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HomeMy WebLinkAboutPC Reso No 2017-05 (CUP 2016-19) (2)RESOLUTION NO. 20,I7-05 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 DINNING 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 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 374-173-01 1; 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 comprehensively review and approve the use; and, Whereas, the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code $$21000 et seq.:"CEQA") and the State CEQA Guidelines (14 Cal. Code Regs SS15000 et seq.), specifically pursuant to Section 1 5332 (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 reviewing and taking action on CUP's and Design Review applicationsi and, Whereas, on January 17, 2017, at a duly noticed Public Heartng 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 Prolect 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. 20'16- 00019: 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 ofthe planning district in which the site is located. The proposed use ls /ocafed in the Commercial Mixed Use General Plan Land use designation and the Commercial Mixed Use, which is asserted as being consisten, with the applicable General Plan Land Use Designation. The proposed use is identified as a permitted use subject 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 property 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 propefiy 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 meels all applicable sectlons of the LEMC and the Downtown Masterplan and will 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 streefs. The existing streefs are of adequate size to facilitate safe and convenient transporlation to and from the site. 5. In 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 a applicable City depaftments 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 conditrons, 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 LEMC, the Project was considered by the Commission at a duly noticed Public Hearing on January 17, 2017, appropriate and Reso No. 2017 -Os Page 3 of 3 applicable Conditions of Approval have been included to protect the public heatth, safety and general welfare. Section 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commlssion hereby approves Conditional Use permit No. 2016-00019. Section 5. This Resolution shall take effect from and after the date of its passageand adoption. Passed and Adopted this 17th day o'f January 2017 . CITY OF LAKE ELSINORE l, Justin 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 GrayNOES: None ABSTAIN. None ABSENT: Chairman Armit Adam Armit, Chairman STATE OF CALIFORNIA