HomeMy WebLinkAboutPC Reso No 2015-19RESOLUTTON NO. 2015-19
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2014-{'2
RELATED TO A REDUCTION OF THE REQUIRED LANDSCAPING
ADJACENT TO RESIDENTIAL DEVELOPIIIENT ON THE WEST SIDE
OF THE PROJECT SITE AND TO ALLOW THE PROPOSED
FREESTANDING PYLON SIGN TO EXCEED THE MAXIMUM HEIGHT
SET FORTH IN THE MUNICIPAL CODE FOR THE PROJECT SITE
LOCATED AT THE SOUTHWEST INTERSECTION OF RIVERSIDE
DRIVE AND JOY STREET (APN: 379-132{13)
WHEREAS, AGC Oesign Concept (the 'Applicant"), filed an application with the
City of Lake Elsinore requesting approval of Variance No. 2014-02, in conjunction with
Commercial Design Review No.2014-13 and Conditional Use Permit No.2014-09
which are collectively referred to herein as the 'Project"; and
WHEREAS, the Applicant proposes a 4,500 square foot convenience store with
associated 2,620 square foot canopy with five gasoline dispensers, and a 1,085
square foot carwash and associated improvements including, parking and landscaping
located at the southwest corner of Riverside Drive (Highway 74) and Joy Street; and
WHEREAS, through Variance No. 2014-02, the Applicant requests relief from
landscaping requirements for the C-2 (General Commercial) District as set forth in
Section 17.124.080(b) ofthe Lake Elsinore Municipal Code (LEMC); and to exceed the
maximum height for a freestanding sign as set forth in LEMC Section
17.194.210(a)(2)i and
WHEREAS, pursuant to LEMC Chapter 17.172 (Variances) the Planning
Commission of the City of Lake Elsinore has been delegated with the responsibility of
reviewing and approving, conditionally approving, or denying variances; and
WHEREAS, on March 17,2015 and April 7, 2015 at duly noticed public
hearings the Planning Commission has considered evidence presented by the
Community Development Department and other interested parties with respect to this
item.
NOW, THEREFORE, THE PLANNING COMi'IISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered Variance No.2014-02
for the proposed 4,500 square foot Circle K convenience store with a 2,620 square
foot canopy with five gasoline dispensers, a freestanding 1,085 square foot automated
caMash, a requested 3o-foot tall sign, parking and related landscaping prior to making
a decision and has found it acceptable with a reduction in the maximum height of the
freestanding sign from 3o-feet to 2s-feet in height.
PLANNING COMMISSION RESOLUTION NO. 2015.,I9
PAGE 2 OF 4
SECTION 2. The Planning Commission finds and declares that the project is
exempt from the California Environmental Quality Act (Cal. Publ. Res. Code SS21000et seq.:"CEQA") and the State CEQA Guidelines (14. Cat. Code Regs SS15000 et
seq.), specifically pursuant to Section 15332 (C/ass 32 - ln-Fill Development projects)
because the Project is consistent with the applicable General Plan designation and
policies, as well as zoning designation and regulations, the Project is within the City's
boundaries and on a site less than five acres surrounded by urban uses, the property
has no value as habitat, and approval of the Project will not result in any significant
effects relating to traffic, noise, air quality, or water quality and the project is
adequately served by all required utilities and public services.
SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code,
the Planning Commission makes the following findings for the approval of Variance
No. 2014-02:
1. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal
Code (LEMC) Section 17.172.050 have been incorporated into the approval of the
variance to ensure development of the property in accord with the objectives of the
General Plan and the purpose of the planning dishict in which the site is located.
The Lake Elsinore General Plan designates the project site and adjacent
propefty for General Commercial land uses. Although the proposed Vaiance
will reduce the buffer landscaping requirements for the C-2 (General
Commercial) District as set forth in Section 17.124.080(b); and to exceed the
maximum height for a freestanding slgn as set forth in Section 17.196.210(a)(2)
of the Lake Elsinore Municipal Code , the propose project will meet the
aesthetic and other General Plan objectives.
2. There are special circumstances, pursuant to the purpose of Chapter
17.172 of lhe LEMC, applicable to the subject property which do not apply generally to
other properties in the neighborhood, and, therefore, granting of the variance shall not
constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity and district in which the subject property is located.
The subject property has a unique sefting given that it is subject to street
dedications adjacent to both of the public right-of-ways, Riverside Drive
(Highway 74) and Joy Street, which it fronts. Said ight-of-way dedications
substantially reduce the developable poftion of the subject property. Therefore
a reduction in the landscaping butfer adjacent to the existing residential
development is required. The reduced landscaping will have a minimum impact
to the rest of the project site and it will be compatible with the landscaping on
nearby commercial development properties. The impact resulting from the
street dedications to the project site reduce the visibility of the project site to
drivers on Riverside Dive and therefore an increase in the height of the pylon
sign is appropiate. However, in order fo address the Planning Commission's
aesthetic concems only a 2ifoot high freestanding sign is acceptable.
PLANNING COMMISSION RESOLUTION NO. 2015.19
PAGE 3 OF 4
3. ln approving the variance, any reductions authorized from the strict
interpretation of the zoning ordinance represents the minimum deviation from this code
necessary to fulfill the purpose of this chapter and enable reasonable development of
the property.
The reduction of the required buffer landscaping and the increase of the height
for the proposed freestanding sign are minimal in that will still enable the project
to dedicate the additional right-of-way needed along both public ight-of-ways
and a 2*foot freestanding sign will complement the proposed project and it will
be compatible with the nearby commercialdevelopment properties.
SECTION 4. Based upon the evidence presented and the above findings, the
Planning Commission hereby approves Variance No. 2014-02.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 7th day of April 2015, by the
following vote:
ATTEST:
nning Commission
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2015-19
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-19 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 7th day of April 2015, and
that the same was adopted by the following vote:
AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMIUISSIONER ARMIT,
COMMISSIONER FLEMING, COMMISSIONER RAY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
)*
Richard J. lVl-acHott, LEED Green Associate