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Home My WebLink AboutPC Reso No 2019-26 (Silverleaf)RESOLUTION NO. 20I9.25 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. 2OI7.O5 TO ESTABLISH A 3,266 SQUARE FOOT AUTOMOBILE DEALERSHIP FACILITY LOCATED AT APNS: 363-112-025,026, AND 031 whereas, Danny Brose, Auto Center & Mill, LLc has filed an application with the city of Lake Elsinore (City) requesting approval of Planning Application No. 2017-28 (Conditional Use Permit No.2017-05, commercial Design Review No. 2017-05, and Variance No.2017-03) to establish an automobile dealership facility (Silverleaf Motors) with a 3,266 sq. ft. two-story building and 1 18 total parking spaces on an approximately '1.3-acre site (Project). The Project also includes a Variance request for the front and rear yard setbacks due to site constraints. The Project site is iocated at the northwesterly corner of Auto Center Drive and Mill Street (APNs: 363-112-025, 026, and 031); 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 commissaon (commission) has been delegated with the responsibility of making recommendations to the Council pertaining to conditional use permits; and, Whereas, on May 7, 20'19 and May 21 , 2019 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: g9!!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 ofthe Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Proiect 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. 2017-28 (Conditional Use Permit No. 2017-05). PC Reso. No. 2019-26 Page 2 of 3 l That the proposed use, on its own merits and within the contelt of its setting, is in accordwiththeobjectivesoftheGeneralPlan (GP) and the purpose of the ptannin! oistrici in wnicntnesiteislocated. The Proiect site has a GP Land l/se designation of General Commercial (GC) thatprovidesforretail, servrces, restaurants, professiohat and administrative offices, itotets iio motets, mixed-use projects, pubric and quasi-pubtic uses, and simitar and compatibre itses withamaximum0.40 Floor Area Ratio (FAR). The Prqect is proposing to estabtish a newautomobiled-eglgrshiP facility with a 0.06 FAR, which is compatibte withihe other intendei iies ortneGCLandUseDesignation. The Project atso compties with Policy RV 1.5 of thi eutouaoverlay_designation by providing adequate buffers between the auio sales tots ani residentiat u^ses. Therefore, the Proiect is consistent with the GP. The cunent zoning for the sinjectsiteGeneralCommercial (c-2). The proposed use is identified as a permittei isi iublect totneapprovalofaConditionalUsePermitwithintheC-2 zone. Further, the proposei c,'ommercialProiectwillassistmachievingthedevelopmentofawelLbabncea ' and funitioiat mixofresidential, commercial, industiat, open space, recreational and institutional Iani-uies. 2. The proposed use will not be detrimental to the general health, safety, comfort orgenerarwelfareofpersonsresidingorworkingwithintheneighborhooOoftne'propoieo use ortnecity, or injurious to property or improvements in the neighborhooo or tne ciiy. The proposed use does not propose either directly or indirectly any detrimental effects to t/,eexistingsunoundingcommunityTheprojecthasbeenconditionedassuchtoavoidanyposs,b/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, andforalltheyards, setbacks, wa s or fences, landscaping, buiTers and other features requiredbythistitle. The proposed use has been anatyzed and staff has determined that the proposed usemeetsallapplicablesecfionsoftheLEMCandwittcomplementtheexisting' uses, based onthesubmittedplansandtheconditionsofapprovatimposedontheprojectl 4. The Site for the proposed use relates to streets and highways with proper design both astowidthandtypeofpavementtocarrythetypeandquaniityoitrafficgeneratedb-y the subjea use. The proposed use is located within an existing built environment, inclusive of streets. Theexlsfngsrreefsareofadequatesizetofacilitatesafeandconvenienttransporiationtoandfromthesite. 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 alt applicable City depaftments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to LEMc 1 7. 'l6g.o5o, including guarantees and evidence of compliance with conditions, have been incorporated into the ipproval 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. 2019-26 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 May 7,2019, 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. 2017-28 (Conditional Use Permit No. 2017-05). Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 2lstday of May, 2019, by the following vote. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2019-26 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of May 21,2019, and that the same was adopted by the following vote: AYES: Commissioners Gray, and Armit; Vice-Chair NOES: None ABSENT: Commissioner Klaarenbeek ABSTAIN: None Comm u Development Director SS, Ross, Chairman Community Development Director I and Chairman Ross 1