HomeMy WebLinkAboutResolution 2020-47 LEMC Amendment 2017-02 Chapter 17.132 Drive-Threw Establishments C-M District
RESOLUTION NO. 2020-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF MUNICIPAL CODE
AMENDMENT NO. 2017-02 AMENDING CHAPTER 17.132 OF THE LAKE
ELSINORE MUNICIPAL CODE REGARDING DRIVE-THROUGH
ESTABLISHMENTS IN THE COMMERCIAL MANUFACTURING (C-M) DISTRICT
Whereas, Joseph Karaki, Karaki Western States Engineering, Inc., has filed an application with
the City of Lake Elsinore (City) requesting approval of Planning Application No. 2016-112
(Municipal Code Amendment No. 2017-02, Conditional Use Permit No. 2018-03, and Commercial
Design Review No. 2016-17). The Project site is located in the central portion of the City, near the
southwest corner of Riverside Drive and Collier Avenue and encompasses Assessor Parcel
Numbers (APNs) 378-030-007 and 378-030-009; and,
Whereas, Municipal Code Amendment (MCA) No. 2017-02 proposes an amendment to Chapter
17.132 of the Lake Elsinore Municipal Code (LEMC) to allow for drive-through establishments as
a use subject to approval of a Conditional Use Permit in the Commercial Manufacturing (C-M)
District; and,
Whereas, Conditional Use Permit No. 2018-03 and Commercial Design Review No. 2016-17 are
proposing to establish a new travel center consisting of an 8,360 square foot (SF) 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 SF, and a free-standing 2,543 SF fast-food restaurant
with a drive-through on a 2.39 net acre site after right-of-way dedication. The Project will provide
59 total vehicular parking spaces, three (3) RV parking spaces, and a service loading area along
the northern property line; and,
Whereas, pursuant to Section 17.415.040 (Zoning Amendments) of the LEMC, the Planning
Commission (Commission) has been delegated with the responsibility of reviewing and making
recommendations to the City Council (Council) regarding changes to Title 17 of the LEMC; and,
Whereas, on November 5, 2019 and June 16, 2020, 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 RECOMMEND TO THE CITY COUNCIL AS
FOLLOWS:
Section 1: The Commission has reviewed and analyzed the proposed amendment to the LEMC
and finds and determines that the ordinance is in compliance with the goals and policies of the
City of Lake Elsinore General Plan (GP), that the ordinance will not be detrimental to the public
interest, health, safety, convenience, or general welfare of the city; and that it is consistent with
the requirements of California Planning and Zoning Law and with the goals and policies of the GP
and the LEMC.
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Section 2: On June 16, 2020, after consideration and evaluation of all written reports and
comments and oral testimony presented by the Community Development Department and other
City departments, property owners, residents and other interested parties and such other matters
as are reflected in the record of the noticed Public Hearing on the Project, the Commission
adopted a resolution finding and determining that the Mitigated Negative Declaration (ER 201802)
(SCH No. 2019029048) is adequate and is prepared in accordance with the requirements of
CEQA
Section 3: In accordance with Government Code Section 65855, the Planning Commission sets
forth the following findings for its recommendation that the City Council amend Title 16 and Title
17 of the Lake Elsinore Municipal Code Streamlining Code Provisions and Procedures:
1. The proposed zoning code amendments will not be: a) detrimental to the health, safety,
comfort or general welfare of the persons residing or working within the City, or b) injurious
to the property or improvements within the City.
The proposed zoning code amendment has been analyzed relative to its potential to have
detrimental effects and it has been determined that the amendment has no impact upon
the public’s health, safety, comfort and general welfare because the proposed municipal
code revision proposes to add drive-through establishments to better complement and
support the other uses in the Commercial Manufacturing (C-M) zone.
2. The proposed is consistent with the Goals, Policies and Implementation Programs of the
General Plan and the development standards established with the LEMC.
The proposed zoning code amendment does not create new zoning districts, remove
existing zoning districts or rezone a property. The proposed zoning code amendment does
not affect the density or intensity of uses and will not interfere with the implementation of
the goals, policies, and implementation programs of the General Plan.
Section 4: Section 17.132.030.D (Uses subject to a conditional use permit) of the LEMC is hereby
amended to read as follows (new text underlined and deletions in strikethrough):
D. Eating places and fast food establishments; excluding including drive-in and drive-through
establishments.
Section 5: Based upon the evidence presented, both written and testimonial, and the above
findings, the Commission hereby recommends that the Council approve the amendment to
Section 17.132.030.D of the LEMC as noted in Section 4 above.
Section 6: This Resolution shall take effect immediately upon its adoption.
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Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake
Elsinore, California, this 16th day of June 2020.
Michael Carroll
Chair
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. 2020-47 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 16th day of June 2020 and that the
same was adopted by the following vote:
AYES: Commissioner Armit, Gray, and Ross; Vice Chair Klaarenbeek; and Chair Carroll
NOES: None
ABSENT: None
ABSTAIN: None
Justin Kirk,
Assistant Community Development Director
For:
For:
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