HomeMy WebLinkAbout14-072 Staff ReportCITY OF
LADE OLS11JORE
DREAM. EXTREME.
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE
PLANNING MANAGER
DATE: APRIL 15, 2014
SUBJECT: MODIFICATION TO CONDITIONAL USE PERMIT NO. 2010 -08 - A
REQUEST TO MODIFY CONDITIONAL USE PERMIT NO. 2010-08;
TO ALLOW 6 ADDITIONAL AUTOMOBILE STORAGE SPACES AT
THE EXISTING UNITED TOWING SERVICE INC. FACILITY
LOCATED AT 29635 HUNCO WAY (APN 377 - 130 -028).
APPLICANT: MR. GREG MOOREWNITED TOWING SERVICE INC. 29635
HUNCO WAY, LAKE ELINORE, CA 92530
OWNER: STEPHEN TORTOMASI/ TORTOMASI ENTERPRISES LLC;
26605 MADISON AVE, MURRIETA, CA 92563
Recommendation
Adopt Resolution No. 2014- ; A Resolution of the Planning Commission of the City of
Lake Elsinore, California, Approving a Modification to Conditional Use Permit No. 2010 -08
to Allow Six (6) Additional Automobile Storage Spaces at the Existing United Towing
Service Inc. Facility Located at 29635 Hunco Way. (APN: 377 - 120 -028); based on the
Findings and Exhibits and subject to the attached Conditions of Approval.
Project Request
The applicant is requesting an amendment to Conditional Use Permit No. 2010 -08 to allow
six additional automobile storage spaces at an existing automobile towing and indoor
impound storage facility, which would increase storage capacity from 21 to 27 vehicles.
STAFF REPORT
MODIFICATION TO CONDITIONAL USE PERMIT NO. 2010 -08
APRIL 15, 2014
PAGE 2OF3
Project Location
The existing United Towing Service Inc., facility is located at 29365 Hunco Way (APN: 377-
120 -028) on the west side of Hunco Way. The subject property located within an existing
industrial park.
Background
On December 7, 2010, the Planning Commission approved Conditional Use Permit (CUP)
to establish and operate an automobile towing and impound storage facility within an
existing industrial building. On January 25, 2011, an appeal of the Planning Commission
action was presented to the City Council and the City Council upheld the Planning
Commission's decision.
Environmental Setting
The subject property has existing industrial development on all four sides of the property.
Project Site
Industrial
M -1 (Limited Manufacturing)
Limited Industrial (LI)
North
Industrial
M -1 (Limited Manufacturing)
Limited Industrial (LI)
South
Industrial
M -1 (Limited Manufacturing)
Limited Industrial (LI)
West
Industrial
M -1 (Limited Manufacturing)
Limited Industrial (LI)
East
Industrial
M -1 (Limited Manufacturing)
Limited Industrial (LI)
Project Description
Proposed Use & Operational Parameters
The applicant is proposing six (6) additional automobile storages spaces within the existing
8,900 square foot interior warehouse area in order to allow for the storage of a maximum
twenty -seven (27) automobiles within the building. No impacts are expected to the current
operation of the existing United Towing Service Inc. facility.
The applicant indicated that larger vehicles will not be stored onsite. There will not be any
additional tow trucks used in association with the operation and they will remain parked at
the rear of the building within the existing gated yard. The towing operations will remain on
STAFF REPORT
MODIFICATION TO CONDITIONAL USE PERMIT NO. 2010 -08
APRIL 15, 2014
PAGE 3OF3
call 24 -hours per day, seven days per week. Office hours will continue to be from 8:00 a.m.
to 5:00 p.m. Monday thru Friday. No additional employees will be required to maintain the
business' existing level of service and any unclaimed vehicles will be taken offsite to be
sold at auctions.
Architecture /Landscaping /Parking and Circulation
The architecture, Landscaping, Parking and Circulation will not be affected in anyway by
the approval of the modification to Conditional Use Permit No. 2010 -08.
Analysis
Staff believes the proposed use, with the attached conditions of approval, meets all
applicable development standards and criteria outlined in Chapter 17.168 (Conditional Use
Permits), Chapter 17.136 (Limited Manufacturing District) and Chapter 17.148 (Parking
Requirements) of the Lake Elsinore Municipal Code (LEMC).
Environmental Determination
Staff determined that the proposed Conditional Use Permit modification 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 Section 15301 (Class 1)
(Existing Facilities) categorical exemption. The site is fully developed and no structural
alterations are planned in association with the proposed modification to the existing facility
and operational use.
Prepared By: Agustin Resendiz,
Associate Planner
Approved By: Richard J. MacHott, LEED Green Associate
Planning Manager
Attachments:
1. Vicinity Map
2. Color Aerial Photograph
3. Planning Commission Resolution
4. Modified CUP NO. 2010 -08 Conditions of Approval
5. 11" x 17" Floor Plan
VICINITY MAP
MODIFICATION TO
CONDITIONAL USE PERMIT NO. 2010-08
CITY Or
LA ICE E013 LSI MORE
DRLAM EXHUML
RESOLUTION NO. 2014-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING A
MODIFICATION TO CONDITIONAL USE PERMIT NO. 2010 -08 TO
ALLOW SIX (6) ADDITIONAL AUTOMOBILE STORAGE SPACES
AT THE EXISTING UNITED TOWING SERVICE INC. FACILITY
LOCATED AT 29635 HUNCO WAY. (APN: 377 - 120 -028)
WHEREAS, Greg Moore /United Towing Services Inc., has initiated proceedings
to request the approval of a modification to existing Conditional Use Permit No. 2010-
08; to allow six (6) additional automobile storage spaces at the existing United Towing
Service Inc. facility located at 29635 Hunco way. (APN: 377 - 120 -028); 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 December 7, 2010, the Planning Commission approved
Conditional Use Permit No. 2010 -08 to establish and operate an automobile towing and
impound storage facility within an existing industrial building; and on January 25, 2011,
an appeal of the Planning Commission action was presented to the City Council and the
City Council upheld the Planning Commission's decision; and
WHEREAS, public notice of the Project has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on April 15, 2014.
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
modification to Conditional Use Permit No. 2010 -08 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 the
modification to Conditional Use Permit No. 2010 -08 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 Section 15301 (Class 1)
PLANNING COMMISSION RESOLUTION NO. 2014-
PAGE 2 OF 4
(Existing Facilities) categorical exemption. Specifically, the Planning Commission finds
that the site is fully developed and no structural alterations are planned in association
with the proposed modification to the existing facility and operational use.
SECTION 3. That in accordance with State Planning and Zoning Law, the Lake
Elsinore Municipal Code, the Planning Commission makes the following findings for
approval for the proposed modification to Conditional Use Permit 2010 -08:
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.
Approval of the modification of this Conditional Use Permit No. 2010 -08, will not
adversely affect 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 it 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 modification to Conditional Use Permit No. 2010 -08, and any
concerns have been addressed in the conditions of approval attached to the staff
report for this Project. Conditions have been applied relating to the proposed
use, so as to eliminate any potential negative impacts to the general health,
safety, comfort, or general welfare of the surrounding neighborhood 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 existing towing facility was designed in consideration of the size and shape
of the Project Site, thereby strengthening and enhancing the immediate area.
Further, the proposed modification to Conditional Use Permit No. 2010 -08, will
not create a detractive relationship between the existing projects within the area,
the proposed modification will occur within an existing building and will not be
visible from other properties.
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.
The proposed modification to Conditional Use Permit No. 2010 -08, for the
existing towing facility use has been reviewed in relation to the width and type of
PLANNING COMMISSION RESOLUTION NO. 2014 -,
PAGE 3 OF 4
pavement needed to carry the type and quantity of traffic generated. The City
has adequately evaluated the potential impacts associated with the proposed
facility prior to its approval and has conditioned the Project to be served by roads
of adequate capacity and design standards to provide reasonable access by car,
truck, and emergency services vehicles.
5. In approving the subject use, there will be no adverse affect on abutting property
or the permitted and normal use thereof.
The proposed modification to Conditional Use Permit 2010 -08 has been
thoroughly reviewed and conditioned by all applicable City departments and
outside agencies, eliminating the potential for any and all adverse effects on the
abutting property.
6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code
Section 17.168 have been incorporated into the approval of the modification to
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 17.168.100, the modification
to Conditional Use Permit No. 2010 -08, to add six (6) additional automobile
storage spaces to the existing United Towing indoor towing facility has been
scheduled for consideration and approval of the Planning Commission at the
regularly scheduled meeting on April 15, 2014.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby approves the
proposed modification to Conditional Use Permit No. 2010 -08.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 15th day of April 2014.
David Blake, Chairman
City of Lake Elsinore
ATTEST:
Richard J. MacHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2014-
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE SS
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2014- as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 15th day of April, 2014 and
that the same was adopted by the following vote:
AYES
NOES:
ABSTAIN:
ABSENT:
Richard J. MacHott, LEED Green Associate
Planning Manager
CONDITIONS OF APPROVAL
MODIFICATION TO CONDITIONAL USE PERMIT NO. 2010 -08
AUTOMOTIVE TOWING AND IMPOUND STORAGE FACILITY
29365 HUNCO WAY (APN: 377 - 120 -028)
PLANNING DIVISION
GENERAL CONDITIONS
1. The proposed project (Modification to Conditional Use Permit No. 2010 -08) consists
of the addition of six (6) additional automobile storage spaces at the automotive
towing and impound storage facility located at 29365 Hunco Way (APN 377 -120-
028 ). (Added at time of CUP Modification by Planning Commission on April 15,
2014)
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 attack, set aside, void, or annul an approval of the City, its advisory
agencies, appeal boards, or legislative body concerning Conditional Use Permit
No. 2010 -08 located at 29365 Hunco Way.
3. The applicant shall submit a check in the amount of $64.00 $50.00 made payable to
the County of Riverside for a Notice of Exemption. The check shall be submitted to
the Planning Division for processing within 48 hours of the pr-ejeEt- approval of the
modification to Conditional Use Permit No. 2010 -08. (Amended at time of CUP
Modification by Planning Commission on April 15, 2014)
4. Any violation or noncompliance with the Conditions of Approval shall be cause for
the revocation of this Conditional Use Permit.
5. The Conditions of Approval for this project shall be reproduced upon Page One of
Building Plans prior to their acceptance by the Division of Building and Safety.
6. The appliGant shall sign an "AGknowledgernent of Genditions" statement and
permit. submit it to the Planning Department prioF to the issuanGe of any Within 30
days of project approval the applicant shall sign and complete an
"Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department for inclusion in the case records. (Amended
at time of CUP Modification by Planning Commission on April 15, 2014)
7. The applicant shall comply with all applicable City codes and ordinances.
8. Sign permits shall be obtained for proposed exterior signage onsite.
Original Planning Commission Approval Page 1 of 4 Original City Council Approved
December T 2010 January 25, 2011
Modified by Planning Commission
April 15, 2014
CONDITIONS OF APPROVAL
MODIFICATION TO CONDITIONAL USE PERMIT NO. 2010 -08
AUTOMOTIVE TOWING AND IMPOUND STORAGE FACILITY
29365 HUNCO WAY (APN: 377 - 120 -028)
CONDITIONAL USE PERMIT
9. The Conditional Use Permit approved herein shall lapse and shall become void
ene ()yeai two (2) years 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. (Amended at time of CUP Modification by Planning Commission on April
15, 2014)
10. 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.
11. 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.
12. All motor vehicles towed to the facility shall be stored within the interior of the
existing building onsite.
13. A maximum of Twenty-One (2) twenty -seven (27) cars or pick -ups shall be
stored within the existing building at any one time. Larger types of vehicles shall
not be stored onsite. (Amended at time of CUP Modification by Planning
Commission on April 15, 2014)
14. Nothing in these conditions shall serve to preclude the applicant from applying for
a City Towing Franchise.
15. Existing landscaping onsite shall be pruned and /or trimmed as necessary prior to
initiation of the proposed use and maintained on an ongoing basis.
ENGINEERING DIVISION
GENERAL
16. On -site drainage shall not be altered without approval of the City Engineer.
17. In accordance with the City's Franchise Agreement for waste disposal &
recycling, the applicant 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.
Original Planning Commission Approval Page 2 of 4 Original City Council Approved
December T 2010 January 25, 2011
Modified by Planning Commission
April 15; 2014
CONDITIONS OF APPROVAL
MODIFICATION TO CONDITIONAL USE PERMIT NO. 2010 -08
AUTOMOTIVE TOWING AND IMPOUND STORAGE FACILITY
29365 HUNCO WAY (APN: 377 - 120 -028)
18. No structures, landscaping, or equipment shall be located near the project
entrances that compromise sight distance requirements.
STORM WATER MANAGEMENT / POLLUTION PREVENTION
19. No vehicles towed to the facility shall be stored out -of -doors without review and
approval by the Engineering Division.
20. Applicant shall employ BMP's that will reduce storm water pollutants from parking
areas.
21. Applicant is prohibited from discharging waste into storm drain system or local
surface waters. This includes non -storm water discharges containing oil, grease,
detergents, trash, or their waste remains.
22. Trash bins shall be stored within the existing trash enclosure onsite at all times.
23. Applicant shall obtain a permit or waiver from the Regional Water Quality Control
Board prior to discharging pollutants.
IMPROVEMENTS:
24. The parking lot shall be restriped and made ADA compliant.
BUILDING AND SAFETY DIVISION
25. A mechanical ventilation system capable of moving one cubic foot per minute per
square foot of floor area shall be provided to exhaust potential gasoline vapors.
26. Ventilation system to be designed by Mechanical Engineer and detailed on plans
to show compliance with Fire and Mechanical Codes.
27. Interior storage areas to maintain a clear four (4) foot isle width for access to
required portions of the building (i.e. electrical panels, fire extinguishers, exits,
etc.).
28. The Supervisors office and upstairs deck shown on plans are not on file with the
City as approved changes to the original floor plan. Please provide
documentation to show these changes were permitted and approved by the City.
Original Planning Commission Approval Page 3 of 4 Original City Council Approved
December 7, 2010 January 25, 2011
Modified by Planning Commission
April 15, 2014
CONDITIONS OF APPROVAL
MODIFICATION TO CONDITIONAL USE PERMIT NO. 2010 -08
AUTOMOTIVE TOWING AND IMPOUND STORAGE FACILITY
29365 HUNCO WAY (APN: 377 - 120 -028)
29. If the changes to the floor plan mentioned above in Condition No. 2-7 28 cannot be
documented as approved by the City, plans must be submitted for plan check to
insure compliance with Building and Fire Code requirements. (Amended at time of
CUP Modification by Planning Commission on April 15, 2014)
RIVERSIDE COUNTY FIRE DEPARTMENT
30. The applicant shall comply with all Riverside County Fire Departments
requirements and standards (see attached conditions of approval).
End of Conditions
Original Planning Commission Approval Page 4 of 4 Original City Council Approves!
December 7, 2010 January 25, 2011
Modified by Planning Commission
April 15; 2014