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HomeMy WebLinkAboutCC Reso No 2011-057 City Council ResoRESOLUTION NO. 2011- 057 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING COMMERCIAL DESIGN REVIEW NO. 2011- 05, FOR THE MODIFICATION OF THE BUILDING ARCHITECTURE AND SITE IMPROVEMENTS FOR THE MCDONALD'S DRIVE -THRU RESTAURANT LOCATED AT 31650 MISSION TRAIL WHEREAS, Bickel Underwood Architects (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2011 -05 ( "the Design "), in conjunction with Conditional Use Permit No. 2011 -05 (the "CUP "), which are collectively referred to herein as the "Project"; and WHEREAS, the Developer proposes the Project on property located at 31650 Mission Trail, at the northeast corner of Diamond Drive and Mission Trail, and known as Assessor's Parcel No. 363- 130 -044 (the "Site "); and WHEREAS, the Developer proposes to update the building architecture, drive - thru lane, parking lot and landscaping of the existing McDonald's restaurant at the identified location; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions pertaining to Design Review of commercial projects; and WHEREAS, notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on September 27. 2011. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Commercial Design Review No. 2011 -05 for the McDonald's drive -thru restaurant prior to approving. The City Council finds and determines that the Commercial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The California Legislature has determined that certain classes of projects do not have a significant effect on the environment and are therefore exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines "). A Class 3 exemption exists for: "Construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use CITY COUNCIL RESOLUTION NO. 2011- 057 PAGE 2 OF 4 to another where only minor modifications are made in the exterior of the structure." The proposed update the building architecture, drive -thru lane, parking lot and landscaping and associated improvements qualify for a Class 3 exemption because they involve the construction of limited numbers of new, small facilities or structures and the installation of small new equipment and facilities. None of the exceptions to the categorical exemptions set forth in CEQA Guidelines section 15300.2 applies here. The facilities will not result in damage to scenic resources, including trees (except those dead or dying), and is not located on any site compiled pursuant to Government Code section 65962.5 (hazardous and toxic waste sites). Therefore, the City Council hereby finds and determines that the Project is exempt from CEQA and the CEQA Guidelines. SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2011 -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 proposed Commercial Design Review located at 31650 Mission Trail complies with the goals and objectives of the General Plan, in that the approval of this modification of the existing McDonald's drive -thru restaurant will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at 31650 Mission Trail is appropriate to the site and surrounding developments in that the proposed modification of the existing McDonald's drive -thru restaurant has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in the area, in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. CITY COUNCIL RESOLUTION NO. 2011- 057 PAGE 3OF4 Pursuant to State CEQA Guidelines, the project qualifies as a Class 3 categorical exemption. Accordingly, staff believes the proposed applications implement the land use objectives and requirements of the General Plan and Zoning District and finds that further environmental evaluation is therefore, unnecessary. 4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Zoning Code, 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 Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the City Council on September 27, 2011. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the City Council hereby approves Commercial Design Review No. 2011 -05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED thj5-�7th gaypf September, 2011. `BERT MAGEE ,YOR PRO TEM ATTEST: APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -057 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 27th day of September 2011, and that the same was adopted by the following vote: AYES: Council Members Tisdale, Melendez, Weber and Mayor Pro Tern Magee NOES: None ABSENT: Council Member Hickman ABSTAIN: None Virginia . Bloom City Cler