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Home My WebLink About2023-028 Planning Application No. 2021-34 (Evergreen) CDR 2021-17RESOLUTION NO. 2023-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2021-17 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR THE EVERGREEN COMMERCIAL DEVELOPMENT PROJECT LOCATED AT APNS 377-020-014, 016, 017, 018, AND 019 Whereas, Karen Levitt Ortiz, Evergreen Devco, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34 which includes the construction of a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 369 parking spaces, which would be constructed in two phases over a total of 8.863 gross acres (Project). Tentative Parcel Map No. 38195 would include a subdivision of the 8.863 gross acre site into four (4) lots ranging in size from 1.10 to 4.62 gross acres and Tentative Parcel Map No. 38281 would include a subdivision of the 8.863 gross acre site into five (5) lots ranging in size from 1.03 to 3.59 gross acres. Conditional Use Permit No. 2021-09 would establish a 4,116 SF Car Wash on Lot 1, Conditional Use Permit No. 2021-10 would establish a 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 2, Conditional Use Permit No. 2021-11 and Public Convenience & Necessity No. 2021-01 would establish a gas station and the 4,088 SF convenience store with concurrent sale of beer and wine for off-site consumption (Type 20 ABC) on Lot 3, Public Convenience & Necessity No. 2021-02 includes a PCN finding for the 43,050 SF grocery store for the sale of beer, wine, and distilled spirits for off-site consumption (Type 21 and 86 ABC) on Lot 4, and Conditional Use Permit No. 2021-12 would establish a the 3,000 SF Quick-service Restaurant with a drive-through lane on Lot 5. Commercial Design Review No. 2021-17 provides a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping. Uniform Sign Program (SIGN) No. 2021-35 proposes to establish a uniform sign program that creates an integrated framework for all the signage within the center; and, Whereas, the Project is located on Central Avenue/State Route 74 (SR-74) east of the intersection with Cambern Avenue (APNs: 377-020-014, 377-020-016, 377-020-017, 377-020- 018, and 377-020-019); and, Whereas, Commercial Design Review (CDR) No. 2021-17 proposes a comprehensive design review for the entire Project site that includes architectural elevations, on-site stormwater management improvements, lighting, walls and fencing, parking and landscaping; 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. 2021- 05), 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 September 12, 2022, and ending on October 12, 2022; and, DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CC Reso. No. 2023-28 Page 2 of 4 Whereas, on April 25, 2023, at a duly noticed Public Hearing, the City Council (Council) by resolution adopted the MND (SCH No. 2022090133) for the Project and adopted a Mitigation Monitoring and Reporting Program; 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 Council pertaining to design review applications; and, Whereas, on October 18, 2022, November 15, 2022, and April 4, 2023, 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 adopted a resolution recommending that the Council Approve CDR No. 2021-17; and, Whereas, on April 25, 2023 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 Council makes the following findings regarding CDR No. 2021-17: 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 General Commercial (GC) and is located within the Business District. The GC Land Use designation provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses with a maximum 0.40 Floor Area Ratio (FAR). The Project is proposing to develop a 57,254 square foot (SF) commercial center that consists of an anchor grocery store, two quick-serve drive-through restaurants, a gas station with a convenience store, and a separate drive-through car wash with 0.16 FAR. Therefore, the Project is consistent with the General Plan. The current zoning for the subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that permitted uses listed in the Neighborhood Commercial (C-1) zone are also permitted in the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and food stores as permitted uses. Section 17.124.030 of the C-2 zone states that uses subject to a conditional use permit listed in the C-1 zone are also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030 of the C-1 zone permits drive- DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CC Reso. No. 2023-28 Page 3 of 4 through establishments, gasoline dispensing establishments, and car washes subject to 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) 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 October 18, 2022, November 15, 2022, and April 4, 2023, and subsequently by the City Council at a duly noticed Public Hearing held on April 25, 2023. 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 CDR No. 2021- 17. 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 25th day of April 2023. Natasha Johnson Mayor Attest: Candice Alvarez, MMC City Clerk DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA CC Reso. No. 2023-28 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. 2023-28 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of April 25, 2023 and that the same was adopted by the following vote: AYES: Council Members Sheridan and Magee; Mayor Pro Tem Manos; and Mayor Johnson NOES: None ABSENT: Council Member Tisdale ABSTAIN: None Candice Alvarez, MMC City Clerk DocuSign Envelope ID: F21E9374-2C5B-4FAA-AD17-198929FAFFFA