the City Council at a noticed Public Hearing on January 25, 2022. The project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the project, the Council hereby approves Commercial Design Review No. 2019-27. 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 25th day of January 2022. Timothy J. Sheridan Mayor Attest: Candice Alvarez, MMC City Clerk / DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90 CC Reso. No. 2022-15 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. 2022-15 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 DocuSign Envelope ID: C99FF7C6-D424-4F8C-A277-5FCC38523C90