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HomeMy WebLinkAboutPC Reso No 2012-14RESOLUTION NO. 2012-14 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2011-10. WHEREAS, Specialty Scrap Inc. has initiated proceedings to request the approval of Conditional Use Permit No. 2011-10; for the establishment and operation of a recycling collection facility at 1315 W. Flint Street. The site is within the (M-1) Limited Manufacturing and has a General Plan Land Use designation of (LI) Limited Industrial referred to herein as the 'Project; 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 March 6, 2012 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 Permit No. 2011-10 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. 2011-10 is categorically exempt from the California Environmental Quality Act (Public Resources Code 21000 et seq.: "CEQX) and the Guidelines for Implementation of CEQA (14 California Code of Regulations 15000 et seq.: "CEQA Guidelines") pursuant to Section 15301 (Class 1) (a); (Existing Facilities) categorical exemption. 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 Conditional Use Permit No. 2011-10: 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. PLANNING COMMISSION RESOLUTION NO. 2012-14 PAGE 2OF4 Issuance of this Conditional Use Permit for a "Non-Ferrous Recycling Collection Facility" 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 the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this Conditional Use Permit for a "Non-Ferrous Recycling Collection Facility" 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 industrial development or the City. 3. The site for the intended accommodate the landscaping, buffers Municipal Code. use, and for all and other features use is adequate in size and shape to :he yards, setbacks, walls or fences, required by Title 17 of the Lake Elsinore The proposed Conditional Use Permit for a "Non-Ferrous Recycling Collection Facility"" located at 1315 W. Flint Street, within an existing 47,000 square foot Industrial Building 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 Conditional Use Permit for a "Non-Ferrous Recycling Collection Facility' located at 1315 W. Flint within an existing 47,000 square foot Industrial Building has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic 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 17.148 of the Lake Elsinore Municipal (LEMC). 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. PLANNING COMMISSION RESOLUTION NO. 2012-14 PAGE 3OF4 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 "Non- Ferrous Recycling Collection Facility" use has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on March 6, 2012. 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. 2011-10. 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 March 2012. r Shelly Jordan, iairperson City of Lake Elsinore AT 7--- Warren Morelion, AICP Planning Manager PLANNING COMMISSION RESOLUTION NO. 2012-14 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, WARREN MORELION, AICP, Planning Manager of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-14 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6m day of March 2012, and that the same was adopted by the following vote: AYES: CHAIRPERSON JORDAN, VICE CHAIRPERSON O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GONZALES, COMMISSIONER MORSCH NOES: NONE ABSENT: NONE ABSTAIN: NONE Warren Morelion, AICP Planning Manager CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO.2011-10, SPECIALTY SCRAP INC. REVISED BY PLANNING COMMISSION ON 3-6-2012 GENERAL 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. 2011-10; for a proposed Recycling Collection Facility located at 1315 W. Flint Street. PLANNING DIVISION 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 including all exterior sign permitting requirements. 6. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date of approval, unless prior to the one (1) year expiration the use has been initiated. 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. Planning Commission Approved March 6, 2012 8. The applicant must provide and obtain approval of directional, traffic, hours of operation, and business signs related to the proposed use by the Community Development Director or designee, prior to issuance of certificate of occupancy. 9. A business license shall be obtained and prior to obtaining a certificate of occupancy. 10. 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. 11. An application for modification, expansion or other change to the 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. 12. The noise level generated by this collection facility shall comply with the applicable noise levels as per Section 17.176.060 of the Lake Elsinore Municipal Code (LEMC), which indicates that a maximum permitted noise level within the industrial land use. 13. No outdoor storage of materials or equipment is permitted. The operation for the collection of the recyclable materials shall be limited to the interior area of the leased unit at all times. 14. There shall be no loitering in or around the business. 15. Business hours shall be Monday through Friday from 7:00 a.m. to 4:00 p.m.; Saturdays from 8:00 a.m. to 1:00 p.m.; and closed on Sundays. 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 recycling collection facility shall operate in compliance with all applicable laws associated with this use. 18. All drive aisles and loading areas shall be kept and maintained free and clear of Planning Commission Approved March 6, 2012 any materials/merchandise so as not to obstruct on-site circulation and deliveries. 19. The existing perimeter chain link fence must be repaired prior to obtaining a certificate of occupancy. 20. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system must be used to prevent excessive watering. 21. 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. 22. All planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36") and all of the dead landscaping trees and brush must be removed. 23. Any transformers and mechanical or electrical equipment shall be screened. 24. The planter areas adjacent to the building must be improved. 25. The applicant shall comply with all of the South Coast Air Quality Management District (SCAQMD), California Environmental Quality Act (CEQA), and the Environmental Protection Agency (EPA) operation and performance standards applicable. (Revised by the Planning Commission on 3-6-2012) 26. The applicant shall comply with all conditions of approval prior to commencement of the proposed use. BUILDING AND SAFETY DIVISION 27. All required ADA accessible features (parking, path of travel, and entrances) must be on an interconnected accessible route complying with Chapter 11B Section 1133B.1.1.1 of the 2010 California Building Code. 28. Additional interior changes may be required to bring the facilities into compliance with ADA standards. These items will be dependent on the scope of work proposed and reviewed at the time of submittal for building permits. 29. Obtain ADA compliance approval from City Building Division. Planning Commission Approved March 6. 2012 ENGINEERING DIVISION 30. Provide written documentation (SMARTS - Notice of Intent or No-Exposure Certification) to the City Engineering Division of compliance with Santa Ana Regional Water Quality Control Board Order No. R8-2012-0012 / NPDES Permit No. CAG 618001. The legally responsible party shall maintain permit compliance. 31. In accordance with the City's Franchise Agreement for waste disposal & recycling, CR&R shall be used for removal and disposal of all -generated waste material and recycling. Trash containers shall be kept covered. Contact Nicole Fields at the City of Lake Elsinore at (951) 674-3124 Ext. 245. Provide a copy of the agreement with CR&R for services to Nicole Fields. 32. Project site shall employ best management practices, to the maximum extent practical, to reduce or eliminate the potential for pollutants from the site. Best management practices shall include conducting all loading, unloading, storage, vehicle maintenance and handling of scrap materials under a roof. 33. A plan showing on-site drainage flow and proposed method(s) to treat runoff shall be provided for City review and approval. 34. An earthen berm shall be installed and maintained along the rear property fence adjacent to the outlet channel. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm Water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. RIVERSIDE COUNTY FIRE DEPARTMENT 35. With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognize fire protection standards. 36. Gate entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate. Any gate providing access from a road to a driveway shall Planning Commission Approved March 6, 2012 be located at least 35 feet from the roadway and shall open to allow vehicle to stop with out obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, 40 foot turning radius shall be used. 37. Gate (s) shall be automatic or manual operated, minimum 20 feet width, with a setback of 35 feet from face of curb/flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic/manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Current plan check deposit base fee is $126.00. PRIOR TO BUILDING INSPECTION 38. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 39. Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (Inches) to center above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 40. Comply with Title 19 of the California Administrative Code. RIVERSIDE COUNTY HEALTH DEPARTMENT 41. The applicant/operator shall comply with all requirements of the Riverside County Health Department. RIVERSIDE SHERIFF DEPARTMENT 42. The applicant/operator shall comply with all requirements of the Riverside County Sheriff Department. Planning Commission Approved March 6, 2012