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HomeMy WebLinkAboutReso 2025-02 - CUP 2023-05 - PA 2023-13 - Collier Retail Shops RESOLUTION NO. 2025-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023 -05 TO ESTABLISH AND OPERATE A 2,397 -SQUARE-FOOT DRIVE-THROUGH RESTAURANT WITH A 480 SQUARE-FOOT OUTDOOR DINING AREA IN THE ALBERHILL RANCH SPECIFIC PLAN’S HIGHWAY COMMERCIAL (C-H) DISTRICT LOCATED AT APN 389-200-031 Whereas, Erwin Randhawa, PSR Investments LE, LLC, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2023 -13 which includes Commercial Design Review (CDR No. 2023 -03), Conditional Use Permit (CUP No. 2023- 05), and Sign Design Review (SIGN No. 2023-07) to construct a one-story 7,200 square-foot (sq. ft.) retail shopping center with a drive-through restaurant building and related site improvements on a 1.4-acre site. CDR No. 2023-03 is to allow the development of a new commercial building, CUP No. 2023-05 is to permit the operation of the drive -through restaurant and SIGN No. 2023- 07 is to establish a unified signage theme and design for the retail shopping center; Whereas, the project is located along the easterly edge of Collier Avenue near the southeast intersection of Collier Avenue and Nichols Road (APN: 389-200-031); Whereas, pursuant to development standards for the Highway Commercial District of the Alberhill Ranch Specific Plan , a CUP is required to allow drive-through establishments as well as restaurants with outdoor eating areas . The applicant proposes to develop a retail shopping including a drive-through quick service restaurant with an outdoor dining area; Whereas, Section 17.415.070 of the LEMC and the Alberhill Ranch Specific Plan (ARSP) 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 t he ability to condition the project in order to mitigate significant impacts; Whereas, pursuant to Section 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 21, 2025, 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 and has found it acceptable. Section 2: 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. Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56 PC Reso. No. 2025-02 Page 2 of 4 Section 3: 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 15303 (New Construction or Conversion of Small Structures) because the project is in a location that meets the definition of an urbanized area as outlined in Section 21071(a)(2) of the Public Resources Code; therefore, the project qualifies for the Class 3 exemption given that the proposed building is under 10,000 sq. ft. in floor area. Furthermore, the project is located within the Highway Commercial (C-H) District of the Alberhill Ranch Specific Plan which allows for the proposed type of development including retail and drive -through uses. The project does not involve significant amounts of hazardous substances, all public services and facilities are available to serve the project, and the surrounding area is not environmentally sensitive as the surrounding properties have been developed and heavily disturb ed. Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the Commission makes the following findings regarding CUP No. 2023-05: 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 Specific Plan (SP) and is located within the Alberhill Ranch Specific Plan (ARSP) and has a Highway Commercial District. The Highway Commercial District accommodates a full range of retail stores, offi ces, personal and business services establishments offering commodities and services scaled to meet the needs of the future residents of the Alberhill Ranch and the region as a whole. The application proposes to construct an approximately 7,200 square -foot retail shopping center with a drive-through restaurant. The proposed center is designed to accommodate 4 potential retail businesses to meet the needs of the community. The project is also consistent with the General Plan because the ARSP was found to be consistent with the General Plan at its adoption. 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 retail shopping center would not cause detrimental impacts to the existing surrounding community because the design of the parking lot layout and circulation was designed to allow multiple points of egress and ingress for both emergency and pedestrian vehicles. The proposed business will be compatible with the surrounding uses which also includes other retail commercial uses such as the Lake Elsinore Outlets. Furthermore, the project has also been conditioned as such to avoid any potential impacts associated with the proposed use. 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 and design have been analyzed and staff has determined that the site is compatible and adequate in size and shape to accommodate the proposed use and project design. The design meets all applicable sections of the ARSP and LEMC including the nonresidential development standards. As designed the project would not encroach Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56 PC Reso. No. 2025-02 Page 3 of 4 on any setback as prescribed by the ARSP or LEMC and sufficient landscaping has been provided throughout the site. Furthermore, the proposed use and design will complement the existing light industrial and commercial uses within the vicinity. 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. Further, the Engineering Division has reviewed the proposed project including its potential traffic impacts and have included conditions of approval to ensure safe on and offsite circulation is provided. 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 proposed project has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. Furthermore, the project site abuts existing developed commercial properties that are compatible with the proposed project including the Lake Elsinore Outlets and ARCO gas station with convenience store. 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 January 21, 2025 and appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare . Further, compliance with the conditions of approval will be reviewed during the plan check and inspection review process prior to commencing operations. Section 6: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Conditional Use Permit No. 2023-05. Section 7: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 21st day January, 2025. Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56 PC Reso. No. 2025-02 Page 4 of 4 John Gray Chair Attest: ___________________________________ Damaris Abraham Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2025-02 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held January 21, 2025 and that the same was adopted by the following vote: AYES: Commissioners Carroll, Devor, and Peters; Vice Chair Ross; and Chair Gray NOES: None ABSTAIN: None ABSENT: None Damaris Abraham Community Development Director Docusign Envelope ID: 28234EAF-0901-4C97-AB3A-6ECBD1285E56