HomeMy WebLinkAboutResolution 2021-56 CUP 2019-19, APN 389-030-012 Through 018
RESOLUTION NO. 2021-56
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, APPROVE CONDITIONAL USE PERMIT
NO. 2019-19 TO ESTABLISH THE LAKE AND MOUNTAIN COMMERCIAL
CENTER PROJECT LOCATED AT APNS 389-030-012 THROUGH 018
Whereas, Danny Singh, Tiger Petroleum, Inc. has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2019 -34 (Tentative Tract Map No.
37922, Conditional Use Permit No. CUP 2019 -19, and Commercial Design Review No. 2019-27)
to develop an approximately 32,695 square foot (SF) commercial retail center on 6.07 acres of
land (Project). The Project proposes to subdivide the site into six (6) lots ranging in size from 0.66
acres to 1.10 acres. The remaining 0.4 4-acre portion of the site will be dedicated for road rightof -
way purposes. The Project also proposes to construct a 3,400 SF convenience store with an
attached 1,525 SF Quick-Serve Restaurant, 4,089 SF gas fueling canopy, a 3,150 SF express car
wash, two (2) 4,850 SF retail buildings, a 3,320 SF drive -thru restaurant with an attached 1,600
SF retail building, and a 2,520 SF drive -thru restaurant with an attached 2,400 SF retail building
with 170 parking spaces, landscaping, and related site improvements. T he Project is located at
the northwest corner of Mountain Street and Lake Street (APNs: 389 -030-012, 013, 014, 015,
016, 017, and 018); and,
Whereas, the City prepared a Draft Environmental Impact Report (EIR) (SCH No.
2020080538) for the Project pursuant to the California Environmental Quality Act (California Public
Resources Code Sections 21000 et seq.: “CEQA”), the State Guidelines for Implementatio n of the
California Environmental Quality Act (California Code of Regulations, Sections 15000 et seq.: the
“State CEQA Guidelines”), and the City’s Procedures for Implementing the State CEQA
Guidelines and its other procedures relating to environme ntal evaluation of public and private
projects; and,
Whereas, the City transmitted for filing a Notice of Availability/Notice of Completion of a
DEIR and in accordance with the State CEQA Guidelines forwarded the DEIR to the State
Clearinghouse, for distribution to those agencies which have jurisdiction by law with respect to the
Project, and to other interested persons and agencies, and sought the comments of such persons
and agencies. The State Clearinghouse posted the DEIR for a 45 -day public comment period
which ran from July 2, 2021 to August 16, 2021; and,
Whereas, Section 17.415.070 of the Lake Elsinore Municipal Code (LEMC) provides that
certain uses are desirable but may have operational characteristics that disproportionately impact
adjoining properties, businesses, or residents. Accordingly, such uses require a more
comprehensive review and approval procedure, including the ability to condition the project in
order to mitigate significant impact; and,
Whereas, pursuant Section 17.415.070 (Conditional Use Permits), Section 17.410.070
(Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning
Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to conditional use permits ; and,
Whereas, on December 21, 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.
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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 recommendation
to the Council and has found it acceptable.
Section 2: The Commission has considered and evaluated all written and oral staff
reports and comments received from persons who have reviewed the DEIR, the comments
submitted on the DEIR; the public testimony, and such other matters as are reflected in the record
of the public hearing on the Project and the DEIR. The Commission hereby recommends to the
Council that the EIR for the Project is adequate and has been completed in compliance with
CEQA, the State CEQA Guidelines, and local procedures adopted by the City pursuant thereto.
The Commission has reviewed and considered the information contained in the Draft EIR and
finds that the Draft EIR represents the independent judgment of the City.
Section 3. That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding Conditional Use Permit No. 2019 -19:
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 within the Alberhill District. The GC Land Use designation provides for retail,
services, restaurants, professional and administrative offices, hotels and motels, mixeduse
projects, public and quasi-public uses, and similar and compatible uses with a maximum
0.40 Floor Area Ratio (FAR). The project is proposing to develop approximately 32,695
sq. ft. of commercial retail development, which includes a convenience st ore, gas station,
express car wash, drive-through and quick-serve restaurants, and retail buildings with 0.13
FAR. Therefore, the Project is consistent with the General Plan. The current zoning for the
subject site is General Commercial (C-2). Section 17.124.020 of the C-2 zone states that
permitted uses listed in the Neighborhood Commercial (C -1) zone are also permitted in
the C-2 zone. Section 170.120.020 of the C-1 zone lists retail stores and restaurants and
eating establishments (excluding drive -through) as permitted uses. Section 17.124.030 of
the C-2 zone states that uses subject to a conditional use permit listed in the C -1 zone are
also permitted in the C-2 zone subject to a Conditional Use Permit. Section 170.120.030
of the C-1 zone permits drive-through establishments, gasoline dispensing
establishments, and car wash subject to a Conditional Use Permit. Further, the proposed
commercial 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 C ity.
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.
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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 analyzed and staff has determined that the proposed use
meets all applicable sections of the LEMC and will complement the existing uses, based
on the submitted plans and the conditions of approval imposed on the Project.
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 project would include dedication on Lake Street and Mountain Street to the ultimate
half‐section width and would construct frontage improvements in accordance with City’s
Engineering Department requirements. These improvements will be sufficient for the type
and quantity of traffic generated by the proposed use.
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 Conditional Use Permit 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 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 December 21, 2021, appropriate
and applicable conditions of approval have been included to protect the public health,
safety and general welfare.
Section 4: Based upon the evidence presented, the above findings, and the Conditions of
Approval imposed upon the Project, the Commission hereby recommends that the Council
approve Conditional Use Permit No. 2019 -19.
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 21st day of December, 2021.
John Gray
Chair
Attest:
___________________ _FOR:
Justin Kirk
Assistant Community Development Director
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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 -56 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on December 21, 2021 and that the same
was adopted by the following vote:
AYES: Commissioners Carroll, Peters and Klaarenbeek; Vice Chair Dobler; and Chair Gray
NOES:
ABSTAIN:
ABSENT:
FOR:
Justin Kirk
Assistant Community Development Director
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