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HomeMy WebLinkAboutPA 2019-77 - Exhibit A CUP Resolution (7) RESOLUTION NO. 2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-20 TO ESTABLISH A 800 SQUARE FOOT TOW YARD WITH APPROXIMATELY 22,000 SF OF OUTDOOR STORAGE LOCATED AT APNs 374-023-005 AND 008 Whereas, Hector Rivera has filed an application with the City of Lake Elsinore (City) requesting approval of approval of Planning Application No. 2019-77 (CUP No. 2019-20 and IDR No. 2019- 02) for the phased development of a licensed tow yard and related impro; phase 1 would consist of all site preparatory work, development of the yard, construction of offsite improvements (i.e. curb, gutter and sidewalk), installation of landscaping and fencing and the installation of a temporary 200 square foot office on a permanent foundation. Phase 2 would consist of the construction of the permanent 800 square foot office building. The proposed project is situated on two properties totaling 21,344 square feet located on the northwestern corner of the intersection of side of Silver and West Flint Streets and more specifically referred to as APNs 374-023-005 and 008.; and, Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; 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, pursuant to Chapter 17.168 (Conditional Use Permits) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of approving conditional use permits; and, Whereas, on March 17, 2020, 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: Section 1: The Commission has considered the Project prior to making a recommendation to the Council and has found it acceptable. Section 2: That in accordance with the MSHCP, the Commission finds and determines that the Project based upon the following findings for MSHCP consistency: 1. The Project is not subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) JPR processes as it is not located within a Criteria Cell. 2. The Project is consistent with the Riparian/Riverine Areas, Vernal Pools Guidelines, and the Fuel Management Guidelines as the project site does not contain any riparian/riverine habitat or vernal pools and is not located in a high fire area. PC Reso. No. 2018-____ Page 2 of 4 3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines and the Additional Survey Needs and Procedures because the project is not located within any Narrow Endemic Plant Species Survey Areas or Critical Species Survey Areas. 4. The Project is consistent with the Fuels Management Guidelines because the Project site is not within or adjacent to any MSHCP Criteria Cell or conservation areas. 5. The project has been conditioned to pay any applicable MSHCP Local Development Mitigation fees. Section 3: The Commission hereby finds and determines that the Project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15332 In - Fill Development Projects: 1. The Project has a General Plan Land Use designation of Limited Industrial (LI) and has a Limited Manufacturing (M-1) zoning designation. The proposed Project, a drive-through restaurant, is a permitted use subject to a Conditional Use Permit. The Project also complies with all applicable development standards of the M-1 zone. Therefore, the Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 2. The proposed Project occurs within city limits, is located on a Project site of no more than five acres (approximately on a .49-acre site) and is substantially surrounded by urban uses. 3. The Project site has no value, as habitat for endangered, rare or threatened species. The Project site has been previously disturbed and developed. In addition, the Project site is not located within a Criteria Cell of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) and was not required to be processed through the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) processes. The Project complies with the MSHCP and is consistent with all applicable requirements of the MSHCP. 4. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project total trip generation did not meet the threshold for the preparation of a Traffic Impact Analysis. The proposed Project is not required to implement any off-site improvements, except for improvements related to the proposed Project driveways. The proposed Project will participate in the cost of off-site improvements through payment of Transportation Uniform Mitigation Fee (TUMF) and Traffic Impact Fee (TIF) fees. The Project’s contribution to these transportation impact fee programs should be enough to address the Project’s fair share towards mitigation measures designed to alleviate cumulative project impacts. In addition, a Water Quality Management Plan that addresses water quality impacts shall be submitted and approved for the proposed Project prior to the issuance of any permits. 5. The site can be adequately served by all required utilities and public services. Section 4: That in accordance with California Planning and Zoning Law and the LEMC Section 17.168.060 (Findings), the Commission makes the following findings regarding the Project: PC Reso. No. 2018-____ Page 3 of 4 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 proposed Project is located in the Limited Industrial (LI) General Plan Land use designation and the Limited Manufacturing (M-1) Zoning designation, which is consistent with the applicable General Plan Land Use Designation. The proposed use is a permitted use subject to the approval of a Conditional Use Permit within the M-1 Zoning designation. The proposed project proposes a .04 FAR, while the LI designation allows up to a .45 FAR designation. 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 conversion and operation of the proposed facility. 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 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 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 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. 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 Project 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 Section 17.168.050 of the LEMC, 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. Pursuant to Section 17.168.040 of the LEMC, the Project was considered by the Commission at a duly noticed Public Hearing on March 17, 2020, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. PC Reso. No. 2018-____ Page 4 of 4 Section 5: Based upon the evidence presented, both written and testimonial, and the above findings, the Commission hereby finds that the Project is consistent with the MSHCP. Section 6: 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. 2018-34 (Conditional Use Permit No. 2018-06). Section 7: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 17th day of March, 2020. Michael Carroll, Chairman Attest: ___________________________________ Justin Kirk, Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Justin Kirk, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2020-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on March 17, 2020 and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Justin Kirk, Assistant Community Development Director