HomeMy WebLinkAbout2022-080 Planning Application No. 2019-07 (Bamiyan Marketplace) - CUPRESOLUTION NO. 2022-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-03 TO
ESTABLISH 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) (“Project”). 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 CEQA Guidelines Section 15063, the City conducted an Initial
Study to determine if the Project would have a significant effect on the environment. The Initial
Study revealed that the Project would have potentially significant environmental impacts but those
potentially significant impacts could be mitigated to less than significant levels; and,
Whereas, based upon the results of the Initial Study (Environmental Review No. 2019-
04), and based upon the standards set forth in CEQA Guidelines Section 15070, it was
determined that it was appropriate to prepare and circulate a Mitigated Negative Declaration
(MND) for the Project. In accordance with CEQA Guidelines Section 15073, the MND was made
available for public review and comment for a minimum of 30 days beginning on December 17,
2021, and ending on January 17, 2022; and,
Whereas, on August 9, 2022, at a duly noticed public hearing, the City Council (Council)
by resolution adopted the MND (SCH No. 2021120417) for the Project and adopted a Mitigation
Monitoring and Reporting Program; and,
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that
certain uses are desirable but may have operational characteristics that disproportionately impact
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adjoining properties, businesses, or residents. Accordingly, such uses require a more
comprehensive review and approval procedure, including the ability to condition the project in
order to mitigate significant impact; and,
Whereas, pursuant Section 17.415.070 (Conditional Use Permits), 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 conditional use permits; 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, and
on June 21, 2022 adopted a resolution recommending that the Council approve CUP No. 2019-
03; and,
Whereas, on August 9, 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,
CALIFORNIA, 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 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 LEMC Section 17.415.070.C. Findings, the Council
makes the following findings regarding Conditional Use Permit No. 2019-03:
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 planning district in which
the site 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.
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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 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 use.
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 dedication on Ortega Highway, Grand Avenue, and Macy Street
to the ultimate half‐section width and would construct frontage improvements in
accordance with City’s Engineering Department and Caltrans’ requirements. 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 February 1, 2022, February 15,
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2022, March 1, 2022, and June 21, 2022, and subsequently by the City Council at a duly
noticed Public Hearing held on August 9, 2022. Appropriate and applicable conditions of
approval have been included to protect the public health, safety and general welfare.
Section 4: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the Project, the Council hereby approves Conditional Use Permit No.
2019-03.
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 9th day of August 2022.
Timothy J. Sheridan
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
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. 2022-80 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of August 9, 2022 and that the same was adopted by the following vote:
AYES: Council Members Magee, Tisdale, and Manos; Mayor Pro Tem Johnson; and Mayor
Sheridan
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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