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HomeMy WebLinkAboutPC Reso No 2010-001RESOLUTION NO. 2010-01 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE MODIFICATION TO CONDITIONAL USE PERMIT NO. 2007-23. WHEREAS, Nashat Damaan has initiated proceedings to request the approval to modify the existing Conditional Use Permit No. 2007-23; in regards to the car drying service area within the existing, "Rio Car Wash". The site is located at 31585 Canyon Estates Drive within the Canyon Creek "Summerhill" Specific Plan Area, Assessor Parcel Number 363-670-003; 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, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program No. 00-01 was previously approved by the City Council and said MIND evaluated environmental impacts that would result from development of commercial properties within the Canyon Creek "SummerhilP" Specific Plan area which included the previously approved gas station, mini-mart, and car wash building; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, public notice of the Entitlement has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 16, 2010. PLANNING COMMISSION RESOLUTION NO. 2010-01 PAGE 2 OF 5 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 modification to Conditional Use Permit No. 2007-23 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 finds and determines that in accordance with CEQA Guidelines Section 15162, the Entitlement does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Entitlement were contemplated by the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program No. 00-01. Therefore, no new CEQA documentation is necessary for the Entitlement. SECTION 3. That in accordance with State Planning and Zoning Law, the Canyon Creek "SummerhilP" Specific Plan, and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval for the modification to Conditional Use Permit 2007-23: 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 the modification 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 Canyon Creek "SummerhilP" Specific Plan. 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 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 relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. PLANNING COMMISSION RESOLUTION NO. 2010-01 PAGE 3 OF 5 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 car wash was designed in consideration of the size and shape of the Project Site, thereby strengthening and enhancing the immediate commercial area. Further, the proposed modification to the existing Conditional Use Permit 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 facility design has been reviewed to ensure adequate provision of screening from the 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 modification to the car wash use has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has adequately evaluated the potential impacts associated with the proposed facility 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, and emergency services vehicles. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed modification to Conditional Use Permit 2007-23 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 Lake Elsinore Municipal Code Section 17.168 have been incorporated into the approval of the modification to 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 modification to enlarge the existing "Car Drying Area" has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on February 16, 2010. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves the modification to Conditional Use Permit 2007-23. PLANNING COMMISSION RESOLUTION NO. 2010-01 PAGE 4 OF 5 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 16th day of Febru 010. ny Flores, Chairman of Lake Elsinore ATTEST: i EY~v1 1'(D- Tom Weiner, Director of Community Development PLANNING COMMISSION RESOLUTION NO. 2010-01 PAGE 5 OF 5 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. 2010-01 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of February 2010, 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 I Tom Weiner, Director of Community Development