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HomeMy WebLinkAboutCC Reso No 2006-127RESOLUTION NO. 2006-127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DENYING COIVIIVIERCIAL DESIGN REVIEW NO. 2005-10 FOR A CONVENIENCE STORE AND GASOLINE DISPENSING ESTABLISHMENT LOCATED AT APN 377-120-007. WHEREAS, Glen Daigle, Oak Grove Equities, has initiated proceedings for Commercial Design Review No. 2005-10 for the construction of a 2,960 square foot convenience store and associated gasoline dispensing establishment and related improvements located at Associated Parcel Number 377-120-007; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on June 20, 2006, opposed the proposed project by adopting Planning Commission Resolurion No. 2006-61 recommending that the City Council deny Commercial Design Review No. 2005-10; and WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties. NOW, THEREFORE, THE CTTY COUNCIL OF THE CTTY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Commercial Design Review prior to making a decision to deny the proposed project. The City Council finds and determines that the denial of the proposed development of a convenience store and associated gas dispensing establishment is not a project. Therefore, no environmental review is necessary pursuant to Title 14 of the California Code of Regulations (CEQA Guidelines). SECTION 2. That in accordance with State Planning and Zoning Law and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the denial of Commercial Design Review No. 2005-10: 1. The project, if approved, will not comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review for a convenience store and associated gas station located within Assessor Parcel Number 377-120-007 does not comply with the goals and objectives of the General Plan in that the CITY COUNCIL RESOLUTION NO. 2006 -127 PAGE 2 OF 3 site design and building architecture proposed for the facility do not comply with the City Wide Design Guidelines as specified in Sectaons Ib.l and 1.b.2 of the Community Design Element. The proposed design does not provide the adequate amount of building articulation, building materials or onsite landscaping necessary to sufficiently enhance the aesthetics of the site. 2. The project does not comply with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review for a convenience store and associated gas station located at Assessor Parcel Number 377-120-007 does not comply with Design Directive sections 17.82.060.A&B given that the facility, as designed, does not sufficiently create interest at this major commercial intersection for persons 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 a sufficient amount of onsite landscaping to frame and soften proposed structures. 3. The denial of Commercial Design Review does not constitute a project under CEQA. The proposed Commercial Design Review for a convenience store and associated gas station, located at Assessor Parcel Number 377-120-007 is being recommended for denial and therefore, does not constitute a project as defined by the California Environmental Quality Act. Should the Planning Commission and City Council choose to support the project, an environmental determination and necessary environmental analysis must be undertaken prior to reconsideration. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code have been incorporated into the denial of the subject project. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review 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 City Council choose to support the project, appropriate conditions would have to be prepared and incorporated into the project approval. CITY COUNCIL RESOLUTION NO. 2006 -127 PAGE 3 OF 3 SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 25th day of July 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: N E / L~ Robert E.~ M City of Lake A Frederick y, City Clerk City of Lake Elsinore APPROVED AS TO FORM: V David H. Mann, Assistant City Attorney City of Lake Elsinore