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Home My WebLink AboutCC Reso No 2018-025 Commercial Design Review 2017-12 APN: 363-150-001, 002, 004 and 025RESOLUTION NO. 2018-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2017-12 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR A 1,865 S.F. FAST FOOD RESTAURANT (JACK IN THE BOX) WITH A DRIVE-THRU LANE AND RELATED SITE IMPROVEMENTS (APN: 363-150-001, 002,004 AND 025) Whereas, David Beshay, Beshay Foods, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-53 (Conditional Use Permit No. 2017-17 and Commercial Design Review No. 2017-12) for the design and construction of a 1,865 S.F. fast food restaurant (Jack in the Box) with a drive-thru lane and related site improvements (Project). The Project is located at the southwesterly corner of Diamond Drive and Lakeshore Drive (APN: 363-150-001, 002, 004, and 025); and, Whereas, pursuant to Chapter 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to design reviews; and, Whereas, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: CEQA) and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: CEQA Guidelines), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and, Whereas, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and, Whereas, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and, Whereas, on January 16, 2018, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to Section 17.184.090 of the LEMC, the Council has the responsibility of making decisions to approve, modify, or disapprove recommendations of the Commission for design review applications; and, Whereas, on February 13, 2018, at a duly noticed Public Meeting, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Reso. No. 2018-025 Page 2 of 3 Section 1. The Council has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC. Section 2. The Council finds and determines that the Project is categorically exempt from 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 15303 (Class 3 - New Construction or Conversion of Small Structures), the Project proposes to establish a 1,865 S.F. fast food restaurant (Jack in the Box) with a drive-thru lane and related site improvements on a pre -disturbed site. Section 3. That in accordance with Chapter 17.184 of the LEMC, the Council makes the following findings regarding of Planning Application No. 2017-53 (Commercial Design Review No. 2017- 12): The Project, as approved, will comply with the goals and objectives of the GP and the zoning district in which the project is located. The Project site has a,,GP Land Use designation of Commercial Mixed Use (CMU) that provides for retail, services, restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasi -public uses, and similar and compatible uses. Therefore, the Project is consistent with the GP. The current zoning for the subject site Commercial Mixed Use (CMU). The proposed use is identified as a permitted use subject to the approval of a Conditional Use Permit within the CMU zone. Further, the proposed commercial development will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The Project complies with the design directives contained in the LEMC and all applicable provisions of the LEMC. The Project is appropriate to the site and surrounding developments. The project is an infill development located at the southwesterly corner of Diamond Drive and Lakeshore Drive. The architectural design of the proposed building complies with the Nonresidential Development Standards (Chapter 17.112) of the LEMC. The architecture has been designed to achieve harmony and compatibility- with surrounding existing commercial buildings which will help to create a uniform appearance as one enters into the Diamond Specific Plan. The colors and materials proposed will assist in blending the architecture into the existing landscape and are compatible with other colors and materials used on other properties near the project site. In addition, safe and efficient circulation has been achieved onsite. 3. Conditions and safeguards pursuant to Chapter 17.184.070 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the LEMC, the Project was considered by the Commission at a duly noticed Public Hearing held on January 16, 2018. The Project, as Reso. No. 2018-025 Page 3of3 reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the Project will not result in a substantial change to the previously certified Environmental Impact Report. Therefore, no additional environmental review is necessary. Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Planning Application No. 2017- 53 (Commercial Design Review No. 2017-12). Section 5. This Resolution shall take effect immediately upon its adoption. Section 6. The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 13th day of February 2018, by the following vote. Nati ha Johnson Mayor Attes Susi' -bomen, MMC City Clerk STATE OF CALIFORNIA } COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2018-025 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of February 13, 2018, and that the same was adopted by the following vote: AYES: Council Members Hickman, Magee, Tisdale; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: None ABSTAIN: None Susi M. Domen, MMC City Clerk