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Home My WebLink AboutPC Reso 2023-31 PA 2022-26 CDR 2022-15RESOLUTION NO. 2023-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2022-26 (COMMERCIAL DESIGN REVIEW NO. 2022-15) FOR MINOR ONSITE MODIFICATIONS RELATED TO PARKING LOT LAYOUT, SITE CIRCULATION, AND LANDSCAPING FOR AN EXISTING RECENTLY REHABILITATED 2,776 SQ. FT. BUILDING LOCATED AT 31502 RIVERSIDE DRIVE (APN: 379-191-029) Whereas, Hector Rivera has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2022-26 (Conditional Use Permit No. 2022-22 and Commercial Design Review No. 2022-15) to establish a bar and restaurant facility in an existing recently rehabilitated 2,776 sq. ft. building and a design review for minor onsite modifications related to parking lot layout, site circulation, and landscaping (Project). The Project is located at the northeast corner of Joy Street and Riverside Drive (Hwy 74), more specifically 31502 Riverside Drive (APN: 379-191-029); 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; 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; Whereas, pursuant to Section 17.415.060 (Minor 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 reviewing and approving, conditionally approving, or denying the conditional use permit and the minor design review application; and Whereas, on May 16, 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the Project prior to making a decision and has found it acceptable. Section 2: That in accordance with the MSHCP, the Commission makes the following findings for MSHCP consistency: 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 DocuSign Envelope ID: 8026C9AA-D031-4A6E-AF53-9DC15DCD205B PC Reso. No. 2023-31 Page 2 of 4 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 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 4: The Commission hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and CEQA Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15301 (Class 1 – Existing Facilities), because the Project proposes to establish a bar and entertainment center within an existing recently rehabilitated 2,776 sq. ft. building. The site is fully developed, and only minor alterations are planned in association with the proposed use. Section 5: That in accordance with Section 17.415.050.G of the LEMC, the Commission makes the following findings regarding Commercial Design Review No. 2022-15: 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. The Commercial Mixed Use Land Use 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 FAR for non-residential uses is 0.80:1 and a minimum of 50% of the total floor area shall be commercial uses. The Project is proposing to establish a bar and restaurant facility in an existing recently rehabilitated 2,776 square feet building and minor modifications to the parking lot layout, circulation, and landscaping with 0.19 FAR. Therefore, the Project is consistent with the General Plan. The current zoning for the subject site is Commercial Mixed Use (CMU). Section 17.134.020 states that Bar, Pubs, and Cocktail lounges are permitted with a Conditional Use Permit in the Commercial Mixed Use Zone. 2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the LEMC. The proposed exterior modification complies with the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The proposed parking lot layout and parking modifications comply with the Parking Requirements (Chapter 17.148) of the LEMC and the DocuSign Envelope ID: 8026C9AA-D031-4A6E-AF53-9DC15DCD205B PC Reso. No. 2023-31 Page 3 of 4 Commercial Mixed-Use parking requirements Section 17.134.070.A of the LEMC. 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 May 16, 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 6: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby recommends that the Council find that the Project is consistent with the MSHCP. Section 7: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the Project, the Commission hereby approves Commercial Design Review No. 2022-15. Section 8: This Resolution shall take effect immediately upon its adoption. Passed and Approved at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on this 16th day of May, 2023. Michael Carroll Vice Chair Attest: ___________________________________ Damaris Abraham, Interim Assistant Community Development Director DocuSign Envelope ID: 8026C9AA-D031-4A6E-AF53-9DC15DCD205B PC Reso. No. 2023-31 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Interim Asst. Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-31 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held May 16, 2023 and that the same was adopted by the following vote: AYES: Commissioners Peters, Klaarenbeek, and Gray NOES: None ABSENT: None ABSTAIN: Vice-Chair Carroll Damaris Abraham, Interim Assistant Community Development Director DocuSign Envelope ID: 8026C9AA-D031-4A6E-AF53-9DC15DCD205B