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HomeMy WebLinkAboutCC Reso No 2013-066 City Council ResoRESOLUTION NO. 2013 -066 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING 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 applicant proposes the Project on property located at 25361 Railroad Canyon Road, also known as Assessor's Parcel No.'s 363- 210 -022 ( "Site "); and WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ( "LEMC ") the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for commercial design review applications; 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; and made its recommendation in favor of Commercial Design Review No. 2013 -10 by adopting Planning Commission Resolution No. 2013 -75 recommending to the City Council approval of Commercial Design Review No. 2013 -10; and WHEREAS, on December 10, 2013 at a duly noticed public hearing, the City Council has considered the recommendation of the Planning Commission as well as 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. 2013 -10 for a flat roof over the existing 18'x60 carwash tunnel at the Canyon Hills Market Place Chevron Gas Station located at 25361 Railroad Canyon Road. The City Council finds and determines that the Commercial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources City Council Resolution No. 2013 -066 Page 2 of 3 Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") pursuant to Section 15301 (Class 1) (Existing Facilities) categorical exemption. Specifically, the City Council finds that the Project consists of a minor alteration of an existing structure. 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. 2013 -10: 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. 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 Section 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 and pursuant to Section 17.184.090 of the LEMC the project was considered for approval by the City Council at a duly noticed public hearing on December 10, 2013. City Council Resolution No. 2013 -066 Page 3 of 3 SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the City Council hereby approves Commercial Design Review No. 2013 -10. SECTION 5, This Resolution shall take effect;.frorrt and after the date of its passage and adoption. I_1 Magee, M Virgini4 . Bloomj City Clerk APPROVED AS TO FORM: Z. Lebold, City Attorney CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013 -10 GENERAL The proposed project (Commercial Design Review No. 2013 -10) consists of an 18'x 60' roof over the existing carwash tunnel for 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 De be void unless a building permit is issued within Community Development Director may grant an prior to the expiration of the initial Design Rev extension and required fee shall be submitted a expiration date. ;ign Review No. 2013 -10 will lapse and :wo (2) years of the approval date. The extension of time for up to one (1) year ew approval. An application for a time minimum of one (1) month prior to the 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 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. 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 other revisions to the approved site plan or building elevations shall be subject to the review of the Planning Commission Approved November 5, 2013 Page 1 of 3 City Council December 10, 2013 Page 11 of 17 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 City Council November 5, 2013 December 10, 2013 Page 13 of 17 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. 2013 -066 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 10 day of December 2013, and that the same was adopted by the following vote: AYES: Council Member Manos, Mayor Pro Tern Johnson, Council Member Tisdale, Council Member Hickman, and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Virginia Bloon , City Clerk