HomeMy WebLinkAboutReso 2025-16 - CUP 2024-07 - PA 2021-34 - Dutch Bros Evergreen
RESOLUTION NO. 2025-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING AMENDMENT TO CONDITIONAL USE
PERMIT NO. 2021-12 (CUP 2024-07) TO MODIFY THE PREVIOUSLY APPROVED
DRIVE-THROUGH OPERATION FOR DUTCH BROS COFFEE SHOP LOCATED
ON LOT 5 OF TENTATIVE PARCEL MAP NO. 38281 WITHIN THE EVERGREEN
COMMERCIAL DEVELOPMENT (A PORTION OF APN 377-020-014)
Whereas, Brianna Uy, Barghausen Consulting Engineers, Inc., has filed an application
with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2021-34
which includes Commercial Design Review (CDR No. 2024-05) to develop and operate a 980
square-foot drive-through Dutch Bros Coffee Shop with a 340 sq. ft. outdoor dining area and
amendment to Conditional Use Permit No. 2021-12 (CUP No. 2024-07) to modify the previously
approved drive-through operation;
Whereas, the project site is located south of Central Avenue/State Route 74 (SR-74) and
east of Cambern Avenue, which is within the retail center known as Evergreen Commercial
Development that is currently under construction. The entire Evergreen Commercial Development
is approximately 8.86-acres. The proposed Dutch Bros Coffee Shop will be located on an
approximately 1.13-acre lot (Lot 5 of TPM 38281) which is a portion of Assessor Parcel Number
377-020-014;
Whereas, on April 25, 2023, the City Council approved Planning Application No. 2021-34
to establish an approximately 57,000 sq. ft. new commercial center known as Evergreen
Commercial Development. The project’s approval included CDR No. 2021-17 to construct five (5)
new commercial buildings, CUP No. 2021-09 to allow a 4,116 sq. ft. car wash and 25 self-service
vacuum stations, CUP No. 2021-10 to allow a 3,000 sq. ft. quick-service restaurant with a drive-
through lane, Conditional Use Permit No. 2021-11 to establish a 4,088 sq. ft. convenience store,
fuel canopy with eight (8) pumps with concurrent sale of beer and wine for off-site consumption,
and CUP No. 2021-12 to allow a 3,000 sq. ft. quick-service restaurant with a drive-through lane;
Whereas, Conditional Use Permit (CUP) No. 2024-07 proposes to modify the previously
approved CUP No. 2021-12 to reduce the drive-through size from 3,000 sq. ft. to 980 sq. ft., allow
a 340 sq. ft. outdoor dining area, and expand the drive-through queue capacity from eight vehicles
to 19 vehicles;
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, Section 17.415.070 of the 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
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approval procedure, including the 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 June 17, 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: That in accordance with the MSHCP, the Commission makes the following
findings for MSHCP consistency:
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. Section 6.1.2 of the MSHCP requires the assessment of a proposed project’s potential
impacts to riparian/riverine or vernal pool resources, and those species that depend on
such resources. Drainage 1, which traverses the eastern portion of the project site, meets
the criteria for riparian/riverine, as defined in the MSHCP. Phase 2 of the proposed project
would result in the permanent removal of Drainage 1, and approximately 0.52 acre (469
linear feet) of riparian/riverine area, including 0.09 acres of native riparian/riverine
vegetation (scale broom scrub). The portion of Drainage 1 that traverses the project site
comprises earthen bed and banks that exhibit natural hydrology and support native
vegetation that provide marginal foraging and breeding habitat for wildlife; however, this
resource is isolated and is no longer capable of functioning as contiguous habitat.
Vegetation both upstream and downstream of the project site consists almost exclusively
of ornamental vegetation (e.g., river red gum). While this vegetation may support nesting
birds, it provides little value as habitat for most indigenous wildlife, including those
considered special status or otherwise sensitive species. Incorporation of Mitigation
Measure BIO-1 (either from the Riverpark Mitigation Bank or Barry Jones Wetland
Mitigation Bank; applicable only during Phase 2 of the proposed Project), the payment of
development fees, and the implementation of appropriate Best Management Practices
outlined in MSHCP Appendix C (Dudek 2003) would ensure that the Project is consistent
with the provisions of the MSHCPAs 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.
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5. The project has been conditioned to pay any applicable MSHCP Local Development
Mitigation fees.
Section 3: 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 4: The Commission finds that no new environmental documentation is necessary
because all potentially significant effects have been adequately analyzed in an earlier adopted
Mitigated Negative Declaration (MND) (SCH # 2022090133). All potentially significant impacts
have been avoided or mitigated pursuant to the earlier MD and none of the conditions described
in Sectio 15162 exist. MND (SCH # 2022090133) was adopted in 2023 for the master Evergreen
Commercial Development. No substantial changes that require major revisions to the MD exist
and no new information of substantial importance that require revisions to the earlier MND exist.
Section 5: That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding CUP No. 2024-07:
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 Business 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 a one-story 980 sq. ft.
Dutch Bros drive-through coffee shop with a 0.02 FAR. The new business will support the
Business District in that it would progress Goal No. 1 of the Business District, “to
encourage its position as the industrial and commercial hub of the city” by providing an
additional commercial amenity in the district. Therefore, the Project is consistent with the
General Plan.
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 drive-through restaurant 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 Walmart Shopping Center and the
Costco Shopping Center. 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.
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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 LEMC including the
nonresidential development standards. As designed the project would not encroach on
any setback as prescribed by the LEMC and sufficient landscaping has been provided
throughout the site. Furthermore, the proposed use and design will complement the
existing 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 Costco, Walmart, Taco Bell, and other retail and restaurant
uses.
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 June 17, 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. 2024-07.
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 17th day June, 2025.
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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. 2025-16 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held June 17, 2025, and that the same was
adopted by the following vote:
AYES: Commissioners Devor and Pease; Vice Chair Carroll; and Chair Gray
NOES: None
ABSTAIN: Commissioner Peters
ABSENT: None
Damaris Abraham
Community Development Director
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