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HomeMy WebLinkAboutPA 2019-77 - Exhibit B IDR Resolution (3) RESOLUTION NO. 2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVE COMMERCIAL DESIGN REVIEW NO. 2018-06 PROVIDING BUILDING DESIGN AND RELATED IMPROVEMENTS FOR A 800 SQUARE FOOT BUILDING AND RELATED IMPROVEMENTS 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, pursuant to Section 17.415.050 (Major Design Review) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility approving design reviews; 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. 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. PC Reso. No. 2018-____ Page 2 of 4 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 General Commercial (GC) and has a General Commercial (C-2) 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 C-2 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 3: That in accordance with Section 17.415.050.G of the LEMC, the Commission makes the following findings regarding Industrial Design Review No. 2019-02: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The proposed Project is 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 PC Reso. No. 2018-____ Page 3 of 4 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. Furthermore, project either meets or exceeds requirements identified for the proposed use including development standards, parking, landscaping, screening (not as proposed, but as conditioned) and all other additional requirements for development of this type. 2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the LEMC. The Project is appropriate to the site and surrounding developments and blends in with the surrounding industrial development. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the park. The Project will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects with a ‘Contemporary’ architectural design that is like existing industrial developments in the vicinity. In addition, safe and efficient circulation has been achieved onsite. 3. Conditions and safeguards pursuant to Section 17.415.050.G.3 of the LEMC, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Section 17.415.050. Pursuant to Section 17.415.050.E of the LEMC, the Project was considered by the Planning Commission at a duly noticed Public Hearing held on March 17, 2020. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. 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 all the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Commission hereby approves Industrial Design Review No. 2019-02. 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 PC Reso. No. 2018-____ Page 4 of 4 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