HomeMy WebLinkAboutPC Reso No 2016-62 (CUP 2016-15)RESOLUTION NO. 2016-62
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.2016-15 FOR THE ESTABLISHMENT OF AN ACADEMIC
INSTRUCTION/TUTORING CENTER IN AN EXISTING APPROXIMATELY
11,000 SQUARE FOOT TWO-STORY BUtLDtNG LOCATED AT ApN: 3tZ-410-
048.
whereas, Brook Eddans, Fundamental Foundations has applied for the establishment of an
academic instruction/tutoring center in an existing approximately 11,000 square foot two-story
building (Project). The subject site is located at the southwestern corner of Collier Avenue andcrane street and more specifically referred to as 18421 collier Avenue. (ApN: 377-410-048);
and,
whereas, chapter 17.168 of the Lake Elsinore Municipal code (LEMC) provides that certain
uses have operational characterrstics 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 of Lake Elsinore (City) to comprehensively review and approve the use; and,
whereas, pursuant to LEMC chaptell7.168 (conditional use permits) the ptanning
commission of the city has been delegated with the responsibility of reviewing and approving,
conditionally approving, or denying Conditional Use permits; and,
whereas, on August 16, 2016, at a duly noticed Public Hearing, the planning commission has
considered evidence presented by the community Development Department and other
interested padies 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 I . The Planning commission has considered conditional use permit (cup) No. 2016-
15 for the proposed academic instruction/tutoring center 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 euality Act (cal. publ. Res. code SS21oo0et seq. "CEQA") and the State CEQA Guidetines (14. Cat. Code Regs SS15000 ei seq.;,
specifically pursuant to section 15301 (class 1 - Existing Facilities), becauie the proposed
establishment of an academic instruction/tutoring center is within an extsting building and
involves negligible or no expansion of use.
section 3. That in accordance with california Planning and Zoning Law and the LEMC section
17.168.060 (Findings), the Planning commission makes the fo owing findings regarding cUp
No. 2016-1 5:
1. That the proposed use, on its own merits and within the context of its setting, is in
accord with the oblectives of the General Plan and the purpose ofthe planning dtstrict
in which the site is located.
The proposed facility is located in the Business Professional (BP) General plan Land
Use Designation and the Commercial Manufacturing (C-M) Zoning Designation,
Reso No. 2016-62
Page 2 of 3
4.
5.
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which is asserled as being cors/slen, with the applicable General plan Land lJse
Designation. The proposed use is identified as a permitted use subject to the
approval of a CUP within the Zoning designation.
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 is located within an existing building and proposes no exterior
uses. The proposed use does not propose either direc y or indirec y any cletrimental
effects to the existing surrounding community. The Project has been conditioned as
such to avoid any possible negative impacls assocla ted with the conversion and
operation of the proposed facility.
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 submitted plans and attached Conditions of Approval.
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 trafiic
generated by the subject use.
The proposed use is located within an existing built environment, inclusive of srreefs.
The existing slreels are of adequate size to facititate safe and convenient
transpoftation to and from the site.
ln approving the subject use at the specific location, there will be no adverse effect
on abutting propertres or the permitted and normal use thereof.
The Conditional Use Permit has been thoroughly reviewed and conditioned by alt
applicable city depaftments thereby eliminating the potential for any adverse effects.
Adequate conditions and safeguards pursuant to LEMC 17.68.050, including
guarantees and evidence of compliance with conditions, have been lncorporated into
the approval of the subject project to ensure development of the property in
accordance with the objectives of thrs chapter and the planning district in which the
site is located.
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Pursuant to Sectlon 17.168.040 of the LEMC, the project was considered by the
Planning Commission at a duly noticed public Hearing on August 1 6, 2016,
appropriate and applicable Conditions of Approval have been included to protect the
public health, safety and general welf are.
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.
2016-15.
Section 5. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted at a Regular meeting of the Planning Commission this 16th day of August,
2016, by the following vote:
Reso No. 2016-62
Page 3 of 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2016-62 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at the Regular meeting of August 16,2016, and that the same was adopted by the
following vote:
AYES: Commissioner's Ross and Carroll, Vice-Chair Gray, and Chairman Armit
NOES: None
ABSTAIN: Commissioner Jordan
ABSENT: None
}SS
RESOLUTION:
PROJECT:
PROJECT NAME:
CONDITIONS OF APPROVAL
2016-XX & 2016-XX
cuP 2016-15
Fundamental Foundations
PROJECT LOCATION: APN 377-410-048
APPROVAL DATE: August 16,2016
EFFECTIVE DATE: August 31,2016
EXPIRATION DATE: August 16,2018
GENERAL CONDITIONS
1. The proposed project is a request by Brook Eddins, Fundamental Foundations for
the approval of Conditional Use Permit No. 2016-1 5 for the establishment of an
academic insiruction/tutoring center in an existing approximately 1 1 ,000 square foot
two-story building ("Project"). The subject site is located at the southwestern corner
of Collier Avenue and Crane Street and more specifically referred to as 1842'1 Collier
Avenue. (APN: 377-410-048).
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, and Agents from any claim'
action, or proceeding against the City, its Officials, Officers, Employees or Agents to
attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal
boards, or legislative body concerning the proposed project projects attached hereto
or any of the proceedings, acts or determinations made in connection therewith. 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 lrtigation, 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.
3. The decision of the Planning Commission shall be final fifteen (15) days from the
date of the decision, unless an appeal has been filed with the City Council pursuant
to the provisions of Chapter 17.168.070 of the Lake Elsinore Municipal Code.
4. Within 30 days of project approval and prior to issuance of any building permits, the
applicant shall sign and complete an "Acknowledgement of Conditions," and shall
return the executed original to the Community Development Department for
inclusion in the case records.
PLANNING DIVISION
5. Conditional Use Permit No. 2016-15; 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
Applica ts lnitials Page 1 of 4
cuP 2016-15
Conditions of Approval
PC:0811612016
CC: TBD
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7.
B.
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 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.
The Applicant is to meet all applicable City Codes and Ordinances.
The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the
Lake Elsinore Municipal Code (LEMC).
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 sublect
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.
A business license shall be obtained prior to a certificate of occupancy of the
proposed establishment.
10. There shall be no loitering in or around the business.
11. Conditional Use Permit 2016-15 shall be limited to the floor plan prepared by the
applicant and included in the stafi report. ln the event the applicant proposes to
modify the floor plan, the modification shall be subject to review by ihe Community
Development Director. The Community Development Director may approve the
modification or refer the matter to the Planning Commission if judged to be
substantial.
12. Business hours shall be from 8:00 a m. to 3:00 p.m. Monday through Thursday.
Class hours shall be from B:25 a.m. to 2:30 p.m. Monday through Thursday. Drop
off begins at 7.45am on class days. ln the event the applicant proposes to modify
the hours of operation, the modification shall be subject to review by the Community
Development Director. The Community Development Drrector may approve the
modification or refer the matter to the Planning Commission if judged to be
substantial.
A Temporary Use Permit or Special Event Permit, as applicable, shall be obtained
prior to conducting any and all outdoor events on the subject property.
The proposed and approved "parking loop" shall be reviewed by the Community
Development Director in six months after approval for any concerns that could result
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13.
14.
Appkcafils inilials Page 2 of 4
cuP 2016-15
Conditions of Approval
PC: 08/1612016
CC: TBD
in traffic congestion at the project site. The Community Development Director may
review and approve a modification to the "parking loop" or refer the matter to the
Planning Commission if judged to be substantial.
15. lf operation of this use triggers concerns related to parking, noise, traffic, or other
impacts, at the discretion of the Community Development Director, 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.
16. There shall be no outdoor storage or activities of any kind.
17. Any proposed exterior signage shall comply with Lake Elsinore Municipal Code, Title
17 requirements or adopted sign program for the Central Business Park.
BUILDING DIVISION
18. The Applicant is to meet all applicable Building Codes in effect at the time, including
requirements for the occupancy.
19. Any internal or external modifications to the building shall require a building permit
RIVERSIDE COUNTY SHERIFF DEPARTMENT
20. The applicant/operator shall comply with all requirements of the Riverside County
Sheriff Department.
RIVERSIDE COUNTY FIRE DEPARTMENT
21. The applicant/operator shall comply with all requirements of the Riverside County
Fire Department.
Applicants lnitials
-.*
Page 3 of 4
cuP 2016-15
Conditions of Approval
PC: 0B/1612016
CC: TBD
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 Planning Commission on August 16,
2016.1 also acknowledge that all Conditions shall be met as indicated.
Date.
Applicant's Signature:
Print Name:
Address:
Phone Number:
Applicants lrritials Page 4 of 4