HomeMy WebLinkAboutReso 2024-01 CUP NO. 2023-06 - PA No. 2023-15 - Starbucks Collier
RESOLUTION NO. 2024-01
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2023-15
(CONDITIONAL USE PERMIT NO. 2023-06) TO ESTABLISH AND OPERATE A
STARBUCKS COFFEE SHOP WITH A DRIVE-THROUGH AND OUTDOOR
DINING AREA IN AN EXISTING 4,400 SQ. FT. BUILDING LOCATED AT 18295
COLLIER AVENUE (APN: 377-120-057)
Whereas, Matthew Rochtashel, Urban Dweller Architects, has filed an application with the
City of Lake Elsinore (City) requesting approval of Planning Application No. 2023-15 (Conditional
Use Permit No. 2023-06 and Commercial Design Review No. 2023-04) to permit the operation of
a drive-through and an outdoor dining area in connection with the establishment of a Starbucks
coffee shop. The project also includes minor onsite modifications related to the existing 4,400
square foot building’s size, exterior elevations, parking lot layout, site circulation, and landscaping.
The project site is located on an approximately 0.96-acre site at 18295 Collier Avenue. (APN:
377-120-057);
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, Chapter 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;
Whereas, pursuant to Chapter 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 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 has found it acceptable.
Section 2: That in accordance with the MSHCP, the Commission makes the following
findings for MSHCP consistency:
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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 site is developed with existing Commercial uses. The project is
proposing to remodel an existing commercial building. 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 is exempt from MSHCP local development mitigation fees pursuant to
LEMC Section 16.85.090.B because the project involves remodeling to an existing
development project and will not result in additional usable square footage.
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). 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 determination. The project proposes to
remodel the 4,400 sq. ft. building by reducing the building foot print to 3,820 sq. ft. and construct
a new 497 sq. ft. outdoor seating area. The site is fully developed, and only minor site
modifications related to landscaping, drive-through, and parking lot layout are planned in
association with the proposed project.
Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding Conditional Use Permit No. 2023-06:
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 project has a General Plan Land Use designation of General Commercial (GC) and
is located in the Business District. The GC designation provides for retail, restaurants,
professional and administrative offices, hotels and motels, mixed projects, public and
quasi-public uses, and similar and compatible uses. The Floor Area Ratio (FAR) shall not
exceed 0.40. The proposed project, which includes a coffee shop with a drive-through and
outdoor dining area, is consistent and compatible with the other intended uses of the GC
Land Use Designation. The proposed project has a 0.09 FAR. Therefore, the project is
consistent with the General Plan.
The current zoning for the subject property is General Commercial (C-2). According to
Section 17.124.020 (Permitted Uses) of the Lake Elsinore Municipal Code (LEMC), all
permitted uses of the Commercial Office (C-O) and Neighborhood Commercial (C-1)
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districts as contained within LEMC Section 17.116.020 and 17.120.020 are also permitted
in the C-2 zone. Restaurants and eating places 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.
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 will be located within an existing building. 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 conversion and operation of the proposed facility.
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.
The proposed use has been reviewed for compliance with applicable sections of the
LEMC, and the proposed use will complement the existing uses, based on the submitted
plans and attached conditions of approval.
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 built environment, inclusive of streets. The
existing 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 has been thoroughly reviewed and conditioned by all applicable City
departments thereby eliminating the potential for any adverse effects.
6. Adequate conditions and safeguards pursuant to Section 17.415.070.B of the LEMC,
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
Commission at a duly noticed Public Hearing on January 16, 2024, appropriate and
applicable conditions of approval have been included to protect and promote the public
health, safety, and general welfare.
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Section 5: 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 6: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the project, the Commission hereby approves Planning Application No.
2023-15 (Conditional Use Permit No. 2023-06).
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at the regular meeting of the Planning Commission of the City of Lake
Elsinore, California this 16th day of January, 2024.
Michael Carroll
Chair
Attest:
___________________________________
Damaris Abraham,
Assistant Community Development Director
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Assistant Community Development Director of the City of Lake Elsinore,
California, hereby certify that Resolution No. 2024-01 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: Commissioners Williams, Ross and Gray; Vice Chair Peters; and Chair Carroll
NOES: None
ABSENT: None
ABSTAIN: None
Damaris Abraham,
Assistant Community Development Director
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