HomeMy WebLinkAboutPC Reso 2023-46 CDR 2022-10 Design & Improvements Commercial Building & RestaurantRESOLUTION NO. 2023-46
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO.
2022-10 PROVIDING BUILDING DESIGNS AND RELATED IMPROVEMENTS
FOR ONE 10,241 SQUARE-FOOT COMMERCIAL BUILDING AND A 3,887
SQUARE FOOT RESTAURANT WITH A TWO-LANE DRIVE-THROUGH
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 Allen 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, pursuant to Section 17.415.050 (Major Design Review) of the Lake Elsinore
Municipal Code (LEMC), the Planning Commission (Commission) has the responsibility of
reviewing and approving, conditionally approving, or denying design review applications; 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 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.
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 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 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 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 5: That in accordance with Section 17.415.050.G of the LEMC, the Commission
makes the following findings regarding Commercial Design Review No. 2022-10:
1. The project, as approved, will comply with the goals and objectives of the General Plan
and the zoning district in which the project is located.
The subject site has a General Plan Land Use designation of General Commercial (GC)
and is located in the Business District. 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 multi-tenant
commercial retail building and a drive-through restaurant with 0.14 FAR. Therefore, the
Project is consistent with the General Plan.
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Furthermore, the current zoning designation of the subject site is General Commercial (C-
2). According to Section 17.124.020 of the Lake Elsinore Municipal Code (LEMC), all
permitted uses of the Commercial Office (C-O) and the Neighborhood Commercial (C-1)
district as contained within LEMC 17.116.0202 and 17.120.020 are also permitted uses in
the C-2 zone. Restaurants and eating establishments and Retail or General Merchandise
stores are permitted uses. According to Section 17.124.030 of the LEMC, Uses permitted
subject to a use permit in the C-1 district as 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 Project complies with the design directives contained in the LEMC and all applicable
provisions of the LEMC.
The project is appropriate to the site and surrounding developments. The architectural
design of the proposed buildings conforms to the Nonresidential Development Standards
(Chapter 17.112) of the LEMC. Sufficient setbacks and enhanced onsite landscaping have
been provided thereby creating interest and varying vistas as a person moves along
abutting streets. The architecture has been designed to achieve harmony and
compatibility with the surrounding area. The colors and materials proposed will assist in
blending the architecture into the existing landscape and are compatible with other colors
and materials used on other properties near the project site. 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 October 17, 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, the above findings, and the Conditions
of Approval imposed upon the project, the Commission hereby approves Commercial Design
Review No. 2022-10.
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
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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. 2023-46 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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