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Home My WebLink AboutPC Reso No 2009-47RESOLUTION NO. 2009-47 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING REPTILE AND AMPHBIAN BREEDING ESTABLISHMENTS AS A CONDITIONAL USE WITHIN THE LIMITED MANUFACTURING (M-1) ZONING DISTRICT AND APPROVING CONDITIONAL USE PERMIT NO. 2009-08 WHEREAS, Mitchell S. Behm of "Global Captive Breeders", has initiated proceedings to request the approval of Conditional Use Permit No. 2009-08 (the "CUP") in order to establish and operate a wholesale reptile and amphibian breeding establishment within an existing industrial building located at 530 Third Street (APN: 377-151-025) (the `Project'). The site has a zoning designation of (M-1) Limited Manufacturing Zoning District and has a General Plan Land Use designation of Business Park (BP); and WHEREAS, reptile and amphibian breeding establishments are neither a permitted use nor conditionally permitted use in the (M-1) Limited Manufacturing district; and WHEREAS, however, the Lake Elsinore Municipal Code authorizes the Planning Commission of the City of Lake Elsinore to find uses not listed as either a permitted or conditionally permitted use in a particular zoning district to be conditionally permitted if the Planning Commission finds that the use comports with the purpose of the zoning district and is similar in characteristic to other conditional uses in the zone; and WHEREAS, on September 15, 2009 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. 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 and Conditional Use Permit No. 2009-08 prior to rendering its decision and finds that the requirements of Chapter 17.168 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2009-08 is categorically exempt from the California Environmental Quality Act (Public Resources Code 21000 et seq.: "CEQX) and the Guidelines for Implementation of CEQA (14 California Code of Regulations 15000 et seq.: "CEQA Guidelines") pursuant to Section 15301 (Class 1) (Existing Facilities) categorical exemption. Specifically, the Planning Commission finds that the CUP allows for the operation of a reptile and amphibian breeding establishment within an existing building on a fully developed site located at 530 Third Street (APN: 377-151-025). PLANNING COMMISSION RESOLUTION NO. 2009-47 PAGE 2OF4 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. 2009-08: 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 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. All applicable City departments and agencies have been afforded an opportunity to review the use permit and recommend various conditions of approval as set forth in the conditions of approval attached to the staff report for this CUP. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development and 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 proposed Conditional Use Permit is for the operation of a reptile and amphibian breeding establishment to be located within an existing industrial building located at 530 Third Street (APN: 377-151-025). The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code and will compliment the existing uses, based on the submitted plans and attached conditions of approval. The breeding of mammals shall be limited to rats and mice for food purposes only. No rats or mice shall be sold or distributed at any time. 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 operation of a reptile and amphibian breeding establishment within an existing industrial building located at 530 Third Street (APN: 377-151- 025) has been reviewed in relation to the width and type of pavement needed to PLANNING COMMISSION RESOLUTION NO. 2009-47 PAGE 3 OF 4 carry the type and quantity of traffic generated. The City has analyzed the proposed parking for the site against Chapter 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and based on the submitted plans and the attached conditions of approval, has determined that the proposed use will meet all requirements of Chapter 17.148 of the LEMC. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The CUP has been thoroughly reviewed and conditioned by all applicable City departments and affected outside agencies thereby eliminating the potential for any adverse effects. 6. Adequate conditions and Municipal Code Section 17.168.050 hav the Conditional Use Permit to insure safeguards pursuant to Lake Elsinore been incorporated into the approval of that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Lake Elsinore Municipal Code Section 17.168.050, the proposed reptile and amphibian breeding establishment has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on September 15, 2009. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2009-08. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 15th Ay of September, 2009. mmy Flores, Chairman City of Lake Elsinore ATTEST: a Tom Weiner Acting Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2009-47 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-47 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 15th day of September 2009, and that the same was adopted by the following vote: AYES: CHAIRMAN JIMMY FLORES, VICE-CHAIRMAN JOHN GONZALES, COMMISSIONER PHIL MENDOZA, COMMISSIONER MICHAEL O'NEAL, COMMISSIONER AXEL ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE Tom Weiner Acting Director of Community Development CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2009-08: ESTABLISHMENT AND OPERATION OF WHOLESALE REPTILE AND AMPHIBIAN BREEDING ESTABLISHMENT (GLOBAL CAPTIVE BREEDERS) PLANNING DIVISION GENERAL CONDITIONS 1. 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 attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2009-08 located at 530 Third Street (APN: 377-151-025). 2. 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. 3. 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 17.192 of the Lake Elsinore Municipal Code. 4. Prior to commencement of the proposed use, 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. The Applicant is to meet all applicable City Codes and Ordinances. 6. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 7. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. Planning Commission Approved September 15, 2009 8. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 9. An application for modification, expansion or other change in a conditional use permit shall be reviewed according to the provisions of the Lake Elsinore Municipal Code, Title 17 in a similar manner as a new application. 10. The applicant shall comply with all conditions of approval prior to commencement of the proposed use. RIVERSIDE COUNTY HEALTH DEPARTMENT 11. The applicant/operator shall comply with all requirements of the Riverside County Health Department. RIVERSIDE COUNTY FIRE DEPARTMENT 12. The applicant/operator shall comply with all requirements of the Riverside County Fire Department. (See attached Conditions of Approval) STATE DEPARTMENT OF FISH & GAME 13. The applicant/operator shall comply with all requirements of the California Department of Fish & Game. ANIMAL FRIENDS OF THE VALLEY 14. The applicant/operator shall comply with all requirements of the Animal Friends of the Valley. Planning Commission Approved September 15, 2009 RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection John R. Hawkins Fire Chief Proudly serving the unincorporated areas of Riverside County and the Cities of: Banning Beaumont Calimesa Canyon Lake Coachella Desert Hot Springs Indian Wells Indio I : Elsinore La Quinta Moreno Valley Palm Desert Perris Rancho Mirage Rubidoux CSD San Jacinto Temecula Board of Supervisors Bob Buster, District I john'ravaglione, District 2 Jeff Stone, District 3 1 Wilson, District 4 Marion Ashley, District 5 2300 Market St, Ste 150, • Riverside, CA 92501 • (951) 955-4777 • Fax (951) 955-4886 CONDITIONS OF APPROVAL PERMIT NUMBER: 09-LE-CUP-08 530 THIRD STREET, LAKE ELSINORE (REPTILE / AMPHIBIAN BREEDING ESTABLISHMENT APPLICANT: Matt Harris, Sr. Planner, 130 S. Main St, Lake Elsinore, CA 92530 951 674-3124 x 279 maharris(( lake-elsillore.org For: Global Captive Breeders, 28562 Oso Parkway, Ste D-510, Rancho Santa Margarita, CA 92688 949 246-3073 FAX 949 677-6402 behmfamily@caox.net 10. GENERAL CONDITIONS 10.FIRE.999PC - #01 - West Fire Protection Planning Office Responsibility IN EFFECT It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The building permit number is required on all correspondence. Additional information is available at our website: www.rvcfire.ora go to the link marked "Ordinance 787". Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, Ca 92501. Phone: (951) 955- 4777, Fax: (951) 955-4886. 10.FIRE.999 USE-#50-BLUE DOT REFLECTOR IN EFFECT Blue retro reflective pavement markers shall be mounted on private street, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Riverside County Fire Department. Handout available. 77-933 Las Montanas, Palm Desert, Cdr 92211 • (760) 863-8886 • Fax (760) 863-7072 C:\Documents and Sett ingsWierrington.LAKE-ELSINORE\Local Settings\Temporary Internet Fi1es\OLK85\Revised Fire Department Conditions.doc Page 1 of 2 80. PRIOR TO BUILDING PERMIT ISSUANCE 80.FIRE.999 #17A - Plan Check Fee MET FPARC 4355-17 Plans have been reviewed, however, a separate plan check deposit based fee of $601.00 made payable to the Riverside County Fire Department, in the form of a check or money order only, must be submitted to the Fire Department. Permit Fire Department "Submittal Form" must be completed along with payment. Available on line at www.rvcfire.org or contact our office. 90. PRIOR TO BUILDING FINAL INSPECTION 90.FIRE.999 USE445 - FIRE LANES IN EFFECT The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. ~fl ~ ~ vin 1 15Z F_ 41 A 6R evcTC n tnl CCCC!'T NOT APPLY 4f4t~s~t~e° or A- 4--=supia@44he Q,(Q b#~ A -11 be -Popsibl Alarm. 6 fee as $192 00\ 9A lRC nnn I IQC A AI IT004AN IR E ..A 'F' A lAl CCCC('T NOT APPLY ~daa-lam F - 1,-~ (G-i-wrent 1-1- 90.FIRE.999 USE-937-LOW LEVEL EXIT SIGN IN EFFECT Door level exit signs, exit markers and exit path marking shall be installed per the California Building Code. 90.FIRE.999 USE-#27-EXTINGUISHERS IN EFFECT Install portable fire extinguishers with a minimum rating of 2A-10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (Inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 77-933 Las Montanas, Palm Desert, CA 92211 • (760) 863-8886 ® Fax (760) 863-7072 CADocuments and Settings\klierrington.LAKE-ELSINOREU.,ocal Settings\Temporary Internet Fi1es\01_K8 \Revised Fire Department Conditions.doc Page 2 of 2 t