HomeMy WebLinkAboutPC Reso 2023-04 PA 2021-25 CUP 2022-24 Drive-Through Restaurant APN 347-130-035
RESOLUTION NO. 2023-04
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2022-24
TO ESTABLISH A 624 SQUARE-FOOT DRIVE-THROUGH RESTAURANT AT APN:
347-130-035
Whereas, Gabriela Marks, Marks Architects, has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2021-25 (Conditional Use Permit
No. 2022-01, Conditional Use Permit No. 2022-24, and Commercial Design Review No. 2022-01)
to construct and operate two drive-through restaurants (2,646 sq. ft. and 624 sq. ft., respectively)
on adjacent parcels in the Ramsgate Specific Plan. The project site is located on the northwest
side of Highway 74, southeast of North Frontage Road and bisected by El Toro Cut Off Road in
the Ramsgate Specific Plan. (APNs: 347-130-033; 347-130-034; 347-130-035); and,
Whereas, Section 17.415.070.A of the Lake Elsinore Municipal Code (LEMC) provides
that certain uses have operational characteristics that, depending on the location and design of
the use, may have the potential to negatively impact adjoining properties, businesses or residents
and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the
City to comprehensively review and approve the use; and,
Whereas, pursuant to Section 17.415.070.B of the LEMC, the Planning Commission
(Commission) has the responsibility of reviewing and approving, conditionally approving, or
denying Conditional Use Permits; and,
Whereas, on February 21, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: The Commission has considered the project and has found it acceptable.
Section 2: The Commission finds that the proposed project is exempt from the California
Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA
Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In-fill
Development Projects because the project (a) is consistent with the applicable general plan
designation and all applicable general plan policies as well as with applicable zoning designation
and regulations, (b) the site of the proposed development is within city limits on a project site of
less than five acres substantially surrounded by urban uses, (c) the project site has no value as
habitat for endangered, rare or threatened species, (d) the project will not result in any significant
effects relating to traffic, noise, air quality, or water quality, and (e) the site can be adequately
served by all required utilities and public services.
Section 3: That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding Conditional Use Permit No. 2022-24:
1. That the proposed use is in accord with the objectives of the General Plan and the purpose
of the planning district in which the site is located.
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The project site is located in the Ramsgate Specific Plan and has a land use designation
of Commercial. This designation is primarily intended to accommodate a shopping area
that provides convenience goods and services for the residential neighborhoods.
According to Section 9.2 of the Ramsgate Specific Plan, fast food restaurants including
drive-throughs are permitted subject to approval of a use permit. Furthermore, the
proposed development conforms to the applicable development standards and criteria of
the Commercial designation. Therefore, the proposed drive-through food establishment is
consistent with the commercial designation of the subject site as described in the
Ramsgate Specific Plan.
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 involve the potential for causing detrimental effects to the
existing surrounding community or the general public. The proposed drive-through
restaurants are compatible with the surrounding uses in the vicinity. The project has been
conditioned as such to avoid any possible negative impacts associated with the proposed
project.
3. The site 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 site plan provides sufficient drive-through lane lengths to accommodate
assumed peak vehicle queuing space, as well as provide conforming building and drive
lane setbacks from the right-of-way.
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 construction of frontage improvements, construction of a new
traffic signal at the Highway 74 and El Toro Cut Off Road, and payment of a 1.5 percent
fair share contribution to a new traffic signal at Highway 74 and Crater Drive. Furthermore,
the project has been designed to ensure that drive-through operations do not impact
surrounding roadways due to queuing spillover. Therefore, the proposed 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 project 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 21, 2023, appropriate
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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 Commission hereby approves Conditional Use Permit
No. 2022-24.
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, this 21st day of February 2023.
Matthew Dobler, Chairman
Attest:
___________________________________
Damaris Abraham,
Interim Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2023-04 was adopted by the Planning
Commission of the City of Lake Elsinore, California, at a regular meeting held February 21, 2023
and that the same was adopted by the following vote:
AYES: Commissioners Klaarenbeek and Peters; Chair Dobler
NOES:
ABSTAIN:
ABSENT: Commissioner Gray; Vice Chair Carroll
Damaris Abraham,
Interim Assistant Community Development Director
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