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HomeMy WebLinkAboutPC Reso 2023-34 PA 2023-16 CUP 2023-07 RESOLUTION NO. 2023-34 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNING APPLICATION NO. 2023-16 (CONDITIONAL USE PERMIT NO. 2023-07) TO ESTABLISH AND OPERATE A NEW 2,000 SQUARE FOOT CABINET SHOP IN AN EXISTING MULTI-TENANT BUILDING LOCATED AT 18301 COLLIER AVENUE UNIT A (APN: 377-120-026) Whereas, Susana Cabrales, has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2023-16 (Conditional Use Permit No. 2023-07) to establish and operate a new approximately 2,000 sq. ft. cabinet shop in an existing multi-tenant building located at 18301 Collier Avenue, Unit A (APN: 377-120-026); Whereas, Section 6.0 of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and Joint Project Review (JPR) process to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; 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; Whereas, Chapter 17.415.070.A 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; Whereas, pursuant to Chapter 17.415.070.B of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying Conditional Use Permits; and Whereas, on August 1, 2023, 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 DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Commission has considered the project and has found it acceptable. Section 2: That in accordance with the MSHCP, the Commission makes 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 site is developed with existing industrial uses. The project is proposing to remodel the interior of an existing multi-tenant industrial building. As such, the DocuSign Envelope ID: 9BA322BA-49F4-4B25-9ACD-BD5C3D759832 PC Reso. No. 2023-34 Page 2 of 4 Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 3. The project is consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP Section 6.1.3 and the Additional Survey Needs and Procedures as set forth in MSHCP Section 6.3.2 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 is exempt from MSHCP local development mitigation fees pursuant to LEMC Section 16.85.090.B because the project involves remodeling to an existing development project and will not result in additional usable square footage. Section 3: The Commission hereby finds and determines that the project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and CEQA Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15301 (Class 1 – Existing Facilities), because the project is confined to an existing industrial building and only minor interior alterations are planned in association with the proposed use. Section 4: That in accordance with LEMC Section 17.415.070.C. Findings, the Commission makes the following findings regarding Conditional Use Permit No. 2023-07: 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 project site is located in the Limited Industrial (LI) General Plan Land use designation and the Commercial Manufacturing (C-M) Zoning designation, which is consistent with the applicable General Plan Land Use Designation. The proposed cabinet shop is a permitted use subject to the approval of a Conditional Use Permit within the C-M Zoning 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 will be located within an existing building. 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 reviewed for compliance with applicable sections of the LEMC, and the proposed use will complement the existing uses, based on the submitted plans and attached conditions of approval. DocuSign Envelope ID: 9BA322BA-49F4-4B25-9ACD-BD5C3D759832 PC Reso. No. 2023-34 Page 3 of 4 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 17.415.070.B 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 17.415.070.B of the LEMC, the project was considered by the Commission at a duly noticed Public Hearing on August 1, 2023, appropriate and applicable conditions of approval have been included to protect and promote the public health, safety, and general welfare. Section 5: Based upon the evidence presented, the above findings, and the Conditions of Approval imposed upon the project, the Commission hereby approves Planning Application No. 2023-16 (Conditional Use Permit No. 2023-07). Section 6: This Resolution shall take effect immediately upon its adoption. Passed and Adopted at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on this 1st day of August, 2023. Michael Carroll Chair Attest: ___________________________________ Damaris Abraham, Assistant Community Development Director DocuSign Envelope ID: 9BA322BA-49F4-4B25-9ACD-BD5C3D759832 PC Reso. No. 2023-34 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-34 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held August 1, 2023 and that the same was adopted by the following vote: AYES: Commissioners Ross and Gray; Vice Chair Peters; and Chair Carroll NOES: None ABSENT: None ABSTAIN: None Damaris Abraham, Assistant Community Development Director DocuSign Envelope ID: 9BA322BA-49F4-4B25-9ACD-BD5C3D759832