HomeMy WebLinkAboutPC Reso No 2015-20RESOLUTION NO. 2015.20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2OI4-09; FOR THE DEVELOPMENT OF A GASOLINE
DISPENSING ESTABLISHMENT IN CONJUNCTION WTH BEER AND
WINE SALES, AND A FREESTANDING I,085 SQUARE FOOT DRIVE-
THRU AUTOMATED CARWASH FOR THE PROPOSED PROJECT AT
THE VACANT LOT LOCATED AT THE SOUTHWEST INTERSECTION
OF RIVERSIDE DRIVE AND JOY STREET.
WHEREAS, AGC Design Concept, ('Applicant"), has filed an application with
the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2014-09
(Project") in conjunction with Commercial Design Review No. 2014-13 and Variance
No. 2014-02, which are collectively referred to herein as the "Project"; and
WHEREAS, the Applicant proposes a 1,085 square foot drivelhru automated
caMash and associated improvements including, parking and landscaping located at
southwest intersection of Riverside Drive (Highway 74) and Joy Street; and the sale of
beer and wine for off-premises consumption; and
WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code 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, pursuant to LEMC Chapter '17.168 (Conditional Use Permits) the
Planning Commission of the City of Lake Elsinore has been delegated with the
responsibility of reviewing and approving, conditionally approving, or denying
conditional use permits and 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 COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION L The Planning Commission has considered Conditional Use Permit No.
2014-09 for the proposed 1,085 square foot drive-thru automated caMash and for the
sale of beer and wine with the associated 4,500 square foot convenience store with
associated 2,620 square foot canopy with five gasoline dispensers and associated
improvements and prior to making a decision and has found it acceptable.
PLANNING COMMISSION RESOLUTION NO, 2015-20
PAGE 2 OF 5
SECTION 2. The Planning Commission finds and declares that the project is
exempt from the California Environmental Quality Act (Cal. pubt. Res. Code SS2lOOOet seq.:"CEQA") and the State CEQA Guidelines (14. CaL Code Regs gg15000 et
seq.), specifically pursuant to Section 15332 (C/ass 32 - ln-Fill Devetopment 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 Lake Elsinore Municipal Code
Section 17.168.080 Findings, the Planning Commission makes the following findings
regarding Conditional Use Permit No. 2014-09:
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 automated dive-thru caruvash use and for the sale of beer and wine;
when an establishment is engaged in the concunent sale of motor vehicle
fuel with alcoholic bevenges are appropiate to the site and sunounding
developments. The project r.s consrsfenf with goals and policies of the
General PIan and complies with all development standards. ln addition,
safe and efficient circulation has been achieved onsite.
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 depaftments and agencies have been afforded the
opportunity to review the Conditional Use Permit and their comments have
been addressed in the conditions of approval aftached to the staff repoft for
this Project. Conditions have been applied relating to the proposed use, so
as to eliminate any negative impacts to the general health, safety, comforT,
or general welfare of the sunounding commercial development and the City.
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 Conditional Use Permit is for the development and operation
of a new automated drive-thru carwash facility and for the sale of beer and
wine when an establishment is engaged in the concunent sale of motor
vehicle fuel with alcoholic beverages. The proposed use has been analyzed
and staff has determined that the proposed use meefs all applicable
PLANNING COMMISSION RESOLUTION NO. 2015-20
PAGE 3 OF 5
secf,bns of the Lake Elsinore Municipal Code and will complement the
existing useg based on the submitted plans and aftached conditions of
approval. The sale of beer and wine a/so represents the transfer of an
existing license to an adjacent location and therefore will not result in an
increase in the number of /rbenses in vicinity of the project site.
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
oftraffic generated by the subject use.
The proposed design, development and operation of the automated dive-
thru carwash facility with the associated 4,500 square foot convenience
store with assocrafed 2,620 square foot canopy with five gasoline
dr.spensers and associated improvements has been reviewed in relation to
the width and type of pavement needed to cany the type and quantity of
traffic generated. The City has analyzed the proposed pa*ing for the site
against Chapter 17.148 (Parking Requirements) of the Lake Elsinore
Municipal Code (LEMC) and based on the submifted plans and the aftached
conditions of approval, has determined that the proposed use will meet all
requirements of Chapter 17.148.
5. ln 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 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 Lake Elsinore Municipal Code, the
Project was considered by the Planning Commission at duly noticed public
heaings on March 17, 2015 and Apil 7, 2015.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached amended Conditions of Approval, the Planning Commission hereby approves
Conditional Use Permit No. 2014-09.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PLANNING COMMISSION RESOLUTION NO. 2015.20
PAGE 4 OF 5
PASSED, APPROVED AND ADOPTED this 7th day of April 2015, by the
following vote:
Commission
Planning Manager
ATTEST:
PLANNING COMMISSION RESOLUTION NO. 2015.20
PAGE 5 OF 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Richard J. MacHoft, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-20 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 7h day of April 2015, and
that the same was adopted by the following vote:
)*
AYES:
NOES:
ABSTAIN:
ABSENT:
CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT,
COMMISSIONER FLEMING, COMMISSIONER RAY
NONE
NONE
NONE
Planning Manager