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Home My WebLink AboutPC Reso 2022-28 Approval CDR 2019-05 Bamiyan Marketplace Project Building Desing & ImprovementsRESOLUTION NO. 2022-28 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. DocuSign Envelope ID: 3766B7C0-60AD-4836-AED2-7A5A51FF8AD2 PC Reso. No. 2022-28 Page 2 of 4 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 DocuSign Envelope ID: 3766B7C0-60AD-4836-AED2-7A5A51FF8AD2 PC Reso. No. 2022-28 Page 3 of 4 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 at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, 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. 2022-28 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: DocuSign Envelope ID: 3766B7C0-60AD-4836-AED2-7A5A51FF8AD2 PC Reso. No. 2022-28 Page 4 of 4 AYES: Commissioners Peters and Carroll, Vice Chair Dobler and Chairman Gray. NOES: None ABSENT: Commissioner Klaarenbeek ABSTAIN: None Damaris Abraham, Planning Manager DocuSign Envelope ID: 3766B7C0-60AD-4836-AED2-7A5A51FF8AD2