HomeMy WebLinkAboutAttachment 1 - CDR ResolutionRESOLUTION NO. 2024-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING PLANNING APPLCIATION NO. 2020-89
(COMMERCIAL DESIGN REVIEW NO. 2020-03) TO CONSTRUCT A 7,500
SQUARE FOOT GROCERY MARKET AND TAKE-OUT RESTAURANT AND
RELATED SITE IMPROVEMENTS ON A 0.48 ACRE SITE WITHIN THE
DOWNTOWN ELSINORE SPECIFIC PLAN (APN: 373-025-026)
Whereas, Rajni Sanathra, CHC Builder, has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2020-89 (Commercial Design
Review No. 2020-03) to construct a 7,500 square foot grocery market and take-out restaurant, 25
parking spaces and related site improvements The project site is located on an approximately
0.48-acre site on the easterly side of Main Street south of Franklin Street and north of Heald
Avenue. (APN: 373-025-026);
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 January 16, 2024, 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.
2. The Project is consistent with the Riparian/Riverine Areas, Vernal Pools Guidelines, and
the Fuel Management Guidelines because the Project is not located within a Criteria cell
therefore Sections 6.1.2 or 6.3.1 of the MSHCP are not applicable.
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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 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), The Downtown Elsinore Specific Plan (DESP) 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, DESP 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 Section 15303 (New Construction or
Conversion of Small Structures). Class 3 consists of construction and location of limited numbers
of new, small facilities or structures; installation of small new equipment and facilities in small
structures; and the conversion of existing small structures from one use to another where only
minor modifications are made in the exterior of the structure. (c) A store, motel, office, restaurant
or similar structure not involving the use of significant amounts of hazardous substances, and not
exceeding 2500 square feet in floor area. In urbanized areas, the exemption also applies to up to
four such commercial buildings not exceeding 10,000 square feet in floor area on sites zoned for
such use if not involving the use of significant amounts of hazardous substances where all
necessary public services and facilities are available and the surrounding area is not
environmentally sensitive. The project involves the construction of a 7,500 sq. ft. grocery store
which is within the 10,000 sq. ft. threshold for an urbanized area. Additionally, the location meets
the definition of an urbanized area as set forth in Section 21071(a)(2) of the Public Resources
Code. The project is consistent with Downtown Elsinore Specific Plan (DESP) and has all
necessary public services and facilities are available and the surrounding area is not
environmentally sensitive.
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. 2020-03:
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 subject site is located the General Plan’s Specific Plan Land Use Designation and is
within the Downtown Elsinore Specific Plan’s (DESP) Mixed Use Land Use Designation.
The Mixed Use designation provides for a mix of residential and commercial uses within
a single proposed development are, with an emphasis on retail, service, civic, and
professional office uses. The maximum Floor Area Ratio (FAR) for non-residential uses in
the Mixed Use designation is 2.50. The applicant proposes to construct a 7,500 square
foot grocery market with indoor take-out restaurant on a 0.48-acre site with an FAR of
approximately 0.38.
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Furthermore, the current land use designation of the subject site is Mixed Use. According
to Table 3-1 (Land Use Matrix) of the DESP Retail Sale, food establishments, and outdoor
seating areas are listed permitted uses Therefore, the proposed use is consistent with the
land use goals and policies of DESP. Furthermore, the project is consistent with the
general Plan as the DESP was found to be consistent with the General Plan at its adoption.
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 January 16, 2024. 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, both written and testimonial, and the
above findings, the Commission hereby finds that the project is consistent with the MSHCP.
Section 7: 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. 2020-03.
Section 8: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 16th day of January, 2024.
Michael Carroll, Chairman
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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. 2024-__ was adopted by the Planning
Commission of the City of Lake Elsinore, California, at a regular meeting held January 16, 2024
and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Damaris Abraham,
Assistant Community Development Director