HomeMy WebLinkAboutCC Reso No 2018-113 Conditional Use Permit 2017-18 for 53,425 Sq Ft. BuildingRESOLUTION NO. 2018 -113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA APPROVAL OF CONDITIONAL USE PERMIT NO. 2017 -18 FOR
THE ESTABLISHMENT OF AN APPROXIMATELY 53,425 SQUARE FOOT
AUTOMOBILE SALES AND SERVICE FACILITY
Whereas, Tally CM submitted an application for A Conditional Use Permit to permit the operation
of a vehicle sales and repair facility and a Commercial Design Review application for development
of a 53,425 square foot of building.. The Project site is located on the southeast corner of the
intersection of Collier and Crane Avenues in Lake Elsinore, California and is comprised of three
parcels, totaling approximately 6.97 acres in size, and known as Assessor Parcel Numbers
(APNs) 377 - 080 -053, 377 - 080 -057, and 377 - 080 -079; 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 of Lake
Elsinore (City) to comprehensively review and approve the use; and
Whereas, pursuant to LEMC Chapter 17.186 (Conditional Use Permits) the Planning Commission
(Commission) has been delegated with the responsibility of making recommendations to the City
Council (Council) pertaining to Conditional Use Permits; and,
Whereas, on August 7, 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 LEMC Chapter 17.186 (Conditional Use Permits) the Council has the
responsibility of making decisions to approve, modify or disapprove recommendations of the
Commission for Conditional Use Permits; and;
Whereas, on August 14, 2018, at a duly noticed Public Hearing the Council has considered
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, CALIFORNIA,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. On August 14, 2018, 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 Council adopted
Resolution No. 2018 -113 finding and determining that the Mitigated Negative Declaration is
adequate and prepared in accordance with the requirements of CEQA.
Section 2. That in accordance with California Planning and Zoning Law and the LEMC Section
17.168.060 (Findings), the Council makes the following findings regarding Conditional Use Permit
No. 2017 -18:
CC Reso. No. 2018 -113
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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 subject site is located in the Business District and has a land use designation of General
Commercial. The General Commercial land use designation has a FAR of 0.4 and the
project has a total FAR 0. 18, thus complying with the General Plan FAR requirements. The
primary goal of the Business District is to encourage its position as the industrial and
commercial hub of the City and to ensure that new growth respects the environmental
sensitivity of the natural wetlands, floodway and floodplain. Furthermore, the goal of the
Business District is to support a vibrant commercial and industrial hub with high quality
developments that have a strong orientation towards major corridors. Because the proposed
project complies with the FAR requirements and creates development that is oriented to
major corridors and facilitates further commercial development within a commercial hub the
proposed project is found to be consistent with the General 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.
The proposed use is to be located within a proposed new development, which does not
propose a development which would be detrimental or injurious to the neighborhood or the
City. The project has been conditioned as such to avoid any possible negative impacts
associated with the conversion and operation of the proposed facility.
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 this title.
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 attached conditions of approval.
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 use is located within an existing built environment, inclusive of streets. The
existing streets are of adequate size to facilitate safe and convenient transportation to and
from the site. Conditions of Approval have been proposed which require additional
infrastructure to reduce potential impacts, consistent with the Mitigated Negative
Declaration.
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.
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, including guarantees
and evidence of compliance with conditions, have been incorporated into the approval of
CC Reso. No. 2018 -113
Page 3 of 3
the subject project to ensure development of the property in accordance with the objectives
of this chapter and the planning district in which the site is located.
Pursuant to Section 17.168.040 of the LEMC, the Project was considered by the Council at
a duly noticed Public Hearing on August 14, 2018, appropriate and applicable conditions of
approval have been included to protect the public health, safety and general welfare.
Section 3. Based upon the evidence presented, the above findings, and the Conditions of
Approval, the Council hereby approves Conditional Use Permit No. 2017 -18.
Section 4. This Resolution shall take effect immediately upon its adoption.
Section 5. 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 14th day of August 2018.
Attest:
Susan M. 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 -113 was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of August 14, 2018, and that the same was adopted by the
following vote:
AYES: Council Members Hickman, Magee and Tisdale; Mayor Pro -Tem Manos and Mayor Johnson
NOES: None
ABSENT: None
ABSTAIN: None
Susan M. Domen, MMC
City Clerk