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HomeMy WebLinkAboutPC Reso No 2013-76RESOLUTION NO. 2013 -76 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO 2013 -04 FOR A CROSS FITNESS EXERCISE CENTER AND A SMALL SKATING RINK WITHIN AN EXISTING BUILDING LOCATED AT 29910 OHANA CIRCLE. WHEREAS, Scott Labeda / Labeda Family LLC, has initiated proceedings to request the approval of Conditional Use Permit No. 2013 -04 (the "CUP ") in order to establish and operate a Cross Fitness and Skating Rink within an existing building located at 29910 Ohana Circle (the "Project "). The site has a zoning designation of Commercial Manufacturing (C -M) and has a General Plan Land Use designation of Business Park (BP); and WHEREAS, Health Clubs, racquetball and indoor tennis courts and similar related facilities are subject to the approval of a Conditional Use Permit within the Commercial Manufacturing (C -M) district; and WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code provides that certain uses have operational characteristics that, depending on 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 reviewing and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on December 3, 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 proposed Conditional Use Permit No. 2013 -04 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 hereby finds and determines that Conditional Use Permit No. 2013 -04 is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") pursuant to Section 15301 (Class 1 - Existing Facilities) of the State CEQA Guidelines (14 California Code of Regulations §§ 15000 et seq.). Specifically, the Planning Commission finds that the Conditional Use Permit allows for the operation of a Health PLANNING COMMISSION RESOLUTION NO. 2013 -76 PAGE 2 OF 4 Clubs and indoor recreational facilities within an existing building on a fully developed site located at 29910 Ohana Circle. 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. 2013 -04: 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 an opportunity to review the use permit and recommend various conditions of approval as set forth in the conditions of approval attached to the staff report for this Conditional Use Permit. 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 commercial development and 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 operation of a cross fitness exercise center and a skating rink within an established building located at 29910 Ohana Circle. The proposed use 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. PLANNING COMMISSION RESOLUTION NO. 2013 -76 PAGE 3OF4 The proposed operation of a cross fitness exercise center and skating rink within an existing building located at 29910 Ohana Circle, 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 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (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 17.148 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 Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168 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 17.168, the proposed cross fitness exercise center and skating rink within an existing building located at 29910 Ohana Circle were considered for approval by the Planning Commission at the regularly scheduled meeting on December 3, 2013. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit Igo. 2013 -04. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 3rd day of December 2013. avid Blake, Chairperson City of Lake Elsinore ATTEST: r -r' Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -76 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 -76 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3RD day of December 2013, and that the same was adopted by the following vote: AYES: CHAIRMAN BLAKE, VICE CHAIRMAN GRAY, COMMISSIONER JORDAN, COMMISSIONER MORSCH NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: NONE Richard .1 acHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2013-04 GENERAL 1. The proposed project (Conditional Use Permit No. 2013 -04) consists of a Cross Fitness exercise center and a small skating rink within an existing building located at 29910 Ohana Circle. 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. Approval of Conditional Use Permit No. 2013 -04 will lapse and be void unless a building permit is issued within one (1) year of the approval 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 17.180 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 other revisions to the approved site plan or building elevations shall be subject to the review of the Planning Commission Approved December 3, 2013 Page 1 of 3 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013 -04 Community Development Director or his designee. 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 satisfy all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 13. 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 14. 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. 15. Prior to issuance of building permits, the applicant shall pay all appropriate fees. ENGINEERING DIVISION 16. In accordance with the City's Franchise Agreement for waste disposal & recycling, the Planning Commission Approved December 3, 2013 Page 2 of 3 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013 -04 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. Planning Commission Approved December 3, 2013 Page 3 of 3