HomeMy WebLinkAboutResolution 2021-28 CUP 2021-02 El Burro Taco Shop 31900 Mission Trail Suite 100
RESOLUTION NO. 2021-28
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
2021-02 TO ESTABLISH A DRIVE THROUGH RESTURANT WITHIN A 1,913
SQUARE FOOT PORTION OF AN EXISTING BUILDING, LOCATED AT 31900
MISSION TRAIL #100 (APN: 363-171-006)
Whereas, Chris Zennedjian, El Burro Taco Shop, has filed an application with the City of
Lake Elsinore (City) requesting approval of Planning Application No. 2021-17 (Conditional Use
Permit No. 2021-05) to establish a drive-through restaurant within an existing 1,913 square foot
(sf) tenant space. The project site is generally located northeast of the intersection of Campbell
St. and Mission Trail at 31900 Mission Trail #100, within Heritage Plaza and is more specifically
referred to as Assessor Parcel Number: 363-172-006; 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:
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
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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. 2021-05:
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 Commercial Mixed Use (CMU) General Plan Land
use designation and Commercial Mixed Use (CMU) 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 CMU 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 project locates a drive through window in a segregated area of an existing
commercial center and does not block drive aisles or parking areas and does not create
unsafe traffic conditions. All applicable City departments 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 use has been analyzed and staff has determined that the proposed use
meets all applicable sections of the LEMC, including 17.148.060 Drive-through
establishments. With specific relation to 17.148.160, the proposed project will provide
adequate queuing clearance for eight (8) vehicles (a minimum of 160 lineal feet), does not
interfere with the free flow of traffic within the center and does not create obstruction to
parking spaces.
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 suite in a multi-tenant two story building in
a commercial center, inclusive of streets. The existing surrounding 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 as designed does not present any potential adverse effects on abutting
properties as the use is in a segregated area of an existing commercial center and does
not interfere with the normal permitted use of the drive aisles or other uses.
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. 2021-05.
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. 2021-28 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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