HomeMy WebLinkAboutItem No. 21 Notice of Decision - PC Approval PA No. 2021-17 (El Burro Taco Shop)City Council Agenda Report
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: TMP 21-249
Agenda Date: 6/22/2021 Status: PassedVersion: 1
File Type: Council Consent
Calendar
In Control: City Council / Successor Agency
Agenda Number: 21)
Notice of Decision - Planning Commission Approval of Planning Application No. 2021-17 (El
Burro Taco Shop) for the operation of a drive-through restaurant within an existing building
located at 31900 Mission Trail #100
Receive and File the June 1, 2021 Planning Commission Notice of Decision for Planning Application No .
2021-17.
Page 1 City of Lake Elsinore Printed on 12/29/2023
Page 1 of 2
REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Justin Kirk, AICP, Assistant Community Development Director
Date: June 22, 2021
Subject: Notice of Decision - Planning Commission Approval of Planning Application
No. 2021-17 (El Burro Taco Shop) for the operation of a drive-through
restaurant within an existing building located at 31900 Mission Trail #100
Applicant: Chris Zennedjian, El Burro Taco Shop
Recommendation
Receive and File the June 1, 2021, Planning Commission Notice of Decision for Planning
Application No. 2021-17.
The Planning Commission:
Approved Conditional Use Permit 2021-05.
The Planning Commission’s decision is final and no action by the City Council is required unless
the City Council by majority vote elects to review and reconsider the Planning Commission’s
decision by ordering the matter set for a future noticed public hearing according to Section
17.410.100.F of the Lake Elsinore Municipal Code (LEMC), or the applicant or an interested
person files a complete appeal application within 15 days of the notice appearing on the City
Council’s agenda.
Background
Planning Application No. 2021-17 (Conditional Use Permit No. 2021-05) proposes to establish
a drive-through restaurant within an existing 1,913 square foot (sf) suite of a two-story, multi-
tenant building.
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.
On June 1, 2021, a Planning Commission meeting convened with a quorum of five (5) Planning
Commissioners present. There were no public comments. Following the close of the public
hearing, the Planning Commission took unamious action to approve Planning Application 2021-
17.
PA 2021-17 (El Burro Taco Shop)
City Council Receive & File Report: 06/22/2021
Page 2 of 2
Fiscal Impact
The time and costs related to processing this application have been covered by fees paid for by
the applicant. No General Fund monies have been allocated or used in the processing of this
application. The approval of the Project does not fiscally impact the City’s General Fund.
Mitigation Measures to protect the City fiscally have already been included in the Conditions of
Approval.
Exhibits
A – Planning Commission Staff Report
Page 1 of 3
REPORT TO PLANNING COMMISSION
To: Honorable Chairman and Members of the Planning Commission
From: Justin Kirk, Assistant Community Development Director
Date: June 1, 2021
Subject: Planning Application No. 2021-17 – A request for the approval of a Conditional
Use Permit for the operation of a drive-through restaurant within an existing
building located at 31900 #100 Mission Trail.
Applicant: Chris Zennedjian, El Burro Taco Shop
Recommendation
1. Adopt 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).
Project Request and Location
The applicant is 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) suite
of a two-story, multi-tenant building. 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.
Environmental Setting
EXISTING
LAND USE
GENERAL PLAN ZONING
Project Site Commercial Commercial Mixed Use (CMU) Commercial Mixed Use (CMU)
North Vacant Commercial Mixed Use (CMU) Commercial Mixed Use (CMU)
South Commercial Commercial Mixed Use (CMU) Commercial Mixed Use (CMU)
East Commercial Commercial Mixed Use (CMU) Commercial Mixed Use (CMU)
West Commercial Commercial Mixed Use (CMU) Commercial Mixed Use (CMU)
Project Description
The proposed project would permit a drive-through window in support of a new restaurant
currently under construction. The new restaurant is approximately 1,913sf (720sf customer area,
680sf of service area and 513sf of ancillary uses) and would operate 8:00am to 10:00pm, seven
days a week. The drive-through window, canopy and ancillary improvements, including the
PA 2021-14 (CUP 2021-02)
06/01/2021
Page 2 of 3
access to Mission Trail were previously constructed when the space was used as a bank, but
have not been used for several years. The City has previously issued a building permit for the
tenant improvements and they are currently under construction. The tenant improvements for the
restaurant included the modification of the drive-through window and the applicant is proposing
to add a menu board/ordering area within an existing planter area that is approximately 160’-0”
from the window which will provide a vehicle queuing area for approximately eight (8) vehicles.
Analysis
General Plan Consistency
The project site has a General Plan land use designation of Commercial Mixed Use (CMU) and
is in the Ballpark 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. The project is proposing to establish a drive-through
restaurant within an existing commercial development and is consistent with the land uses
identified in the CMU land use designation.
Municipal Code Consistency
The project is in the Commercial Mixed Use (CMU) zone and pursuant to Section 17.134.020 of
the Lake Elsinore Municipal Code (LEMC), the CMU district permits the operation a drive-through
for bank, food, pharmacy subject to a Conditional Use Permit.
The project also complies with the requirements listed in LEMC, Chapter 17.148 (Parking
Requirements). Section 17.148.060 A-C of the LEMC specifies the requirements for drive through
restaurants for queuing, circulation and separation. The proposed queuing area would allow for
eight (8) vehicles at a length of 20’-0” per vehicle, consistent with the minimum requirements. The
drive-through lane is located at the back of the building and does not interfere with other drive
aisles onsite and will not block any driveway or parking space. The aisle is largely separated from
other onsite circulation by the existing building and planters.
Noise generation will occur at the ordering area. The adjacent site to the north is currently vacant
and the location of the ordering area is located towards the rear of a parking area and setback
from the two-story buildings, thereby limiting potential impacts. The project is conditioned to also
comply with Section 17.176 (Noise Ordinance) of the LEMC.
The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and
Engineering have reviewed the requested Conditional Use Permit application, and support the
proposed Project. Appropriate Conditions of Approval have been included that would address any
potential issues associated with the future operation of the use. Building and Safety and Fire
divisions will conduct occupancy inspections to ensure the space is adequate for the proposed
use, prior to the use commencing.
Environmental Determination
Staff has determined that the proposed Project is exempt from the California Environmental
Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities). Class 1 consists of
the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing
public or private structures, facilities, mechanical equipment, or topographical features, involving
negligible or no expansion of use beyond that existing at the time of the lead agency’s
PA 2021-14 (CUP 2021-02)
06/01/2021
Page 3 of 3
determination. The proposed Project includes minor exterior improvements to an existing building
located within an shopping center. The site is fully developed, and only minor alterations are
planned in association with the proposed use.
Exhibits
A – CUP Resolution
B – Conditions of Approval
C - Vicinity Map
D – Aerial Map
E – Project Description/Plans
RESOLUTION NO. 2021-
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. 2020-05) 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
PC Reso. No. 2021-____
Page 2 of 4
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. 2020-07:
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.
PC Reso. No. 2021-____
Page 3 of 4
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 160lf), 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 on this 1st day of June, 2021.
Rendell Klaarenbeek, Vice Chairman
PC Reso. No. 2021-____
Page 4 of 4
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-__ 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
NOES:
ABSTAIN:
ABSENT:
Justin Kirk,
Assistant Community Development Director
Applicant’s Initials: _____ Page 1 of 4
CONDITIONS OF APPROVAL
PROJECT: PA 2021-17 (CUP 2021-05)
PROJECT LOCATION: APN: 363-172-006
APPROVAL DATE:
EFFECTIVE DATE:
EXPIRATION DATE:
GENERAL CONDITIONS
1. Planning Application No. 2021-17 (Conditional Use Permit No. 2021-05) proposes to
establish a 1913 square foot drive-through restaurant within an existing two-story multi-
tenant building located at 31900 Mission Trail #100. The project site is generally located
northeast of the intersection of Campbell St. and Mission Trail within Heritage Plaza and is
more specifically referred to as Assessor Parcel Number: 363-172-006.
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants
(Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set
aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning approval, implementation and construction of CUP 2021-05,
which action is bought within the time period provided for in California Government Code
Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the
approval, extension or modification of CUP 2021-05 or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto. The Applicant's
indemnification is intended to include, but not be limited to, damages, fees and/or costs
awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including
without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred
by Indemnitees in connection with such proceeding. The City will promptly notify the
applicant of any such claim, action, or proceeding against the City. If the project is
challenged in court, the City and the applicant shall enter into formal defense and indemnity
agreement, consistent with this condition.
3. Within 30 days of Project approval and prior to issuance of any building permits, the
applicant shall sign and complete an “Acknowledgement of Conditions,” and shall return the
executed original to the Community Development Department for inclusion in the case
records.
PLANNING DIVISION
4. Conditional Use Permit No. 2021-05 shall lapse and become void two years following the
date on which the conditional use permit became effective, unless one of the following: (1)
prior to the expiration of two years, a building permit related to the conditional use permit is
issued and construction commenced and diligently pursued toward completion; or (2) prior
to the expiration of two years, the applicant has applied for and has been granted an
extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of
Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of
LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of
this section shall run with the land and shall continue to be valid upon a change of ownership
of the site or structure, which was the subject of the Conditional Use Permit application.
PA 2021-17
Conditions of Approval Planning Commission: June 1, 2021
Applicants Initials: _____ Page 2 of 4
5. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the Lake
Elsinore Municipal Code (LEMC). All activities shall be conducted whereas not to become
a noise nuisance to neighboring uses. If complaints are received, the applicant/operator
shall be required to take corrective action to respond to the such complaints, including but
not limited to the installation of sound proofing materials for walls, etc… as determined by
the Community Development Director.
6. The Conditional Use Permit granted herein shall run with the land and shall continue to be
valid upon a change of ownership of the site or structure which was the subject of this
approval. An application for modification, expansion or other change in a Conditional Use
Permit shall be reviewed according to the provisions of the Lake Elsinore Municipal Code,
Title 17 in a similar manner as a new application.
7. The applicant shall meet all applicable City Codes and Ordinances.
8. A business license shall be obtained prior to a certificate of occupancy of the proposed
establishment.
9. There shall be no loitering in or around the business.
10. Conditional Use Permit No. 2021-05 shall be limited to the floor and site plan prepared by
the applicant and included in the staff report. In the event the applicant proposes to modify
the floor plan or exterior menu board and directional signage, the modification shall be
subject to review by the Community Development Director. The Community Development
Director may approve the modification or refer the matter to the Planning Commission if
judged to be substantial.
11. Drive Through hours are allowed seven (7) days a week from 08:00 AM to 10:00 PM. In the
event the applicant proposes to modify the hours of operation, the modification shall be
subject to review by the Community Development Director. The Community Development
Director may approve the modification or refer the matter to the Planning Commission if
judged to be substantial.
12. A Temporary Use Permit or Special Event Permit, as applicable, shall be obtained prior to
conducting any and all outdoor events on the subject property.
13. Use of the site must be conducted so as to not become obnoxious by reason of impacts to
parking, noise, odor, traffic, or the maintenance of the grounds and in such manner as will
not detrimentally affect adjoining properties and uses. At the discretion of the Community
Development Director, this Conditional Use Permit may be referred to the Planning
Commission for subsequent review at a public hearing. If necessary, the Commission may
modify or add conditions of approval to mitigate such impacts or may revoke said
Conditional Use Permit.
14. The applicant shall comply with all necessary California Department of Alcohol Beverage
Control (ABC) requirements.
15. No sales of alcohol through the drive-through window shall be permitted.
16. There shall be no outdoor storage or activities of any kind.
PA 2021-17
Conditions of Approval Planning Commission: June 1, 2021
Applicants Initials: _____ Page 3 of 4
17. A minimum of 160lf of drive through queuing space from the ordering area to the service
window shall always be maintained.
18. Should the operation of the drive-through window interfere with free and orderly circulation
of the parking lot, an operations management plan depicting technique to effectively
eliminate the interference.
19. Any graffiti painted or marked upon the premises or any adjacent area under the control of
the licensee/applicant shall be removed or painted over within 24 hours of being applied.
20. Any proposed exterior signage shall comply with Lake Elsinore Municipal Code, Title 17
requirements.
BUILDING DIVISION
21. The project shall comply with all applicable Building Codes in effect at the time, including
requirements for the occupancy.
22. Any internal or external modifications to the building shall require a building permit. All
proposed signage requires a building permit.
CITY OF LAKE ELSINORE FIRE MARSHAL
23. The applicant/operator shall comply with all requirements of the Riverside County Fire
Department Lake Elsinore Office of the Fire Marshal.
PA 2021-17
Conditions of Approval Planning Commission: June 1, 2021
Applicants Initials: _____ Page 4 of 4
I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above
named project and do hereby agree to accept and abide by all Conditions of Approval as approved
by the City of Lake Elsinore Planning Commission on ______________. I also acknowledge that
all Conditions shall be met as indicated.
Date:
Applicant’s Signature:
Print Name:
Address:
Phone Number:
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