Loading...
HomeMy WebLinkAboutPC Reso No 2007-150RESOLUTION NO. 2007-150 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007-14 WHEREAS, Julie Lamoreaux of Tacone Restaurant has filed an application for Conditional Use Permit No. 2007 -14 to establish an outdoor dining area and the sale of on- premise beer and wine in conjunction with a restaurant (the "Project') located at 17600 Collier Ave. Ste. 147A Lake Elsinore, CA 92530 (APN: 389 -210- 063); and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon 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, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, the California Environmental Quality Act (Cal. Pub. Res. Code Section 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. Section 15000 et seq.: "CEQA Guidelines ") apply to activities which may cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and which involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies (CEQA Section 21065); and WHEREAS, according to CEQA Section 21084 and CEQA Guidelines Section 15300, certain types of projects have been declared by the California Legislature to be categorically exempt from CEQA and the CEQA Guidelines because the class of project has been determined not to have a significant effect on the environment; and WHEREAS, Section 15301 of the CEQA Guidelines categorically exempts activities which involve modification of existing facilities; and WHEREAS, on August 7, 2007, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to the Project. PLANNING COMMISSION RESOLUTION NO. 2007-150 PAGE 2 OF 4 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit No. 2007 -14 prior to rendering its decision and finds that the requirements of Chapter 17.74 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 1 exemption for existing facilities. A Class 1 exemption is applicable to those activities involving operation, repair, maintenance, permitting, leasing, licensing or minor alteration of an existing structure or facility. Key to the applicability of this categorical exemption is that the operation, repair, maintenance, permitting, leasing, licensing, or minor alternation involve negligible or no expansion of use beyond that at the time of the lead agency's determination. Approval of Conditional Use Permit 2007 -14 will involve a negligible expansion of use of an existing restaurant. Consumption of food on the outdoor patio and to the sale of on -site beer and wine sales are consistent with the use at this time. For these reasons, the project is categorically exempt from CEQA and the CEQA Guidelines. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of CUP No. 2007 -14: 1. 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. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan and the purpose of the planning district in which the site is located. 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. PLANNING COMMISSION RESOLUTION NO. 2007-150 PAGE 3 OF 4 All applicable City departments and agencies, including the Riverside County Sheriff, have been afforded the opportunity to review the use permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 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 Title 17 of the Lake Elsinore Municipal Code. The existing building was constructed in 1990 and conforms to development standards for the indicated zone. Further, the restaurant and outdoor dining area are compatible with existing development and will create a visually pleasing, non - detractive relationship between proposed and existing projects. 4. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The Project has been thoroughly reviewed and conditioned by all applicable City departments and outside agencies, eliminating the potential for any and all adverse effects on the abutting property. 5. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.74.50 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Lake Elsinore Municipal Code Section 17.74.050, the request for outdoor seating and on premise sales of beer and wine has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on August 7, 2007. 6. In relation to the proposed establishment of on- premise alcohol sales, the Planning Commission finds that Public Convenience and Necessity will be served based on the following: A. The sale of beer and wine is complimentary and ancillary to the primary use of the restaurant. B. The degree of compatibility required by the Zoning Ordinance will be maintained with respect to the on- premise sale of alcohol at the site, PLANNING COMMISSION RESOLUTION NO. 2007-150 PAGE 4 OF 4 given the consideration provided to other existing and potential uses within the general area. C. The subject restaurant, located in the Lake Elsinore Outlet Center Specific Plan. As such the sale of on premise beer and wine is conditionally permitted in accordance with the Community Commercial land use designation of the Lake Elsinore Outlet Center Specific Plan. D. The sale of beer and wine for on- premise consumption will not have a detrimental effect on the area residents since the sale of beer and wine is typically an ancillary use of a restaurant. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit 2007 -14. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 7th day of August 2007, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: � Rolfe Preisendanz Director of Community Development O'NEAL, GONZALES, MENDOZA, ZANELLI LWO-aW City of Lake Elsinore CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007 -14; A REQUEST TO ESTABLISH AN OUTDOOR DINING AREA AND THE SALE OF ON- PREMISE BEER AND WINE SALES IN CONJUNCTION WITH A RESTAURANT LOCATED AT 17600 COLLIER AVE. 147A, LAKE ELSINORE, CA 92530 (APN: 389 - 210 -063) PLANNING DIVISION GENERAL CONDITIONS 1. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning this Conditional Use Permit. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. Prior to the issuance of a Certificate of Occupancy, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 5. All conditions reflected on the approved plans shall be used unless modified by the Applicant and approved by the Director of Community Development or designee. Planning Commission Approval August 7, 2007 6. The applicant shall comply with all necessary California Department of Alcohol Beverage Control (ABC) requirements. 7. Live entertainment or PA system shall not be permitted in the outdoor patio area unless approved by the City and the property owner. 8. All site improvements shall be constructed as indicated on the approved site plan and floor plan, with revisions as noted herein. All plans submitted for Building Division plan check shall conform to the submitted plans as modified by the Conditions of Approval. 9. The Applicant is to meet all applicable City Codes and Ordinances. 10.The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 11.All requirements of the Riverside County Fire Department and Riverside County Sheriff Department shall be met and adhered to at all times. 12.A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 13.The license shall be limited to on- premise beer and wine sales. Any change and /or intensification to the type of license will require a new Conditional Use Permit. 14.The operation shall maintain suitable kitchen facilities for the cooking of an assortment of foods, which may be required for meals and adequate seating arrangements for sit -down patrons provided on the premises. 15.Alcoholic beverages shall be sold or dispensed for consumption on the premises only when served at tables or sit -down counters by employees of the restaurant. 16.The sale of alcohol for consumption off the premises is prohibited. Planning Commission Approval August 7, 2007 17.The owner, manager or such person in charge of the establishment shall be 21 years of age or older. At least one such person shall be present on the premises during all business hours of operation. 18. All improvements on the property will be continuously maintained, including repairs to structures and replacement of dead or diseased plant material. 19. The Planning Commission reserves the right to hold a public hearing to consider the revocation of this permit, or the imposition of additional conditions, if the Commission determines that such action is warranted. 20. Sales and service of alcoholic beverages shall be permitted only between the following hours of operation: • 9:30 a.m. to 8:30 p.m. Monday through Friday • 9:30 a.m. to 9:00 p.m. on Saturdays • 9:30 a.m. to 7:30 p.m. on Sundays. • In the event that hours of operation are extended, alcohol service shall cease no later than one (1) hour prior to closing. 21. The premises shall be maintained as a restaurant and shall provide a menu containing an assortment of food as offered in such restaurants. Any discontinuation to the aforementioned uses will require a new Conditional Use Permit. 22. A.) The rear doors of the restaurant, including any approved perimeter ingress /egress points of access for the outdoor seating area, shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. Further, the doors and associated locking hardware shall comply with all building code requirements. B.) There shall not be pedestrian access to the outdoor dining area from the exterior access points other than for disabled patrons and/or emergency egress. Planning Commission Approval August 7, 2007 23. The operator shall cooperate and assist the Riverside County Sheriff in the active prosecution of criminals who have victimized the business or its patrons. 24. Loitering is prohibited on or around these, premises or the area under the control of the license /petitioner. 25. No obstructions shall be attached, fastened or connected to either the partitions or ceiling to separate booths /dining areas within the interior space of the licensed premises. 26. The licensee /petitioner shall not maintain or construct any type of enclosed booth intended for use by patrons or customers for any purpose. 27. No employee or agent shall solicit or accept any alcoholic or non - alcoholic beverage from any customer while in the premises. 28. Any graffiti painted or marked upon the premises or any adjacent area under the control of the licensee /petitioner shall be removed or painted over within 24 hours of being applied. ENGINEERING DIVISION GENERAL 29.The applicant shall obtain an encroachment permit for any work performed in public right of way. 30.The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 31.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Planning Commission Approval August 7, 2007 STORMWATER/CLEANWATER PROTECTIONPROGRAM 32-The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibi t the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Planning Commission Approval August 7, 2007