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HomeMy WebLinkAboutCC Reso No 2005-061 RESOLUTION NO. 2005--6.1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2005-05 AND FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY FOR A TYPE 20 "OFF SALE BEER AND WINE" LICENSE LOCATED AT ASSESSOR PARCEL NO. (S) 363-670-002 and 363-670-003. WHEREAS, Nader Rabban, has initiated proceedings to request the approval for the sale of alcoholic (beer and wine) beverages for off-site consumption within an approved mini-mart proposed on the southwest corner of Canyon Estates and Summerhill Drives (s) on the parcels known as Assessor Parcel Number(s) 363-670-002 & 363-670-003; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on May 3, 2005 made its report upon the desirability of the proposed project and made its recommendations against said Conditional Use Permit No. 2005-05 by denying Conditional Use Permit No. 2005-05; and WHEREAS, Nader Rabban, has initiated proceedings to appeal the Planning Commission decision of denial for the sale of alcoholic (beer and wine) beverages for off-site consumption within an approved mini-mart proposed on the southwest corner of Canyon Estates and Summerhill Drives (s) on the parcels known as Assessor Parcel Number(s) 363-670-002 & 363- 670-003; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering appeals to Planning Commission decisions; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on May 24,2005. NOW THEREFORE, the City Council of the City of Lake Elsinore DOES HEREBY RESOLVE as follows: SECTION 1. The City Council has considered the proposed Conditional Use Permit No. 2005-05 and the Findings of Public Convenience or Necessity. The City Council finds and determines that the Mitigated Negative Declaration and Mitigation Monitoring Program No. 00- 01 are adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes the environmental effects of the proposed project prior to City Council certification, based upon the following findings and determinations: SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Conditional Use Permit No. 2005-05, and Findings of Public Convenience or Necessity have been made as follows: CITY COUNCIL RESOLUTION CONDITIONAL USE PERMIT PAGE NO.2 FINDINGS CONDITIONAL USE PERMIT 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. Although alcohol sales requires complete analysis and consideration, the proposed use for the sale of alcoholic beverages 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. 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. 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 363-670-002 may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and/or conditions related to regulations of points of sales for the alcohol products being proposed, 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 LEMC. The proposed alcohol use located at Assessor Parcel Number 377-040-027 has been designed in consideration of the size and shape of the property. Further, the project as proposed, will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects, in that the proposed uses have been reviewed to ensure adequate provision of screening from the public rights-ol-way or adjacent properties. 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 alcohol use located at Assessor Parcel Number 363-670-002 has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. CITY COUNCIL RESOLUTION CONDITIONAL USE PERMIT PAGE NO.3 5. In approving the subject use located at Assessor Parcel Number 377-040-027 there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use 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. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC 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 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 363-670-002 has been scheduled for consideration and approval of the Planning Commission. FINDINGS PUBLIC CONVENIENCE OR NECESSITY I. Does the proposed establishment have any unique features, which are not found in other similar uses in the community (i.e. types of games, types of food, and other special services)? The applicant states that he has already discussed the possibility of Starbuck's Coffee or Dominoes Pizza becoming a tenant in the mini-mart. While there are other similar establishments located close by, none are located in conjunction with a gasoline dispensing station. The co-location of these uses does provide a level of convenience for the customer of this proposed establishment. 2. Does the proposed establishment cater to an under-served population (i.e. patrons of different socio-economic class)? The proposed establishment will better serve the population that has recently moved into the region and commutes into Los Angeles and Orange Counties. 3. Does the proposed establishment provide entertainment which would fill a niche in the community (i.e. comedy club, jazz club, etc)? The applicant is not proposing any entertainment for this proposed use. If the entire commercial activity is considered, the proposed establishment does provide a car wash service. There are no similar establishments nearby on the east side of Interstate 15. 4. Are there any geographical boundaries (i.e. rivers, hillsides) or traffic barriers (i.e. freeways, major roads, major intersections) separating the proposed establishment from other establishments? Yes, Summerhill Drive and Canyon Estates Drive is signalized, which includes a pedestrian crosswalk. In addition, there is approximately a four foot (4') change of grade from the street level to the pad as graded for the proposed establishment. Finally, the applicant has agreed to provide any additional barriers as appropriate. CITY COUNCIL RESOLUTION CONDITIONAL USE PERMIT PAGE NO.4 5. Is the proposed establishment located in an area where there is a significant influx of population during certain seasonal periods? No. This proposed commercial activity is located so as to serve the local community of commuters and residents. 6. Is there a proliferation of licensed establishments within a quarter mile of the proposed establishment? According to ABC, there is not a proliferation of similar establishments. There is another liquor store located approximately 500 feet to the south on Summerhill Drive. As required by the ABC, only three (3) licenses for Type 20 -off-sale beer and wine license are allowed for this particular census tract. Currently, there are two (2) such licenses being used. The applicant has already submitted an application to ABC, but it is pending the City's Finding of Public Convenience or Necessity. 7. Are there any sensitive uses (i.e. schools, parks, hospitals, churches) in close proximity (600 feet) to the proposed establishment? Yes. Summerhill Park is located directly across Summerhill Drive from the proposed establishment. This park is approximately 150 feet away. 8. Would the proposed establishment interfere with the quiet enjoyment of their property by the residents ofthe area? No. The developer and the applicant have made every effort to maintain the quiet enjoyment of the residences in the area. 9. Will the proposed establishment add to the law enforcement problems in the area? Although, the Police Chief has included a letter in the Staff Report which opposes the proposed use he has indicated to staff that he will support the use when ABC has issued the license. PURSUANT TO THE ABOVE FINDINGS, IT IS RESOLVED by the City Council of the City of Lake Elsinore, California, DOES HEREBY approve Conditional Use Permit No. 2005-05. PASSED, APPROVED AND ADOPTED this 24th day of May 2005, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CITY COUNCIL RESOLUTION CONDITIONAL USE PERMIT PAGE NO.5 Robert Magee, Ma r City of Lake Elsinore ArrEST: ~'l'~ / Vicki Lynne K~ t ty Clerk APPROV~ Barbara Zeid Leibold, City A;i;y City of Lake Elsinore (SEAL)