Loading...
HomeMy WebLinkAboutPC Reso No 2009-02 n n II RESOLUTION NO. 2009-02 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-18 WHEREAS, Rodney A. Nielsen, submitted an application for a Conditional Use Permit (the "CUP") to establish a "Tackle and Bait" shop in conjunction with a convenience store as well as related on-site improvements located at 1604 W. Lakeshore Drive (APN'S: 375-350-008/039) (the "Project"); and WHEREAS, the lot identifiable as APN 375-350-039 has a split Zoning designation of Neighborhood Commercial (NC) and Recreation (R) and the lot identifiable as APN: 375-350-008 has a Zoning designation of Recreation (R). Both lots have a current General Plan Land Use designation of Future Specific Plan I (Lake Edge) and are within the Lakeshore Overlay District; 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 January 6, 2009 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. 2007-18 prior to rendering its decision and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2007-18 is categorically exempt from the California Environmental Quality Act (Public Resources Code 99 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations 99 15000 et seq.: "CEQA Guidelines") pursuant to Section 15301 (Class 1) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the CUP involves negligible or no expansion of an existing use because the CUP involves only minor modifications to the exterior and interior of the existing building as well as to the existing two (2) way driveway and parking lot. In addition to the minor on-site modifications, Conditional Use Permit No. 2007-18 is requested in order to establish a n n n PLANNING COMMISSION RESOLUTION NO. 2009-02 PAGE 2 OF 4 "Tackle and Bait" shop in conjunction with a convenience store located at 1604 W. Lakeshore Drive (APN'S: 375-350-008/039). 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 CUP No. 2008-26: 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 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 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 CUP. 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 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 proposed Conditional Use Permit is for the establishment of a "Tackle and Bait" shop in conjunction with a convenience store as well as related on-site improvements located at 1604 W Lakeshore Drive (APN'S: 375-350-008/039). The proposed "Tackle and Bait" shop has been analyzed and staff has determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code and 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. Establishment of the proposed "Tackle and Bait" shop in conjunction with a convenience store located at 1604 W Lakeshore Drive (APN'S: 375-350-008/039) 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 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code II n n PLANNING COMMISSION RESOLUTION NO. 2009-02 PAGE 3 OF 4 (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 17.66 of the LEMC. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The CUP has been reviewed and conditioned by al/ applicable City departments . thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.74.50 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 17.74.050, the proposed "Tackle and Bait" shop use has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on January 6, 2009. 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. 2007-18. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a re~ular meeting of the Planning Commission of the City of Lake Elsinore, California, this 6 h day of January, 2009. ATTEST: ~\J-=-- Tom Weiner Acting Director of Community Development n n n PLANNING COMMISSION RESOLUTION NO. 2009-02 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-02 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 6th day of January 2009, and that the same was adopted by the following vote: AYES: Chairman Axel Zanelli, Vice-Chairman Jimmy Flores, Commissioner's John Gonzales"and Michael O'Neal NOES: ABSENT: ABSTAIN: None Commissioner Phil Mendoza None ~LD Tom Weiner Acting Director of Community Development n n n PROJECT NAME: CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-18; A REQUEST TO ESTABLISH A "TACKLE AND BAIT" SHOP IN CONJUNCTION WITH A CONVENIENCE STORE AS WELL AS RELATED ON-SITE IMPROVEMENTS LOCATED AT 1604 W. LAKESHORE DRIVE (APN'S: 375-350-008 AND 039) PLANNING DIVISION 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 Conditional Use Permit No. 2007-18 for the proposed "Tackle and Bait" shop in conjunction with a convenience store as well as related on-site improvements located at 1604 W. Lakeshore Drive (APN'S: 375-350-008/039) project attached hereto. 2. 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. 3. Prior to issuance of any 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. 4. The applicant shall comply with any/all requirements of the Riverside County Fire Department. 5. The Applicant is to meet all applicable City Codes and Ordinances. 6. The Applicant shall comply with the City's Noise Ordinance. All construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The applicant is to meet all requirements of the Lake Elsinore Unified School district. n n n 8. 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. The applicant may request a time extension from the Director of Community Development if the permit has not been issued within the one (1) year expiration date. 9. 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. 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. 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. The sign shall be placed on the property prior to the issuance of a building permit. 12. Any proposed parking lot lighting shall be shielded so as to prevent any "spillage" onto adjacent properties. 13. Any proposed signs must comply with all sections of Chapter 17.94 (Signs- Advertising Structures). 14. Conditional Use Permit No. 2007-18 does not include the sales of alcohol. There shall not be, at any time, the sale of alcohol for either on-site or off-site consumption at the proposed "Tackle & Bait" shop located at 1604 W. Lakeshore Drive. 15. The applicant shall plant one (1) twenty-four inch (24") box street tree for every thirty (30) linear-feet of street frontage. The tree species shall be selected from the City approved street tree list. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 16. The applicant shall pay any/all applicable fees as determined by the City of Lake Elsinore Building and Safety Division, prior to the issuance of a building permit. 17. Prior to the issuance of a building permit, the applicant shall receive City Council approval of the proposed fifteen-foot (15') access easement, directly south and n n n adjacent to the southern property line. 18. Prior to the issuance of a building permit, the applicant shall submit a revised site plan that indicates that one (1) additional parking space had been incorporated. The one (1) additional parking space shall meet minimum size requirements as mandated in Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code. 19. Prior to the issuance of a building permit, the applicant shall submit a revised floor plan that reflects the layout of the proposed business. 20. Prior to the issuance of a building permit, the applicant shall submit a revised floor plan which indicates that the proposed trash container areas are large enough to accommodate the City's minimum size requirement of three (3) cubic-yard containers. CITY OF LAKE ELSINORE ENGINEERING DIVISION 21. The applicant shall obtain an encroachment permit for any work performed in the public right of way. 22. The applicant shall dedicate to the City a fifteen-foot (15') road right-of-way on Lakeshore Drive. 23. Capital Improvement fees and mitigation fees (LEMC 16.34, Res. 85-26) if applicable, shall be paid prior to issuance of a building permit. 24. The project shall provide an asphalt concrete (ac) curb to separate the handicap parking and road shoulder. In addition, an ac transition shall be provided on Lakeshore Drive, before and after the driveway entrance. A detailed improvement plan that shows the driveway improvements and ac transitions shall be submitted and approved by the City Engineer. 25. The applicant shall obtain a fifteen-foot (15') access easement from the City. The applicant shall be responsible for all the cost of processing and/or obtaining this easement. 26. The project's landscaping adjacent to the parking lot and driveway terminus, shall be designed to intercept runoff and also landscaped for water quality benefit. 27. The applicant shall provide signing and striping for traffic entering and exiting the site and for on-site parking and circulation. II n n 28. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the lake and/or the city's storm drain system. 29. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated 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. RIVERSIDE COUNTY FIRE DEPARTMENT 30. ROOFING MA TERIAL- All buildings shall be constructed with class B roofing materials as per the California Building Code. 31. BLUE DOT REFELECTOR- Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. 32. MINIMUM REQUIRED FIRE FLOW- Minimum required fire flow shall be 1500 GPM for a 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler system. 33. SUPER FIRE HYDRANT- The average spacing between super fire hydrant(s) are (6" x 4" x 2 %"x 2 % ") and shall be not exceed 500 feet between hydrants. They shall also have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. 34. RAPID ENTRY BOX- Rapid entry key storage cabinet shall be installed outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation 35. CAMPFIRE RINGS- Campfires will only be allowed in stoves and fire rings which must be in a location approved by the Lake Elsinore Fire Chief. 36. WATER PLANS- The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." II n n 37. FUEL MODIFICATION- The applicant or developer shall prepare and submit to the Fire Department for approval, of a fire protectionlvegetation management that should include but not limited to the following items: a) fuel modification to reduce fire loading. b) appropriate fire breaks according to fuel load, slope of terrain. c) non flammable wall along common boundaries between rear yards and open space. d) Emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet. e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. 38. BLDG PLAN CHECK FEE- A Building plan check deposit fee of $1,056.00, shall be paid in a check or money order to the City of Lake Elsinore before plans have been approved by our office. 39. WATER CERTIFICATION- Th e applicant or developer shall be responsible to submit written certification from th e water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1500 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 40. WATER PLANS- The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local Water Company with the following certification: "I certify that the' design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." PRIOR TO BUILDING FINAL INSPECTION 41. FIRE LANES- 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. 42. SUPER FH/FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler system. The average spacing between Super fire hydrant (s) (6" x 4" x 2 Y:z" x 2 Y:z ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from n n n any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. 43. EXTINGUISHERS- Install portable fire extinguishers with a minimum rating of 2A- 10BC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (Inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 44. HOOD DUCTS- A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. system must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre- existing alarm system must be connected to the extinguishing system. (.separate fire alarm must be submitted for connection) 45. TITLE 19- Comply with Title 19 of the California Administrative Code.