HomeMy WebLinkAboutPC Reso 2023-45 CUP 2022-7 Establishing Drive-Through Restaurant C-2 District
RESOLUTION NO. 2023-45
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2022-
07 TO ESTABLISH A 3,887 SQUARE-FOOT DRIVE-THROUGH RESTAURANT
IN THE GENERAL COMMERCIAL (C-2) DISTRICT LOCATED AT APNS: 377-
030-085, 086, 087, 088, 089, 090, 091, AND 092
Whereas, Robert Lewis, Pacific Development Group II, has filed an application with the
City of Lake Elsinore (City) requesting approval of Planning Application No. 2022-20 (Conditional
Use Permit No. 2022-07, Commercial Design Review No. 2022-10, and Uniform Sign Program
No. 2023-05) to construct a one (1) story 10,241 sq. ft. multi-tenant commercial building, a one
(1) story, 3,887 sq. ft. In-N-Out restaurant and related site improvements including a two-lane
drive-through with 31 queuing spaces, 126 parking spaces and new landscaping. The project also
includes a Conditional Use Permit (CUP No. 2022-07) to permit operation of the drive-through
and Uniform Sign Program (SIGN No. 2023-05) to establish a uniform sign program that creates
an integrated framework for all the signage within the center. The project site is located on an
approximately 2.29-acre site within the General Commercial (C-2) District along Dexter Avenue
between Crane Street and Allan Street (APNs: 377-030-085, 086, 087, 088, 089, 090, 091, and
092);
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, 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;
Whereas, pursuant to Section 17.415.070.B of the LEMC, the Planning Commission
(Commission) has the responsibility of reviewing and approving, conditionally approving, or
denying Conditional Use Permits; and
Whereas, on October 17, 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1: The Commission has considered the project and its consistency with the
MSHCP prior to adopting Findings of Consistency with the MSHCP.
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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 site is flat, heavily disturbed and devoid of vegetation with much of the
surrounding area having been developed for commercial uses. The project is proposing
to construct a new commercial building, restaurant building, drive-through lanes, and other
improvements throughout the Project site. As such, the Riparian/Riverine Areas and
Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable.
3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines
as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as
set forth in MSHCP Section 6.3.2 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) because the project (a) is consistent with the applicable general plan designation
and all applicable general plan policies as well as with applicable zoning designation and
regulations, (b) the site of the proposed development is within city limits on a project site of less
than five acres substantially surrounded by urban uses, (c) the project site has no value as habitat
for endangered, rare or threatened species, (d) the project will not result in any significant effects
relating to traffic, noise, air quality, or water quality, and (e) the site can be 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. 2022-07:
1. That the proposed use is in accord with the objectives of the General Plan and the purpose
of the planning district in which the site is located.
The subject site has a General Plan Land Use designation of General Commercial (C-2)
and is located in the Business District. The General Commercial 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
multi-tenant commercial retail building and a drive-through restaurant with 0.14 FAR.
Therefore, the Project is consistent with the General Plan.
Furthermore, the current zoning designation of the subject site is General Commercial (C-
2). According to Section 17.124.030 of the Lake Elsinore Municipal Code (LEMC), Uses
permitted subject to a use permit in the Neighborhood Commercial (C-1) district as
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contained in LEMC 17.120.030 are also permitted in the C-2 zone subject to a Conditional
Use Permit. Pursuant to LEMC 17.120.030 drive-through establishments are permitted
use subject to a Conditional Use Permit Therefore, the proposed drive-through food
establishment is consistent with the commercial designation of the subject site as
described in the General Plan.
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 involve the potential for causing detrimental effects to the
existing surrounding community or the general public. The project has been conditioned
as such to avoid any possible negative impacts associated with the proposed project.
3. The site 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 site development plan provides sufficient drive-through lane lengths to
accommodate assumed peak vehicle queuing space, as well as provide conforming
building and drive lane setbacks from the right-of-way and neighboring properties.
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 construction of frontage improvements adjacent to the project
frontage on Dexter Avenue, construction of new traffic signal at the intersection of Dexter
Avenue and Third Street, and fee payments to established programs (Traffic Infrastructure
Fee and Transportation Uniform Mitigation Fee). Furthermore, the project has been
designed to ensure that drive-through operations do not impact surrounding roadways due
to queuing spillover. Therefore, the proposed 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.
The project 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 17, 2023, 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.
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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. 2022-07.
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 17th day of October, 2023.
Michael Carroll
Chair
Attest:
_________________________________
Damaris Abraham,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2023-45 was adopted by the Planning
Commission of the City of Lake Elsinore, California, at a regular meeting held October 17, 2023
and that the same was adopted by the following vote:
AYES: Commissioners Gray, Ross, and Williams; Vice-Chair Peters; and Chair Carroll
NOES: None
ABSENT: None
ABSTAIN: None
Damaris Abraham,
Assistant Community Development Director
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