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HomeMy WebLinkAboutPC Reso No 2017-28 (Drive thru restruant - CUP)RESOLUTION NO. 2017-28 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. 2016.01 FOR THE ESTABLISHMENT OF AN APPROXIMATELY 4,500 SQUARE FOOT RESTRUANT WITH DRIVE THROUGH. Whereas, Peninsula Retail Partners submitted an application for A Conditional Use Permit (CUP) for the development of 65,803 square feet of development consisting of a main building located on the southern portion of the site and four pad buildings, including one drive thru located along Central Avenue, and a corollary sign program. The Project site is located on 7.25 acres generally located at the southeast corner of Central Avenue (State Highway 74) and Collier Avenue. The site contains two parcels, identified as Assessor's Parcel Numbers (APNs) 377- 080-014, 031, 032, 033, and 034; 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 CUP, which allows the City to comprehensively review and approve the use, and, Whereas, pursuant to LEMC Chapter 17.168 CUP the Planning Commission (Commission) of the City of Lake Elsinore (City) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying CUPs; and, Whereas, on March 21 ,2017 , 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 COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. On March 21,2017, after consideration and evaluation of all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested pafties and such other matters as are reflected in the record of the noticed Public Hearing on the Project, the Commission adopted Resolution No. 20'17-28 finding and determining that Mitigated Negative Declaration (MND) 2017-01 EIR (SCH# 2017021072) is adequate and prepared in accordance with the requirements of CEQA. Section 2. That in accordance with California Planning and Zoning Law and the LEMC Section 17.168.060 (Findings), the Commission makes the following findings regarding CUP No. 2017- 0'r: 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. The subject sile ls located in the Eusrness District and has a Land Use Designation of General Commercial. The General Commercial Land Use designation has a FAR of 0.4 and the Project PC Reso No. 2017-28 Page 2 of 3 has a total FAR 0.21, thus complying with the General Plan FAR requirements. The primary goal of the Busrness District is to encourage its position as the industrial and commercial hub of the City and to ensure that new growth respecfs the environmental sensitivity of the natural wetlands, floodway and floodplain, Furthermore, the goal of the Busrness District is to supporl a vibrant commercial and industrial hub with high quality developments that have a strong orientation towards major corridors. Because the proposed Project complies with the FAR requirements and creates development that is oriented to major corridors and facilitates furlher commercial development within a commercial hub the proposed Project is found to be consistent with the General Plan. 2. The proposed use will not be detrimentalto 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 fo be located within a proposed new development, which does not propose a development which would be detrimental or injurious to the neighborhood or the City. The Project has been conditioned as such to avoid any possible negative impacts associated 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 forallthe yards, setbacks, walls orfences, landscaping, buffers and otherfeatures required by this title. The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sec/lons 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 located wtthin an existing built environment, inclusive of streets. The existing s/reefs are of adequate size to facilitate safe and convenient transportation to and from the site. Conditions of Approval have been proposed which require additional infrastructure to reduce potential impacts, conslsfenf with the MND 2017-01 EIR (SCH# 2017021072). 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 CUP 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 Commission at a duly noticed Public Hearing on March 21,2017, appropriate and applicable Conditions of Approval have been included to protect the public health, safety and general welfare. T PC Reso No. 2017-28 Page 3 of 3 Section 3. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Commission hereby recommends thatthe Council of the City of Lake Elsinore approve Conditional Use Permit No. 2017-01 . Section 4. This Resolution shall take effect from and after the date of its passage and adoption. Passed and Adopted this 21 st day of March 201 7. -..? \ Z./---.--Z,--- 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, hereby certify that Resolution No. 2017-28 was adopted by the Planning Commisston of the City of Lake Elsinore at a Regular meeting of March 21, 2017, and that the same was adopted by the following vote: AYES: Commissioner's Ross and Carroll; Vice-Chair Gray and Chairman ArmitNOES. None ABSTAIN. None ABSENT: CommissionerKlaarenbeek