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HomeMy WebLinkAboutPC Reso No 2011-29RESOLUTION NO. 2011 -29 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2011 -05 FOR THE MODIFICATION OF THE EXISTING DRIVE -THRU LANE AND OUTDOOR DINING AREA IN CONJUNCTION WITH THE MCDONALD'S RESTAURANT LOCATED AT 31650 MISSION TRAIL WHEREAS, Bickel Underwood Architects (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2011- 05 (the "CUP "), in conjunction with Commercial Design Review No. 2011 -05 ( "the Design "), 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, Chapter 17.168 of the Lake Elsinore Municipal Code provides that certain uses have operational characteristics that, depending on 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 reviewing and approving, conditionally approving, or denying conditional use permits; and WHEREAS, notice of the Project has been given, and the Planning Commission 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 6, 2011. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2011 -05 for the modification of the McDonald's drive -thru restaurant and site improvements prior to making a decision and has found it acceptable. 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 PLANNING COMMISSION RESOLUTION NO. 2011 -29 PAGE 2OF5 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 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 Planning Commission 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 Planning Commission makes the following findings for the approval of Conditional Use Permit No. 2011 -05: 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. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, elated to the proposed Conditional Use Permit for the modification of a Mcdonald's drive -thru restaurant located 31650 Mission Trail. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district 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 the opportunity to review the Conditional Use Permit and their comments have PLANNING COMMISSION RESOLUTION NO. 2011 -29 PAGE 3OF5 been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the installation, design and maintenance, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or 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 this title. The proposed facility has been designed in consideration of the size and shape of the property and both existing and planned land uses in the vicinity. Adequate setbacks and screening have all been incorporated into the design of the facility to ensure that the proposed modification of the existing McDonald's drive -thru restaurant will not be incompatible with existing and planned surrounding land uses on adjacent properties. Moreover, the facility has been designed with improvements to enhance its aesthetics. 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. Conditions have been applied relating to the installation and maintenance of the facility and regulations of points of vehicular ingress and egress, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 5. In approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to LEMC 17.168.050 have been incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to the LEMC, the proposed McDonald's drive -thru restaurant has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on September 6, 2011. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the Planning Commission hereby approves Conditional Use Permit No. 2011 -05. PLANNING COMMISSION RESOLUTION NO. 2011 -29 PAGE 4OF5 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 6th day of September, 2011. 'v vU Shelly Jo dan, Chairperson City of Lake Elsinore ATTEST: PLANNING COMMISSION RESOLUTION NO. 2011 -29 PAGE 5 OF 5 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. 2011 -29 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6 th day of September 2011, and that the same was adopted by the following vote: AYES: CHAIRPERSON JORDAN, VICE CHAIRPERSON O'NEAL, COMMISSIONER GONZALES, COMMISSIONER MORSCH NOES: NONE ABSENT: COMMISSIONER MENDOZA ABSTAIN: NONE CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2011-05 AND CONDITIONAL USE PERMIT NO. 2011-05 FOR MCDONALD'S DRIVE THRU RESTAURANT LOCATED AT 31605 MISSION TRAIL 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 attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project attached hereto. 2. Commercial Design Review No. 2011 -05 and Conditional Use Permit No. 2011 -05 approval for a drive thru restaurant will lapse and be void unless building permits are issued within two (2) years.. 3. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 4. All site improvements shall be constructed as indicated on the approved building elevations and site plan for the drive thru restaurant. 5. Any revisions to approved site plan or building elevations shall be reviewed and approved by the Community Development Director or designee. 6. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 7. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right -of -way. The applicant shall obtain a street address prior to issuance of building permit. 8. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 9. The applicant shall comply with all applicable City Codes and Ordinances. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. Planning Commission Approved September 6, 2011 Conditions of Approval Page 2 of 5 Commercial Design Review No. 2011 -05 Conditional Use Permit No. 2011 -05 — McDonald's 11. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 12.The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 13.All mechanical and electrical equipment for the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permit. 14.All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. 15.All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 16.All building signage shall comply with the Sign Program submitted to the Planning Division. 17.All drive aisles and loading areas shall be kept and maintained free and clear of any materials /merchandise so as not to obstruct on -site circulation and deliveries. 18. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 19. Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 20. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 21. No exterior roof ladders shall be permitted. 22.All service and loading doors shall be painted to match the building. 23. On-site surface drainage shall not cross sidewalks. 24.Three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted, Planning Commission Approved September 6, 2011 Conditions of Approval Page 3 of 5 Commercial Design Review No. 2011 -05 Conditional Use Permit No. 2011 -05 — McDonald's reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. c) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. f) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. g) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. h) Final landscape plan must be consistent with approved site plan. i) Final landscape plans to include planting and irrigation details. 25. Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. Planning Commission Approved September 6, 2011 Conditions of Approval Page 4 of 5 Commercial Design Review No. 2011 -05 Conditional Use Permit No. 2011 -05 — McDonald's 26.The Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. 27.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 28. The applicant shall pay all appropriate City fees. Prior to Building Permits 29.Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 30. Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Environmental Health Department have been met. 31. Prior to issuance of building permits, the applicant shall pay all appropriate fees. 32.The 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 (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be installed prior to the issuance of a grading permit. Engineering Division 33.The applicant shall obtain an encroachment permit for any work performed in public right of way. 34. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85 -26) shall be paid prior to issuance of building permit. 35. Drainage shall be conveyed to the public right of way. 36.The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system or adjacent properties. 37. Install treatment method for site runoff to provide for treatment of runoff prior to entering Planning Commission Approved September 6, 2011 Conditions of Approval Page 5 of 5 Commercial Design Review No. 2011 -05 Conditional Use Permit No. 2011 -05 — McDonald's storm drain system. 38. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 39. Driveways shall be designated as right in and right out only. COMMUNITY SERVICES DEPARTMENT 40.The applicant shall ensure all screen walls are kept in good repair and graffiti free. Should it become necessary, the applicant authorizes city personnel to remove graffiti at its discretion. Planning Commission Approved September 6, 2011