The URL can be used to link to this page

Home My WebLink AboutPC Reso No 2015-74 (11.3.15)RESOLUTION NO. 2015-74 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF LAKE ELSINORE APPROVAL OF CONDITIONAL USE PERMIT NO. 2013-06 FOR A WALMART SUPERCENTER LOCATED AT THE SOUTHWEST CORNER OF CENTRAL AVENUE AND CAMBERN AVENUE WHEREAS, Barry Linder of Greenberg Farrow on behalf of Wal-Mart Real Estate Business Trust (the "Applicant") has requested approval of Conditional Use Permit No. 2013-06, in conjunction with Commercial Design Review No. 2013-08, Conditional Use Permit No. 2013-07, Conditional Use Permit No. 2013-08 and Conditional Use Permit No. 2013-09, which are collectively referred to herein as the "Project", and WHEREAS, the Project is for the development of a 17.66 -acre site located at the southwest corner of Central Avenue and Cambern Avenue with an approximately 154,487 square -foot Walmart Supercenter, including a 3,090 square -foot seasonal outdoor garden center (Commercial Design Review No. 2013-08 and Conditional Use Permit No. 2013- 06), with additional conditional use permits (Conditional Use Permit No. 2013-07, Conditional Use Permit No. 2013-08 and Conditional Use Permit No. 2013-09) for outlot development planned for the parcels fronting Central Avenue which consist of one of two site configurations. Option A would consist of a gas station with 16 fueling stations, an approximately 3,100 SF convenience store, and a drive-through car wash and two other buildings which would be developed as separate drive-thru restaurants (3,700 SF and 3,100 SF). Option B consists of one parcel being developed with approximately 9,200 SF of retail/restaurant mix -used space situated within two buildings while the other two parcels would be developed with drive thru restaurant uses similar to the proposed development under Option A; and, WHEREAS, the application for Conditional Use Permit No. 2013-06 proposes for an outdoor garden center, arcade and outdoor/seasonal display of merchandise associated with the proposed Walmart Supercenter located at the southwest corner of Central Avenue and Cambern Avenue; 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 Conditional Use Permit, which allows the City to comprehensively review and approve the use; and WHEREAS, on November 3, 2015 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. PLANNING COMMISSION RESOLUTION NO. 2015-74 PAGE 2 OF 5 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SEC' lull 1. 1 he Planning Commission has considered Conditional Use Permit No. 2013-06 for the proposed outdoor garden center, arcade and outdoorlseasonaf display of merchandise associated with the proposed Walmart Supercenter prior to making a decision and has found it acceptable. SECTION 2. On November 3, 2015, 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 parties and such other matters as are reflected in the record of the noticed public hearing on the Project, the Planning Commission adopted Resolution No. 2015-72 finding and determining that that the Environmental Impact Report (EIR) (SCH# 2014051093) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA); that a 45 -day public review period ran from August 28, 2015 to October 13, 2015; that responses to comments received during the public review period were prepared and incorporated into the Final EIR and that the Final EiR represents the City's independent judgment. Based upon those findings and determinations, the Planning Commission by Resolution No. 2015-72 recommended that the City Council certify the Environmental impact Report. SECTION 3. That in accordance with California Planning and Zoning Law and LEMC Section 17.168.080 Findings, the Planning Commission makes the following findings regarding Conditional Use Permit No. 2013-06.- 1 - 013-06: 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 Walmart Supercenter store conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational retail facilities that serve the City, its residents, and guests, and institutional land uses. The Project will contribute to the overall number of 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 the Opportunity to review the Conditional Use Permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the proposed use, including PLANNING COMMISSION RESOLUTION NO. 2015-74 PAGE 3OF5 the required compliance with all of the mitigation measures set forth in the EIR, so as to eliminate or reduce to the extent practicable any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development, nearby resirlential dO OIOPmera[ euid the airy of Lake Elsinore, 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 (Zoning) of the Lake Elsinore Municipal Code. The proposed Conditional Use Permit is an outdoor garden center, arcade and outdoor/seasonal display of merchandise associated with the proposed Walmart Supercenter. The proposed use has been anaryzed and staff has determined that the proposed use meets all applicable Sections of the Lake Elsinore Municipal Code and will complement the existing uses, based on the submitted plans and conditions of approval attached to the staff report for this 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 design, development and operation of development of an approximately 154,487 square -foot Walmart Supercenter, including an outdoor garden center, arcade and outdoor/seasonal display of merchandise and associated improvements has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The EIR includes an analysis of the Project's impacts upon streets and highways and a Traffic Impact Analysis is included in Appendix'l of the EiR. Conditions have been applied relating to the proposed use, including the required compliance with all of the mitigation measures set forth in the EIR that address Transportation and Traffic design requirements of the proposed Project. 5. In 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 all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to LEMC 17.68.050, have been incorporated into the approval of the conditional use permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. `s PLANNING COMMISSION RESOLUTION NO. 2015-74 PAGE 4 OF 5 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 November 3, 2015, appropriate and applicable conditions of approval have been included to prntPrt the public hcolth, 36fvly and general welfare. SECTION 4. Based upon all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore approve Conditional Use Permit No. 2013-06. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of November, 2015, by the following vote: W Shelly Jo a` , Chairman City of Lake Elsinore Planning Commission ATTEST Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015-74 PAGE 5OF5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS n I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of November 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN JORDAN, VICE CHAIR ARMIT, COMMISSIONER GRAY COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J- acHott, LEED Green Associate Planning Manager