Loading...
HomeMy WebLinkAboutPC Reso No 2016-43 (McDohnalds Drive-thru-CUP)RESOLUTION NO. 2016-43 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO, 2016.05 FOR THE MODIFICATION OF AN EXISTING MCDONALD'S DRIVE- THRU RESTAURANT BY ADDING A SECOND DRIVE.THRU LANE LOCATED AT APN: 377-120-053 WHEREAS, Zorah Mariano, Stantec Architecture, lnc. has requested approval of Conditional Use Permit No. 2016-05 to modify an existing previously approved McDonald's Drivethru Restaurant by adding a second drivethru lane ("project"). The proposed Project rs specifically located at 18283 Collier Ave and is generally located southwest of Collier Avenue and northeast of Central Avenue. (APN: 377 -120-OS3); 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 a modification, expansion or other change in a conditional use permit; and WHEREAS, on June 7,2016, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other tnterested 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 1. The Planning Commission has considered Conditional Use permit No. 20'16-05 for the proposed Project prior to making a decision and has found it acceptable. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. publ. Res. Code SS21000 et seq. "CEQA") and the State CEQA Guidelines (14. Cal. Code Regs SS15000 et seq.), specifically pursuant to Sectron 15301 (Class 1 - Existing Facilities); because the proposed Project involves a minor alteration of the layout of ihe subject property. The project is only proposing to remove two (2) existing parking spaces to install a second drive-thru Iane, repair existing landscaping, and modify existing accessible parking spaces and sidewalks. SECTION 3. That in accordance with California Planning and Zoning Law andthe Lake Elsinore Municrpal Code Section 17 168.080 Findings, the planning PLANNING COMMISSION RESOLUTION NO. 201543 PAGE 2 OF 4 Commission makes the following findings regarding Conditional Use Permit No.2016- 05: '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 proposed facility is located in the General Commercial General Plan Land use designation and the C-2 - General Commercial Zoning designation, which is asserfed as being consistent with the applicable General Plan Land Use Designation. The proposed use ls identified as a permitted use subject to the approval of a Conditional Use Permit within the Zoning designation. 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 Project is proposing to add a second drive-thru lane for the existing restaurant which will reduce stacking and improve circulation pattern for the project site. The proposed use does not propose either directly or indirectly any detrimental effects to the existing surrounding community. The project has been conditioned as such to avoid any possible negative impacts assoclafed with the proposed modification. 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 meefs all applicable sectlons 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 transpoftation to and from the site. 5. ln approving the subject use at the specific location, there will be no adverse effect on abutting propedies or the permitted and normal use thereof. PLANNING COMMISSION RESOLUTION NO. 2016-43 PAGE 3 OF 4 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 Sectlon 17.168.040 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on June 7, 2016, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby approves Conditional Use Permit No. 2016-05. 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 June 2016, by the following vote: elly Jordr rman City of Lake Elsinore Planning Commission rk, Plan ner PLANNING COMMISSION RESOLUTION NO. 2016.43 PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2016-43 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 7th day of June 2016 and that the same was adopted by the following vote: AYES: Chairman Jordan, Vice Chair Armit, Commissioner Gray and Commissioner Ray NOES: None ABSTAIN: None ABSENT: None }SS