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HomeMy WebLinkAboutPC Reso No 2018-06 (JACK IN THE BOX)RESOLUTTON NO.20{8-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMi,IENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVE CONDITIONAL USE PERMIT NO.2017-17 TO ESTABLTSH A 1,865 S.F. FAST FOOD RESTAURANT (JACK lN THE BOX) WITH A DRIVE-THRU LANE AND RELATED SITE IMPROVEMENTS LOCATED AT THE SOUTHWESTERLY CORNER OF THE INTERSECTION OF DIAII'IOND DRIVE AND LAKESHORE DRIVE (APN: 363-150-001, 002,004 AND 025) Whereas, David Beshay, Beshay Foods, lnc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2017-53 (Conditional Use Permit No. 2017-17 and Commercial Design Review No. 2017-12) for the design and construction of a 1,865 S.F. fast food restaurant (Jack in the Box) with a drivethru lane and related site improvements (Project). The Project is located at the southwesterly corner of Diamond Drive and Lakeshore Drive (APN: 363-150-001, O02,004 and 025); and, Whereas, Chapter 1 7.',l68 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on the location and design ofthe 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 Chapter 17.168 (Conditional Use Permits) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to conditional use permits; and, Whereas, on January 16,2018 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section t The Commission has considered the Project prior to making a recommendation to the Council and has found it acceptable. Section 2: The 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 Section 15303 (Class 3 - New Construction or Conversion of Small Structures) as the Project proposes to establish a 1,865 S.F. fast food restaurant (Jack in the Box) with a drive-thru lane and related site improvements on a predistrubed site. Section 3. That in accordance with LEMC Section 17.168.080 Findings, the Commission makes the following findings regarding Planning Application No. 2017-53 (Conditional Use Permit No. 2017 -17): 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 (GP) and the purpose of the planning district in which the site is located. PC Reso. No.2018-06 Page 2 of 3 The Project s,te has a GP Land Use designation of Commercial Mixed Use (CMU) that provides for retail, servrces, restaurants, professional and administrative offices, hotels and motels, mixed-use pro.lects, public and quasi-public useg and similar and compatible uses. Therefore, the Project rs consislenf with the GP. The cunent zoning for the subject site is Commercial Mixed Use (CMU). The proposed use is identified as a permitted use subject to the approval of a Conditional Use Permit within the CMU zone. Fufther, the proposed commercial Project 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 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 does not propose either directly or indirectly any detimental effects to the existing sunounding community. The Project has been conditioned as such to avoid any possib/e negative impacts associated 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 meets all applicable sections of the LEMC and will complement the existing uses, based on the submifted plans and the Conditions of Approval imposed on the Project. 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 upon a predistrubed site which fronts existing paved streets. The exist ng streets are of adequate size to facilitate safe and convenient transpottation to and from the site. 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 ail applicable City depaftments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to LEMC 17.168.050, 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 LEMC, the Project was considered by the Commission at a duly noticed Public Hearing on January 16,2018, 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 Conditions of Approval imposed upon the Project, the Commission hereby recommends that the Council approve Planning Application No. 2017-53 (Conditional Use Permit No.2017-17). PC Reso. No. 2018-06 Page 3 of 3 Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 16th day of January, 2018, by the following vote: STATE OF CALIFORNIA COUNry OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss. ) l, Justin Kirk, Principal Planner of the city of Lake Elsinore, california, hereby certify that Resolution No. 2018-06 was adopted by the Planning Commission of the City of Lake Eljinore, california, at a Regular meeting held of January 16,2018, and that the same was adopted by the following vote: AYES: Commissioner's Carroll, and NOES: None ABSENT: Commissioner Armit ABSTAIN: None Klaarenbeek; Vice-Chair Ross and Chairman Gray Justin Kirk, I