HomeMy WebLinkAboutPC Reso No 2015-60 (7.21.15)RESOLUTION NO. 2015-60
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2014-08; FOR THE DEVELOPMENT OF A
FREESTANDING 4,365 SQUARE FOOT GASOLINE STATION WITH
SIX GASOLINE DISPENSERS FOR THE PROPOSED PROJECT
LOCATED AT 301 N. MAIN STREET
WHEREAS, applications have been filed with the City of Lake Elsinore by Raj
Kumar ("Project Applicant") requesting approval of Conditional Use Permit No. 2014-08
and Commercial Design Review No. 2014-12 (the "Project") for the Demolition of the
Existing Fuel Station and Convenience Store Located at 301 N. Main Street, the
Relocation of the Existing Single -Family Dwelling Unit Located at 307 N. Main Street
and the Construction of a New 4,009 Square Foot Convenience Store and 4,365
Square Square -Foot Fueling Station; and
WHEREAS. Chapter 17.168 of the Lake Elsinore Municipal Code 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 LEMC Chapter 17.168 (Conditional Use Permits) the
Planning Commission of the City of Lake Elsinore has been delegated with the
responsibility of reviewing approving, conditionally approving, or denying
conditional use permits; and
WHEREAS, on June 16, 2015 and July 21, 2015, at duly noticed public hearings,
the Planning 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 I. The Planning Commission has considered Conditional Use Permit
No. 2014-08 related to the development prior to rendering its decision and finds that the
requirements of Chapter 17.168 of the Lake Elsinore Municipal Code have been
satisfied.
SECTION 2. The Planning Commission hereby finds and determines that
Conditional Use Permit No. 2013-02 is categorically exempt from California
Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq.:"CEQA") and the
State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to
Section 15332 (Class 32 — In -Fill Development Projects) because the Project is
consistent with the applicable General Plan designation and policies, as well as zoning
designation and regulations, the Project is within the City's boundaries and on a site
less than five acres surrounded by urban uses, the Property has no value as habitat,
PLANNING COMMISSION RESOLUTION NO. 2015-60
PAGE 2 OF 4
and 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 State Planning and Zoning Law and the
Lake Elsinore Municipal Code, the Planning Commission makes the following findings
for approval of Conditional Use Permit No. 2014-08:
1. 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.
Issuance of this Conditional Use Permit will facilitate the creation of a well
balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses. The proposed land use conforms to the
objectives of the General Plan, including the Downtown Master Plan and the
downtowncode in which the site is located.
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.
All applicable City departments and agencies have been afforded an opportunity
to review the use permit and recommend various conditions of approval as set
forth in the conditions of approval attached to the staff report for this Conditional
Use Permit. Conditions have been applied relating to the proposed use, so as to
eliminate any negative impacts to the general health, safety, comfort, or general
welfare of the surrounding commercial development and the City.
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 Title 17 of the Lake Elsinore Municipal Code.
The proposed Conditional Use permit is for the operation a new 4,365 square
foot fueling station with six gasoline dispensers on the .81 -acre site. The
proposed use has been analyzed and staff has determined that the proposed use
meets all applicable sections of the Downtowncode and the Lake Elsinore
Municipal Code and will compliment 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 operation of a the design and development of a new 4,365 square
foot fueling station with six gasoline dispensers on the .81 -acre site has been
PLANNING COMMISSION RESOLUTION NO. 2015-60
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reviewed in relation to the width and type of pavement needed to carry the type
and quantity of traffic generated. The City has analyzed the proposed parking for
the site against Chapter 17.148 (Parking Requirements) of the Lake Elsinore
Municipal Code (LEMC) and based on the submitted plans and the attached
rnnditions of approval, has determined that the pioposed use will meet all
requirements of Chapter 17.148.
5. In approving the subject use, there will be no adverse affect on abutting property
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 Lake Elsinore Municipal Code
Section 17.168.050 have been incorporated into the approval of the Conditional
Use Permit to insure that the use continues in a manner envisioned by these
findings for the term of the use.
Pursuant to Section 17.168.040 of the Lake Elsinore Municipal Code, the
Project was considered by the Planning Commission at a duly noticed public
hearing on June 16, 2015, appropriate and applicable conditions of approval
have been included to protect the public health, safety and general welfare, and
the project is a permitted use on the subject property in the Residential Mixed
Use land use designation as described in the City of Lake Elsinore Downtown
Master Plan.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby approves Conditional
Use Permit No. 2014-08.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 21st day of July, 2015, by the
following vote:
-AuOt''6' &JK
Shelly Jordan, Chairman
City of Lake Elsinore Planning Commission
ATTEST:
Richard J. MacHott, LEED Green Associate
Planning Manager
PLANNING COMMISSION RESOLUTION NO. 2015-60
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE SS
J
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-60 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 21st day of July 2015, and
that the same was adopted by the following vote:
AYES: CHAIRMAN JORDAN, VICE CHAIRMAN ARMIT, COMMISSIONER
FLEMING
NOES: COMMISSIONER RAY
ABSTAIN: NONE
ABSENT: NONE
Richard J. acHott, LEED Green Associate
Planning Manager