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HomeMy WebLinkAboutPC Reso No 2011-33RESOLUTION NO. 2011 -33 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PSYCHIC READING ESTABLISHMENTS AS A CONDITIONAL USE WITHIN THE NEIGHBORHOOD COMMERCIAL (C -1) ZONING DISTRICT AND APPROVING CONDITIONAL USE PERMIT NO. 2011 -07 WHEREAS, Rosie Marks, has initiated proceedings to request the approval of Conditional Use Permit No. 2011 -07 (the "CUP ") in order to establish and operate a Psychic Reading establishment within an existing building located at 31715 Mission Trail (the "Project'). The site has a zoning designation of C -1 Neighborhood Commercial within the East Lake Specific Plan and has a General Plan Land Use designation of East Lake Specific Plan; and WHEREAS, the underlying zoning district on the subject property is C -1 Neighborhood Commercial within the East Lake Specific Plan; and WHEREAS, Psychic Reading establishments are neither a permitted use nor conditionally permitted use in the C -1 Neighborhood Commercial within the East Lake Specific Plan; and WHEREAS, however, the Lake Elsinore Municipal Code authorizes the Planning Commission of the City of Lake Elsinore to find uses not listed as either a permitted or conditionally permitted use in a particular zoning district to be conditionally permitted if the Planning Commission finds that the use comports with the purpose of the zoning district and is similar in characteristic to other conditional uses in the zone; and WHEREAS, on September 6, 2011 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. 2011 -07 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. 2011 -07 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 PLANNING COMMISSION RESOLUTION NO. 2011- 33 PAGE 2 OF 4 for the operation of a Psychic Reading establishment within an existing building on a fully developed commercial building located at 31715 Mission Trail. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP No. 2011 -07: 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 and 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 an opportunity to review the use permit and recommend various conditions of approval as set forth in the conditions of approval attached to the staff report for this Conditional Use Permit. Conditions have been applied relating to the proposed use, 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 proposed Conditional Use Permit is for the operation of Psychic Reading within an established building located at 31715 Mission Trail. The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code and will compliment the existing uses, based on the submitted plans and attached conditions of approval. 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 operation of a Psychic Reading establishment within an existing commercial building located at 31715 Mission Trail, has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic PLANNING COMMISSION RESOLUTION NO. 2011 -33 PAGE 3OF4 generated. The City has analyzed the proposed parking for the site against Chapter 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and based on the submitted plans and the attached conditions of approval, has determined that the proposed use will meet all requirements of Chapter 17.168 of the LEMC. 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 thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168 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, the proposed Psychic Reading operation has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on September 6, 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. 2011 -07. 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 6 n day of September, 2011. Shelly Jordan, hairperson City of Lake Elsinore ATTEST: PLANNING COMMISSION RESOLUTION NO. 2011- 33 PAGE 4 OF 4 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 -33 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th 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 Bob Brady' City Manager CITY OF LAKE ELSINORE REVISED CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE OPERATION OF ESTABLISHMENT PERMIT NO. 2011 -07: PSYCHIC READING 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 attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 201 -01 located at 31715 Mission Trail; also known as (APN: 363- 150 -001). 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 projects approval. 3. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.192 of the Lake Elsinore Municipal Code. 4. Prior to commencement of the proposed use, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 5. The Applicant is to meet all applicable City Codes and Ordinances. 6. 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 prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 7. 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. 8. 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. Planning Commission Approved September 6, 2011 9. An application for modification, expansion or other change in a conditional use permit shall be reviewed according to the provisions of the Lake Elsinore Municipal Code, Title 17 in a similar manner as a new application. 10. A business license shall be obtained and prior to a certificate of occupancy of the proposed Psychic Reading establishment. 11. The landscaping along the public right of way shall be re- established and the irrigation system must be in a working condition 12. The one tree in front of the building shall be removed and replaced by a minimum of a 15- gallon non - deciduous umbrella -form tree for each 30 lineal feet of street frontage. 13. The chain link fence at the south side of the property shall be repaired. 14. There shall be no loitering in or around the business. 15. Business hours shall be Monday thru Sunday from 10:00 a.m. to 8:00 p.m, as indicated on the staff report. In the event the applicant operator proposes to modify the hours of operation, the modification shall be subject to the review of the Community Development Director. The Community Development Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial. 16. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this conditional use permit may be referred back to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional use permit. 17. The Psychic Reading business shall operate in compliance with all applicable laws associated with this use. 18. The applicant shall comply with all conditions of approval prior to commencement of the proposed use. BUILDING AND SAFETY DIVISION 19. Any and all existing or proposed floor plan changes within the Psychic Reading establishment shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. Planning Commission Approved September 6, 2011 RIVERSIDE COUNTY SHERIFF DEPARTMENT 20. The applicant/operator shall comply with all requirements of the Riverside County Sheriff Department. RIVERSIDE COUNTY FIRE DEPARTMENT 21. The applicant/operator shall comply with all requirements of the Riverside County Fire Department. Planning Commission Approved September 6, 2011