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HomeMy WebLinkAboutItem No. 4CITY OF LADE L LSMOR E DREAM EXTREME- REPORT TO THE PLANNING COMMISSION TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER DATE: SEPTEMBER 6, 2011 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2011 -05 AND CONDITIONAL USE PERMIT NO. 2011 -05 — A REQUEST TO MODIFY /UPDATE THE BUILDING ARCHITECTURE AND SITE DESIGN OF THE EXISTING MCDONALD'S DRIVE -THRU RESTAURANT LOCATED AT 31650 MISSION TRAIL (APN: 363 - 130 -044) APPLICANT: BICKEL UNDERWOOD, 3600 BIRCH STREET, SUITE 120, NEWPORT BEACH, CA 92660 OWNER: MCDONALD'S, USA, LLC., 3800 KILROY AIRPORT WAY, SUITE 200, LONG BEACH, CA 90806 Project Request/Location The applicant is requesting approval of a Conditional Use Permit and Commercial Design Review to upgrade the building architecture and site design of the existing McDonald's drive thru restaurant located at 31650 Mission Trail Number (APN: 363- 130 -044). Review is pursuant to Chapter 17.112 (Non - Residential Development Standards), Chapter 17.148 (Parking Requirements), Chapter 17.148.060 (Drive Thru Establishments), Chapter 17.168 (Conditional Use Permit) and Chapter 17.184 (Design Review) of the Lake Elsinore General Plan. Environmental Setting PC September 6, 2011 Item No.4 Page 1 of 23 EXISTING LAND USE ZONING GENERAL PLAN Project Site Existing Building General Commercial (C -2), General Commercial (GC) North Existing Building Neighborhood Commercial (C -1) General Commercial (GC South Existing Building East Lake S ecific Plan (ELSP ) Specific Plan (SP East Existing Building General Commercial C -2) General Commercial (GC) West Existing Building General Commercial (C -2) General Commercial (GC) PC September 6, 2011 Item No.4 Page 1 of 23 Planning Commission Staff Report CDR No. 2011 -05 and CUP No. 2011 -05 September 6, 2011 Project Description The applicant proposes to cosmetically update the building, drive thru lane, parking lot and landscaping of the existing McDonald's restaurant as part of a new nationwide re- branding effort by the company. To date, McDonald's has updated approximately twenty five (25) of its existing 800 restaurants in the Southern California region. • Conditional Use Permit No. 2011 -05 The applicant is requesting the approval of a Conditional Use Permit to allow for the modification of the existing drive thru lane and outdoor seating area. The outdoor seating area will be shifted and expanded to the east end of the building to accommodate the increase of 780 square feet in building square footage. The modification of the drive thru lane will include the addition of a dual ordering menu design to increase the efficiency of the drive thru operation. The proposed drive thru restaurant is anticipated to operate as a 24 -hour establishment. The facility will accommodate approximately twenty five (25) employees overall, with twelve (12) employees operating the largest shift. The drive thru portion of the restaurant will generate approximately sixty percent (60 %) of traffic, with the remaining forty percent (40 %) being generated by the dining room area. Parking for the proposed drive thru restaurant was analyzed accordingly. Finally, the stacking distance for the drive thru lane will accommodate eight (8) car lengths. • Commercial Design Review No 2011 -05 Site Plan The applicant is proposing to update the parking lot and landscaping of the existing site. The parking lot will include new asphalt and stripping as well as modification to the drive thru entry area. New landscaping fingers and diamond tree wells will be added to the parking lot as well. In addition, the applicant is proposing new landscaping at the northeast and northwest corners of the building. A total of 2,882 square feet of new landscaping will be added to the existing site. Architectural Design The applicant is proposing to update the rectangular shaped building with a more modern architectural style as part of the new corporate image. The total land area is 46,968 square feet or 1.08 acres, and the building is proposed as 5,218 square feet. The original building square footage was 4,438 square feet. The increase of 780 square feet is to add customer seating area at the east end of the building. The building will occupy approximately eleven percent (11 %) of the total site area which complies with the City of Lake Elsinore's General Plan which allows a maximum of .40 Floor Area Ratio (FAR). PC September 6, 2011 Item No.4 Page 2 of 23 Planning Commission Staff Report CDR No. 2011 -05 and CUP No. 2011 -05 September 6, 2011 The building will incorporate a pop -out tower entry element for visual relief and shadowing along the north face of the building, highlighting the restaurant entrance. The pop -out tower, as well as end cap elements of the building will incorporate a decorative tile ( "EuroWest Tile "). The tile is also proposed as an accent treatment at the pick -up window. The building will include metal trellis features, and decorative awnings over selected windows and at the drive thru pick -up window, adding architectural interest and detail. Finally, the roof line includes a decorative metal parapet, providing articulation and variation to the roof line. • Colors and Materials Finish materials for the building exterior include color treatments as well as tile, metal canopies and aluminum trellis to create visual interest. The proposed building will incorporate pop out elements, tile accents, color bands and a metal coping roof. The maximum building height is approximately 22 -feet, which will be compatible to adjacent commercial buildings. Building Location Material Building Walls Cement Plaster Arcade /Accent Treatment Tile Building Band Aluminum Window Awning Metal Coping Metal Analysis Color Huntington Beige /Mink EuroWest: Walnut Stroke Aluminum Trellis Yellow Metal The proposed McDonald's drive thru restaurant has been found in conformance with all applicable development standards of the Lake Elsinore Municipal Code. In addition, the project has been designed with enhanced architectural characteristics such as raised parapets, varying color treatments and materials, and wall breaks to create interesting building elevations. Staff feels that the proposed project will compliment the existing and proposed development in the surrounding area. Environmental Determination Pursuant to the California Environmental Quality Act (CEQA), Section 15303 (New Construction or Conversion of Small Structures), staff has determined that the proposed project will not have a significant effect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary. PC September 6, 2011 Item No.4 Page 3 of 23 Planning Commission Staff Report CDR No. 2011 -05 and CUP No. 2011 -05 September 6, 2011 Recommendation It is recommended that the Planning Commission adopt Resolution No. 2011 - recommending to the City Council approval to adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP), Resolution No. 2011 - recommending to the City Council approval of Commercial Design Review No. 2011 -05, and Resolution No. 2011 -_ approving Conditional Use Permit No. 2011 -05. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. PREPARED BY: Kirt A. Coury, Project Planner APPROVED BY: Warren Morelion, AICP4 Planning Manager Attachments 1. Vicinity Map 2. Resolution No. 2011 - recommending that the City Council make findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) 3. Resolution No. 2011 -_ recommending that the City Council approve Commercial Design Review No. 2011 -05 4. Resolution No. 2011 -_ approving Conditional Use Permit No. 2011 -05 5. Conditions of Approval 6. Signed Acknowledgement of Conditions Form 7. Exhibits: 'A': Full Size Plans with Color Building Elevations PC September 6, 2011 Item No.4 Page 4 of 23 VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2011 -05 AND CONDITIONAL USE PERMIT NO. 2011 -05 FOR McDONALD'S AT 31650 MISSION TRAIL PC September 6, 2011 Item No.4 Page 5 of 23 RESOLUTION NO. 2011- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS COMMERCIAL DESIGN REVIEW NO. 2011 -05 IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) 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, 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, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public 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. PC September 6, 2011 Item NoA Page 6 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - 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 Planning Commission has considered the proposed application and its consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within an MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and as such, the Project must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within an MSHCP Criteria Cell and therefore the Project was not reviewed through the LEAP or Joint Project Review processes. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No Riparian /Riverine habitat or Vernal Pools exist on the Site. The project site is completely built out and developed with an existing drive through restaurant. The Project is consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further Section 6.1.2 investigations or actions are necessary. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. There are no sensitive plant species or communities that exist on site. None are expected to occur as there is no suitable habitat on site. Furthermore, the Project is located outside of any Narrow Endemic Plant Species (NEPS) Survey Area. Therefore, no NEPS habitat assessment surveys are required. The Project is consistent with Section 6.1.3 of the MSHCP and no further action regarding this section of the MSHCP is required. PC September 6, 2011 Item No.4 Page 7 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 4 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. In addition, the project site is not located in an area that requires focused and additional surveys under Section 6.3.2 of the MSHCP. Therefore, no further actions are required. 6. The proposed project is consistent with the UrbanANildlands Interface Guidelines. The Property is located outside of any MSHCP Conservation Area or U. S. Fish and Wildlife Service proposed Additional Reserve Lands. The Project is consistent with Section 6.1.4 of the MSHCP and no further actions are required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. No further action regarding Section 6.3.1 of the MSHCP for vegetation mapping is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The project site is completely built out and developed with an existing McDonald's drive -thru restaurant. As such, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. Based upon the project location and findings, the proposed Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PC September 6, 2011 Item No.4 Page 8 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 6th day of September, 2011. Shelly Jordan, Chairperson City of Lake Elsinore Robert A. Brady City Manager 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 -_ 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: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC September 6, 2011 Item No.4 Page 9 of 23 RESOLUTION NO. 2011- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF 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 Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to Design Review of commercial projects; 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 the proposed request for Commercial Design Review No. 2011 -05 for the McDonald's drive -thru restaurant prior to recommending approval to the City Council. The Planning Commission 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.: "CEQX) and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: the "CEQA Guidelines "). A Class 3 exemption exists for: PC September 6, 2011 Item No.4 Page 10 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2 OF 4 "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 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. PC September 6, 2011 Item No.4 Page 11 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 4 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. 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 Planning Commission on September 6, 2011. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the Planning Commission hereby recommends that the City Council approve 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 this 6th day of September, 2011. Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC September 6, 2011 Item No.4 Page 12 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - 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 - 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: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC September 6, 2011 Item No.4 Page 13 of 23 RESOLUTION NO. 2011- 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 PC September 6, 2011 Item No.4 Page 14 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2OF4 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 PC September 6, 2011 Item No.4 Page 15 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 3 OF 4 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. PC September 6, 2011 Item No.4 Page 16 of 23 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 4 OF 4 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. Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Robert A. Brady City Manager 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 - as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6 day of September 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC September 6, 2011 Item No.4 Page 17 of 23 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. 11. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to Planning Commission PC September 6, 2011 Item No.4 Page 18 of 23 Conditions of Approval Page 2 of 5 Commercial Design Review No. 2011 -05 Conditional Use Permit No. 2011 -05 — McDonald's 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, reviewed and approved by the City's Landscape Architect Consultant and the Planning Commission Approved PC September 6, 2011 Item No.4 Page 19 of 23 Conditions of Approval Page 3 of 5 Commercial Design Review No. 2011 -05 Conditional Use Permit No. 2011 -05 — McDonald's 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. 26.The Conditions of Approval shall be reproduced on subsequent building plans prior to Planning Commission Approved PC September 6, 2011 Item No.4 Page 20 of 23 Conditions of Approval Page 4 of 5 Commercial Design Review No. 2011 -05 Conditional Use Permit No. 2011 -05 — McDonald's 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 storm drain system. Planning Commission Approved PC September 6, 2011 Item No.4 Page 21 of 23 Conditions of Approval Page 5 of 5 Commercial Design Review No. 2011 -05 Conditional Use Permit No. 2011 -05 — McDonald's 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 PC September 6, 2011 Item No.4 Page 22 of 23 CITY OF LAKE L LSIAORE �% DREAM EXrREMEn ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Commercial Design Review No. 2011 -05 and Conditional Use Permit No. 2011 -05: A request to modify /update the building architecture and site design of the existing McDonald's drive thru restaurant located at 31650 Mission Trial. I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore Date: Property Owner's Signature: Print Name: Address: Phone Number: Applicant's Signature: Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. PC September 6, 2011 Item No.4 Page 23 of 23