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HomeMy WebLinkAboutPC Reso No 2010-040RESOLUTION NO. PC- 2010 -40 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010 -04 FOR THE ESTABLISHMENT AND OPERATION OF A 24 -HOUR VETERINARY CLINIC /HOSPITAL WITHIN A PORTION OF AN EXISTING BUILDING LOCATED AT 31577 CANYON ESTATES DRIVE SUITES 115 -130 WHEREAS, Sachin Trivedi of "SCVC II Inc. ", has initiated proceedings to request the approval of Conditional Use Permit No. 2010 -04 (the "CUP ") in order to establish and operate a veterinary clinic /hospital facility within a portion of an existing office /retail building located at 31577 Canyon Estates Drive (APN: 363 - 670 -009) (the "Project'). The site has a zoning designation of Canyon Creek "Summerhill" Specific Plan(C -1 /SP) Neighborhood Commercial; and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on August 3, 2010, at a duly noticed public hearing, the Planning Commission 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: SECTION 1. The Planning Commission has considered the proposed conditional use and Conditional Use Permit No. 2010 -04 prior to rendering its decision and finds that the requirements of Chapter 17.168 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2010 -04 is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") pursuant to Section 15301 (Class 1) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the CUP allows FJ for the operation of a veterinary clinic /hospital facility within an portion of an existing building on a fully developed site located at 31577 Canyon Estates Drive (APN: 363- 670 -009). PLANNING COMMISSION RESOLUTION NO. 2010-40 PAGE 2OF4 SECTION 3. That in accordance with State Planning and Zoning Law and the F1 Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP No. 2010 -04: 1. 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. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan, the Canyon Creek `Summerhill" Specific Plan and the planning districts in which the site is located. 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. All applicable City departments and agencies have been afforded an opportunity to review the use permit and recommend conditions of approval as set forth in the conditions of approval attached to the staff report for this CUP. Conditions have been applied relating to control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development and the City. 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 Title 17 of the Lake Elsinore Municipal Code. The fully developed existing office /retail building and associated onsite improvements have been designed in consideration of the size and shape of the property and can fully accommodate the proposed veterinary clinic/hospital use in accordance with all applicable Canyon Creek "Summerhill" Specific Plan and Municipal Code provisions. 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 veterinary clinic /hospital facility has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic and circulation generated. The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has determined that existing improvements are sufficient to adequately serve the proposed use. PLANNING COMMISSION RESOLUTION NO. 2010-40 PAGE 3OF4 (" 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The CUP has been thoroughly reviewed and conditioned by all applicable City departments and affected outside agencies thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168.050 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Lake Elsinore Municipal Code Section 17.168.050, the proposed veterinary clinic/hospital facility has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on August 3, 2010. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2010 -04. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 3rd day of August, 2010. ohn Gonzales, airm� City of Lake Elsinore ATTEST: � obert A. Brady ity Manager PLANNING COMMISSION RESOLUTION NO. 2010-40 PAGE 4OF4 FI STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010 -40 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of August 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN GONZALES, VICE - CHAIRMAN MENDOZA, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE. F ABSENT: NONE. ABSTAIN: NONE. Robert A. Brady City Manager CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2010 -04 24 -HOUR VETERINARY CLINIC /HOSPITAL I PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2010 -04 located at 31577 Canyon Estates Drive (APN: 363 - 670 -009). 2. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project approval. 3. Any violation or noncompliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit. 4. The Conditions of Approval for this project shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 5. The applicant shall sign an "Acknowledgement of Conditions" statement and submit it to the Planning Department prior to the issuance of any permit. 6. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. 7. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM and 5:00 PM, Monday through Saturday, and no construction activity shall occur on Sundays, or legal holidays. 8. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 9. The applicant shall comply with all applicable City codes and ordinances. CONDITIONAL USE PERMIT I I 10. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless Page 1 of 2 Approved by Planning Commission August 3, 2010 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2010-04 24 -HOUR VETERINARY CLINIC /HOSPITAL prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 11. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 12. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 13. Treatment of animals shall be restricted to dogs, cats, other small domesticated animals and birds. 14. The operation shall be conducted in a completely enclosed and sound controlled building in such as way as to produce no objectionable noises or odors outside its walls. 15. There shall be no boarding of animals other than as necessary for recuperation F � of patients. 16. The facility shall maintain direct access from the onsite parking area at all times. 17. The applicant shall comply with all California Department of Consumer Affairs, Veterinary Medical Board and Riverside County Health Department requirements and standards. RIVERSIDE COUNTY FIRE DEPARTMENT 18. The applicant shall comply with all Riverside County Fire Departments requirements and standards (see attached conditions of approval). Page 2 of 2 Approved by Planning Commission August 3, 2010