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HomeMy WebLinkAboutItem No. 2C ITY OF LADE LSIIYORE DREAM EXTREME,. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 16, 2010 PROJECT: MODIFICATION TO CONDITIONAL USE PERMIT NO. 2007 -23, A REQUEST TO EXPAND THE CAR DRYING SERVICE AREA WITHIN THE EXISTING "RIO CAR WASH" ESTABLISHMENT LOCATED AT 31585 CANYON ESTATES DRIVE. APPLICANT /OWNER: NASH DAMMAN, RIO CAR WASH 31585 CANYON ESTATES DRIVE LAKE ELSINORE, CA 92530 Proiect Request The applicant and owner Mr. Nash Damman is requesting approval to modify existing Conditional Use Permit No. 2007 -23; in regards to the expansion of the car drying service area within the existing "Rio Car Wash." Review and analysis is pursuant to guidelines contained within the Canyon Creek "Summerh/IP" Specific Plan, Chapter 17.112 (Non - Residential Development Standards), and Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code. Project Location The project site is located at 31585 Canyon Estates Drive, within the Canyon Creek "Summerhill" Specific Plan also known as Assessor Parcel No. 363- 670 -003. Project Background On August 19, 2003, the Planning Commission and City Council approved both the construction and establishment of the existing automated car wash as well as the adjacent gas station and convenience store (Shell Station) located on the property. PC February 16, 2010 Item No. 2 Page 1 of 15 PLANNING COMMISSION STAFF REPORT MODIFICATION TO CONDITIONAL USE PERMIT NO. 2007-23 On January 15, 2008, the Planning Commission approved Conditional Use Permit No. 2007 -23, allowing the applicant to convert an existing, previously approved, self serve car wash use to a full serve car wash facility including Commercial Design Review No. 2007 -13, which is a request to add a vacuum tower and ancillary vacuum equipment to the existing car wash facility. On January 29, 2008, an appeal to the Planning Commission action was filed with the City Clerk's office. The need for an Environmental Impact Report as well as concerns over increased noise, traffic, and lack of employee facilities was cited as the reasons for the appeal. On February 26, 2008, the appeal was denied by the City Council and the approval of Conditional Use Permit 2007 -23 was upheld. It should also be noted that planning staff has verified that all previous permit compliance issues related to vehicle stacking and queuing within the onsite vacuum area have all been addressed in compliance with CUP 2007 -23 conditions of approval. Discussion The applicant is requesting approval to extend the existing car drying area by approximately thirty (30) feet to the west to allow for additional vehicle stacking while cars are being hand dried by employees (See attached site plan). The proposed enlargement of the car drying area will be delineated by a white solid or dashed striped line on the concrete drive aisle. The new "Car Drying" area would allow for vehicles to be parked in front of the three existing adjacent car detailing bays. All the vehicles will be moved by carwash employees as needed to allow for access and circulation within this area. The proposed expansion will not affect access or circulation on other portions of the project site. Environmental Determination The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, the Entitlement does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Entitlement were contemplated by the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program No. 00 -01. Therefore, no new CEQA documentation is necessary for the Entitlement. Recommendation It is recommended that the Planning Commission adopt Resolution No. 2010- to approve the Modification to Conditional Use Permit No. 2007 -23 based on the Findings, Exhibits, and proposed Conditions of Approval. PC February 16, 2010 Item No. 2 Page 2 of 15 PLANNING COMMISSION STAFF REPORT MODIFICATION TO CONDITIONAL USE PERMIT NO. 2007-23 Prepared By: Agustin Resendiz, IeTI:7-1 Associate Planner Approved By: Tom Weiner; an \'- Director of Community Development Attachments: 1. Vicinity Map 2. Conditional Use Permit No. 2007 -23 Resolution 3. Modification Conditions of Approval 4. Conditional Use Permit No. 2007 -23 Conditions Of Approval 5. Signed Draft Acknowledgment Of Conditions Of Approval 6. CEQA Notice of Exemption 7. Color Photos and Site Plan 8. Building Permit (Finals) reflecting modification to vacuum area PC February 16, 2010 Item No. 2 Page 3 of 15 VICINITY MAP MODIFICATION TO CONDITIONAL USE PERMIT NO. 2007 -23 LOCATED AT 31585 CANYON ESTATES DRIVE PC February 16, 2010 Item No. 2 Page 4 of 15 PLANNING COMMISSION RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE MODIFICATION TO CONDITIONAL USE PERMIT NO. 2007-23. WHEREAS, Nashat Damaan has initiated proceedings to request the approval to modify the existing Conditional Use Permit No. 2007 -23; in regards to the expansion of the car drying area within the existing, 'Rio Car Wash ". The site is located at 31585 Canyon Estates Drive within the Canyon Creek "SummerhiPl" Specific Plan Area, Assessor Parcel Number 363- 670 -003; 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, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program No. 00 -01 was previously approved by the City Council and said MND evaluated environmental impacts that would result from development of commercial properties within the Canyon Creek "SummerhilP' Specific Plan area which included the previously approved gas station, mini -mart, and car wash building; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, public notice of the Entitlement 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 February 16, 2010. PC February 16, 2010 Item No. 2 Page 5 of 15 PLANNING COMMISSION RESOLUTION NO. 2010- 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 modification to Conditional Use Permit No. 2007 -23 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 finds and determines that in accordance with CEQA Guidelines Section 15162, the Entitlement does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Entitlement were contemplated by the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program No. 00 -01. Therefore, no new CEQA documentation is necessary for the Entitlement. SECTION 3. That in accordance with State Planning and Zoning Law, the Canyon Creek "Summerhill" Specific Plan, and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of the modification to Conditional Use Permit 2007 -23: 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 the modification 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 Canyon Creek "SummerhilP" Specific Plan. 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 Project. 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 neighborhood or the City. PC February 16, 2010 Item No. 2 Page 6 of 15 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 3 OF 4 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 existing car wash was designed in consideration of the size and shape of the Project Site, thereby strengthening and enhancing the immediate commercial area. Further, the proposed modification to the existing Conditional Use Permit will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects, in that the facility design has been reviewed to ensure adequate provision of screening from the adjacent properties. 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 modification to the car wash use 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 adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, and emergency services vehicles. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed modification to Conditional Use Permit 2007 -23 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 Lake Elsinore Municipal Code Section 17.168 have been incorporated into the approval of the modification to 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 17.74.050, the modification to enlarge the existing "Car Drying Area" has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on February 16, 2010. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves the modification to Conditional Use Permit 2007 -23. PC February 16, 2010 Item No. 2 Page 7 of 15 PLANNING COMMISSION RESOLUTION NO. 2010- 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 on this 16 day of February 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner, Director of Community Development STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16 day of February 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: Tom Weiner, Director of Community Development PC February 16, 2010 Item No. 2 Page 8 of 15 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL MODIFICATION TO CONDITIONAL USE PERMIT NO. 2007 -23, A REQUEST TO ENLARGE THE CAR DRYING SERVICE AREA WITHIN THE EXISTING, "RIO CAR WASH" ESTABLISHMENT LOCATED AT 31585 CANYON ESTATES DRIVE. PLANNING 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 Conditional Use Permit (Drive Through Lane) project attached hereto. 2. All of the original conditions applied to Conditional Use Permit 2007 -23, shall remain in effect as part of this Modification. 3. The layout and design of the expanded "Drying Area" shall conform to the approved site plan. 4. Prior to initiation of the modified 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 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. 6. 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. 7. The Conditional Use Permit granted herein shall run with the land, once said use is established, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. PC February 16, 2010 Item No. 2 Page 9 of 15 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007 -23 AND COMMERCIAL DESIGN REVIEW NO. 2007 -17 FOR THE ADDITION OF A VACUUM TOWER AND ANCILLARY EQUIPMENT RELATED TO AN EXISTING AUTOMATED CAR WASH BUILDING AND MODIFICATION TO THE USE AND OPERATION OF AN EXISTING AUTOMATED CARWASH FACILITY PLANNING 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 Conditional Use Permit (Drive Through Lane) project attached hereto. 2. If applicable, 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 (7 AM — 7 PM, Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) activity 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. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. Prior to issuance of any grading or building permits, 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 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 control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 6. The proposed location of onsite construction trailers shall be approved by the Director of Community Development or Designee. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and Planning Commission Approval January 15, 2008 PC February 16, 2010 Item No. 2 Page 10 of 15 restoration of the site to an acceptable state, subject to the approval of the Director of Community Development or designee. 7. The project shall provide a minimum of eight (8) vehicle stacking /queing area for the vehicle vacuum area. 8. The applicant shall comply with all applicable City codes and ordinances. 9. 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. 10.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. 11. The Conditional Use Permit granted herein shall run with the land, once said use is established, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 12.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 13. The car wash site shall maintain a minimum of thirteen (13) standard parking spaces at all times. 14. The vacuum tower and vacuum tubes shall be shifted forward towards the car wash tunnel entrance in order to allow proper vehicle queuing and alleviate obstruction to parking and circulation areas. 15. A four foot (4') wide decorative (stamped concrete) strip emanating from the "northwest" column of the existing trellis auto detailing area running perpendicular to the existing planter area along the entry driveway (see Figure 1 in staff report) shall be installed. This decorative strip will demarcate the limit line for the vehicle drying area. No vehicle drying, parking, or other type of servicing shall take place beyond this demarcation. 16. Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the operator. 17. The 3 foot retaining wall along the Summerhill Drive entrance shall be painted and stucco coated to match similar retaining walls throughout the gas station and car wash facility. 18.Exterior storage of any kind, including but not limited to, auto parts, Planning Commission Approval January 15, 2008 PC February 16, 2010 Item No. 2 Page 11 of 15 dismantled vehicles, and tires is prohibited. 19.Temporary storage containers on the property, including but not limited to shipping containers, are prohibited. 20. Parking areas shall be used for customer and employee parking only and shall be kept clear of any vehicle for sale, vehicle awaiting repair, rental vehicles, rental equipment, and any other type of machinery or equipment. 21.There shall be no exterior speakers, music, bells, whistles, buzzers or other similar audible devices used in conjunction with the operation at anytime. 22.The applicant shall maintain the property (including all landscaping, walls, lighting, buildings, and the parking lot) in good condition at all times. 23.Any violation to these conditions of approval shall be grounds for the revocation or modification of the Conditional Use Permit. COMMUNITY SERVICES DEPARTMENT 24. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 25. The Developer is to maintain all common landscaped areas. RIVERSIDE COUNTY FIRE DEPARTMENT 26.The applicant shall comply with all Riverside County Fire Departments requirements and standards. 27.An Encroachment Permit shall be obtained prior to any work on City right -of- way. 28. If applicable, the applicant shall pay development fees, including but not all inclusive: TUMF, MSHCP,TIF, Railroad Canyon Benefit District Fees, and area drainage fees. 29.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 30. 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 Planning Commission Approval January 15, 2008 PC February 16, 2010 Item No. 2 Page 12 of 15 rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 31. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 32. Applicant shall comply with all NPDES requirements in effect; including any existing Water Quality Management Plan (WQMP). 33. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 34. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas, driveway aisles, and carwash wastewater. 35.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. 36.The applicant shall pay the fair share cost of the future driveway improvements on Canyon Estates Drive (across Boulder Vista Drive). The driveway improvements include a right in /out only access and related signing and striping. 37.0n -site traffic signing and striping of this project shall be provided as approved by the City. Planning Commission Approval PC February 16, 2010 Item No. 2 January 15, 2008 Page 13 of 15 CITY OF LADE LLSIHOKE � ` DREAM EXTREME ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Modification to Conditional Use Permit no. 2007 -23, a request to modify the car drying service area within the existing, "Rio Car Wash" establishment located at 31585 canyon estates drive. 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. 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. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (15) day from the d ate of the decision, unless an appeal has the City of Lake Elsinore n 17.80 of the Lake Elsinore uni wed with the City Cio to the provisions of Code (LEMC). . e Date: T(0- f 0 Applicant's Print Name: Address: Phone Number: (2 J �) i✓ J PC February 16, 2010 Item No. 2 Page 14 of 15 CITY OF ,/�� LADE 09 LSIHOR, � DREAM EXTREME, Notice of Exemption Filed With: ❑ Office of Planning and Research 0 County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Modification to Conditional Use Permit No. 2007 -23, for the extension of the "Car Drying Area" for the existing "Rio Car Wash" establishment.. Project Location (Specific): The project site is located at 31585 Canyon Estates Drive, also known as (APN: 363- 670 -003), Canyon Creek Specific Plan. Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature. Purpose, and Beneficiaries of Project: Modification to Conditional Use Permit No. 2007 -23, for the extension of the "Car Drying Area' for the existing "Rio Car Wash" establishment." Furthermore, the proposed project is zoned as (C -1) Neighborhood Commercial and it has a General Plan Designation of (SP) Canyon Creek "Summerhill" Specific Plan. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person /Agency Administrating Project: Agustin Resendiz, Associate Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) ID Categorical Exemption (state type and section number): The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, the Entitlement does not present a substantial change or new information that would require further CEQA analysis. Section 15301(a), Existing Facilities Reasons why project is exempt: The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, the Entitlement does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Entitlement were contemplated by the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program No. 00 -01. Therefore, no new CEQA documentation is necessary for the Entitlement. Contact Person: Agustin Resendiz, Associate Planner Signed: Tom Weiner Telephone Number: (951) 674 -3124 Title: Director of Community Development PC February 16, 2010 Item No. 2 Page 15 of 15