HomeMy WebLinkAboutResolution 2021-34 CUP 2021-03, APN 379-224-015
RESOLUTION NO. 2021-34
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF CONDITIONAL USE
PERMIT NO. 2021-03 TO ESTABLISH A DRIVE THROUGH WITHIN A NEW 893
SQUARE FOOT RESTURANT LOCATED AT ASSESOR PARCEL NUMBER (APN)
379-224-015
Whereas, Angie Allen of Steeno Designs, has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2020-109 (Conditional Use Permit
No. 2021-03, Commercial Design Review No. 2021-06 and Tentative Parcel Map No. 38004 ).
The Project consists of Tentative Parcel Map 38004 that would subdivide an existing 1.09-acre
site into two (2) lots, a Commercial Design Review application for the purposes of the construction
of an 893 square foot new Starbucks restaurant and a Conditional Use Permit to permit a drive
through restaurant. The project is located at the northwest corner of the intersection of Riverside
and Lakeshore and is more specifically referred to as Assessor Parcel Number (APN) 379 -224-
015;
Whereas, pursuant to Section 17.168.070 (Conditional Use Permits) 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 August 3, 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, 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 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 CEQA Guidelines Section 15332 In -Fill
Development Projects. The Project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, and is within the City’s boundaries on a
site less than five acres surrounded by urban uses. The subject p roperty has no value as habitat
for endangered, rare or threatened species . Approval of the Project will not result in any significant
effects relating to traffic, noise, air quality, or water quality and the Project is adequately served
by all required utilities and public services .
Section 3. That in accordance with LEMC Section 17.415.070.C, Findings, the
Commission makes the following findings regarding Planning Application No. 2020-109
(Conditional Use Permit No. 2020-03):
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.
Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE
PC Reso. No. 2021-34
Page 2 of 3
The Project site has a General Plan Land Use designation of General Commercial (GC)
that 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 a gas station and a convenience store with 0.06 FAR. Therefore, the Project is
consistent with the General Plan. The current zoning for the subject site Gene ral
Commercial (C-2). The proposed use is identified as a permitted use subject to the
approval of a Conditional Use Permit within the C -2 zone. 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. 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.
2. The proposed use will not result in 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.
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 Project.
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 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 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.
Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE
PC Reso. No. 2021-34
Page 3 of 3
Pursuant to Section 17.415 of the LEMC, the Project was considered by the Planning
Commission at a duly noticed Public Hearing on August 3, 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 Condi tions
of Approval imposed upon the Project, the Commission hereby recommends that the Council
approve Planning Application No. 2020-109 (Conditional Use Permit No. 2021-03).
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 3rd day of August, 2021.
John Gray
Chair
Attest:
_____________________________FOR:
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. 20 21-34 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held on the 3rd day of August, 2021, and that the
same was adopted by the following vote:
AYES: Commissioners Carroll, Klaarenbeek and Peters; Vice Chair Dobler; and Chair Gray
NOES:
ABSTAIN:
ABSENT:
FOR:
Justin Kirk
Assistant Community Development Director
Docusign Envelope ID: 801220F4-5DEB-4CE9-A102-7843AEBF6EAE