HomeMy WebLinkAboutResolution 2021-57 CDR 2019-27, APN 389-030-012 Through 018
RESOLUTION NO. 2021-57
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 COMMERCIAL DESIGN
REVIEW NO. 2019-27 PROVIDING BUILDING DESIGN AND RELATED
IMPROVEMENTS FOR 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 0.44-acre portion of the site will be dedicated for road right -of-
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. The Project is located at
the northwest corner of Mountain Street and Lake Street (APNs: 389 -030-012, 013, 014, 015,
016, 017, and 018);
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 Implementation 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;
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;
Whereas, pursuant to Section 17.415.050 (Major Design Review), Section 17.410.070
(Approving Authority), and Section 17.410.030 (Multiple Applications) of the Lake Elsinore
Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the
responsibility of making recommendations to the City Council (Council) pertaining to d esign review
applications; 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE
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Section 1: 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), 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 and the LEMC.
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 Section 17.415.050.G of the LEMC, the Commission
makes the following findings regarding Commercial Design Review No. 2019 -27:
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 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, mixed-use
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 s tore, 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 project complies with
the goals and objectives of the General Plan because i t will assist in achieving the
development of a well-balanced and functional mix of residential, commercial, industrial,
open space, recreational, and institutional land uses. The project will serve to diversify and
expand Lake Elsinore’s economic base.
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. The project
meets requirements identified for the proposed use in cluding development standards for
setbacks, landscaping, screening and all other additional requirements for development of
this type.
2. The Project complies with the design directives contained in the General Plan and all other
applicable provisions of the LEMC.
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The project is appropriate to the site and surrounding developments. The architectural
design of the proposed building complies with the Nonresidential Development Standards
(Chapter 17.112) of the LEMC. 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 December 21, 2021. The project, as
reviewed and conditioned by all applicable City divisions, departments and agenc ies, will
not have a significant effect on the environment.
Section 4: Based upon all of the evidence presented, the above findings, and the conditions
of approval imposed upon the project, the Commission hereby recommends that the Council
approve Commercial Design Review No. 2019 -27.
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
Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE
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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 -57 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
Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE