HomeMy WebLinkAboutPC Reso No 2017-82 (Nova Homes)RESOLUTTON NO.2017-82
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVAL OF TENTATIVE TRACT MAP NO.
37382 SUBDIVIDING 55.06 ACRES INTO 199 SINGLE.FAMILY RESIDENTIAL LOTS
AND 23 LETTERED LOTS FOR OPEN SPACE, UTILITY EASEMENTS, AND
DETENTION BASINS
Whereas, Nova Homes, lnc. has filed an application with the City of Lake Elsinore (City)
requesting approval of Tentative Tract Map (TTM) No. 37382 for a subdivision of 55.06 acres into
199 single-family residential lots (ranging in size from 4,600 sq. ft. to 17,445 sq. ft.) and 23 lettered
lots for open space, utility easements, and water quality/detention basins. The project site is
located southeasterly of Highway 74, westerly of Rosetta Canyon Drive, northeasterly of Cambern
Avenue, on the southern side of Third Street within the Ramsgate Specific Plan. (APNs: 347-330-
022, 023, 066, 347-360-00 1, 002, 37 7 -1 00-006, 009, and 01 0); and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the
Planning Commission (Commission) has been delegated with the responsibility of making
recommendations to the City Council (Council) pertaining to tentative maps; and,
Whereas, on October 17, 2017, at a duly noticed Public Hearing, the Commission 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: Prior to making a recommendation to the Council, the Commission has reviewed and
analyzed the proposed Project pursuant to the appropriate Planning and Zoning Laws, and
Chapter 16 (Subdivisions) of the LEMC.
@!!4| The Commission finds and determines that and no new environmental documentation
is necessary because all potentially significant effects have been adequately analyzed in an
earlier Mitigated Negative Declaration (MND). All potentially significant impacts have been
avoided or mitigated pursuant to the earlier MND and none of the conditions described in Section
15162 exist. MND No. 2007 -01 (SCH# 200704"1063) was adopted in 2007 for the Ramsgate
Specific Plan, Amendment No. 6 that evaluated environmental impacts that would result from
maximum build-out of the Specific Plan. No substantial changes that require major revisions to
the MND exist and no new information of substantial importance that require revisions to the
earlier MND exist.
Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the
Commission makes the following findings for approval of Tentative Tract Map No. 37382:
'1. The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the General Plan (GP). The proposed subdivision is compatible with the
objectives, policies, general land uses and programs specified in the GP (Government
Code Section 66473.5).
a. The proposed tentative map is located within the Ramsgate Specific Plan No. 89-1,
Amendment No. 6 (RSP#6). The original Ramsgate Specific Plan and the subsequent
PC Reso. No.2017-82
Page 2 of 3
amendments were subject to a consistency finding with the GP prior to adoption. TTM
37382 is located within Planning Area 11 of the RSP#6 and is designated Modified
Medium Low Density (MMLD) (3 to 6 Dwelling Units per Acre (D.U./Ac.)). The density
for TTM 37382 is 3.6 D.U/Ac. TTM 37382 is also consistent with all other consistent with
the provisions of the RSP#6 and is therefore found to be consistent with the GP.
b. All offsite mitigation measures have been identified in a manner consistent with the GP.
c. All recreational amenities have been provided in a manner consistent with the GP
2. The site of the proposed subdivision of land is physically suitable for the proposed density
of development in accordance with the GP.
a. The overall density and desrgn ls consistent and compatible with the adjacent
communities.
3. The effects that this project are likely to have upon the housing needs of the region, the
public service requirements of its residents and the available fiscal and environmental
resources have been considered and balanced.
a. The Project is consisrent with the City's GP. During the approval of the Gp, housing
needs, public services and fiscal resources were scrutinized to achieve a balance within
the City.
4. The proposed division of land or type of improvements is not likely to result in any
significant environmental impacts.
a. The Project has been adequately conditioned by all applicabte depaftments and
agencies and will not therefore result in any significant environmental impacts. The
proposed use, together with the conditions applicable thereto, will not be detrimental to
the public health, safety, or welfare or materially injurious to properties or improvements
in the vicinity.
5. The design of the proposed division of land or type of improvements is not likely to cause
serious public health problems.
a. TTM37382 has been designed in a manner consistent with the GP and does not divide
previously establ i shed comm u n itie s.
6. The design of the proposed division of land or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed division of land.
a. All known easemenfs or request for access have been incorporated into the design of
TTM 37382.
b. The map has been circulated to City departments and outside agencies, and appropriate
Conditions of Approval have been applied to the Project.
Section 4: Based upon all of the evidence presented, the above findings, and the Conditions of
Approval imposed upon the Project, the Commission hereby recommends that the Council
approve Tentative Tract Map No. 37382.
PC Reso. No.2017-82
Page 3 of 3
Section 5: This Resorution shafl take effect immediatery upon its adoption.
Passed and Adopted on this 17th day of October, 2017, by the following vote.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
AYES: commissioner's Armit, carrofl and Klaarenbeek; vice-chair Ross and chairman GrayNOES: None
ABSENT: None
ABSTAIN: None
)
) ss.
)
l, Justin Kirk, Principal planner of the city of Lake Elsinore, california, hereby certify thatResolution No. 2017-82 was adopted by_the- ptanning commission ot tne iity oil'ake Etsinore,california, at a Regular meeting held of october 1l , io17 and that the "rr" i"r'"oopt"lo oy tn"following vote:
t
RESOLUTION NO.2O17-97
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 GONDITIONAL USE PERMIT
NO. 2017.16 TO ESTABLISH A 2,500 SQUARE FOOT RESTAURANT WITH A DRIVE-
THROUGH LOCATED WTHIN THE LAKE ELSINORE MARKETPLACE (APN: 377'
040-034)
Whereas, Don Howells, RAF Pacifica Group has filed an application with the City of Lake Elsinore
(City) requesting approval of Planning Application No. 2017-47 (Conditional Use Permit No. 2017-
16 and Commercial Design Review No. 2017'10) for the design and construction a 2,500 sq. ft.
Popeye's fast-food restaurant with a drive{hrough located within the Lake Elsinore Marketplace
shopping center (Project). The Project is located at the northwesterly corner of Central Avenue
and Cambern Avenue (APN: 377-040-034); and,
Whereas, Chapter 1 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 City Council (Council) pertaining to conditional use permits; and,
Whereas, on December 5, 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:
E!!sg[ The Commission has considered the Project prior to making a recommendation to the
Council and has found it acceptable.
Section 2: The Commission finds and determines that no new CEQA documentation is
necessary. All potentially significant impacts have been avoided or mitigated pursuant to the
earlier EIR and none of the conditions described in Section 15162 exist. Final EIR No. 2004-03
(SCH# 2004021018) was ce(ified in 2004 by the Council for the entire Lake Elsinore Marketplace
shopping center. The EIR analyzed all the potential impacts that could result with the complete
build-out of the project. Approval of the Project will not change density or intensity of use; it simply
establishes standards for color palettes, articulation, orientation, and design of the commercial
development. No substantial changes which require major revisions to the EIR exist and no new
information of substantial importance which require revisions to the earlier EIR exist.
Section 3. That in accordance with LEMC Section 17.168.080 Findings, the Commission makes
the following findings regarding Planning Application No.2017-47 (Conditional Use Permit No.
2017-16):
PC Reso. No.2017-97
Page 2 oI 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 and the purpose of the planning district in which
the site is located.
The PAed site has a General Plan Land Use designation of Generat Commercial (GC)
that provides for retail, servrbes, restaurunts, professional and administrative offices,
hotels and motels, mixed-use projects, public and quasi-public useg and simitar and
compatible uses with a maximum 0.45 Floor Area Ratio (FAR). The project is proposing
to develop a drivelhrough restaurant with 0.07 FAR. Therefore, the Project is consisferl
with the General Plan. The curent zoning for the subject site General Commerciat (C-2).
The proposed use is identified as a permitted use subject to the approvat of a Conditional
Use Permit within the C-2 zone. Further, the proposed commercial Project will ass,st ,n
achieving the development of a well-balanced and functional mix of residential,
commercial, industrial, 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 surrounding community. The Project has been conditioned as such to avoid
any possible negative impacts associated with the proposed modification.
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 fealures
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 the conditions of approval imposed on the project.
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
existing streets are of adequate size to facilitate safe and convenient transportation to and
from the site.
5. ln approving the subject use al the specific location, there will be no adverse effect on
abutting properties or the permifted 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 1 7.168.050, 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.
PC Reso. No. 2017-97
Page 3 of 3
Pursuant to Section 17.168.040 of the LEMC, the Project was considered by the Planning
Commission at a duly noticed Public Hearing on December 5, 2017, 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. 2017-47 (Conditional Use Permit No. 201 7-16).
Section 5: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this Sth day of December, 2017, by lhe following vote:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2017-97 was adopted by the Planning Commission of the City of Lake Elsinore,
California, at a Regular meeting held of December 5, 2017 , and that the same was adopted by
the following vote:
AYES: Commissioner's Armit, and Klaarenbeek; Vice-Chair Ross and Chairman Gray
NOES: None
ABSENT: None
ABSTAIN: Commissioner Carroll
Justin