HomeMy WebLinkAboutPC Reso No 2015-50 (6.16.15)RESOLUTION NO. 2015-50
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, APPROVING VARIANCE 2015-02 TO ALLOW A FIVE (5'-0")
ENCROACHMENT INTO THE REQUIRED 15'-0" LANDSCAPE SETBACK
FROM THE EDGE OF RIGHT-OF-WAY LOCATED AT THE SOUTHWESTERN
CORNER OF MINTHORN AND BIRCH STREETS
WHEREAS, KLN Development, LLC, has filed applications with the City of Lake
Elsinore for Industrial Design Review No. 2015-01 and Variance 2015-02 for approval
of building design plans for a 12,926 square foot (SF) light industrial building on an
approximately 31,905 SF site located at the Southwestern corner of Minthorn and Birch
Streets., specifically referred to as APN: 377-430-060, which are collectively referred to
herein as the "Project"; and
WHEREAS, through Variance No. 2015-01, the Applicant requests relief to allow
a five (5'-0") encroachment into the required 15-0" landscape setback from the edge of
right-of-way as set forth in Lake Elsinore Municipal Code (LEMC) Section 17.148.100
(A); and
WHEREAS, pursuant to LEMC Chapter 17.172 (Variances) the Planning
Commission of the City of Lake Elsinore has been delegated with the responsibility of
reviewing and approving, conditionally approving, or denying variances; and
WHEREAS, on June 16, 2015, at duly noticed public hearings the Planning
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. The Planning Commission has considered Variance No. 2015-02
for the proposed five (5'-0") encroachment into the required 15'-0" landscape setback
from the edge of right-of-way and has found it acceptable.
SECTION 2. The Planning Commission finds and declares that the project is
exempt from the 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, 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.
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PLANNING COMMISSION RESOLUTION NO. 2015-50
PAGE 2OF4
SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code,
the Planning Commission makes the following findings for the approval of Variance No.
2014-02:
1. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal
Code (LEMC) Section 17.172.050 have been incorporated into the approval of the
variance to ensure development of the property in accord with the objectives of the
General Plan and the purpose of the planning district in which the site is located.
The subject property is located in the Limited Manufacturing land use
designation, which establishes various light industrial uses compatible uses as
being consistent. The proposed sign does not alter the existing consistent uses
and augments their viability. The proposed project has been designed to largely
incorporate all the requirements of the General Plan and the site will be
developed would not result in any inconsistency with the General Plan.
2. There are special circumstances, pursuant to the purpose of Chapter
17.172 of the LEMC, applicable to the subject property which do not apply generally to
other properties in the neighborhood, and, therefore, granting of the variance shall not
constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity and district in which the subject property is located.
The subject lot is the last remaining vacant lot in a largely industrial area. The
subject lot is relatively small and narrow in comparison to the adjacent lots. The
proposed development could meet all required standards, however in order to
provide adequate fire circulation and loading areas the proposed reduction in
landscape area is necessary. Other properties in the area do not have the same
size limitations and thus do not have the same issues or concerns.
3. In approving the variance, any reductions authorized from the strict
interpretation of the zoning ordinance represents the minimum deviation from this code
necessary to fulfill the purpose of this chapter and enable reasonable development of
the property.
The proposed five foot (5'-0') encroachment represent the minimum area
necessary to provide additional circulation areas for emergency vehicles and
therefore represents the minimum deviation from this code necessary to fulfill the
purpose of this chapter and enable reasonable development of the property.
SECTION 4. Based upon the evidence presented and the above findings, the
Planning Commission hereby approves Variance No. 2015-02.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PLANNING COMMISSION RESOLUTION NO. 2015-50
PAGE 3OF4
PASSED, APPROVED AND ADOPTED this 16th day of June 2015, by the
foiiowing vote:
mea,;
John Gr y. CKairm
Cii o oke Elsin re tanning Commission
ATTEST:
Richard J. aGHott, LEED Green Associate
Planning Manager
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PLANNING COMMISSION RESOLUTION NO. 2015-50
PAGE 4OF4
STATE OF CALIFORNIA
COUNTY OF RIVER&DE SS
CITY OF LAKE ELSINORE
I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2015-50 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 16th day of June 2015, and
that the same was adopted by the following vote:
AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT
COMMISSIONER FLEMING, COMMISSIONER RAY
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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Richard J. cHott, LEED Green Associate
Planning Manager