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HomeMy WebLinkAboutPC Reso No 2011-23RESOLUTION NO. 2011 -23 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2011 -01 WHEREAS, Greg Barton, Director of Operations, Lake Elsinore Hotel and Casino, has initiated proceedings to request the approval of Conditional Use Permit No. 2011 -01 (the project) for the establishment and operation of a live music, dancing, and entertainment venue within the lounge, restaurant, and poolside area of the existing Lake Elsinore Hotel and Casino located at 209030 Malaga Road. The site is within the (C2) General Commercial zoning district and has a General Plan Land Use designation of Neighborhood Commercial (NC); 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, on July 19, 2011 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 Permit No. 2011 -01 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. 2011 -01 is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") 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. 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. 2011 -01: PLANNING COMMISSION RESOLUTION NO. 2011 -23 PAGE 2 OF 4 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 for "Live Entertainment' will facilitate the creation of a well ba lanced 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 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 Conditional Use Permit for "Live Entertainment' 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 industrial development 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 Lake Elsinore Municipal Code. The proposed Conditional Use Permit is for "Live Entertainment' for the existing Lake Elsinore Hotel and Casino located at 20930 Malaga Road. Staff has determined that the proposed use will compliment the existing uses, based on the submitted plans and attached conditions of approval. . 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 "Live Entertainment' for the existing Lake Elsinore Hotel and Casino located at 20930 Malaga Road 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 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. PLANNING COMMISSION RESOLUTION NO. 2011 -23 PAGE 3 OF 4 The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code Section 17.168 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 Lake Elsinore Municipal Code Section 17.168, the proposed "Live Entertainment' use has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on July 19, 2011. 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. 2011 -01. 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 19 of July 2011. Vice Chair pe s Jordan City of Lake Elsinore ATTEST: E)rt A. Brady, Manager PLANNING COMMISSION RESOLUTION NO. 2011 -23 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -23 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19 day of July 2011, and that the same was adopted by the following vote: AYES: VICE CHAIRPERSON JORDAN, COMMISSIONER GONZALES, COMMISSIONER MENDOZA, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE a obey A. Brady, City Manager k CITY OF LAKE ELSINORE REVISED CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2011 -01: FOR THE ESTABLISHMENT OF "LIVE ENTERTAINMENT" FOR THE EXISTING LAKE ELSINORE HOTEL AND CASINO. 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 attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2011 -01 located at 20930 Malaga Road, also known as (APN: 365- 040 -016). 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 Form," 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, if the approved use is not commenced. 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 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 "Live Entertainment" shall only take place twice a month during the summer, starting on Memorial Day weekend and concluding on Labor Day weekend. However, the indoor "Live Entertainment" will be allowed to be conducted year round. 11. The noise level generated by the outdoor "Live Entertainment" shall conform to the applicable noise levels allowed under Section 17.176; Noise Control. a) Residential Zones. At any residential property boundary the noise level shall not exceed 40 decibels (dBA) between 10:00 p.m. to 7:00 a.m. and 50 decibels between 7:00 a.m. to 10:00 p.m. b) Commercial Zones. At any commercial property the noise level shall not exceed 60 decibels (dBA) between 10:00 p.m, to 7:00 a.m. and 65 decibels between 7:00 a.m. to 10:00 p.m. c) If the measurement location is on a boundary between two different zones, the noise level limit applicable to the lower noise zone plus six (6) dBA's shall apply, as per section 17.176.060 (A) (4). 12. There shall be no loitering in or around the business. 13. Hours of operation for the "Live Entertainment" shall conclude by 11:30 p.m. for all of the poolside area events and by 2:00 a.m. for the lounge and restaurant events as indicted on the staff report. In the event the applicant/operator proposes to modify the hours of operation, the modification shall be subject to the review of the Community Development Director. The Community Development Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial. 14. The Lake Elsinore Hotel and Casino may continue with their regular business hours. 15. The project shall be reviewed by the Planning Commission at the second Planning Commission meeting of September or by the first meeting of October 2011, in reference to the impacts that the proposed "Live Entertainment" may have in relation to parking, noise, traffic, or other issues. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said Conditional Use Permit. 16. The "Live Entertainment' use shall operate in compliance with all applicable laws associated with this use. 17. The "Live Entertainment' use shall conform with the minimum age limit and maximum occupancy as follows: a) All attendees must be over 21 years of age. b) Poolside area shall not exceed more than 100 people (self imposed by the hotel). c) The lounge shall not exceed more than 41 people. d) The restaurant shall not exceed more than 116 people. e) Security personnel must be present at all times. f) The applicant can only have one event at one location, on any given day. 18. The applicant shall comply with all conditions of approval prior to commencement of the proposed use. 19. A copy of these conditions of approval shall be kept on site at all times and shall be made available for review to any government official conducting official business. 20. The applicant shall conduct continuous noise measurements during all outdoor entertainment activities to ensure the noise levels do not exceed the maximum levels allowed. 21. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one person shall be present on the premises during all business hours of operation. 22. The Planning Commission reserves the right to hold a public hearing to consider the revocation of the permit, or the imposition of the additional conditions, if the Planning Commission determines that such action is warranted. BUILDING AND SAFETY DIVISION 23. Any and all existing or proposed floor plan changes within the proposed "Live Entertainment' areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. RIVERSIDE COUNTY SHERIFF DEPARTMENT 23. The applicant/operator shall comply with all requirements of the Riverside County Sheriffs Department. RIVERSIDE COUNTY FIRE DEPARTMENT 24. The applicantloperator shall comply with all requirements of the Riverside County Fire Department.