HomeMy WebLinkAbout0003_6_PA 2019-07 - Exhibit E - CDR ResolutionRESOLUTION NO. 2022-___
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF COMMERCIAL
DESIGN REVIEW NO. 2019-05 PROVIDING BUILDING DESIGN AND RELATED
IMPROVEMENTS FOR THE BAMIYAN MARKETPLACE PROJECT LOCATED AT
APNS 381-320-020 AND 023
Whereas, Ahmad Zaki, Zairey, Inc. has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No. 2019-07 (Tentative Tract Map No. 37578,
a Conditional Use Permit No. 2019-03, a Commercial Design Review No. 2019-05, a Uniform
Sign Program No. 2019-01). Tentative Tract Map No. 37578 is a subdivision of the 12.60-acre
project site into seven (7) lots for a mixed-use commercial and residential development.
Conditional Use Permit No. 2019-03 and Commercial Design Review No. 2019-05 proposes to
develop the mixed-use commercial and residential development that would be constructed in
three phases. The first phase (Phase 1) would include a 10-dispenser ARCO gasoline station with
a 6,840-square foot (SF) canopy, a 4,354-SF AM/PM convenience store, an attached 1,960-SF
quick-serve restaurant (with no drive-through service), and a 4,054-SF automated self-service car
wash. A 2,000-SF office would be located on the second story above the quick-serve restaurant.
Phase 1 would also include grading of the site, installation of the majority of the utility
infrastructure, development of internal circulation driveways and parking, and construction of off-
site improvements. The second phase (Phase 2) would consist of two 2,400-SF fast food
restaurants with drive-through lanes, and a two-story mixed-use commercial/retail and multi-
family residential building. The mixed-use building would consist of six commercial/retail spaces
totaling approximately 23,000 SF on the ground floor and 14 apartments or condominium units
totaling 20,000 SF on the second floor. The third (and final) phase (Phase 3) of the project would
consist of five three-story multi-family residential buildings containing up to 60 residential units.
The multi-family residential development would include enclosed parking and a 2,800-SF
clubhouse with pool and outdoor living amenities. Uniform Sign Program No. 2019-01 proposes
to establish a uniform sign program for the project that provides standards and specifications to
ensure consistency of signage in terms of design, composition, size and placement throughout
the project. The project is located at the northwest corner of Grand Avenue and State Route
74/Ortega Highway (APNs: 381-320-023 and 381-320-020); 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 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 February 1, 2022, February 15, 2022, March 1, 2022, and June 21, 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.
PC Reso. No. 2022-____
Page 2 of 3
Section 2: On June 21, 2022, after consideration and evaluation of all written reports and
comments and oral testimony presented by the Community Development Department and other
City departments, property owners, residents and other interested parties and such other matters
as are reflected in the record of the noticed Public Hearing on the Project, the Commission
adopted a resolution finding and determining that the Mitigated Negative Declaration (ER 2019-
04) (SCH No. 2021120417) is adequate and is prepared in accordance with the requirements of
CEQA.
Section 3: That in accordance with Section 17.415.050.G of the LEMC, the Commission
makes the following findings regarding Commercial Design Review No. 2019-05:
1. The Project, as approved, will comply with the goals and objectives of the General Plan,
Specific Plan and the Zoning District in which the Project is located.
The Project has a General Plan Land Use designation of Commercial Mixed Use (CMU)
and is located within the Lake Edge District. This designation provides for 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. Residential densities shall be between 7 and 18 dwelling units per net acre. The
project is proposing to develop a mixed use project with the commercial development that
includes a convenience store, gas station, express car wash, and drive-through and quick-
serve restaurants with 0.22:1 FAR. The project also includes a residential component with
9.9 units per acre and 15.7 units per acre. Therefore, the project is consistent with the
General Plan.
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, food establishments, and apartment units are permitted uses and carwashes and
drive-through establishments 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 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 General Plan and all other
applicable provisions of the LEMC.
The architectural design of the proposed building complies with the Nonresidential
Development Standards (Chapter 17.112) and Residential Development Standards
(Chapter 17.44) 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
PC Reso. No. 2022-____
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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 February 1, 2022, February 15, 2022,
March 1, 2022, and June 21, 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 Commission hereby recommends that the
Council approve Commercial Design Review No. 2019-05.
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 21st day of June, 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-__ was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a regular meeting held June 21, 2022 and that the same was adopted by the
following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Damaris Abraham,
Planning Manager