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Home My WebLink AboutCC Reso No 2018-002 Commercial Design Review 2017-10 APN: 377-040-034RESOLUTION NO. 2018-002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2017-10 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR A 2,500 SQUARE FOOT RESTAURANT WITH A DRIVE-THROUGH LOCATED WITHIN THE LAKE ELSINORE MARKETPLACE SHOPPING CENTER (APN: 377-040-034) Whereas, Don Howells, RAF Pacifica Group has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-47 (Conditional Use Permit No. 2017- 16 and Commercial Design Review No. 2017-10) for the design and construction of a 2,500 -sq. ft. Popeye's fast-food restaurant with a drive-through located within the Lake Elsinore Marketplace shopping center (Project). The Project is located at the northwesterly corner of Central Avenue F and Cambern Avenue (APN: 377-040-034); 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, Final Environmental Impact Report No. 2004-03 (SCH No. 2004021018) was certified in 2004 by the Council for the entire Lake Elsinore Marketplace shopping center. The EIR analyzed all the potential impacts that could result with the complete build -out of the project, which contemplated development of commercial retail development; and, Whereas, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and, Whereas, on December 5, 2017, at a duly noticed Public Hearing the Commission has considered evidence presented by the CDD 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 January 9, 2018, at a duly noticed Public Meeting; the Council has considered the recommendation of the Commission as well as evidence presented by the CDD and other interested parties with respect to this item. Reso. No. 2018-002 Page 2 of 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 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 no new CEQA documentation is necessary. All potentially significant impacts have been avoided or mitigated pursuant to the earlier EIR and none of the conditions described in Section 15162 exist. Final EIR No. 2004-03 (SCH# 2004021018) was certified in 2004 by the Council for the entire Lake Elsinore Marketplace shopping center. The EIR analyzed all the potential impacts that could result with the complete build -out of the project. Approval of the Project will not change density or intensity of use; it simply establishes standards for color palettes, articulation, orientation, and design of the commercial development. No substantial changes which require major revisions to the EIR exist and no new information of substantial importance which require revisions to the earlier EIR exist. Section 3: That in accordance with Chapter 17.184 of the LEMC, the Council makes the following findings regarding of Planning Application No. 2017-47 (Commercial Design Review No. 2017- 10): 1. 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 General Commercial (GC) 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 with a maximum 0.45 Floor Area Ratio (FAR). The project is proposing to develop a drive-through restaurant with 0.07 FAR. Therefore, the Project is consistent with the GP. The current zoning for the subject site General Commercial (C-2). The proposed use is identified as a permitted use subject to the approval of a Conditional Use Permit within the C-2 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 within the Lake Elsinore Marketplace. 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 Lake Elsinore Marketplace shopping center. 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 Reso. No. 2018-002 Page 3 of 3 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 December 5, 2017. The Project, as 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- 47 (Commercial Design Review No. 2017-10). 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 9th day of January 2018. Attest: v Susan . Domen, 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. 2018-002 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting of January 9, 2018, and that the same was adopted by the following vote: AYES: Council Members Tisdale and Magee; Mayor Pro -Tem Manos and Mayor Johnson NOES: None ABSENT: Council Member Hickman ABSTAIN: None Susan M. Domen, MMC City Clerk