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HomeMy WebLinkAboutPC Reso No 2016-68 (HOTEL,DRIVE THRU BERTH DOCK)RESOLUTION NO.2016-68 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF CONDITIONAL USE PERMIT NO. 2011.03 FOR THE ESTABLISHMENT OF AN APPROXIMATELY 53,128 SQUARE FOOT HOTEL, DRIVE.THRU, AND 15 BERTH DOCK USE LOCATED AT APN: 38'l-030-005 Whereas, Larry l\4arkham of MDMG on behalf of John Gamble (the Applicant) has requested approval of Conditional Use Permit 201 1-03 for the establishment of a hotel, drive through restaurant, and a 15 slip boat dock (Project); 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, which allows the City to comprehensively review and approve the use; and. Whereas, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) the Planning Commission 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 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 Planning Commission has considered Conditional Use Permit No. 2011-03 for the proposed Beach Resort prior to making a decision and has found it acceptable. Section 2. On August 16, 2016, after consideration and evaluation of all written reports and comments and oral testimony presented by the Communrty Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record of the noticed Public Hearing on the Project, the Planning Commission adopted Resolution No. 2016-66 finding and determtning that that the Mitigated Negative Declaration (MND) (SCH# 2012121034) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEaA); that a 30-day public review period ran from February 16, 2016 to March 16, 2016. Based upon those findings and determinations, the Planning Commission by Resolution No. 2016-66 recommended that the City Council approve the MND. Section 3. That in accordance with California Planning and Zoning Law and the LEMC Section 17.168.060 (Findings), the Planning Commission makes the following findings regarding Conditional Use Permit No. 2016-07: 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. Reso No.2016-68 Page 2 of 3 The proposed facility is located in the Limited lndustrial General Plan Land use designation and the CMU - Commercial Mixed Use land use designation, which is asserted as bemg consistent with the applicable General Plan Land Use Designation. The proposed use is identified as a permitted use subject to the approval of a Conditional Use Permit within the Zoning designation. 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 is to be located within a proposed new development, which does not propose a development which would detrimental or injurious to the neighborhood or the City. The Project has been conditioned as such to avoid any possible negative rmpacts assoclated with the conversion and operation of the proposed facility. 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 sectlons of the LEMC and will complement the existing uses, based on the submitted plans and attached 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 /ocated within an existing built environment, inclusive of streets. The exlslmg slreeis are of adequate size to facilitate safe and convenient transpoiation to and from fFle slte. 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 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 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 Planning Commission at a duly noticed Public Hearing on August 16,2016, 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 attached Conditions of Approval, the Planning Commrssion hereby recommends that the City Council of the City of Lake Elsinore, California, approves Conditional Use Permit No. 201 1-03. Section 5. This Resolution shall take effect immediately upon its adoption. Reso No. 2016-68 Page 3 of 3 Passed and Adopted this 16th day ofAugust 2016, by the following vote: Adam Armit, Chairman 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. 2016-68 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 Jordan, Ross and Carroll, Vice-Chair Gray; and Chairman ArmitNOES. None ABSTAIN: None ABSENT: None ).'