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HomeMy WebLinkAboutPC Reso No 2017-05 (CUP 2016-19)RESOLUTION NO. 2017-05 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF CONDITIONAL USE PERMIT 2016.00019 FOR THE ESTABLISHMENT OF OUTDOOR DINNING, INCLUDING ALCOHOL SALES LOCATED WITHIN A 2,263 SF OUTDOOR OINNING PATIO AT APN: APNS 374-'173- 006 AND 374-173-011 Whereas, Hansen McCoy lnvestments, LLC for the approval of building design plans for an approximately 2,263 SF outdoor dining patio and the establishment of alcohol sales in the outdoor dining patio. The proposed proiect is located at 169 N. Main Street, generally located at the 300 -0" northeast of intersection of North Main Street and West Peck Street and more specifically referred to as APNs 37 4-17 3-006 and 374-173-011 , and, Whereas, Chapter 17.168 of the Lake Elsinore Municipal Code (LEMC) 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 (CUP), which allows the City to comprehensrvely review and approve the use; and, Whereas, the proposed project is exempt from the 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 15332 (C/ass 32 - lnfill Development)., and, Whereas, pursuant to Downtown Master Plan (DMP) Section 1.2.8 (Review of Projects) the Planning Commission (Commission) has been delegated with the responsibility of making reviewrng and taking action on CUP's and Design Review applications; and, Whereas, on January 17, 2017, 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 1. The Community Development Director has previously determined that the use of the adjacent existing building for a restaurant with alcohol sales is a permitted use and that the ProJect would be a permitted use, subject to obtaining a CUP. Section 2. The Commission finds proposed project is exempt from the 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 15332 (Class 32 - lnfill Development) 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, 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 California Planning and Zoning Law and the LEMC Section 17.168.080 Findings, the Commission makes the following findings regarding CUP No. 2016- OOO19: Reso No. 2017-05 Page 2 of 3 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 use is located in the Commercial Mixed Use General Plan Land use designation and the Commercial Mixed Use, which ls asserfed as being conslsfenf with the applicable General Plan Land Use Designation. The proposed use ls identified as a permitted use subiect to the approval of a CUP within the Zoning designation. 2. fhe 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 is located on private propefty and is appropriately fenced from public areas. The proposed use of an outdoor dining patio does not create adverse impacts to the adjacent commercial and residential uses and does not create injurious to property or other improvements. 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 atl applicable sectlons of the LEMC and the Downtown Masterplan and witl complement the existing uses, based on the submitted plans and 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 properties or the permilted 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 thjs chapter and the planning district in which the site is located. Pursuant lo Secllon 17.168.040 of the LEMC, the Project was considered by the Commission at a duly noticed Public Hearing on January 17, 2017, appropriate and Reso No. 2017-05 Page 3 of 3 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. 2016-00019 Section 5. This Resolution shall take effect from and after the date of its passage and adoption. Passed and Adopted this '17th day of January 2017 . CITY OF LAKE ELSINORE l, Justrn Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2017-05 was adopted by the Planning Commission of the City of Lake Elsinore at a Regular meeting of January 17 ,2017, and that the same was adopted by the following vote. AYES: Commissioner's Ross, Carroll, Klaarenbeek; and Vice-Chair Gray NOES: None ABSTAIN: None ABSENT: Chairman Armit Adam Armit, Chairman STATE OF CALIFORNIA COUNTY OF RIVERSIDE RESOLUTIONS: PROJECT NUMBER: PROJECT NAME: PROJECT LOCATION: APPROVAL DATE: EXPIRATION DATE: GENERAL CONDITIONS CONDITIONS OF APPROVAL 2017-03, 2017-04 & 2017-05 PA2016-4'1 CUP 2016-0019 and CDR 2017-00001) Stadium Pizza APNs 374-173-006 AND 374-173-011 January 17,2017 January 17,2019 1.Planning Application 2016-00041 consists of the approximately 2,263 SF outdoor dining patio and the establishment of outdoor dining, including alcohol sales in the outdoor dining patio. The proposed project is located at 169 N. Main Street, generally located at the 300'- 0" northeast of intersection of North Main Street and West Peck Street and more specifically referred to as APNs 374-173-006 and 374-173-011. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and Consultants agents (collectively referred to individually and collectively as "lndemnities") from any claim, action, or proceeding to attack, set aside, void, or annul an approval by lndemnitees concerning approval of the project, or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by lndemnities and costs of suit, claim or litigation, including without limitation attorneys'fees, penalties and other costs, liabilities and expenses incurred by lndemnities in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. lf the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. Within 30 days of project approval, the applicant shall sign and return the final Conditions of Approval to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Conditional Use Permit No. 2016-00019 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: ('1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been 2 3. Applicants lnitials Page 1 of 6 lJ \Pl.. AN N I NG\Resolutions\20 1 7\Reso 201 7 (3&4 COA).docx 5 granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the conditional use permit application. Commercial Design Review No.2017-00001 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditions of approval. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. Grading plan revisions shall be reviewed by the City Engineer. The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right-of- way No individual signs are approved as parl of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. OR The applicant shall submit a sign program for review and approval of the Planning Commission prior to installation. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 6 7. B 10. 11. Page 2 of 6 L Applicants irritrltl$: 12.Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity 7:00 a.m. - 5.00 p.m., Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8.00 a.m. and shall cease no later than 4:00 p.m. with no construction activity to occur on Sundays or legal holidays. The sign shall identify the name and phone number of the development manager to address any complaints. Graffiti shall be removed within 24 hours. Prior to the issuance of a building permit the property merger shall be recorded. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. An application for modification, expansion or other change in a conditional use permit shall be reviewed according to the provisions of the Lake Elsinore Municipal Code, Title 17 in a similar manner as a new application. 18. There shall be no loitering in or around the business. 19. lf operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director or designee, this conditional use permit may be referred back to the Planning Commission for subsequent review at a public hearing. lf necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional use permit. 20. Applicant shall submit to the City's acting Police Chief a Security Plan prepared to the Chief's satisfaction outlining implementation of the following measures, which shall be monitored by the Police Department. At a minimum, the security plan shall provide the following: a) A Closed Circuit Television System capable of viewing and recording events inside the premises, including the entrance and exits doors to restroom/locker room facilities, courts, food concession facilities, and visitor viewing/seating areas. b) A Closed Circuit Television System capable of viewing and recording events immediately outside the premises, including all entrance/exit doors, outside perimeter walls, and parking areas. c) A tape or disc storage library of recorded cameras kept for a minimum of 60 days. BUILDING AND SAFETY 13 14. 15 16 17. GENERAL CONDITIONS Page 3 of 6 I 21 . Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 22. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes: 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 20'13 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code. 23. The application shall provide 10olo voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. 24. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a) All ground floor units to be adaptable. b) Disabled access from the public way to the entrance ofthe building. c) Van accessible parking located as close as possible to the main entry. d) Path of accessibility from parking to furthest point of improvement. e) Path of travel from public right-otway to all public areas on site, such as club house, trach enclosure tot lots and picnic areas. 25. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. 26. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 27. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 28. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 29. On-site sewer and water plans will require separate approvals and permits. 30. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. AT PLAN REVIEW SUBMITTAL Applicanis lnitials Page 4 of 6 31. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a) An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b) A Sound Transmission Control Study in accordance with the provisions of the Section 1207 , of the 2013 edition of the California Building Code. c) A precise grading plan to verify accessibility for the persons with disabilities. d) Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. PRIOR TO ISSUANCE OF GRADING PERMIT(S) 32. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 33. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. PRIOR TO ISSUANCE OF BUILDING PERMIT(S) 34. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. 35. A pre-construction meeting is required with the building inspector prior to the start of the building construction. RIVERSIDE COUNTY FIRE DEPARTMENT 36. The applicant/operator shall comply with all requirements of the Riverside County Fire Department. I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City of Lake Elsinore City Council on October 25, 2016. I also acknowledge that all Conditions shall be met as indicated. Date. Applicant's Signature. Print Name: ,rippltcants lrritials Page 5 of 6 - AddresS: Phone Number: Page 6 of 6Applicants lrritials.