HomeMy WebLinkAbout2023-102 CUP 2018-03 - EOT ResolutionRESOLUTION NO. 2023-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR
CONDITIONAL USE PERMIT NO. 2018-03 TO JULY 14, 2024
Whereas, on July 14, 2020, the City Council (Council) approved Conditional Use Permit
(CUP) No. 2018-03 and Commercial Design Review (CDR) No. 2016-17 to establish a new travel
center consisting of an 8,360 sq. ft. convenience store with concurrent sale of alcoholic beverages
(Type 21 ABC), three (3) quick serve restaurants, two (2) covered gas dispensing areas (with a
maximum throughput of 5.8 million gallons of gasoline per year) totaling 6,092 sq. ft., and a free-
standing 2,543 sq. ft. fast-food restaurant with a drive-through on a 2.39 net acre site. The project
site is located at the southwest corner of Riverside Drive and Collier Avenue (APNs: 378-030-007
and 009);
Whereas, the first one-year extension of time was approved by the Community
Development Director on July 22, 2022, extending the expiration date of CUP 2018-03 to July 14,
2023;
Whereas, Joseph Karaki, Karaki Western States Engineering, Inc., submitted a request
for an extension of time in accordance with the Lake Elsinore Municipal Code (LEMC) Section
17.415.070.D.2.c for CUP No. 2016-17 by one year from July 14, 2023 to July 14, 2024; and
Whereas, on December 12, 2023, at a duly noticed Public Hearing, the Council has
considered the recommendation of City staff as well as evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The Council has reviewed and analyzed the proposed Project pursuant to the
appropriate Planning and Zoning Laws, and Title 17 of the LEMC.
Section 2: The Council finds and determines that and no new environmental
documentation is necessary because all potentially significant effects have been adequately
analyzed in an earlier Mitigated Negative Declaration (MND) (SCH# 2019029048). All potentially
significant impacts have been avoided or mitigated pursuant to the earlier MND and none of the
conditions described in Section 15162 exist. MND (SCH# 2019029048) was adopted on July 14,
2020, for this project. No substantial changes that require major revisions to the MND exist and
no new information of substantial importance that require revisions to the earlier MND exist.
Section 3: That in accordance with Section 17.415.070.C of the LEMC, the Council
makes the following findings regarding CUP No. 2018-03:
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 Project has a General Plan Land Use designation of Limited Industrial (LI) and is located
in the Business District. The LI Land Use designation provides for industrial parks,
warehouses, manufacturing, research and development, public and quasi-public uses, and
similar and compatible uses with a maximum 0.45 Floor Area Ratio (FAR). The proposed
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CC Reso. No. 2023-102
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Project, which includes a gas station, convenience store and drive-through restaurant, are
all supportive and compatible uses with the other intended uses of the LI Land Use
Designation. The proposed Project would also have a 0.162 FAR. Therefore, the Project is
consistent with the General Plan. The current zoning for the subject site Commercial
Manufacturing (C-M). The proposed service station is a permitted use Section 17.132.020.U
of the C-M Zone, fast food restaurants and drive-through establishments are permitted
subject to the approval of a Conditional Use Permit per Section 17.132.020.D of the C-M
Zone. Further, the proposed Project will assist in achieving the development of a well-
balanced and functional mix of residential, commercial, industrial, open space, recreational
and institutional land uses.
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 Project complies with current laws, standards, and policies in accordance with Section
17.415.070.D.2.b of the LEMC.
The extension of time request has been reviewed by all applicable City divisions,
departments and agencies to ensure that the project complies with all applicable current
laws, standards and policies.
Section 4: Based upon the evidence presented, both written and testimonial, and the
above findings, and the Conditions of Approval imposed upon the project, the Council hereby
approves a one-year extension of time for Conditional Use Permit No. 2018-03 to July 14, 2024.
Section 5: This Resolution shall take effect immediately upon its adoption.
Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into
the book of original Resolutions.
Passed and Adopted at a regular meeting of the City Council of the City of Lake Elsinore,
California, this 12th day of December 2023.
Natasha Johnson
Mayor
Attest:
Candice Alvarez, MMC
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2023-102 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of December 12, 2023 and that the same was adopted by the following
vote:
AYES: Council Members Tisdale, Sheridan, and Magee; Mayor Pro Tem Manos; and Mayor
Johnson
NOES: None
ABSENT: None
ABSTAIN: None
Candice Alvarez, MMC
City Clerk
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