Loading...
HomeMy WebLinkAboutCC Reso No 2015-091 City Council Reso.RESOLUTION NO. 2015 -091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2013 -08 RELATED TO A FAST FOOD RESTAURANT WITH A DRIVE - THROUGH ON OUTLOT 2 OF THE WALMART SUPERCENTER PROJECT LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AVENUE AND CAMBERN AVENUE WHEREAS, Barry Linder of Greenberg Farrow on behalf of Wal -Mart Real Estate Business Trust (the "Applicant ") has requested approval of Conditional Use Permit No. 2013 -08, in conjunction with Commercial Design Review No. 2013 -08, Conditional Use Permit No. 2013 -06, Conditional Use Permit No. 2013 -07 and Conditional Use Permit No. 2013 -09, which are collectively referred to herein as the "Project ", and WHEREAS, the Project is for the development of a 17.66 -acre site located at the southwest corner of Central Avenue and Cambern Avenue with an approximately 154,487 square -foot Walmart Supercenter, including a 3,090 square -foot seasonal outdoor garden center (Commercial Design Review No. 2013 -08 and Conditional Use Permit No. 2013 -06), with additional conditional use permits (Conditional Use Permit No. 2013 -07, Conditional Use Permit No. 2013 -08 and Conditional Use Permit No. 2013 -09) for outlot development planned for the parcels fronting Central Avenue which consist of one of two site configurations. Option A would consist of a gas station with 16 fueling stations, an approximately 3,100 SF convenience store, and a drive - through car wash and two other buildings which would be developed as separate drive -thru restaurants (3,700 SF and 3,100 SF). Option B consists of one parcel being developed with approximately 9,200 SF of retail /restaurant mix -used space situated within two buildings while the other two parcels would be developed with drive thru restaurant uses similar to the proposed development under Option A; and, WHEREAS, the application for Conditional Use Permit No. 2013 -08 proposes a 3,700 square foot fast food restaurant with a drive - through located on Outlot 2 of the Walmart Supercenter project site, and located on Central Avenue between Outlot 1 and Outlot 3; and, WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code ( "LEMC ") 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, on November 3, 2015 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning City Council Resolution No. 2015 -091 Page 2 of 4 Commission Resolution No. 2015 -77 recommending that the City Council approve Conditional Use Permit No. 2013 -08; and WHEREAS, on December 1, 2015, at a duly noticed public meeting, 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. -NOWT THEREFORE, THE CITY COUNCIL -0F - THE - CITY --01= LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered Conditional Use Permit No. 2013- 08 for 3,700 square foot fast food restaurant with a drive - through on Outlot 2 associated with the proposed Walmart Supercenter prior to making a decision and has found it acceptable. SECTION 2. On December 1, 2015, after consideration and evaluation of all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record of the noticed public hearing on the Project, the City Council adopted Resolution No. 2015 -087 finding and determining that that the Environmental Impact Report (EIR) (SCH# 2014051093) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA); that a 45 -day public review period ran from August 28, 2015 to October 13, 2015; that responses to comments received during the public review period were prepared and incorporated into the Final EIR and that the Draft and Final EIR represents the City's independent judgment. Based upon those findings and determinations, the City Council by Resolution No. 2015 -087 certified the Environmental Impact Report. SECTION 3. That in accordance with California Planning and Zoning Law and LEMC Section 17.168.080 Findings, the City Council makes the following findings regarding Conditional Use Permit No. 2013 -08: 1. That 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. The 3,700 square foot fast food restaurant with a drive - through conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The Project will contribute to the overall number of retail facilities that serve the City, its residents, and guests. City Council Resolution No. 2015 -091 Page 3 of 4 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 Conditional Use Permit and their comments have been addressed m the conditiuri8�app7toval attached to - -the -staff report l this Project. Conditions have been applied relating to the proposed use, including the required compliance with all of the mitigation measures set forth in the EIR, so as to eliminate or reduce to the extent practicable any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development, nearby residential development and the City of Lake Elsinore. 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 (Zoning) of the Lake Elsinore Municipal Code. The proposed Conditional Use Permit is a 3,700 square foot fast food restaurant with a drive - through associated with the proposed Walmart Supercenter. 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 complement the existing uses, based on the submitted plans and conditions of approval attached to the staff report for this Project. 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 3,700 square foot fast food restaurant with a drive - through has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The EIR includes an analysis of the Project's impacts upon streets and highways and a Traffic Impact Analysis is included in Appendix J of the EIR. Conditions have been applied relating to the proposed use, including the required compliance with all of the mitigation measures set forth in the EIR that address Transportation and Traffic design requirements of the proposed Project. 5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof. City Council Resolution No. 2015 -091 Page 4 of 4 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 LEMC 17.68.050, have been incorporated into the approval of the conditional use permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. The Project was considered by the City Council at a duly noticed public hearing on December 1, 2015, and appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. SECTION 4. Based upon all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record, the City Council of the City of Lake Elsinore hereby approves Conditional Use Permit No. 2013 -08. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a of the City of Lake Elsinore, California, this 1st day of ATTIE Susan Domen, MMC City Clerk APPROVED AS TO) F W ra Leibold, City Attorney I meeting of the City Council nber, 2015. , Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -091 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 1St day of December 2015, and that the same was adopted by the following vote: AYES: Council Member Johnson, Mayor Pro Tern Tisdale, Council Member Magee, and Mayor Manos NOES: None ABSENT: Hickman ABSTAIN: None r '�7 Susan M. Domen, City Clerk