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HomeMy WebLinkAboutItem No. 6CITY OF LADE LSII`IOR E DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: AUGUST 3, 2010 SUBJECT: CONDITIONAL USE PERMIT NO. 2010-02; A REQUEST TO ESTABLISH AND OPERATE A CHURCH WITHIN AN EXISTING BUILDING LOCATED AT 169 NORTH MAIN STREET. APPLICANT: ALEX LOPEZ ESPITIA, MINISTERIO MUNDIAL EMMANUELCHURCH 169 N. MAIN STREET, LAKE ELSINORE, CA 92530 OWNER: ANATOLY STAVCHANSNY 1124 NORTH KINGS ROAD, SUITE 102 WEST HOLLYWOOD, CA 90069 Project Request The applicant is requesting a Conditional Use Permit (CUP) to establish and operate the "Ministerio Mundial Emmanuel Church" at 169 North Main Street, within the Lake Elsinore Downtown Historic District. Project review is pursuant to Lake Elsinore Municipal Code Chapter 17.120 (NC; Neighborhood Commercial) Zoning District, Chapter 17.148 (Parking Requirements), Chapter 17.168 (Conditional Use Permits) and the Historic Elsinore Architectural Design Standards. Background The applicant is requesting to establish and operate a church facility within an existing retail building in the City's Historic Downtown District. The building which was previously used as an antique store has been vacant for an extended period of time. The overall site is fully developed. PC August 3, 2010 Item No. 6 Page 1 of 23 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT 2010 -02 Setting Discussion Church Operations The applicant's operational statement indicates that the pastor's office will be open during the week during normal business hours. Otherwise, religious services will only take place on Thursday evenings from 6:00 p.m. to 8:00 p.m. and on Sunday evenings from 7:00 p.m. to 9:00 p.m. Smaller functions such as prayer meetings, planning meetings, etc. will also take place on week nights from 7:00 p.m. to 9:00 p.m. Functions within the multi - purpose room will also occur during service periods and on other evenings during the week. Peak use of the facility will occur during services and will consist of approximately Seventy (70) persons including children. It should also be noted that no parochial school ordaycare services are being proposed at this time onsite. However, the applicant has made staff aware that proposed classrooms and nursery rooms will be used forthose purposes during the time that the religious services are taking place as a convenience to church members. Project Location & Siting The existing building for the proposed church fronts Main Street which serves as its main entrance. Vehicular access to the rear of the building is achieved across the property via Peck Street. Secondary building exits, including a handicap accessible access with associated ramp, are located along the rear elevation of the building. In addition, a paved former parking lot currently exists on the north side of the building. However, staff has determined that the former parking lot cannot be utilized by the proposed church given that its previous one -way access off Main Street does not exist any more and the creation of two way vehicular access from the rear of the property would result in an unsafe blind corner. Instead, the church indicates that they may occasionally utilize this paved area for church functions. In accordance with Building Code requirements, the applicant is proposing to add one van accessible parking space at the rear of the building. No other PC August 3, 2010 Item No. 6 Page 2 of 23 LNpUES �ZrI G GE_ NRA P PROJECT VACANT BUILDNG (NC) NEIGHBORHOOD (NC) NEIGHBORHOOD SITE COMMERCIAL COMMERCIAL CITY CULTURAL (NC) NEIGHBORHOOD (NC) NEIGHBORHOOD NORTH CENTER COMMERCIAL COMMERCIAL COMMERCIAL (NC) NEIGHBORHOOD (NC) NEIGHBORHOOD SOUTH COMMERCIAL COMMERCIAL COMMERCIAL (NC) NEIGHBORHOOD (NC) NEIGHBORHOOD WEST COMMERCIAL COMMERCIAL COMMERCIAL/VACANT (NC) NEIGHBORHOOD (NC) NEIGHBORHOOD EAST COMMERCIAL COMMERCIAL Discussion Church Operations The applicant's operational statement indicates that the pastor's office will be open during the week during normal business hours. Otherwise, religious services will only take place on Thursday evenings from 6:00 p.m. to 8:00 p.m. and on Sunday evenings from 7:00 p.m. to 9:00 p.m. Smaller functions such as prayer meetings, planning meetings, etc. will also take place on week nights from 7:00 p.m. to 9:00 p.m. Functions within the multi - purpose room will also occur during service periods and on other evenings during the week. Peak use of the facility will occur during services and will consist of approximately Seventy (70) persons including children. It should also be noted that no parochial school ordaycare services are being proposed at this time onsite. However, the applicant has made staff aware that proposed classrooms and nursery rooms will be used forthose purposes during the time that the religious services are taking place as a convenience to church members. Project Location & Siting The existing building for the proposed church fronts Main Street which serves as its main entrance. Vehicular access to the rear of the building is achieved across the property via Peck Street. Secondary building exits, including a handicap accessible access with associated ramp, are located along the rear elevation of the building. In addition, a paved former parking lot currently exists on the north side of the building. However, staff has determined that the former parking lot cannot be utilized by the proposed church given that its previous one -way access off Main Street does not exist any more and the creation of two way vehicular access from the rear of the property would result in an unsafe blind corner. Instead, the church indicates that they may occasionally utilize this paved area for church functions. In accordance with Building Code requirements, the applicant is proposing to add one van accessible parking space at the rear of the building. No other PC August 3, 2010 Item No. 6 Page 2 of 23 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT 2010 -02 exterior improvements are proposed in association with the project. Floor Plan The applicant intends to utilize both floors of the existing two -story building. The main floor would consist of the 4,528 square foot sanctuary with stage and bench seating, along with a 1,427 square foot multi - purpose room, 331 square foot pastor's office and two restroom facilities. The second story would consist of 1,796 square feet of class room space, a 584 square foot youth room and 336 square foot nursery area. While the current church membership totals approximately 70 persons, it is anticipated that the church congregation will grow considerably in the next few years. Therefore, at total of 193 fixed seats are proposed within the sanctuary to accommodate the future growth. Parking Requirements The application materials indicate that a total of One - Hundred and Ninety -Three (193) fixed seats will be provided within the church sanctuary. LEMC Section 17.148.030.D.2 requires that one parking space be provided for each three fixed seats. Therefore, a total of Sixty - Four (64) onsite parking spaces are required in association with the church facility. As indicated above, with the exception of one van accessible parking space, no other onsite parking facilities will be provided onsite. The subject property is located within the Neighborhood Commercial portion of the Historic Downtown Area. The Historic Elsinore Architectural Design Standards govern land use issues within the downtown area. In consideration of the typical small lot sizes along Main Street, the Standards state that " Onsite parking requirements may be reduced if it can be demonstrated that sufficient off -site municipal parking exists within Three - Hundred Feet (300') of the proposed use." Analysis Parking Availability As previously indicated, a total of Sixty -Four (64) onsite parking spaces would normally be required based on the amount of proposed fixed seats within the church sanctuary. Staff has determined that approximately One - Hundred and Forty -Four (144) Municipal parking spaces currently exist within a 300 -foot radius of the subject property. This total includes both on- street parking and the existing Forty -Five (45) space Municipal parking lot on Peck Street between Main Street and Spring Street (See Attachment 4 for Municipal Parking Space Inventory). It should be noted that this total does not include the City owned vacant lot across the street and to the east of the Cultural Center. Staff has determined that a separate Hispanic church facility "Familia De Nuevo Nacimiento" currently exists at 117 N. Spring Street around the block and to the west of the proposed church site. Staff contacted the church representatives who indicated that they to conduct a church service on Sunday evenings from 6:00 to 9:00 which coincides with the PC August 3, 2010 Item No. 6 Page 3 of 23 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT 2010 -02 applicant's proposed service time. The existing church stated that approximately 200 people attend their service including children. It should be noted that the church has an off - street parking lot consisting of approximately Twenty -One (21) spaces which accommodates a portion of the church members. Given that many of the existing downtown businesses do not operate in the evening hours, and given that multiple church members often arrive in a single vehicle or walk to church service, staff believes that adequate municipal parking currently exists within the downtown area to accommodate both the current membership and the anticipated future growth of the congregation along with the coinciding church service located on Spring Street. However, so as to ensure that inadequate parking is not an issue, staff has added a recommended condition of approval which allows the City Manager, or his designee, to refer the matter back to the Planning Commission for subsequent review if deemed necessary. Special Events The applicant has indicated that the church may wish to occasionally conduct outdoor church functions on the subject property. Staff has added a recommended condition of approval requiring that either a Temporary Use Permit or Special Event Permit, as applicable, be obtained from the City prior to conducting such events. Screening along Main Street An unused paved area on the northern portion of the subject property (between the existing building and the adjacent City Cultural Center is currently visible along its Main Street frontage. In an effort to provide privacy and improve aesthetics along Main Street, staff has added a recommended condition of approval requiring that the applicant fully screen the frontage. The specific method and design of the screening would be reviewed and approved by the City Manager or his designee. Overall, staff has determined that the proposed use, with the attached conditions of approval, meets all applicable development standards and criteria outlined in the (NC- Neighborhood Commercial, Chapter 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards. Environmental Determination 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 Existing Facilities. The Project involves only interior modifications to an existing commercial building. Furthermore, none of the exceptions to this Class 1 exemption, as identified in Section 15300.2, apply to the Project. PC August 3, 2010 Item No. 6 Page 4 of 23 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT 2010 -02 Recommendation a. Adopt a Resolution No. 2010 -_ adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, b. Adopt a Resolution No. 2010 -_ approving Conditional Use Permit No. 2010 -02 for the establishment and operation of a church facility within an existing vacant building, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Matthew C. Harris, K Senior Planner nn��►►,, Approved By: Robert A. Brady pj)� City Manager VVVVVV"''''������yyyjjj"'''' Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. Municipal Parking Space Inventory 5. CEQA Notice of Exemption 6. Draft Acknowledgment Conditions of Approval 7. Applicant's Operational Statement 8. Site Plan /Floor Plan/ Elevations PC August 3, 2010 Item No. 6 Page 5 of 23 VICINITY MAP CONDITIONAL USE PERMIT 2010 -002 APN 374 - 173 -006 & 011 PLANNING COMMISSION PC August 3, 2010 Item No. 6 Page 6 of 23 RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Alex Lopez Espitia of "Ministerio Mundial Emmanuel Church ", submitted an application for a Conditional Use Permit to establish and operate a church facility within an existing vacant building located at 169 N. Main Street (APN: 374 -173- 006 & 011) (the "Project "); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.168 the request for the consideration of a Conditional Use Permit for the proposed church facility is a discretionary action to be considered, reviewed, and approved, conditionally approved or denied by either the Lake Elsinore Planning Commission and /or the City Council; and WHEREAS, public notice of the Project 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 August 3, 2010. 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 Project's consistency with Findings of Consistency for the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following Consistency Findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site is not located within an MSHCP Criteria Cell, PC August 3, 2010 Item No. 6 Page 7 of 23 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE2OF4 Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The Project site is fully developed and all on -site improvements are incorporated, and no habitat is present on site. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. The Project site is already developed. A reconnaissance survey revealed that no riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The site is not located in any of these areas. Moreover, the site is fully developed and all on -site improvements are incorporated. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. 6. The Project is consistent with the UrbanMildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. PC August 3, 2010 Item No. 6 Page 8 of 23 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 3 OF 4 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will not be required to pay the City's MSHCP Local Development Mitigation Fee given that the site is fully improved and developed. 10. The Project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with the MSHCP. SECTION 3. Based upon the evidence presented, the Planning Commission hereby adopts the findings above regarding the Project's consistency with the MSHCP. SECTION 4. 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 3rd day of August, 2010. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC August 3, 2010 Item No. 6 Page 9 of 23 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manger of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of August 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC August 3, 2010 Item No. 6 Page 10 of 23 RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010 -02. WHEREAS, Alex Lopez Espitia of "Ministerio Mundial Emmanuel', has initiated proceedings to request the approval of Conditional Use Permit No. 2010 -02 (the "CUP ") in order to establish and operate an approximately 8,849 square -foot church facility ( "Ministerio Mundial Emmanuel') within the existing Lake Elsinore Downtown Historic District. The project site is located at 169 North Main Street. The site is within the (NC) Neighborhood 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 August 3, 2010 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. 2010 -02 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. 2010 -02 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. 2010 -02: PC August 3, 2010 Item No. 6 Page 11 of 23 PLANNING COMMISSION RESOLUTION NO. 2010- 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 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 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 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. 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 establishment and operation of church facility to be located within an existing vacant building at 169 N. Main Street (APN: 374 -173 -006 & 011). The proposed use has been analyzed and staff has determined that the use meets all applicable sections of the Lake Elsinore Municipal Code and Historic Elsinore Architectural Design Guidelines 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 interior modifications to the existing commercial building located at 169 North Main Street as well as the proposed church 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 analyzed the proposed parking for the site against Chapter 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC & Historic Elsinore Design Standards) 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 and the Historic Elsinore Design Standards. PC August 3, 2010 Item No. 6 Page 12 of 23 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 3 OF 4 4. 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 thereby eliminating the potential for any adverse effects. 5. 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 "Ministerio Mundial Emmanuel" use has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting on August 3, 2010. 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. 2010 -02. 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 3rd day of August, 2010. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager PC August 3, 2010 Item No. 6 Page 13 of 23 PLANNING COMMISSION RESOLUTION NO. 2010- 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. 2010- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of August 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady, City Manager PC August 3, 2010 Item No. 6 Page 14 of 23 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2010-02 MINISTERIO MUNDIAL EMMANUAEL CHURCH 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. 2010 -02 for "Ministerio Mundial Emmanuel Church" located at 169 N. Main Street (APN: 374 - 173 -006 & 011) project attached hereto. 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 17.80 of the Lake Elsinore Municipal Code. 4. Prior to issuance of any building permits, 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 comply with the City's Noise Ordinance in association with facility construction and daily operations. All construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. 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. 8. 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. 9. The site layout, building floor plans and uses approved with this Conditional Use PC August 3, 2010 Item No. 6 Page 15 of 23 Permit shall be constructed, erected and operated as indicated on the approved plans and operational statement. 10. 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. 11. 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. 12. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be placed on the property prior to the issuance of a building permit. 13. Any proposed exterior signage shall comply with Lake Elsinore Municipal Code, Title 17 requirements. 14. A Temporary Use Permit or Special Event Permit, as applicable, shall be obtained prior to conducting outdoor events on the subject property. 15. The applicant shall fully screen the existing open frontage along Main Street prior to initiation of the proposed use. The method and design of the screening shall be reviewed and approved by the City Manager or his designee prior to installation. 16. If operation of this use triggers concerns related to public parking availability within the vicinity of the subject property, at the discretion of the City Manager or his designee, 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. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 17. Any /all applicable fees shall be paid, prior to the issuance of a building permit. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY 18. The applicant shall comply with all applicable conditions of approval prior to issuance of Certificate of Occupancy. PC August 3, 2010 Item No. 6 Page 16 of 23 BUILDING AND SAFETY DIVISION 19. The site must be fully compliant with all accessibility requirements as outlined in the 2007 California Building Code Chapter 11B, including but not limited to access from the public right of way, onsite path of travel from the proposed accessible parking to an accessible entrance to the building, restrooms, and signage. 20. Building to have a fully automatic fire sprinkler system installed in conformance with California Fire Code and Riverside County Fire Department requirements. 21. Building to have a fire alarm monitoring system installed in conformance with California Fire Code and Riverside County Fire Department requirements. 22. The exiting requirements of the main floor of the building have not been determined at this time and may have to be altered based on the structural plan check submittal and the arrangement of the fixed and /or non -fixed seating proposed for the building. 23. The exiting requirements of the lower floor will be subject to the number and age of the people that will be occupying the nursery and classrooms. Based on current information the existing exiting is adequate. 24. A Title 24 energy calculation will have to be provided at structural plan check submittal to show compliance with all energy code requirements. RIVERSIDE COUNTY FIRE DEPARTMENT 25. The applicant shall comply with all Riverside County Fire Department requirements and Conditions of Approval (see attached). PC August 3, 2010 Item No. 6 Page 17 of 23 RIVERSIDE COUP FIRE DEPART 115INT IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION 2300 Market St., Ste. 150 Riverside, California 92501 (951) 955 -4777 Fax (951) 955 -4886 www.rvcfire.org PROUDLY SERVING THE CONDITIONS OF APPROVAL UNINCORPORATED AREAS OF RIVERSIDE O CASE NUMBER: 10 -LE- CUP -02 CHANGE IN USE CITIES OF: F: AND THE C ANDT MINISTERIO MONDIAL EMMANUEL, 169 N. MAIN ST, LAKE BANNING ELSINORE, CA 92532 Ph: 951 230 -7153 BEAUMONT APPLICANT: AUGUSTINE RESENDIZ, CITY OF LAKE ELSINORE CALIMESA CANYON LAKE REVIEWED BY: AFM DANIEL WAGNER ON JULY 14, 2010 COACHELLA DESERT HOT SPRINGS The Riverside County Fire Department approves the plan submitted on July INDIAN WELLS 13, 2010 with the following conditions: INDIO LAKE ELSINORE LA QUINTA 10. GENERAL CONDITIONS MENIFEE MORENO VALLEY 10.FIRE.999PC - #01 — West Fire Protection Planning Office Responsibility PALM DESERT It is the responsibility of the recipient of these Fire Department conditions to forward them FERRIS to all interested parties. The permit number ( it is noted above is required on all RANCHO MIRAGE correspondence. RUBIDOUx CSD Additional information is available at our website: www.rvcfire.org go to the link marked SAN JACINTO "Ordinance 787 ". TEMECULA Questions should be directed to the Riverside County Fire Department, Fire Protection WILDOMAR Planning Division at 2300 Market St. Suite 150, Riverside, Ca 92501. Phone: (951) 955- 4777, Fax: (951) 955 -4886. BOARD OF SUPERVISORS: BOB BUSTER DISTRICT 1 JOHN TAVAGLIONE DISTRICT 2 JEFF STONE DISTRICT 3 JOHN BENOIT DISTRICT 4 MARION ASHLEY DISTRICT 5 77 -933 Las Montanas, Palm Desert, CA 92211 • (760) 863 -8886 • Fax (760) 863 -7072 WWW.RVCFIRE.ORG ments and Settings \award \My Documents \Conditions \Conditions2 \LAKE ELSINORE \10 -LE- CUP-02 change use 7- 14- 2010.doc PC August 3, 2010 Item No. 6 Page 18 of 23 80. PRIOR TO BUILDING PERMIT ISSUANCE 80.FIRE.999 USE -#17A -BLDG PLAN CHECK $ IN EFFECT Building plan check deposit fee of $307 to $1,056.00, shall be paid in a check or money order to the Riverside County Fire Department after plans have been reviewed by our office. 90. PRIOR TO BUILDING FINAL INSPECTION 90.FIRE.999 USE -#45 —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. 90.FIRE.999 USE - #12A- SPRINKLER SYSTEM IN EFFECT Install a complete fire sprinkler system per NFPA 13 2002 edition (13D and 13R system are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe size in excess of 4" inch diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and the minimum of 25 feet from the building (s). A statement that the building (s) will be automatically fire sprinkled must be included on the title page of the building plans. (Current sprinkler plan check deposit base fee is $614.00 per riser) applicant or developer shall be responsible to install a U.L. Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system (s) water flow, P.I.Ws and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline handout (current monitoring plan check deposit base fee is $192.00) 90.FIRE.999 USE - #83- AUTO /MAN FIRE ALARM IN EFFECT Applicant or developer shall be responsible to install a manual and automatic Fire Alarm System. Plans must be submitted to the Fire Department for approval prior to installation. (Current plan check deposit base fee $627.00) 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 a recessed cabinets mounted 48" (Inches) to center 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 WWW.RVCFIRE.ORG C: \Documents and Settings \award \My Documents \Conditions \Conditions2 \LAKE ELSINORE \10 -LE- CUP -02 change use 7- 14- 2010.doc PC August 3, 2010 Item No. 6 Page 19 of 23 VICINITY MAP CONDITIONAL USE PERMIT 2010 -002 APN 374 - 173 -006 & 011 (300' BUFFER) PC August 3, 2010 Item No. 6 Page 20 of 23 CITY OF LADE LSII`�OR,E DREAM EXTREME. Filed With: ❑ Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Notice of Exemption O County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Conditional Use Permit No. 2010 -02: Ministerio Mundial Emmanuel Church Facility. Project Location (Specific): The proposed project site is located at 169 N. Main Street 374 - 173 -006 & 011). Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: Conditional Use Permit No. 2010 -02: The applicant is requesting approval of a Conditional Use Permit (CUP) in order to establish and operate a church facility within an approximately 8,849 square -foot existing retail building located at 169 N. Main Street (APN: 374 - 173 - 006,011). Project review is pursuant to Chapter 17.120 Neighborhood Commercial Zone, 17.168 (Conditional Use Permits) and 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Matthew C. Harris, Senior Planner, City of Lake Elsinore Exempt Status: ❑ Ministerial (Section 15073) ❑ Declared Emergency (Section 15071 (a)) ❑ Emergency Project (Section 15071 (b) and (c)) ❑x Categorical Exemption (state type and section number): Class 1(a) (Existing Facilities) Reasons why project is exempt: This project meets the requirements pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA). The site is fully developed with an existing building. Contact Person: Matthew C. Harris, Senior Planner Signed: Robert A. Brady Telephone Number: (951) 674 -3124 x 279 Title: City Manager PC August 3, 2010 Item No. 6 Page 21 of 23 Jul 27 10 04:57p Brenda McGaffigan 949 494 -7969 CITY OF i.�'q, _ LADE �LSII R DREAM EXTREME. ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: CONDITIONAL USE PERMIT NO. 2010 -02; A REQUEST TO ESTABLISH AND OPERATE A CHURCH FACILITY WITHIN AN EXISTING BUILDING LOCATED AT 169 N. MAIN STREET (APN: 374 -173 -006 & 011). 1 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. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code (LEMC). Date: 7 -�vi Applicant's Print Name; Address: Phone Number: (a;/ --Z/ -Z3 S G�'vYC'�-' 16 r . %U r�- d�Yess. C; k p.1 k > ,r. v-e 9 (2,5 -1 � o k e- F 1 Sln0rt c 9263 0 PC August 3, 2010 Item No. 6 Page 22 of 23 June 22 2010 Mr. Harris Ministerio Mundial Emmanuel has about 7o family members from different cultures. Our services are both English and Spanish. We would like to use the building for our services every Thursday from 6 pm -8pm and Sundays from 7 pm -9 pm. We would also like to use the building on Mondays, Tuesdays and Fridays from 7 pm to 9 pm for other meetings: meetings for prayer, meetings to plan future events and meetings to provide counseling when necessary. I want to letyou know that our church is passionate towards helping families who maybe facing problems in the community. We are currently developing ideas to promote activities that will benefit the youth and help enrich the city of Lake Elsinore in the near future. The Proposal usage for the Main Floor which we called The Sanctuary: Typical service format: 1. Greetings to all members and new comers. 2. Approximately 20 -30 minutes of live music. 3. Announcements of coming events. 4. Offering 5. Special song 6. Biblical message/ Sermon 7. Altar call 8. Pray for the Sick and needy. 9. Dismiss The type of music in our church is a mixture of contemporary Christian pop, and easy listening style. We care for the wellness of our members for this reason we pay close attention to the overall volume for our worship time. We use an Electric drum set not an acoustic one, to comply with a low volume environment. We do not use any distortion sounds or sound effects during our worship time. Our Sound Technician is a professional conservative Christian with many years of experience, his primary focus and responsibility is for everyone who attends our church to leave home with a smile not a headache. ✓ We have twenty seven Pews (11' -8" x 2') that will be attached to the floor. ✓ We will not be using the onsite parking. ✓ We don't have any church employees other than myself, however, we may have 2 or 3 volunteers for a few hours during the week as needed. ✓ Peak use for the facility we anticipate no more than 150 including children. ✓ We will not be using the onsite parking. ✓ We do not plan any other exterior modifications other than the new paint to the front of the building (earth tone) with the city's approval. The proposal usage for the lower Floor: Classrooms for the children Computer and printers available Offices supplies Nursery care for infants Thank You for your attention. Pastor Alex Lopez PC August 3, 2010 Item No. 6 Page 23 of 23