HomeMy WebLinkAboutResolution 2020-62 CUP 2019-10 Convenience Store & Fueling Station Approval
RESOLUTION NO. 2020-62
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
2019-10 TO ESTABLISH A 3,800 SQUARE FOOT CONVENIENCE STORE AND
A 3,910 SQUARE FOOT CANOPY WITH 12 FUELING STATIONS LOCATED
AT 16830 LAKESHORE DRIVE (APN: 379-290-019)
Whereas, Steve Love, Amore Enterprises Inc. has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2019-42 (Conditional Use Permit
No. 2019-10 and Commercial Design Review No. 2019-15) proposes to demolish an existing
1,132 sq. ft. convenience store and a 4,561 sq. ft. canopy with eight (8) fueling stations to construct
a new 3,800 sq. ft. convenience store, a 3,910 sq. ft. canopy with 12 fueling stations (Project).
The Project also proposes to construct a 640 sq. ft. trash enclosure and 12 parking spaces on an
approximately 0.69-acre site. The proposed Project is located at the northwest corner of Riverside
Drive and Lakeshore Drive, more specifically 16830 Lakeshore Drive (APN: 379-290-019); and,
Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation
Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the
Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the
scope of the proposed development and establish a building envelope that is consistent with the
MSHCP criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings
demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell,
and the MSHCP goals and objectives; 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 been delegated with the responsibility of reviewing and approving, conditionally
approving, or denying Conditional Use Permits; and,
Whereas, on October 20, 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: That in accordance with the MSHCP, the Commission makes the following findings for
MSHCP consistency:
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1. The Project is not subject to the City’s LEAP and the Western Riverside County Regional
Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell
2. The Project is consistent with the Riparian/Riverine Areas, Vernal Pools Guidelines, and
the Fuel Management Guidelines as the Project is wholly located within an existing
building and does not include any earth disturbing activities therefore Sections 6.1.2 or
6.3.1 of the MSHCP are not applicable.
3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines
and the Additional Survey Needs and Procedures because the project is not located within
any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas.
4. The Project is consistent with the Fuels Management Guidelines because the Project site
is not within or adjacent to any MSHCP Criteria Cell or conservation areas.
5. The project has been conditioned to pay any applicable MSHCP Local Development
Mitigation fees.
Section 3: 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. The Project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City’s boundaries on a
site less than five acres surrounded by urban uses. The subject property has no value as habitat
for endangered, rare or threatened species. Approval of the Project will not result in any significant
effects relating to traffic, noise, air quality, or water quality and the Project is adequately served
by all required utilities and public services.
Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the Commission
makes the following findings regarding Conditional Use Permit No. 2019-10:
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 site has a General Plan Land Use designation of General Commercial (GC)
that 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 gas station and a convenience store with 0.25 FAR. Therefore, the Project is
consistent with the General Plan. The current zoning for the subject site Neighborhood
Commercial (C-1). The proposed use is identified as a permitted use subject to the
approval of a Conditional Use Permit within the C-1 zone. Further, the proposed
commercial 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.
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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 Project.
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 proposed use is located within an existing built environment, inclusive of streets. The
existing streets are of adequate size to facilitate safe and convenient transportation to and
from the site.
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 October 20, 2020, appropriate
and applicable conditions of approval have been included to protect the public health,
safety and general welfare.
Section 5: Based upon the evidence presented, both written and testimonial, and the above
findings, the Commission hereby finds that the Project is consistent with the MSHCP.
Section 6: 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. 2019-10.
Section 7: 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 20th day of October 2020.
Rendell Klaarenbeek
Chair
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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, Principal Planner of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2020-62 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a regular meeting held on the 20th day of October, 2020 and that the same was
adopted by the following vote:
AYES: Commissioners Gray, and Dobler; and Chair Klaarenbeek
NOES: None
ABSENT: Commissioner Ross and Vice Chair Armit
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
For:
For:
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