HomeMy WebLinkAboutPA 2016-112 - Exhibit D CUP Resolution (1)
RESOLUTION NO. 2020-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE
PERMIT NO. 2018-03 TO ESTABLISH THE KASSAB TRAVEL CENTER LOCATED
AT APNS: 378-030-007 AND 009
Whereas, Joseph Karaki, Karaki Western States Engineering, Inc., has filed an application with
the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016 -112
(Municipal Code Amendment No. 2017-02, Conditional Use Permit No. 2018-03, and Commercial
Design Review No. 2016-17). The Project site is located in the central portion of the City, near
the southwest corner of Riverside Drive and Collier Avenue and encompasses Assessor Parcel
Numbers (APNs) 378-030-007 and 378-030-009; and,
Whereas, Municipal Code Amendment (MCA) No. 2017-02 proposes an amendment to Chapter
17.132 of the Lake Elsinore Municipal Code (LEMC) to allow for drive-through establishments as
a use subject to approval of a Conditional Use Permit in the Commercial Manufacturing (C-M)
District; and,
Whereas, Conditional Use Permit No. 2018-03 and Commercial Design Review No. 2016-17 are
proposing to establish a new travel center consisting of an 8,360 square foot (SF) convenience
store with concurrent sale of alcoholic beverages (Type 21 ABC), three (3) quick serve
restaurants, two (2) covered gas dispensing areas (with a maximum throughput of 5.8 million
gallons of gasoline per year) totaling 6,092 SF, and a free-standing 2,543 SF fast-food restaurant
with a drive-through on a 2.39 net acre site after right-of-way dedication. The Project will provide
59 total vehicular parking spaces, three (3) RV parking spaces, and a service loading area along
the northern property line; 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
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 17.410.070 (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 November 5, 2019 and June 16, 2020 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 prior to making a recommendation to the
Council and has found it acceptable.
Section 2: On June 16, 2020, after consideration and evaluation of all written reports and
comments and oral testimony presented by the Community Development Department and other
PC Reso. No. 2020-____
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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 2018-
02) (SCH No. 2019029048) is adequate and is prepared in accordance with the requirements of
CEQA.
Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the Commission
makes the following findings regarding Conditional Use Permit No. 2018-03:
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 Limited Industrial (LI) and is
located in the Business District. The LI Land Use designation provides for industrial parks,
warehouses, manufacturing, research and development, public and quasi-public uses,
and similar and compatible uses with a maximum 0.45 Floor Area Ratio (FAR). The
proposed Project, which includes a gas station, convenience store and drive-through
restaurant, are all supportive and compatible uses with the other intended uses of the LI
Land Use Designation. The proposed Project would also have a 0.162 FAR. Therefore,
the Project is consistent with the General Plan. The current zoning for the subject site
Commercial Manufacturing (C-M). The proposed service station is a permitted use Section
17.132.020.U of the C-M Zone, fast food restaurants are permitted subject to the approval
of a Conditional Use Permit per Section 17.132.020.D of the C-M Zone; Drive-through
establishments are not currently listed as a permitted or conditionally permitted use in the
C-M zone. However, the approval of Municipal Code Amendment No. 2017-02 will allow
drive-through establishments as a use subject to approval of a Conditional Use Permit in
the C-M Zone 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.
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Riverside Drive is a State Highway, SR‐74, and is under the jurisdiction of Caltrans. The
applicant would improve Riverside Drive to Caltrans standards to its ultimate right‐of‐way,
which requires 96 feet from curb‐to‐curb. The applicant would dedicate between 21 feet
and 36 feet (street tapers in toward the west) in order to allow their half‐section of Riverside
Drive to be consistent with the Urban Arterial (half) cross section (center median, three
travel lanes, six‐foot bike lane, and six‐foot sidewalk – in one direction). Collier Avenue is
a Major roadway as shown in the General Plan. Collier Avenue, along the Project Site’s
frontage, is not constructed to its ultimate Major roadway width of 80 feet, curb‐to‐curb.
The applicant would dedicate approximately ten feet in order to allow its half‐section of
Collier Avenue to be consistent with the Major roadway (half) cross section (center
median, two travel lanes, six‐foot bike lane, and five‐foot sidewalk – in one direction).
Street improvements on the west side of Collier Avenue, along the Project Site’s frontage,
would include widened sidewalk, landscape, parkway from six feet to ten feet, and a new
six‐foot wide bike lane (Class II – striped, on‐pavement). 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 November 5, 2019 and June
16, 2020, 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 Commission hereby recommends that the Council
approve Conditional Use Permit No. 2018-03.
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 16th day of June, 2020.
Michael Carroll, Chairman
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Attest:
___________________________________
Justin Kirk,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2019-__ was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 16th day of June, 2020 and that the
same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director