HomeMy WebLinkAboutResolution 2021-27 CUP 2021-02 Approval New Bar & Entertainment Center 31976 Casino Drive Suite K AP
RESOLUTION NO. 2021-27
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-
02 TO ESTABLISH A NEW BAR AND ENTERTAINMENT CENTER WITHIN AN
EXISTING 936 SQUARE FOOT RETAIL SPACE WITH ON AND OFFSITE SITE
SALE OF BEER AND WINE, LOCATED AT 31796 CASINO DRIVE SUITE K (APN:
363-171-018)
Whereas, Lukas Barnes has filed an application with the City of Lake Elsinore (City)
requesting approval of Planning Application No. 2021-14 (Conditional Use Permit No. 2021-02)
to establish a new bar and entertainment center within an existing 936 sq. ft. retail space with
onsite sale of alcoholic beverages (Type 42 On-Sale Beer & Wine – Public Premise) and offsite
sale of alcoholic beverages (Type 20 Off-Sale Beer & Wine). The project site is located at 31796
Casino Drive Suite K, generally located approximately 2,500’ southeast of the intersection of
Casino and Diamond Drive and more specifically referred to as Assessor Parcel Number: 363-
171-018; 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 June 1, 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 decision 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 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 building. The site is fully developed, and only minor interior
alterations are planned in association with the proposed use.
Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding Conditional Use Permit No. 2021-02:
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 facility is located in the General Commercial (GC) General Plan Land use
designation and the General Commercial (C-2) Zoning designation, which is consistent
with the applicable General Plan Land Use Designation. The proposed use is a permitted
use subject to the approval of a Conditional Use Permit within the C-2 Zoning designation.
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 is located within an existing building and proposes no exterior uses.
The proposed use does not propose either directly or indirectly any detrimental effects to
the existing surrounding community. All applicable City departments and agencies,
including the Sherriff’s Department, have reviewed the Conditional Use Permit. The
project has been conditioned as such to avoid any possible negative impacts to the
general health, safety, comfort, or general welfare of the surrounding neighborhood or the
City.
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.
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The proposed project is located within an existing building and commercial center and
does not propose any modifications to exterior areas and does not present a land use
which would require additional setbacks or other buffers. The proposed use has been
analyzed and staff has determined that the proposed use meets all applicable sections of
the LEMC, based on the submitted plans, business description and attached conditions of
approval.
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 Project has been thoroughly reviewed and conditioned by all applicable City
departments and outside agencies 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 June 1, 2021, 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 recommends that the Council find 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. 2020-02.
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 1st day of June 2021.
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, Assistant Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2021-27 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on June 1, 2021 and that the same was
adopted by the following vote:
AYES: Commissioners Carroll, Peters, and Dobler; Vice Chair Gray; and Chair Klaarenbeek
NOES: None
ABSENT: None
ABSTAIN: None
Justin Kirk
Assistant Community Development Director
FOR:
FOR:
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