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HomeMy WebLinkAboutPC Reso No 2013-75RESOLUTION NO. 2013 -75 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2013 -10, A REQUEST FOR THE APPROVAL OF AN 18'x60' ROOF OVER THE EXISTING CARWASH TUNNEL AT THE CANYON HILLS CHEVRON GAS STATION LOCATED AT 25361 RAILROAD CANYON ROAD. WHEREAS, Raman Goyal ( "Developer "), filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2013 -10 ( "Project "), and WHEREAS, the Developer proposes the Project on property located on a 1.55 - acre site at 25361 Railroad Canyon Road, also known as Assessor's Parcel No.'s 363- 210 -022 ( "Site "); and WHEREAS, the Developer proposes an 18 foot x 60 foot roof over the existing carwash tunnel at the Canyon Hills Chevron Gas Station 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, on November 5, 2013, 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 Commercial Design Review prior to making a decision to recommend approval of the proposed application. The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.184 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") pursuant to the Section 15301 (Class 1) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the Project consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities or mechanical equipment. 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 the approval of Commercial Design Review 2013 -10: PLANNING COMMISSION RESOLUTION NO. 2013 -75 PAGE 2OF4 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 Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. 2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the roof over the existing carwash tunnel has been designed in consideration of the size and shape of the property and the architectural design of the existing structures. Sufficient setbacks and enhanced onsite landscaping have been provided within the existing gas station project site; thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects through the use of architectural design that is similar to the existing nearby commercial developments. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to the 15301 (Class 1) (Existing Facilities) categorical exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the project blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Section 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the 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 5, 2013. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby recommends that the City Council approve Commercial Design Review No 2013 -10. PLANNING COMMISSION RESOLUTION NO. 2013 -75 PAGE 3OF4 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 5t" day of November 2013. A � / Mic el 'Neal, ting Chairman Cit of L snore ATTEST: Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -75 PAGE 4OF4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -75, as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 5t" day of November 2013, and that the same was adopted by the following vote: AYES: ACTING CHAIRMAN O'NEAL, COMMISSIONER JORDAN, COMMISSIONER MORSCH NOES: NONE ABSENT: CHAIRMAN BLAKE, VICE CHAIRMAN GRAY ABSTAIN: NONE Richard J. cHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013-10 GENERAL 1. The proposed project (Commercial Design Review No. 2013 -10) consists of an 18'x 60' roof over the existing carwash tunnel at the Canyon Hills Market Place Chevron Gas Station located at 25361 Railroad Canyon Road. 2. 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. 3. Design Review approval for the Commercial Design Review No. 2013 -10 will lapse and be void unless a building permit is issued within two (2) years of the approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review approval. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 4. 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 17.80 of the Lake Elsinore Municipal Code. PLANNING DIVISION 5. Within 30 days of project approval, 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. 6. The applicant shall submit a check in the amount of $50.00 made payable to "County of Riverside" for filing of a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval 7. All conditions of approval shall be reproduced upon Page One of building plans submitted to the Building and Safety Division for Plan Check. All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 8. All site improvements shall be constructed as indicated on the submitted plans. The applicant shall meet all required development standards as indicated by the Commercial Design Guidelines and the Lake Elsinore Municipal Code (LEMC). Any revisions to the approved site plan or building elevations shall be subject to the review of the Planning Commission Approved Page 1 of 3 November 5, 2013 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013 -10 Community Development Director or his designee to determine that said revisions are in substantial conformance to the approved site plan and building elevations. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by the conditions of approval. 9. All materials and colors depicted on the plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee. 10. The Applicant shall comply with all applicable City codes and ordinances. 11.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 restoration of the site to a state acceptable to and approved by the Community Development Director or his designee. 12.The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 8:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 13.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so as to be invisible from neighboring property or public streets. 14.The Applicant shall satisfy all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 15. 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 and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. BUILDING DEPARTMENT PRIOR TO BUILDING PERMITS 16. All construction plans must be in accordance with the 2010 building codes and ADA requirements. However, if the building permits are not obtained prior to January 1, 2014. The plans must be resubmitted to meet the 2013 Building Codes. 17. Prior to issuance of building permits, the applicant shall pay all appropriate fees. Planning Commission Approved Page 2 of 3 November 5, 2013 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013-10 ENGINEERING DIVISION 18. In accordance with the City's Franchise Agreement for waste disposal & recycling, the developer 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. 19. Runoff from project hardscape areas, roof and roof drains shall be treated prior to discharge into the storm drain system. Planning Commission Approved Page 3 of 3 November 5, 2013