HomeMy WebLinkAboutResolution 2021-10 CUP 2020-09 Approval Recommendation
RESOLUTION NO. 2021-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL
USE PERMIT NO. 2020-09
Whereas, Ilan Golcheh, Golcheh Group has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2020-92 (General Plan
Amendment No. 2020-02, Zone Change No. 2020-01, Tentative Parcel Map No. 37958,
Conditional Use Permit No. 2020-09, and Commercial Design Review No. 2020-08) to construct
a commercial project consisting of a 4,650 square foot (s.f.) convenience store, 4,291 s.f. canopy,
38,016 s.f. self-storage facility, 4,456 s.f. drive-thru restaurant, 3,979 s.f. self-serve carwash, 221
parking stalls, and landscaping and related site improvements on a 6.36-acre site. The project is
located at the southwest corner of Lincoln Street and Riverside Drive (APN 379‐111‐014); and,
Whereas, Conditional Use Permit (CUP) No. 2020-09 proposes to establish 16 gasoline‐
dispensing stations with a 4,291 square foot (s.f.) canopy, beer and wine sales (Type 21), self‐
storage facility (three (3) buildings that are 38,016 s.f. in total), and a 4,456 s.f. drive‐thru
restaurant; 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 March 16, 2021 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 March 16, 2021, after consideration and evaluation of all written reports
and comments and oral testimony presented by the Community Development Department and
other 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 2020-
04) (SCH No. 2021010316) is adequate and is prepared in accordance with the requirements of
CEQA.
DocuSign Envelope ID: DF38A549-268A-4160-A1B4-408BC28762B6
PC Reso. No. 2021-10
Page 2 of 4
Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding CUP No. 2020-09:
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 proposed project, development of a commercial project consisting of a 4,650 square
foot (s.f.) convenience store, 4,291 s.f. canopy, 38,016 s.f. self-storage facility, 4,456 s.f.
drive-thru restaurant, 3,979 s.f. self-serve carwash, is consistent with the proposed
General Plan Land Use designation of General Commercial (GC). 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 commercial project with 0.2 FAR. The project site is within the
Lake View District of the General Plan. Per Section 9.0, Lake View District Plan, of the
General Plan, the main focus of the Lake View District is to “integrate new and existing
residential communities and supporting uses while maintaining a high quality of life.” The
Project would be consistent with the goals of the Lakeview District Plan, including the goal
to provide a revitalized and healthy mixed‐use corridor along Riverside Drive. The
proposed uses would meet the needs of existing residents in the project vicinity.
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.
The project would include constructing or repairing site‐adjacent roadways at their ultimate
half‐section width in accordance with City’s Engineering Department and California
Department of Transportation (Caltrans). 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.
DocuSign Envelope ID: DF38A549-268A-4160-A1B4-408BC28762B6
PC Reso. No. 2021-10
Page 3 of 4
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 March 16, 2021, 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. 2020-09.
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, on the 16th day of March 2021.
_____________________________
John Gray
Vice Chair
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. 2021-10 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on March 16, 2021 and that the same was
adopted by the following vote:
FOR:
DocuSign Envelope ID: DF38A549-268A-4160-A1B4-408BC28762B6
PC Reso. No. 2021-10
Page 4 of 4
AYES: Commissioners Carroll, Dobler and Peters; and Vice Chair Gray
NOES: None
ABSENT: Chair Klaarenbeek
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
FOR:
DocuSign Envelope ID: DF38A549-268A-4160-A1B4-408BC28762B6