HomeMy WebLinkAboutPC Reso 2022-08 PA 2017-62 (Imperial Stations) CUP 2010-10 Carwash APN 363-172-016
RESOLUTION NO. 2022-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
2020-10 TO ESTABLISH A 3,000 SQUARE FOOT CONVENIENCE STORE
WITH A 4,400 SQUARE FOOT FUELING CANOPY AND A 5,739 SQUARE
FOOT SELF-SERVE CARWASH LOCATED AT APN: 363-172-016
Whereas, David Berri, Imperial Stations, Inc. has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2017-62 (Conditional Use Permit
No. 2020-10 and Commercial Design Review No. 2020-09) proposing to establish a new 3,000
sq. ft. convenience store with the concurrent sale of beer and wine (Type 20 ABC), a 4,400 sq. ft.
canopy with 18 fueling stations, and a 5,739 sq. ft. self-serve carwash on an approximately 1.8-
acre site. The project will provide 49 parking spaces that include 22 standard spaces, two (2)
accessible spaces, and 25 vacuum spaces. The proposed project is located south of Diamond
Drive, east of Mission Trail, and west of Casino Drive (APN: 363-172-016); 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 March 1, 2022, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: The Commission has considered the project and has found it acceptable.
Section 2: That in accordance with the MSHCP, the Commission makes the following
findings for MSHCP consistency:
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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 disturbed and has been repeatedly been disked over
the years for weed abatement. Due to the numerous disturbances of the subject site, there
is little habitat value for the MSHCP and other special status species. 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
and the Additional Survey Needs and Procedures 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 Commission 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
Commission makes the following findings regarding Conditional Use Permit No. 2020-10:
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 zoning district in which the
site is located.
The project has a General Plan Land Use designation Commercial Mixed Use (CMU) and
is located within the Lake Elsinore Hills District. The CMU Land Use designation allows a
mix of residential and non-residential uses within a single proposed development area,
with an emphasis on retail, service, civic and professional office uses. The Floor Area
Ratio (FAR) for non-residential uses is 0.80:1 and a minimum of 50% of the total floor area
shall be commercial uses. The Project is proposing to develop a convenience store with
a gas station and a self-serve carwash with 0.17 FAR with the entire project site dedicated
to a commercial use. The current zoning for the subject site is Commercial Mixed Use
(CMU). Per Section 17.134.020 (Table of land uses and glossary/definitions) of the CMU
zone, convenience stores are permitted uses and carwashes are permitted uses subject
to approval of a Conditional Use Permit. Per Section 17.134.020 of the CMU zone, the
Community Development Director has deemed Gasoline Dispensing Establishments to
be in accord with the purpose of the CMU zone and having characteristics similar to those
uses listed in Section 17.134.020 (Table of land uses and glossary/definitions) as requiring
a Conditional Use Permit. Further, the proposed commercial project will assist in achieving
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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 Mission Trail and Casino Drive to
their ultimate half‐section width and constructing frontage improvements in accordance
with City’s Engineering Department. 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 March 1, 2022, 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 Commission hereby finds that the project is consistent with the MSHCP.
Section 6: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the project, the Commission hereby approves Conditional Use Permit
No. 2020-10.
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Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a regular meeting of the Planning Commission of the City of
Lake Elsinore, California, this 1st day of March, 2022.
John Gray
Chairman
Attest:
___________________________________
Damaris Abraham,
Planning Manager
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Planning Manager of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2022-08 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a regular meeting held on March 1, 2022 and that the same was adopted by the
following vote:
AYES: Commissioner Carroll; Vice Chair Dobler; and Chairman Gray
NOES: None
ABSENT: Commissioners Peters and Klaarenbeek
ABSTAIN: None
Damaris Abraham,
Planning Manager
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