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Home My WebLink AboutPC Reso 2022-09 PA 2017-62 (Imperial Stations) CDR 2020-09 CarwashRESOLUTION NO. 2022-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2020-09 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR 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, the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:”CEQA”) and CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to Section 15332 (Class 32 – In-Fill Development Projects); 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, pursuant to Section 17.415.050 (Major Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying design review applications; 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission 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 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. DocuSign Envelope ID: 20A0E6E9-16B6-432D-90F3-DBD2AA9E7F66 PC Reso. No. 2022-09 Page 2 of 4 Section 2: That in accordance with the MSHCP, the Commission 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 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 Section 17.415.050.G of the LEMC, the Commission makes the following findings regarding Commercial Design Review No. 2020-09: 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 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 DocuSign Envelope ID: 20A0E6E9-16B6-432D-90F3-DBD2AA9E7F66 PC Reso. No. 2022-09 Page 3 of 4 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 the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The Project complies with the design directives contained in the LEMC and all applicable provisions of the LEMC. 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 August 17, 2021. The project, as reviewed and conditioned by all applicable City divisions, departments, and agencies, to ensure that the project will be developed in accordance with Section 17.415.050 of the LEMC and the provisions of the Lake Elsinore Hills Planning District. 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 Commercial Design Review No. 2020-09. 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 DocuSign Envelope ID: 20A0E6E9-16B6-432D-90F3-DBD2AA9E7F66 PC Reso. No. 2022-09 Page 4 of 4 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. 2022-09 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 DocuSign Envelope ID: 20A0E6E9-16B6-432D-90F3-DBD2AA9E7F66