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HomeMy WebLinkAboutReso 2025-17 - CDR 2024-05- PA 2021-34 - Dutch Bros EvergreenRESOLUTION NO. 2025-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2024-05 FOR THE CONSTRUCTION OF A NEW 980 SQ. FT. DRIVE-THROUGH DUTCH BROS COFFEE SHOP LOCATED ON LOT 5 OF TENTATIVE PARCEL MAP NO. 38281 WITHIN THE EVERGREEN COMMERCIAL DEVELOPMENT (A PORTION 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, 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, pursuant to Section 17.415.060 (Minor Design Review), Section 17.410.070 (Approving Authority), and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated the responsibility of reviewing and approving, conditionally approving, or denying this minor design review application; 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. Docusign Envelope ID: C3B5B072-E097-4AB6-9179-E835EAFF68B4 PC Reso. No. 2025-17 Page 2 of 4 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the project and its consistency with the MSHCP prior to adopting Findings of Consistency with the MSHCP. 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. 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. Docusign Envelope ID: C3B5B072-E097-4AB6-9179-E835EAFF68B4 PC Reso. No. 2025-17 Page 3 of 4 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 Section 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 Section 17.415.050.G of the LEMC, the Commission makes the following findings regarding Commercial Design Review No. 2024-05: 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 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 c onsistent with the General Plan. Therefore, the project is consistent with the General Plan. The current zoning designation of the subject site is General Commercial (C-2), the intent of the C-2 district is to provide appropriate locations consist with the General Plan to accommodate a full range of retail stores, offices, personal and business service establishments offering commodities and services scaled to meet the needs of the residents of the entire city. The proposed project is a new drive-through establishment situated in one of the city’s major commercial hubs and therefore, the project is consistent with the C-2 zoning district. 2. The Project complies with the design directives contained in the LEMC and all applicable provisions of the LEMC. The project is appropriate to the site and surrounding developments. The architectural design of the proposed buildings conforms to the Nonresidential Development Standards (Chapter 17.112) of the LEMC. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets. 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. Docusign Envelope ID: C3B5B072-E097-4AB6-9179-E835EAFF68B4 PC Reso. No. 2025-17 Page 4 of 4 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 June 17, 2025. The project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. 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 Commercial Design Review No. 2024-05. Section 7: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 17th day of June, 2025. 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. 2025-17 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 Docusign Envelope ID: C3B5B072-E097-4AB6-9179-E835EAFF68B4