HomeMy WebLinkAboutReso 2024-22 CUP 2023-09 - PA 2023-19 - Fleming and Sons
RESOLUTION NO. 2024-22
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023 -09
TO ESTABLISH AND OPERATE A CONTRACTOR YARD WITH A ONE -STORY
7,500 SQ. FT. PRE-MANUFACTURED STEEL INDUSTRIAL BUILDING WITH AN
ADMINSTRATIVE OFFICE IN THE LIMITED MANUFACTURING (M-1) DISTRICT
LOCATED AT APNS 377-232-006, 377-232-007, AND 377-232-009
Whereas, Kim Quon, Kim Quon Architect, has filed an application with the City of Lake
Elsinore (City) requesting approval of Planning Application No. 2023-19 which includes Industrial
Design Review (IDR No. 2023-02) and Conditional Use Permit (CUP No. 2023-09) to establish
and operate a contractor yard and administrative office with an outdoor storage area for heavy
construction equipment on a 1.65-acre site in the Limited Manufacturing (M-1) District for Fleming
and Sons Concrete Pumping, Inc. (Fleming and Sons);
Whereas, the project is located on the southwest corner of the West Minthorn Street and
North Riley Street intersection and includes Assessor Parcel Numbers (APNs) 377-232-006, 377-
232-007, and 377-232-009;
Whereas, pursuant to Section 17.136.030.C of the Lake Elsinore Municipal Code (LEMC),
a CUP is required to allow a heavy equipment sales and rental use within the M-1 zoning district.
Fleming and Sons proposes to develop a heavy construction equipment yard with an ancillary
administrative office to offer a selection of concrete pumping and related heavy equipment and
construction services for a variety of construction jobs;
Whereas, Section 17.415.070 of the LEMC provides that certain uses are desirable but
may have operational characteristics that disproportionately impact adjoining properties,
businesses, or residents. Accordingly, such uses require a more comprehensive review and
approval procedure, including the ability to condition the project in order to mitigate significant
impacts;
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) proce ss
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, pursuant to Section 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 November 19, 2024, 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.
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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 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 flat, heavily disturbed and devoid of vegetation and the site has been
fully developed for commercial uses. The project is proposing to construct a new light-
industrial building and other improvements throughout the Project site. As such, the
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 Na rrow
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 has reviewed and analyzed the proposed project pursuant to
the California Planning and Zoning Laws (Cal. Gov. Code §§ 59000 et seq.), the Lake Elsinore
General Plan (GP), and the LEMC and finds and determines that the proposed project is
consistent with the requirements of California Planning and Zoning Law and with the goals and
policies of the GP and the LEMC.
Section 4: The Commission finds that the proposed 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) because the project (a) is consistent with the applicable general plan designation
and all applicable general plan policies as well as with applicable zoning designation and
regulations, (b) the site of the proposed development is with in city limits on a project site of less
than five acres substantially surrounded by urban uses, (c) the project site has no value as habitat
for endangered, rare or threatened species, (d) the project will not result in any significant effects
relating to traffic, noise, air quality, or water quality, and (e) the site can be adequately served by
all required utilities and public services.
Section 5: That in accordance with LEMC Section 17.415.070.C. Findings, the
Commission makes the following findings regarding CUP No. 2023-09:
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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 has a General Plan Land Use designation of Business Professional (BP) and
is located within the Historic District. The BP Land Use designation provides for office and
administrative uses, light industrial, research and development, office -based firms,
including office support facilities, restaurants, medical clinics, public and quasi -public
uses, and similar and compatible uses with a maximum 0.45 Floor Area Ratio (FAR). The
project is proposing a one-story 7,500 sq. ft. premanufactured light industrial steel building
with a 0.10 FAR to establish a construction yard with outdoor storage for heavy equipment
rental including an ancillary administrative office . Therefore, the project is consistent with
the BP General Plan Land Use designation as well as the purpose of the Historic District
since light and limited industrial uses are contemplated within that district along with a
mixture of commercial and residential uses to support the histo ric downtown area.
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 C ity.
The proposed construction contractor yard would not cause either direct or indirect
detrimental impacts to the existing surrounding community because the design of the
parking lot layout and circulation was designed to allow multiple points of egress and
ingress for both emergency and pedestrian vehicles . The proposed business will be
compatible with the surrounding uses which also includes other light industrial uses with
outdoor storage. Furthermore, the project has also been conditioned as such to avoid any
potential impacts associated with the proposed use.
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 and design have been analyzed and staff has determined that the site
is compatible and adequate in size and shape to accommodate the proposed use and
project design. The design meets all applicable sections of the LEMC including the
nonresidential development standards. As designed the project would not encroach on
any setback as prescribed by the LEMC and sufficient landscaping has been provided
throughout the site. Furthermore, the proposed use and design will complement the
existing light industrial uses within the vicinity.
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.
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The proposed project has been thoroughly reviewed and conditioned by all applicable City
departments thereby eliminating the potential for any adverse effects. Furthermore, the
outdoor storage area of the heavy equipment will be adequately screened from public view
including adjacent properties by a 15 -foot landscape buffer and six-foot block wall along
North Riley Street and has been designed to be consistent w ith Section 17.136.040.A of
the LEMC.
6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, 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 th e site is located.
Pursuant to Section 17.415.070.B of the LEMC, the project was considered by the
Planning Commission at a duly noticed Public Hearing on November 19, 2024 and
appropriate and applicable conditions of approval have been included to protect the public
health, safety and general welfare . Further, compliance with the conditions of approval will
be reviewed during the plan check and inspection review process prior to commencing
operations.
Section 6: Based upon the evidence presented, the above findings, and the Conditions
of Approval imposed upon the project, the Commission hereby approves Conditional Use Permit
No. 2023-09.
Section 7: This Resolution shall take effect immediately upon its adoption.
Passed and Adopted on this 19th day November, 2024.
Jodi Peters
Chair
Attest:
___________________________________
Damaris Abraham
Community Development Director
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Damaris Abraham, Community Development Director of the City of Lake Elsinore, California,
hereby certify that Resolution No. 2024-22 was adopted by the Planning Commission of the City
of Lake Elsinore, California, at a regular meeting held November 19, 2024 and that the same was
adopted by the following vote:
AYES Commissioners Ross, Carroll, and Williams; Vice Chair Gray; and Chair Peters
NOES: None
ABSTAIN: None
ABSENT: None
Damaris Abraham
Community Development Director
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