Loading...
HomeMy WebLinkAboutPC Reso No 2018-54 (Chick-Fil-A, PA 2018-25)RESOLUTION NO. 2OI8-54 A RESOLUTION OF THE PLANNING COII'ITIISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVE CONDITIONAL USE PER IT NO. 2OI8-02 TO ESTABLISH A 4,801 SQUARE FOOT RESTAURANT wlTH A DRIVE- THROUGH LOCATED AT APN: 377-080-084 Whereas, Robert Lombardi,4G Development lnc. has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 20'18-25 (conditional Use Permit No. 2018-02 and Commercial Design Review No. 2018-06) for the demolition ofan existing 7,750 sq. ft. Lone Star Steakhouse restaurant and construction a new 4,801 sq. ft. Chick-Fil-A drive- thru restaurant on an approximately 1.14-acre site (Project). The Project site is located easterly of l-15 Freeway, on the southwesterly comer of Dexter Place and Dexter Avenue intersection, more specifically refened to as '18601 Dexter Avenue (APN: 377-080-084); and, whereas, Chapter '17.'168 ofthe 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 Chapter 17.168 (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 August 7,2018 al a duly noticed Public Hearing the Commission has considered evidence presented bythe 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, DETERiIIINE AND ORDER AS FOLLOWS: S99l!i9qL 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 Califomia Environmental Quality Ac1 (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 Projecls. The Project is consistentwith the applicable GeneralPlan 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 ofthe Project will not result in any significant effects relating to traffic, noise, air qualily, or water quality and the Project is adequately served by all required utilities and public services. S99l!i9q3. That in accordance with LEMC Section 17.168.080 Findings, the Commission makes the following findings regarding Planning Application No.2018-25 (Conditional Use Permit No. 2018-02): PC Reso. No. 2018-54 Page 2 oI 3 1. That the proposed use, on its own merits and within the contelt of its setting, is in accord withthe objectives of the General Plan and the purpose of the planning district i-n wnicn ine site islocated. The Proiect site has a Generat Ptan Land IJse designation of General Commercial (GC) thatprovides for retail, servrceg restaurants, professioial and administrative offices, hotets andmotels, mixed-use projects, public and quasi-public uses, and similar and compatible useswith a maximum 0.40 Froor^Area ptn (FAR) The project is proposing to aiiiiip a arive-through restaurant with 0.09 FAR. Therefore, the Project is consistent ith the Generat ptan (9P) .Ih9 cunent zoning for the subiect site Generatbommerciat (c-2). ihe irop;sed use isidentified as a permifted use subject to the approval of a Conditional tJse i"iiiinin tn" c-2 zone_. .Fu_rther, the propose.d commerciat Project wiltass,st l, achieving the deviiopment ora well-balanced and functional mix of residential, commercial, ind"ustrial, open space,recreational and institutional land uses. 2. The proposed use wiI not be detrjmentar to the general health, safety, comfort or generarwelfare of persons residing or working within the neighborhood of the'proposei use or thecity, or injurious to property or improvements in the nJighborhood or the city. -- - The proposed use does not propose either directty or indirectty any detrimental effects to theexisting sunounding community.. The project has been conditioned as such to avoid anyposslb/e negative impacts associated with the proposed project. 3. The site for the intended use is adequate in size and shape to accommodate the use, and forall the yards, setbacks, walls or fences, landscaping, buifers and other featurei ieluirea uythis title. The proposed use has been analyzed and staff has determined that the proposed use meelsall applicable secrrbns ot the LEMC and will complement the existing' uses, based on thesubmitted plans and the conditions of approval imposed on the projec{ 4. The site for the proposed use relates to streets and highways with proper design both as towidth and type of pavement to carry the type and quaniity of traffic i"nLrat"o o'y tne suo;ectuse. The proposed use is located within an existing buitt environment, inclusive of streets. Theexlsrlrg sfreets are of adequate size to facititate safe and convenient transpoftation to andfrom the site. 5. ln approving the subject use at the specific location, there will be no adverse effeaon aOuttingproperties or the permitted and normal use thereof. The Conditional Use Permit.has been thoroughty reviewed and conditioned by all applicabteCity departments thereby etiminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to LEMC 17.16g.050, including guarantees andevidence of compliance with conditions, have been incorporated into thJ ipproval of thesubject project to ensure development ofthe property in accordance with the objectives of this chapter and the planning district in which the site is iocated. l PC Reso. No. 2018-54 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 Heaing on August 7, 2018, appropiate and appliiabte conditions of approval have been included to protect the public heatth, safety and general wetfare. 9ection 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. 2018-25 (Conditional Use permit No. 2018-02). Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 76 day of August, 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. 2018-54 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of August 7,2018, and that the same was adopted by the following vote: AYES: Commissioner's Gray, Armit and Klaarenbeek; Vice-Chair Canoll and Chairman RossNOES: None ABSENT: None ABSTAIN: None : SS.