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HomeMy WebLinkAboutPC Reso No 2018-47 (Starbucks, CUP 2018-04)RESOLUTTON NO.201847 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 CONDITIONAL USE PERMIT NO. 2018.04 TO ESTABLISH A 2,500 SQUARE FOOT COFFEE SHOP WITH A DRIVE. THROUGH LOCATED wlTHIN THE LAKE ELSINORE TOWN CENTER (APN: 365-280- 007) Whereas, Maikel Faragalla, Urban Dwell Architects has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-29 (Conditional Use Permit No. 2018-04 and Commercial Design Review No. 20l8-07) for the design and construction a 2,500 sq. ft- Starbucks coffee shop with a drive{hrough located within the Lake Elsinore Town Center shopping center (Project). The Project site is located on the westerly side of Mission Trail, northerly of Malaga Road, and southerly of Campbell Street (APN: 365-280-007); and, Whereas, Chapter 'l 7.168 of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on the location and design ofthe 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 Chapter 1 7.168 (Conditional Use Permits) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the Council pertaining to conditional use permits; and, Whereas, on July 17, 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 COTUIMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERTI,IINE AND ORDER AS FOLLOWS: 9gg!!4[ The Commission has considered the Project prior to making a recommendation to the Council and has found it acceptable. Section 2: The Commission finds that the proposed Project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code SS21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. SS 15000 et seq.) pursuant to CEQA Guidelines Section 15332 ln-Fill Development Projects. The Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, and is within the City's boundaries on a site less than five acres surrounded by urban uses. The subject property has no value as habitat for endangered, rare or threatened species. 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 LEMC Section 17.168.080 Findings, the Commission makes the following findings regarding Planning Application No. 2018-29 (Conditional Use Permit No. 2Q18-04): PC Reso. No. 2018-47 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 (GP)and the purpose of the planning district in which the site is located. The Project has a GP Land Use designation of Commercial Mixed Use (CM) and is located in the Ballpark Distict. The CM Land Use designation provides for a mix of residential and non- residential uses within a single proposed development area, with an emphasis on retail, seNice, civic and professional office uses. The project is proposing to develop a drive-through coffee shop within an existing shopping center- The Project ,.s cons,stent with the GP. The cunent zoning for the subject site is Commercial Mixed Use (CMU). Drive-through food establishments are permifted uses subTect to a Conditional Use Permit approval in the CMU zone. Fufther, the proposed commercial Project willassrst i,h achieving the development of a well-balanced and functional mix of residential, commercial, industial, open space, recreational and institutional land uses. 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 does not propose either directly or indirectly any detrimental effects to the existing sunounding communry. The Project has been conditioned as such to avoid any possrb/e negative rmpacts assoc,ated wrth the proposed Project. 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 f,as been analyzed and staff has determined that the proposed use meels all applicable sectiors of the LEMC and will complement the existing uses, based on the submitted plans and the conditions of approval imposed on the PAed. 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 exrstrng sfreets are of adequate size to facilitate safe and convenient transpoiation to and from the site. ; 5. ln approving thesubject us! 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 17.168.050, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject pOect to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. PC Reso. No. 2018-47 Page 3 of 3 Pursuant to Section 17.168.040 of the LEMC, the Project was considered by the Commission at a duly noticed Public Hearing on July 17, 2018, 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 Conditions of Approval imposed upon the Project, the Commission hereby recommends that the Council approve Planning Application No. 2018-29 (Conditional Use Permit No. 2018-04). Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 17th day of July, 2018, by the following vote: STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2018-47 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of July 17,2018, and that the same was adopted by the following vote: AYES: Commissioner's Armit, Carroll and Klaarenbeek; Vice-Chair Ross and Chairman Gray NOES: None ABSENT: None ABSTAIN: None ) ) ss. ) Justin I