HomeMy WebLinkAboutCC Reso No 2006-126RESOLUTION NO. 2006-126
RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF
LAKE ELSINORE, CALIFORNIA, DENYING AN APPEAL OF
THE PLANNING COMMISSION DECISION TO DENY
CONDTTIONAL USE PERMIT NO. 2005-23 AND FINDINGS
OF PUBLIC CONVENIENCE AND NECESSITY FOR THE
ESTABLISHMENT AND OPERATION OF A GAS STATION
FACILITY WITH THE CONCURRENT SALE OF
ALCOHOLIC BEVERAGES LOCATED AT APN 377-120-007.
WHEREAS, the Planning Commission of the City of Lake Elsinore at a
regular meeting held on June 20, 2006, denied a proposed Conditional Use Permit
and Findings of Public Convenience and Necessity to establish and operate a 7-
Eleven convenience store, gasoline dispensing facility and onsite beer and wine
sales by adopting Planning Commission Resolution No. 2006-59; and
WHEREAS, Glen Daigle, Oak Grove Equities, filed an appeal of the
Planning Coxnmission decision on June 22, 2006; and
WHEREAS, the City Council has considered evidence presented by the
Community Development Department and other interested parties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed Conditional
Use Pernut and Findings of Public Convenience and Necessity prior to making a
decision to deny the proposed use.
SECTION 2. That in accordance with State Planning and Zoning Law and
the City of Lake Elsinare Municipal Code, the City Council makes the following
findings far the denial of Conditional Use Permit No. 2005-23 and Findings of
Public Convenience and Necessity:
1. The proposed use, on its own merits and within the context of its setting, is
not in accord with the objectives of the General Plan and the purpose of the
planning district in which the site is located.
CITY COUNCIL RESOLUTION NO. 2006-126
PAGE 2 OF 4
The proposed use for the sale of alcoholic beverages may 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 City. The
location of the proposed use has been found to be within a designated high
crime area and is within a census tract deemed over concentrated with
alcohol sales licenses. Accordingly, there are a sufficient number of
businesses that provide the public with locations to buy alcoholic beverages
for off-premise consumption and an additional location will have no
additional benefit to the community.
2. The proposed use will 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.
In accord with the purposes of the Chapter 17.74 (Conditional Use Permits)
of the Lake Elsinore Municipal Code, the City realized that the proposed
alcohol sales located at Assessor Parcel Number 377-120-007 may have a
potential to negatively impact the welfare of persons residing or working
within the neighborhood or the City. The location of the proposed use has
been found to be within a State designated high crime area and is within a
census tract deemed over concentrated with alcoholic sale licenses.
3. The site for the intended use is not 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 LEMC.
The proposed alcohol use located at Assessor Parcel Number 377-120-007
does not comply with Design Directives sections 17.82.060.A&B of the
LEMC given that the facility, as designed, does not suff ciently create
interest at this major commercial intersection for persons and motorists
moving along the street. Moreover, the proposed design concept does not
create a visually pleasing, non-detractive relationship between the proposed
and existing projects in the area given that the project lacks significant
building articulation and architectural interest and lacks a sufficient amount
of onsite landscaping to frame and soften proposed structures.
CITY COiJNCIL RESOLUTION NO. 2006-126
PAGE 3 OF 4
4. The site for the proposed use does not relate to streets and highways with
proper design both as to width and type of pa~ement to carry the type and
quantity of traffic generated by the subject use.
The proposed alcohol use located at Assessor Parcel Number 377-120-007
has not been reviewed as to its relation to the width and type of pavement
needed to carry the type and quantiry of traffic generated. If the City
Council determines to support the project it will, prior to its approval,
condition the project to be served by roads of adequate capacity and design
standards to provide reasonable access by car, truck, transit, and bicycle.
5. In denying the subject use located at Assessor Parcel Number 377-120-007
there will be no adverse affect on abutting property or the permitted and
normal use thereof.
The proposed use has been thoroughly reviewed by all applicable City
Departments and outside agencies. The location of the pYOposed use for
alcohol sales is within a State designated high crime area and within a
census tract that has been deemed over concentrated with alcohol sales
licenses by the State Department of Alcoholic Beverage Control. Therefore,
the potential does exist for adverse effects on the abutting property.
6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the
LEMC have not been incorporated into the approval of the Conditional Use
Pernut to insure that the use continues in a manner envisioned by these
findings for the term of the use.
Pursuant to Section 17.74.050 (Action of the Planning Commission) of the
Lake Elsinore Municipal Code (LEMC), the proposed alcohol sales located
at Assessor Parcel Number 377-120-007 has been considered by the
Planning Commission and recommended for denial by the City Council.
Should the Planning Commission and Ciry Council choose to support the
project, appropriate conditions would have to be prepared and incorporated
into the project approval.
SECTION 3. This Resolution shall take effect from and after the date of its
passage and adoption.
CITY COiJNCIL RESOLUTION NO. 2006-126
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PASSED, APPROVED AND ADOPTED this 25th day of July 2006, by
the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: BUCKLEY
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONF
ATTEST:
Frederick Ray, lerk
City of Lake Elsinore
APPROVED AS TO FORM:
~~-~C~
David H. Mann, Assistant City Attorney
City of Lake Elsinore