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HomeMy WebLinkAboutPC Reso No 2018-13 (CUP 2017-13) RESOLUTION NO. 2018-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING OF CONDITIONAL USE PERMIT NO. 2017- 13 FOR THE ESTABLISHMENT OF A DRIVE THRU TO BE INCORPORATED INTO A PREVIOUSLY APPROVED 1,950 SQUARE FOOT RESTRUANT. Whereas, Greg Lukosky, Peninsula Retail Partners, Inc. has filed an application with the City of Lake Elsinore (City) requesting approval of Conditional Use Permit No. 2017-13 for the establishment of a drive thru to be incorporated into a previously approved 1,950 square foot restaurant. The project site is located on 7.25 acres generally located at the southeast corner of Central Avenue (State Highway 74) and Collier Avenue. The site contains two parcels, identified as Assessor's Parcel Numbers (APNs) 377-080-014, 031, 032, 033, and 034; 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 reviewing and approving, conditionally approving, or denying conditional use permits; and. Whereas, on February 20, 2018, 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 decision and has found it acceptable. Section 2: The Commission finds and determines that no new CEQA documentation is necessary. The Project was analyzed in the previously approved Mitigated Negative Declaration (MND) (SCH# 2017021072). All potentially significant impacts have been avoided or mitigated pursuant to the earlier MND and none of the conditions described in Section 15162 exist. No substantial changes which require major revisions to the MND exist and no new information of substantial importance which require revisions to the earlier MND exist. Therefore, no further environmental documentation is necessary. Section 3: That in accordance with LEMC Section 17.168,080 Findings, the Commission makes the following findings regarding Planning Application No. 2017-30 (Conditional Use Permit No. 2017-07): 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 (GP) and the purpose of the planning district in which the site is located. PC Reso. No. 2018-13 Page 2 of 3 The Project is located within the Business District of the GP. The primary goal of the Business District of the GP is to encourage its position as the industrial and commercial hub of the City and to ensure that new growth respects the environmental sensitivity of the natural wetlands, _ floodway and floodplain. Furthermore, the goal of the Business District is to support a vibrant commercial and industrial hub with high qualify developments that have a strong orientation towards major corridors. The proposed Conditional Use Permit would allow for a drive thru restaurant to exist in support of anchor retail space and will provide additional dining options. Because the proposed Project creates development that is oriented to major corridors and facilitates further commercial development within a commercial hub the proposed Project is found to be consistent with the GP. 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 proposed modification. 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 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 17.168.050,, 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 February 20, 2018, appropriate and applicable Conditions of Approval have been included to protect the public health, safety and general welfare. PC Reso. No. 2018-13 Page 3 of 3 Section 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Commission hereby approves Conditional Use Permit No. 2017-13. Section 5. This Resolution shall take effect immediately upon its adoption. Passed and Adopted this 201h day of February, 2018, by the following vote: J hn Gra' , Ghair an Attest: Justin Kirk, Principal Planner STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, hereby certify that Resolution No. 2018-13 was adopted by the Planning Commission of the City of Lake Elsinore, California, at a Regular meeting held of February 20, 2018, and that the same was adopted by the following vote: AYES: Commissioner's Armit, Carroll and Klaarenbeek; Vice-Chair Ross and Chairman Gray NOES: None ABSENT: None ABSTAIN: None 7 Justin Ki , Principal/Planner 7