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HomeMy WebLinkAboutItem No. 3CITY OF LAKE k J �` DREAM EXTREME- CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: WARREN MORELION, AICP PLANNING MANAGER PREPARED BY: KIRT A. COURY PROJECT PLANNER DATE: SEPTEMBER 20, 2011 SUBJECT: CONDITIONAL USE PERMIT NO. 2011 -09 — A REQUEST TO OPERATE A MOOSE LODGE WITHIN 3,420 SQUARE FEET OF LEASE SPACE IN THE SEERS PLAZA COMMERCIAL CENTER LOCATED AT 32391, RIVERSIDE DRIVE, SUITES 3, 6, 7 & 8 (APN: 379 - 090 -021) APPLICANT: RICHARD CHRISTIE, LAKE ELSINORE MOOSE LODGE 1021 18665 GRAND AVENUE, LAKE ELSINORE, CA 92530 OWNER: MARGARET L. SEERS FAMILY TRUST 32391 RIVERSIDE DRIVE, LAKE ELSINORE, CA 92530 Proiect Request/Location The applicant is requesting of a Conditional Use Permit to relocate a Moose Lodge from Grand Avenue just outside the City limits to 32391 Riverside Drive, pursuant to the requirements of the Lake Elsinore Municipal Code (LEMC). The project site is comprised of several suites (formally a Mexican food restaurant) within the Seers Plaza located on the west side of Riverside Drive between Eisenhower Drive and Lakeside High School (Attachment 1). PC September 20, 2011 Item No. 3 Page 1 of 11 CONDITIONAL USE PERMIT NO. 2011 -09 — MOOSE LODGE SEPTEMBER 20, 2011 PAGE 2 OF 3 Environmental Setting Protect Description The proposed Moose Lodge will consist of an office, restrooms, storage areas, kitchen, dining area, bar room, meeting room, and kids play arcade area within 3,420 square feet of leased space. The Lodge will operate as a member's only facility in which patrons must be current members or guests of current members. The facility will offer a "Social Quarters" that serves alcohol and a kitchen that serves meals. The Social Quarters and kitchen will operate like a restaurant/bar. The applicant is proposing to take over the former restaurant's ABC license to accommodate use. The Social Quarters and kitchen will be staffed by volunteers only, with no fulltime paid employees. The hours of operation will be Monday through Thursday from 7:00 a.m. to 8:00 p.m.; weekends will remain open until 10:00 p.m. The applicant estimates that the facility might have 40 to 50 members visit the establishment throughout the course of the day. If there is a special event, dinner or meeting scheduled, that number could jump to between 80 and 100 patrons. Analysis While there is expected to be 40 to 50 customers during a 13 hour period on weekdays, the average number of patrons per hour will be approximately four. Special events can bring in 80 to 100 members. However, those events are mostly evening events, and will not conflict other tenant's normal business operating hours. Since the applicant is occupying the same units as the former Mexican food restaurant, and the special events will be evening events, opposite hours of many other tenants, staff does not believe parking will be an issue. Staff has limited these events to after office hours (5:00pm), per condition of approval number six. Staff believes the proposed use, with the attached conditions of approval, meets all applicable development standards and criteria outlined in Chapters 17.124 (General Commercial District) and Chapter 17.168 (Conditional Use Permit). PC September 20, 2011 Item No. 3 Page 2 of 11 EXISTING ZONING GENERAL PLAN LAND USE Project Commercial C -2 (General Commercial) General Commercial Site Center North Residential R -2 (Medium Density Medium Density Residential) South Vacant C -2 (General Commercial) General Commercial East Highway 74 N/A N/A West Vacant R -1 (Single - Family Medium Density Residential) Protect Description The proposed Moose Lodge will consist of an office, restrooms, storage areas, kitchen, dining area, bar room, meeting room, and kids play arcade area within 3,420 square feet of leased space. The Lodge will operate as a member's only facility in which patrons must be current members or guests of current members. The facility will offer a "Social Quarters" that serves alcohol and a kitchen that serves meals. The Social Quarters and kitchen will operate like a restaurant/bar. The applicant is proposing to take over the former restaurant's ABC license to accommodate use. The Social Quarters and kitchen will be staffed by volunteers only, with no fulltime paid employees. The hours of operation will be Monday through Thursday from 7:00 a.m. to 8:00 p.m.; weekends will remain open until 10:00 p.m. The applicant estimates that the facility might have 40 to 50 members visit the establishment throughout the course of the day. If there is a special event, dinner or meeting scheduled, that number could jump to between 80 and 100 patrons. Analysis While there is expected to be 40 to 50 customers during a 13 hour period on weekdays, the average number of patrons per hour will be approximately four. Special events can bring in 80 to 100 members. However, those events are mostly evening events, and will not conflict other tenant's normal business operating hours. Since the applicant is occupying the same units as the former Mexican food restaurant, and the special events will be evening events, opposite hours of many other tenants, staff does not believe parking will be an issue. Staff has limited these events to after office hours (5:00pm), per condition of approval number six. Staff believes the proposed use, with the attached conditions of approval, meets all applicable development standards and criteria outlined in Chapters 17.124 (General Commercial District) and Chapter 17.168 (Conditional Use Permit). PC September 20, 2011 Item No. 3 Page 2 of 11 CONDITIONAL USE PERMIT NO. 2011 -09 — MOOSE LODGE SEPTEMBER 20, 2011 PAGE 3 OF 3 Environmental Staff determined that the project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), specifically pursuant to Section 15301 (1) (a) (Existing Facilities). The site is fully developed and only minor interior alterations are planned in association with the proposed use. Recommendation It is recommended that the Planning Commission adopt Resolution No. 2011 - and approve Conditional Use Permit No. 2011 -09 for the proposed "Moose Lodge" based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Kirt A. Coury, A�cl Project Planner Approved By: Warren Morelion, AICP Planning Manager Attachments: 1. Vicinity Map 2. Planning Commission Resolution 3. Conditions of Approval 4. Acknowledgement of Draft Conditions 5. Site Plan 6. Floor Plan PC September 20, 2011 Item No. 3 Page 3 of 11 VICINITY MAP MOOSE LODGE RELOCATION 32391 RIVERSIDE DRIVE / X A�l 379 - 090 -021 ; i PC September 20, 2011 Item No. 3 Page 4 of 11 RESOLUTION NO. 2011- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2011 -09 FOR THE MOOSE LODGE LOCATED AT 32391, SUITES 3, 6, 7, & 8 RIVERSIDE DRIVE WHEREAS, Richard Christie, has initiated proceedings to request the approval of Conditional Use Permit No. 2011 -09 (the "CUP ") in order to establish and operate a Moose Lodge within an existing building located at 32391, Suites 3, 6, 7, & 8 Riverside Drive, (the "Project'). The site has a zoning designation of General Commercial (C -2) and a General Plan Land Use designation of General Commercial; 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 September 20, 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 -09 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 -09 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. Specifically, the Planning Commission finds that the CUP allows for the operation of a private club or lodge (Moose Lodge establishment) within an existing building located at 32391 Riverside Drive PC September 20, 2011 Item No. 3 Page 5 of 11 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 2 OF 4 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 Conditional Use Permit No. 2011 -09: 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 Conditional Use Permit. 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 Moose Lodge within an established building located at 32391 Riverside Drive. 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. 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 Moose Lodge within an existing commercial building located at 32391 Riverside Drive 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 PC September 20, 2011 Item No. 3 Page 6 of 11 PLANNING COMMISSION RESOLUTION NO. 2011- PAGE 3 OF 4 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 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 Moose Lodge has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on September 20, 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 -09. 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 20 day of September, 2011. Shelly Jordan, Chairperson City of Lake Elsinore ATTEST: Robert A. Brady, City Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) PC September 20, 2011 Item No. 3 Page 7 of 11 PLANNING COMMISSION RESOLUTION NO. 2011 - PAGE 4 OF 4 I, Robert A. Brady, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -09 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20 day of September 2011, and that the same was adopted by the following vote: AYES: 0 1 16003 ABSENT: ABSTAIN: Bob Brady City Manager PC September 20, 2011 Item No. 3 Page 8 of 11 CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2011-09 MOOSE LODGE FACILITY LOCATED AT 32391, RIVERSIDE DRIVE, SUITES 3, 6, 7 & 8, (APN: 379 - 090 -021) 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 the project attached hereto. 2. 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 applicable provisions of the Lake Elsinore Municipal Code (LEMC). 3. Conditional Use Permit No. 2011 -09 shall lapse and shall become void two (2) years following the date on which the use permit became effective, unless prior to the expiration, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the use permit application. 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 applicant shall not conduct special events (i.e. birthday parties, banquets, receptions, etc.) prior to 5:OOp.m daily. 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.A business license shall be obtained prior to a certificate of occupancy of the proposed establishment. Planning Commission PC September 20, 2011 Item No. 3 Page 9 of 11 Conditions of Approval Page 2 of 2 Conditional Use Permit No. 2011 -09 — Moose Lodge 11. The landscaping along the public right of way and within the parking lot shall be re- established and the irrigation system must be in a working condition prior to obtaining a certificate of occupancy. 12. There shall be no loitering in or around the business. 13. Business hours shall be Monday - Thursday from 7:00 a.m. to 8:00 p.m, and Friday — Sunday from 7:00 a.m. to 10:00 p.m and as indicated 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. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this conditional use permit may be referred back to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said conditional use permit. 15. The applicant shall comply with all conditions of approval prior to commencement of the proposed use. Prior to Building Permits 16.Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Environmental Health Department have been met. 17. Prior to issuance of building permits, the applicant shall pay all appropriate fees. RIVERSIDE COUNTY SHERIFF DEPARTMENT 18.The applicant/operator shall comply with all requirements of the Riverside County Sheriff Department. RIVERSIDE COUNTY FIRE DEPARTMENT 19.The applicant/operator shall comply with all requirements of the Riverside County Fire Department. Planning Commission PC September 20, 2011 Item No. 3 Page 10 of 11 CITY OF LSIIYORE DREAM EXTREME ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Conditional Use Permit No. 2011 -09 — A request to operate a Moose Lodge at 32391 Riverside Drive. I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore Date: Property Owner's Signature Print Name: Address: Phone Number: Applicant's Sigr Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. PC September 20, 2011 Item No. 3 Page 11 of 11