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HomeMy WebLinkAboutCC Reso No 2013-063 City Council ResoRESOLUTION NO. 2013 -063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2013 -07; A REQUEST FOR THE INSTALLATION OF A 1,920 SQUARE FOOT PORTABLE YOUTH GATHERING BUILDING TO BE PLACED ADJACENT TO THE EXISTING AMPHITHEATER FOR THE LAMB'S FELLOWSHIP LOCATED AT 21901 RAILROAD CANYON ROAD. WHEREAS, Don Lincoln/The Lamb's Fellowship, filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2013 -07 ( "the Project "), and WHEREAS, the applicant proposes the Project on property located at 21901 Railroad Canyon Road, also known as Assessor's Parcel No.'s 363- 180 -031 (the "Site "); and WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ( "LEMC ") the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for commercial design review applications; and WHEREAS, on October 1, 2013 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; and made its recommendation in favor of Commercial Design Review No. 2013 -07 by adopting Planning Commission Resolution No. 2013 -71 recommending to the City Council approval of Commercial Design Review No. 2013 -07; and WHEREAS, on October 22, 2013 at a duly noticed public hearing, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Commercial Design Review No. 2013 -07 for a 1,920 square foot portable youth gathering building to the existing Lamb's Fellowship located at 21901 Railroad Canyon Road. The City Council finds and determines that the Commercial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources City Council Resolution No. 2013- 063 Page 2 of OF 3 Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") pursuant to a Section 15332 (Class 32) (In -Fill Development projects) categorical exemption Specifically, the City Council finds that the Project: SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2013 -07: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. 2. The Project complies with the design directives contained in the General Plan and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the youth gathering building has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to a 15332 (Class 32) (In -Fill Development Projects) categorical exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the project blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Section 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on October 1, 2013 and pursuant to Section 17.184.090 of the LEMC the project was considered for approval by the City Council at a duly public hearing on October 22, 2013. City Council Resolution No. 2013- 063 Page 3ofOF3 SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the City Council approves Commercial Design Review No. 2013 -07. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 22n day of Oc a Robert E. Magee, ATTEST: Virginia J. loom, i y Clerk APPROVED AS TO FORM. 'I ' B rb, ra Z, Le6old, City Attorney , 2013. CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013 -07 GENERAL 1. The proposed project (Commercial Design Review No. 2013 -07) consists of the installation of a new 1,920 square foot portable youth gathering building and associated on site improvements to be placed adjacent to the existing amphitheater for Lambs Fellowship located at 21901 Railroad Canyon Road. 2. 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. 3. Design Review approval for the Commercial Design Review No. 2013 -07 will lapse and be void unless a building permit is issued within two (2) years of the approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review approval. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. PLANNING DIVISION 4. Within 30 days of project approval, 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 shall submit a check in the amount of $50.00 made payable to "County of Riverside" for filing of a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval 6. All conditions of approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 7. All site improvements shall be constructed as indicated on the submitted plans. The applicant shall meet all required development standards as indicated by the Commercial Design Guidelines and the Lake Elsinore Municipal Code (LEMC). Any other revisions to the approved site plan or building elevations shall be subject to the review of the Community Development Director or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by the conditions of approval. Planning Commission Page 1 of 5 October 1, 2013 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013 -07 8. All materials and colors depicted on the plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee. 9. The Applicant shall comply with all applicable City codes and ordinances. 10.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to a state acceptable to and approved by the Community Development Director or his designee. 11.The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 8:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 12.The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 13.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so as to be invisible from neighboring properties or public streets. Air conditioning units and related equipment may not encroach more than two -feet (2) into the required minimum side yard setback. 14.The Applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 15. Prior to issuance of a building permit, the Applicant shall pay park -in -lieu fees at the rate in effect at the time that the applicant requests the building permit. 16.The Applicant shall satisfy all conditions of approval prior to the issuance of a Certificate of Occupancy and release of utilities. 17.The Applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits. 18. The Applicant shall pay all applicable Library Capital Improvement Fund fees. Planning Commission Page 2 of 5 October 1, 2013 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013-07 19. The applicant shall place a weatherproof 3 identifying the approved days and hours o complaints regarding the operation can be Enforcement Division (951) 674 -3124. The of a grading permit. BUILDING DEPARTMENT PRIOR TO BUILDING PERMITS ' x 3' sign at the entrance to the project site f construction activity and a statement that lodged with the City of Lake Elsinore Code sign shall be installed prior to the issuance 20. All construction plans must be in accordance with the 2010 building codes and ADA requirements. However, if the building permits are not obtained prior to January 1, 2014. The plans must be resubmitted to meet the 2013 Building Codes. 21. Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 22. Prior to issuance of building permits, the applicant shall provide assurance that all requirements of the Riverside County Environmental Health Department have been met. 23. Prior to issuance of building permits, the applicant shall pay all appropriate fees. ENGINEERING DIVISION 24.The applicant shall comply with current Soils Engineer recommendations. CITY OF LAKE ELSINORE FIRE MARSHAL PRIOR TO OCCUPANCY /FINAL APPROVAL: 25. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2 x 11" mylar) shall be submitted to the Engineering Division before final inspection will be scheduled. 26. Blue Dot Reflectors- Blue retro- reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. Planning Commission Page 3 of 5 October 1, 2013 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013 -07 27. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 1,500 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500' and 250' maximum distance from any point on the street or road frontage to hydrant. 28. Super Fire Hydrants- Super fire hydrants (6" x 4" x 2 -2 1/2 "), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. 29. Gate Entrances- Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one -way road with a single traffic lane provides access to a gate entrance, 40 foot turning radius shall be used. PRIOR TO BUILDING PERMIT ISSUANCE 30. Plan Check Fee- Building plan check fee made payable to The City Lake Elsinore, and shall be submitted to the Fire Department at time plans are submitted to our office(s). 31. Water System Verification- Written verification of the fire flow required shall be provided from the local water purveyor. The letter shall be dated within 1 year of the date of verification submittal. The letter shall include the location of the fire hydrant, the type of hydrant (6x4x2- 1/2x2 -1/2), and the exact flow at 20 psi. PRIOR TO BUILDING FINAL INSPECTION 32.Adjust Existing Alarm System- The existing fire alarm system shall be modified to provide proper coverage as required by the California Building Code, California Fire Code and adopted standards. A C -10 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 33. Designated Fire Lanes- 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. 34. Fire Extinguishers — Minimum Install portable fire extinguishers complying with the California Fire Code with a minimum rating of 2A -10BC and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center Planning Commission Page 4 of 5 October 1, 2013 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2013 -07 above floor level with maximum 4" projection from the wall. Please contact Fire Department for proper placement of equipment prior to installation. AFTER CERTIFICATE OF OCCUPANCY 36. Five -Year Review — If the applicant has not submitted a complete application for a permanent structure to replace the portable structure within five years of the issuance date of the Certificate of Occupancy, the Planning Commission shall review the des i n and condition of the portable structure and shall make one of the following findings: (i) the portable structure must be removed within a specific time period; (ii) the portable structure and /or the adjacent landscaped_ a_ rea must be modified and the portable structure can be maintained for a specified -period of time in its existing location or relocated on the project site; or (iii) the portable structure can be maintained in its existing condition for a specified period of time in its existing location or relocated on the project site. (Added by Planning Commission at its hearing on October 1, 2013.) Planning Commission Page 5 of 5 October 1, 2013 STATE OF CALIFORNIA } COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE } I, Virginia J. Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -063 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 22 day of October 2013, and that the same was adopted by the following vote: AYES: Council Member Tisdale, Mayor Pro Tern Johnson, Council Member Manos, Council Member Hickman, and Mayor Magee NOES: None ABSENT: None ABSTAIN: None Virginia , . Bloom dty Clerk