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HomeMy WebLinkAboutPC Reso No 2018-07 (JACK IN THE BOX)RESOLUTTON NO.2018-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVE COMMERCIAL DESIGN REVIEW NO. 2017-12 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR A I,865 S.F. FAST FOOD RESTAURANT (JACK IN THE BOX) WITH A DRIVE-THRU LANE AND RELATED SITE IMPROVEMENTS (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 drive-thru lane and related site improvements (Project). The Project is located at the southwesterly corner of Diamond Drive and Lakeshore Drive (APN: 363-150-001, 002, 004, and 025); and, Whereas, pursuant to Chapter 17. 184 (Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to design reviews; and, Whereas, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 ef seq.. CEQA) and the State Guidelines for lmplementation of CEQA (14 C.C.R. SS 15000 et seq.: CEQA Guidelines), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed pOect (CEQA Guidelines Section 15006); and, Whereas, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and, Whereas, the Poect does not present substantial changes or new information regarding the potential environmental impacts of development; and, Whereas, on Januayl6, 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has reviewed and analyzed the proposed Project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code SS 59000 et seq.), the Lake Elsinore General Plan (GP), and the LEMC and finds and determines that the proposed Project is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the GP and the LEMC. PC Reso. No. 2018-07 Page 2 of 3 @!!4} 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), the P@ect proposes to establish a 1,865 S.F. fast food restaurant (Jack in the Box) with a drivethru lane and related site improvements on a predistrubed site. Section 3: That in accordance with Chapter '17.184 of the LEMC, the Commission makes the following findings regarding of Planning Application No. 2017-53 (Commercial Design Review No. 2017-12): 1. The Project, as approved, will comply with the goals and objectives of the GP and the zoning district in which the project is located. The Project s,te has a GP Land Use designation of Commercial Mixed Use (CMU) that provides for retail, se/v,ceg restaurants, professional and administrative offices, hotels and motels, mixed-use projects, public and quasi-public uses, and similar and compatible uses. Therefore, the Project ts consrstenf with the GP. The current zoning for the subject site 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 development w,// assrst in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The Project complies with the design directives contained in the LEMC and all applicable provisions of the LEMC. The Project is appropriate to the site and sunounding developments. The project is an infill development located at the southwesterly corner of Diamond Drive and Lakeshore Dive. The architectural design of the proposed building complies with the Nonresidential Development Standards (Chapter 17.112) ot the LEMC. The architecture has been designed to achieve harmony and compatibility with surrounding existing commercial buildings which will help to create a uniform appearance as one enters into the Diamond Specific Plan. The colors and materials proposed will assist in blending the architecture into the existing landscape and are compatible with other colors and materials used on other propefties near the project site. ln addition, safe and efficient circulation has been achieved onsite. 3. Conditions and safeguards pursuant to Chapter 17.'184.070 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Poect to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the LEMC, the Project was considered by the Commission at a duly noticed Public Hearing held on January 16, 2018. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the Project will not result in a substantial change to the previously ceftified Environmental lmpact Repott. Therefore, no additional environmental review is necessary. PC Reso. No. 2018-07 Page 3 of 3 section.4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the commission hereby approves Flanning Application No. 2017 -53 (Commercial Design Review No.201|7-12). 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 CALTFORNTA ) COUNTY OF RIVERSIDE ) ss. crTY oF LAKE ELSTNORE ) l, Justin Kirk, Principal Planner of the city of Lake Elsinore, california, hereby certify that Resolution No. 2018-07 was adopted by the Planning Commission of the City of LLke Elsinore, california, at a Regular meeting held of January 16, 2018, and that the same was adopted by the following vote: AYES: NOES: ABSENT: Commissioner Armit ABSTAIN: None Commissioner's Carroll, and Klaarenbeek; Vice-Chair Ross and Chairman Gray None Justin t Justin