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HomeMy WebLinkAboutCC Reso No 2012-056 City Council ResoRESOLUTION NO. 2012 -056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2012 -06, FOR THE ESTABLISHMENT AND OPERATION OF AN 8,320 SQUARE FOOT FAMILY DOLLAR RETAIL STORE ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND WALNUT DRIVE (APN: 379 - 222 -001, -002, - 003, AND -008) WHEREAS, Greenberg Farrow Architects (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2012 -06 ( "the Project "), and WHEREAS, the Developer proposes the Project on property located at the northwest corner of Riverside and Walnut Drives, and known as Assessor's Parcel No.'s 379 - 222 -001, -002, -003, and -008 (the "Site "); and WHEREAS, the Developer proposes to establish and operate an 8,320 square foot Family Dollar retail store at the identified location; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making decisions pertaining to Design Review of commercial projects; and WHEREAS, on November 20, 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; and made its recommendation in favor of Commercial Design Review No. 2012 -06 by adopting Planning Commission Resolution No. 2012 -37 recommending to the City Council approval of Commercial Design Review No. 2012 -06; and WHEREAS, on December 11, 2012 at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Commercial Design Review No. 2012 -06 for the establishment and operation of an 8,320 square foot Family Dollar retail store prior to recommending approval to the City Council. The City Council 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 CITY COUNCIL RESOLUTION NO. 2012- 056 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 "). Specifically, the City Council finds that the Project qualifies as a categorical exemption for in -fill development as follows: 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. Therefore, the City Council 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 City Council makes the following findings for the approval of Commercial Design Review No. 2012 -06: 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 the northwest corner of Riverside and Walnut Drives complies with the goals and objectives of the General Plan, in that the approval of this establishment and operation of an 8,320 square foot Family Dollar retail store 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 the northwest corner of Riverside and Walnut Drives is appropriate to the site and surrounding developments in that the proposed establishment and operation of an 8,320 square foot Family Dollar retail store 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 CITY COUNCIL RESOLUTION NO. 2012- 056 PAGE 3 OF 4 quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in the area. 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 for a categorical exemption. Accordingly, the proposed application implements the land use objectives and requirements of the General Plan and Zoning District and further environmental evaluation is therefore, unnecessary. 4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal 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 was considered by the Planning Commission at a duly noticed public hearing on November 20, 2012 and considered for approval by the City Council at a duly noticed public hearing on December 11, 2012. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the City Council approves Commercial Design Review No. 2012 -06. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOIPJ7! 's 11th da of December, 2012. BRIAN V4&YALE MAYOR ATTEST: VIRGINIA BLOOff CITY CLERK APPROVED AS TOOFF�ORR/ BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012 -056 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 11th day of December 2012, and that the same was adopted by the following vote: AYES: Council Member Manos, Council Member Hickman, Council Member Tisdale, Mayor Pro Tern Johnson and Mayor Magee NOES: None ABSENT: None ABSTAIN: None V Virginia J Bloom, MC City Clerk