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HomeMy WebLinkAboutAmendment to CUP No. 97-1 Staff ReportCITY OF LADE LSIAO E 8 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: November 4, 2014 SUBJECT: Amendment To Conditional Use Permit No. 97 -1 - A Request to Add an Automatic Car Wash to the Existing Arco Gas Station located at 19930 Collier Avenue APPLICANTh Mr. Pami Randhawa, 785 N. Main Street, Corona, CA 91720 OWNER Recommendation Adopt Resolution No. 2014- ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving an Amendment to Conditional Use Permit No. 97 -1; to Add an Automatic Car Wash to the Existing Arco Gas Station and AM /PM Mini -Mart located at 19930 Collier Avenue (APN: 389 - 200 -030). Project Request & Location The applicant is requesting an amendment to Conditional Use Permit No. 97 -1; to allow the addition of a new automatic car wash to the existing Arco Gas Station and AM /PM Mini- Mart located at 19930 Collier Avenue. Project review is pursuant to guidelines contained within the Alberhill Ranch Specific Plan; and Lake Elsinore Municipal Code (LEMC) Chapter 17.168 (Conditional Use Permits), Chapter 17.112 (Non - Residential Development Standards), and Chapter 17.148 (Parking Requirements). Planning Commission Staff Report Amendment To Conditional Use Permit No. 97 -1 November 4, 2014 Page 2 of 3 Background On March 26, 1997, the Planning Commission approved Conditional Use Permit No. 97 -1, which was required by the Alberhill Ranch Specific Plan in order to allow a future fast -food restaurant with a drive -thru. On August 20, 2014, the applicant submitted an application to amend the approved Conditional Use Permit 97 -1; to change the existing drive -thru aisle and pick -up window tower that were intended for a fast food restaurant into an automatic Car Wash. Environmental Setting Project Description The applicant is requesting approval to add an automatic Car Wash to the existing Arco Gas Station and AM /PM Mini -Mart. The proposed car wash would use the existing drive - thru aisle located along the North and East perimeter of the building and the existing tower that was developed to function as the pick -up window for the originally proposed fast -food restaurant. As indicated on the site plan, the addition of the proposed Car Wash and the equipment room will have a minimum impact to the existing Arco Gas Station and AM /PM Mini -Mart facility, due to the fact that the project site already has a fully developed and landscaped drive -thru aisle. Therefore, the only alteration to the existing project site will be the conversion of the existing tower structure into the presoaking area and the addition of a 640 square -foot Car Wash bay and 150 square feet for the mechanical room. Architecture /Parking and Circulation The architectural design proposed for the Car Wash and equipment room will implement replicas of the recessed arches, Mission style plaster, decorative cornices and the "S" roof tile found in the existing building. Due to the incorporation of the existing architectural features into the proposed project and the four -foot elevation difference from the street level in addition to the existing landscape, the project has been successfully designed to LOCATION EXISTING LAND USE ZONING GENERAL PLAN Project Site Commercial Alberhill Specific Plan C -H Highway Commercial North Vacant Alberhill Specific Plan Light Industrial (LI) South Outlet Center Outlet Specific Plan Commercial West Vacant Flood Flood East 115 FWY Freeway Freeway Project Description The applicant is requesting approval to add an automatic Car Wash to the existing Arco Gas Station and AM /PM Mini -Mart. The proposed car wash would use the existing drive - thru aisle located along the North and East perimeter of the building and the existing tower that was developed to function as the pick -up window for the originally proposed fast -food restaurant. As indicated on the site plan, the addition of the proposed Car Wash and the equipment room will have a minimum impact to the existing Arco Gas Station and AM /PM Mini -Mart facility, due to the fact that the project site already has a fully developed and landscaped drive -thru aisle. Therefore, the only alteration to the existing project site will be the conversion of the existing tower structure into the presoaking area and the addition of a 640 square -foot Car Wash bay and 150 square feet for the mechanical room. Architecture /Parking and Circulation The architectural design proposed for the Car Wash and equipment room will implement replicas of the recessed arches, Mission style plaster, decorative cornices and the "S" roof tile found in the existing building. Due to the incorporation of the existing architectural features into the proposed project and the four -foot elevation difference from the street level in addition to the existing landscape, the project has been successfully designed to Planning Commission Staff Report Amendment To Conditional Use Permit No. 97 -1 November 4, 2014 Page 3 of 3 eliminate any negative visual impacts. The project site currently has two points of access and since the drive -thru aisle that provides the access to the proposed Car Wash is already in existence and it is fully developed, the parking and circulation pattern will not be affected in any way. 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). The proposed Car Wash has been found in conformance with all applicable development standards of the Alberhill Specific Plan and the Lake Elsinore Municipal Code. In addition, the project has been designed with enhanced architectural characteristics such as recessed arches, smooth plaster finish, "S" roof tiles, colors and materials as that of the existing building. The proposed project will complement the existing and proposed development in the surrounding area. Environmental Determination Staff determined that the proposed project is categorically exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15301(Existing Facilities) of the CEQA Guidelines because the project site is fully developed and only minor alterations are planned in association with the proposed amendment 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. Aerial Map 3. Planning Commission Resolution 4. Planning Commission Conditions of Approval 5. 11" x 17" Plans • Site Plan • Floor Plan • Elevations VICINITY MAP AMENDMENT TO CONDITIONAL USE PERMIT NO. 97- CITY 0 F ^01--l' LAK-E LSINORE ENIEANA EXTREME AERIAL MAP AMENDMENT TO CONDITIONAL USE PERMIT NO. 97- CITY OF ^7 (ff 7, 'L A ILL L, S I I` O'kE D R L A \,t EXr R F M E RESOLUTION NO. 2014- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 97 -1; TO ADD AN AUTOMATIC CAR WASH TO THE EXISTING ARCO GAS STATION AND AM /PM MINI - MART LOCATED AT 19930 COLLIER AVENUE (APN: 389 - 200 -030) WHEREAS, Mr. Pami Randhawa, filed an application with the City of Lake Elsinore requesting an amendment to Conditional Use Permit No. 97 -1; to allow.the addition of a new automatic Car Wash to the existing Arco Gas Station and AM /PM Mini -Mart located at 19930 Collier Avenue; 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, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) 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 November 4, 2014 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Amendment to Conditional Use Permit No. 97 -1 to allow the addition of a new automatic Car Wash to the existing Arco Gas Station and AM /PM Mini -Mart located at 19930 Collier Avenue prior to making a decision to recommend approval of the proposed application and found it to be acceptable. SECTION 2. The Planning Commission hereby finds and determines that the Project the proposed project is categorically exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15301(Existing Facilities) of the CEQA Guidelines because the project site is fully developed and only minor alterations are planned in association with the proposed amendment to the existing facility and operational use. SECTION 3. That in accordance with State Planning and Zoning Law, the Alberhill Specific Plan, and the Lake Elsinore Municipal Code, the Planning Commission PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE 2 OF 4 makes the following findings for approval of the Amendment to Conditional Use Permit 97 -1: 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 Amendment to Conditional Use Permit No. 97 -1; 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 Alberhill Specific Plan. 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 Project. 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 neighborhood or the City. 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 a 15301 (Class 1) (e); (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. 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 the Alberhill Specific Plan and Title 17 of the Lake Elsinore Municipal Code. The existing project site car wash was designed in consideration of the size and shape of the Project Site, thereby strengthening and enhancing the immediate commercial area. Further, the proposed amendment to Conditional Use Permit No. 97 -1; will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects, in that the facility design has been reviewed to ensure adequate PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 3 OF 4 provision of screening from the adjacent properties. The City has analyzed the proposed project and determined that it satisfies all requirements set forth within the Alberhill Ranch Specific Plan; and Lake Elsinore Municipal Code Chapter 17.168 (Conditional Use Permits), Chapter 17.112 (Non- Residential Development Standards), and Chapter 17.148 (Parking Requirements). 5. 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 Amendment to Conditional Use Permit No. 97 -1; 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 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. 6. Conditions and safeguards pursuant to the Alberhill Specific Plan and the applicable Lake Elsinore Municipal Codes have been incorporated into the approval of the amendment to Conditional Use Permit 97 -1; to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.168.040 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on November 4, 2014. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves the Amendment to Conditional Use Permit No. 97 -1. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 4t" day of November 2014. John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Richard J. MacHott, Planning Manager of the hereby certify that Resolution No. 2014- as adopte d the City of Lake Elsinore at a regular meeting held on and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: City of Lake Elsinore, California, by the Planning Commission of the 4t" day of November 2014, Richard J. MacHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 97 -1; TO ADD AN AUTOMATIC CAR WASH TO THE EXISTING ARCO GAS STATION LOCATED AT 19930 COLLIER AVENUE. (APN: 389 - 200 -030) GENERAL CONDITIONS 1. The proposed project is a request to add an automatic car wash to the existing Arco Gas Station and AM /PM Mini -Mart located at 19930 Collier Avenue (APN 389 - 200 -030). 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 amendment to Conditional Use Permit No. 97 -1 project attached hereto.. PLANNING DIVISION 3. 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 applicable provisions of the Lake Elsinore Municipal Code (LEMC). 4. 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. 5. The Amendment to Conditional Use Permit No. 97 -1 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion. Subject to the provisions of LEMC Section 17.168.110, a conditional use permit granted pursuant to the provisions of this section 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 the conditional use permit application. 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 approval of the Amendment to Conditional Use Permit No. 97 -1. 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. Page 1 of 4 CONDITIONS OF APPROVAL FOR AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 97 -1; TO ADD AN AUTOMATIC CAR WASH TO THE EXISTING ARCO GAS STATION LOCATED AT 19930 COLLIER AVENUE. (APN: 389 - 200 -030) 8. All site improvements shall be constructed as indicated on the submitted plans. Any other revisions to the approved site plan or building elevations shall be subject to the review of the 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 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. BUILDING DEPARTMENT PRIOR TO BUILDING PERMITS 15. All construction plans must be in accordance with the 2013 building codes. However, if the building permits are not obtained prior to November 4, 2015, the plans must be resubmitted to meet all current codes. 16. Prior to issuance of building permits, the applicant shall pay all appropriate fees. 17.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 (i.e., 7:00 A.M. — 5:00 Planning Commission Page 2 of 4 November 4, 2014 CONDITIONS OF APPROVAL FOR AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 97 -1; TO ADD AN AUTOMATIC CAR WASH TO THE EXISTING ARCO GAS STATION LOCATED AT 19930 COLLIER AVENUE. (APN: 389 - 200 -030) P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. ENGINEERING DIVISION 18.A parcel merger will be required, if evidence of a reciprocal access agreement or CC &R's is not submitted. The parcel merger will need to be submitted for plan check prior to building permit, and recorded prior to final release. 19. 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. 20. Runoff from project hardscape areas, roof and roof drains shall be treated prior to discharge into the storm drain system. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 21. Developer will need to submit a Will Serve Application and pay all applicable fees. 22. Developer will need to submit and secure a Wastewater Industrial Permit from EVMWD Pre - Treatment Department. CITY OF LAKE ELSINORE FIRE MARSHAL PRIOR TO BUILDING PERMIT ISSUANCE 23. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is noted above) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 674 -3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. Planning Commission Page 3 of 4 November 4, 2014 CONDITIONS OF APPROVAL FOR AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 97 -1; TO ADD AN AUTOMATIC CAR WASH TO THE EXISTING ARCO GAS STATION LOCATED AT 19930 COLLIER AVENUE. (APN: 389 - 200 -030) 24.Separation of Occupancy- A fire barrier wall for the separation of occupancies is required per the California Building Code. Fire walls, fire barriers, fire protections, smoke barriers, and smoke partitions or any other wall required to have protected openings or penetrations shall be located in accessible concealed floor, floor ceiling or attic spaces repeated at intervals not exceeding 30 feet along the wall, and include lettering not less than .5 inch in height, incorporating the suggested wording "FIRE AND /OR BARRIER - PROTECT ALL OPENINGS," or other wording. 25. Plan Check Fee- Building plan check fee made payable to The City Lake Elsinore, and shall be submitted to the Fire Department at time plans are submitted to our office(s). 26. Designated 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. 27. Fire Extinguishers — Minimum Install portable fire extinguishers complying with the California Fire Code with a minimum rating of 2A -10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from the wall. Please contact Fire Department for proper placement of equipment prior to installation. Planning Commission Page 4 of 4 November 4, 2014