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Home My WebLink About2022-082 Planning Application No. 2019-07 (Bamiyan Marketplace) - Sign (DR)RESOLUTION NO. 2022-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING UNIFORM SIGN PROGRAM NO. 2019-01 ESTABLISHING A UNIFORM SIGN PROGRAM 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) (“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, pursuant to Section 17.196.180.C (Signs in commercial districts), Section 17.415.050 (Major Design Review), Section 17.410.070 (Approving Authority), and Section DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F CC Reso. No. 2022-82 Page 2 of 4 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, , and on June 21, 2022 adopted a resolution recommending that the Council approve Uniform Sign Program No. 2019-01; 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 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 Section 17.415.050.G of the LEMC, the Commission makes the following findings regarding Uniform Sign Program No. 2019-01: 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 DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F CC Reso. No. 2022-82 Page 3 of 4 (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 proposed uniform sign program demonstrates that the size and scale of signs are harmonious with the overall design concept of the project. The materials and colors also reflect those used for the principal structures of the Bamiyan Marketplace project. The project also complies with the architectural guidelines and development standards outlined in the Nonresidential Development Standards (Chapter 17.112) and Residential Development Standards (Chapter 17.44) of the LEMC by creating a sign program that enhances the appearance of the project. The project has incorporated the City’s Branding. 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 February 1, 2022, February 15, 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. 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 Council hereby approves Uniform Sign Program No. 2019-01. 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 DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F CC Reso. No. 2022-82 Page 4 of 4 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. 2022-82 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 DocuSign Envelope ID: 70ADD330-8B24-4839-A478-16AE8497290F