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HomeMy WebLinkAboutCC Reso No 2016-010 CC Reso Approving CUP 2015-09 Establisment & Operations of Dream CenterRESOLUTTON NO. 2016-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITION USE PERMIT NO. 2015-09 FOR THE ESTABLISHMENT AND OPERATION OF THE DREAM CENTER LOCATED AT 114 E. PECK STREET WHEREAS, Pastor Brett Masters on behalf of the Dream Center (the "Applicant") has requested approval of Conditional Use Permit No. 2015-09, to establish and operate the Dream Center at 114 E. Peck Street which is referred to herein as the "Project", and WHEREAS, the Project is for the establishment and operation of "The Dream Center", within an existing 2,325 square foot building, one-story in height, to provide administrative and executives offices, storage, conference room, multi-purpose room, and restroom for the Adopt-A-Block Program, volunteer services and related volunteer activities. The subject property is located at 1'14 E. Peck Street (APN 373-023-020) and has a General Plan Land Use Designation of Commercial Mixed Use and is Zoned Commercial Mixed Use within the Downtown Master Plan, Historic District; and, WHEREAS, the application for Conditional Use Permit No. 20'15-09 proposes the establishment and operation of the Dream Center that is not identified as a permifted, conditionally permitted, or prohibited land use within the Downtown Master Plan Land Use Matrix, however, the Downtown Master Plan authorizes the Director of Community Development to determine if a use is permitted, conditionally permitted, or prohibited. The Director has determined that with the benefit of a conditional use permit, public hearing process, and applicable conditions of approval such use can provide community benefits and have potential impacts mitigated to insignificant levels; and, WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code ("LEMC") provides that certain uses have operational characteristics that, depending on 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, on November 17,20'15 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. The public hearing was continued to the next regular Planning Commission meeting on December 15, 2015; and WHEREAS, on December 15,2015 at a continued public hearing the Planning Commission considered evidence presented by the Community Development Department and oral and written testimony and deferred final action to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Resolution No. 2016-010 Page 2 of 4 SECTION 1. The City Council has considered Conditional Use Permit No.2015- 09 for the proposed Dream Center facility for the Adopt-A-Block Program, volunteer services and related volunteer activities and has found it acceptable subject to mandatory conditions of approval. SECTION 2. The Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code SS21000 et seq. "CEQA") and the State CEQA Guidelines (14. Cal. Code Regs. SS1 5000 et seq.), specifically pursuant to Section 15301 (Class 1 - Existing Facilities); because the proposed Project consists of the establishment of a community-orlented program within an existing building which involves negligible or no expansion of use. SECTION 3. That in accordance with California Planning and Zoning Law and Lake Elsinore Municipal Code Section 17.168.080 Findings, the City Council makes the following findings regarding Conditional Use Permit No. 2015-09: 1. That 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. The Dream Center conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a well-balanced and functional mix of residential, commercial, industial, open space, recreational and institutional land uses. The project will provide volunteer services and activities that is property conditioned and regulated will benetit the City, residents and histoic downtown area. 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 oppoftunity to review the Conditional Use Permit and their comments have been addressed in the conditions of approval attached to the staff repoft for this Project. Conditions have been applied relating to the proposed use so as lo eliminate or reduce to the extent practicable any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development, neahy residential developmenf, busrness owners and operators, residents, the Histoic Downtown Master Plan area and the City of Lake Elsinore. 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 (Zoning) of the Lake Elsinore Municipal Code. Resolution No. 2016-01 0 Page 3 of 4 The proposed Conditional Use Permit for the Dream Center is a facility providing volunteer seruices and related volunteer activities. The proposed use will be conducted within an existing building and will not require any significant inteior or exteior alterations. The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code, Downtown Master Plan, and will complement the existing sunounding land uses, based on the submitted plans and conditions of approval aftached to the staff report for this Project. 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 establishment and operation of the Dream Center within an existing 2,325 square-foot building that includes administrative and executives offices, storage, conference room, multi-purpose room, and restroom for the purpose of the Adopt-A-Block Program, volunteer seryrces and related volunteer activities has been reviewed in relation to the existing street widths on Peck Street and Main Street and the expected quantity of traffic to be generated. The "8" occupancy authorizing a maximum occupancy of 49 persons will limit vehicle traffic and parking demand in the Histoic Downtown area and existing streefs can accommodate the use. ln approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof. The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City depaftments including Planning, Building and Safety, Fire, and Public Wo*s/Engineering thereby reducing potential impacts to insignificant levels. Adequate conditions and safeguards pursuant to LEMC 17.68.050, have been incorporated into the approval of the conditional use permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.168.040 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at duly noticed public heaings on November 17,2015 and December 15, 2015, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare. SECTION 4. Based upon all written reports, comments and oral testimony presented by the Community Development Department, other City departments, property owners, business owners and operators, residents, and other interested parties and such other matters as are reflected in the record, the City Council hereby approves Conditional Use Permit No. 2015-09 subject to the attached conditions of approval. 4. 5. 6. Resolution No. 2016-010 Page 4 of 4 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 26thday of January, 2016, by the following vote: Conditions of Approval Conditional Use Permit No. 2015-09 114 E. Peck Street (APN: 373-023-020) GENERAL CONDITIONS 1. The proposed project Conditional Use Permit (CUP) No. 2015-09, consists of the establishment and operation of "The Dream Center" within an existing 2,325 square foot building to provide administrative and executive offlces, storage, and a multi- purpose room for the Adopt-a-Block Program, volunteer services and related volunteer activities on property located at 114 E. Peck Street (APN 373-023-020). 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 attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project attached hereto. 3. Within 30 days of pro.iect approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. PLANNING OIVISION 5. The Project Entitlement (Conditional Use Permit No. 2015-09) shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of lwo years, the applicant has applied for and has been granted an extension of the conditional use permit approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.'168.080. Subject to the provisions of LEMC Section 17.168.130, a conditional use permit granted pursuant to the provisions of this section 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 the conditional use permit application. City Council January 26,2016 Page '1 of 6 Conditions of Approval Conditional Use Permit No. 2015-09 1'14 E. Peck Street (APN: 373-023-020) 6. Graffiti shall be removed within 24 hours. 7. The entire site shall be kept free from hash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 8. No outdoor storage shall be permitted at any time. 9. lf any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 10. lf operation of this use triggers concerns related to parking availability or noise creation within the vicinity of the subject property, at the discretion of the Community Development Director or designee, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a public hearing. 11.A Temporary Use Permit or Special Event Permit, as applicable, shall be required for events outside the Dream Center building and shall be obtained prior to conducting such outdoor events on the subject property. 12.Dream Center operations and related activities shall not commence before 7:00 am or operate after 9:00 pm. (Amended by City Council January 26,2016.) l3.Applicant shall obtain and maintain all requisite permits and licenses for the duration of the operation of the use. 14.The facility and all activities shall comply with all City, County, State and Federal regulations at all times. '15. No soup kitchen, feeding, food delivery, or commercial food services activities shall be conducted at any time. Special holidav feedinqs shall be subiect to a Special Event Permit or Temoorarv Use Permit at the discretion of the Communitv Development Director or his desiqnee. Feedinq volunteers and advisorv board City Council January 26, 2016 Page 2 of 6 Conditions of Approval Conditiona! Use Permit No. 2015-09 114 E. Peck Street (APN: 373-023-0201 members onlv durinq meetinos or traininq is permissible. (Amended by Staff prior to December 15,2015 Planning Commission hearing.) 16.No food pantry or food storage shall be permitted at any time on the subject property. 17. No showers may be installed. 18. No overnight sleeping or activities shall be permitted at any time. 19. No loitering shall be permitted and the applicant shall post no loitering signs that number, location and size shall be reviewed and approved by the Community Development Director prior to occupancy. 20. Any proposed modifications including replacing the mezzanine shall require modification of the CUP pursuant to a public hearing before the Planning Commission prior to such modifications. 21 . Exterior signs and lighting shall require plans, permits and approval by the Community Development Director prior to installation. 22.The Dream Center operations and activities shall comply with LEMC Chapter '17.176 Noise Ordinance at all times. 23.The Dream Center shall not constitute a Public Nuisance as set forth in LEMC Chapter 8.18. 24.Minor modifications to uses or activities mav be aoproved administrativelv bv the Communitv Development Director or desiqnee. Modifications other than minor shall be subiect to a Modification of the Conditional Use Permit at a oublic hearinq before the Planninq Commission. (Added by Staff prior to December 15, 2015 Planning Commission hearing.) 25.Conditional Use Permit (CUP) No. 2015-09 shall be brouqht back to the "Citu Council" for review within "six (6)" months. Upon review of the CUP the "City Council" mav 1) Receive and file: 2) Direct staff to brinq back the CUP within twelve (12) months for further review; 3) Direct staff to schedule a public hearinq for consideration of modification or revocation of the CUP. (Amended by City Council January 26,2016.) Cily Council Page 3 of 6 January 26, 2016 Conditions of Approval Conditional Use Permit No. 2015-09 114E. Peck Street (APN: 373-023-020) BUILDING AND SAFEW 26. Any and all existing or proposed public areas shall be made accessible in accordance with the Americans with Disabilities Act (ADA) requirements. 27.Any and all improvements shall be in compliance with the 2013 editions of the California Building, Plumbing and Mechanical Codes, 2013 California electrical Code, California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Tille 24 Disabled Access Regulations and the Lake Elsinore Municipal Code. 28. The developer shall comply with all Municipal Code provisions regarding construction debris removal and recycling as set forth in Chapter 14.12 (Construction and Demolition Waste Management) of the Lake Elsinore Municipal Code. 29. All department approvals and fees shall be paid prior to the issuance of building permits or occupancy. 30.Three (3) sets of plans shall be submitted for building for plan check on all Tenant lmprovements. 31.The maximum number of persons shall not exceed forty-nine (49) persons at any one time otherwise Occupancy provisions set forth in the California Building Code may require building and fire improvements. PUBLIC WORKS/ENGINEERING DIVISION 32. Construction and cleanup activities conducted either on or off site shall include implementation of best management practices to prevent the illegal discharge of pollutants associated with construction activity (i.e. dirt, concrete waste, paint, trash) 33. ln accordance with the City's Franchise Agreement for waste disposal & recycling, CR&R shall be used for removal and disposal of all waste material and recycling. City Council January 26,2016 Page 4 of 6 Conditions of Approval Conditional Use Permit No. 2015-09 114 E. Peck Street (APN: 373-023-0201 34.Any activity, sign placement, etc. conducted and/or sponsored by the Dream Center that takes place in the public right of way (i.e. streets/sidewalks) shall be covered by an Encroachment Permit. CITY OF LAKE ELSINORE FIRE MARSHAL General Conditions 35.Lake Elsinore Fire Protection Planning Office Responsibility - lt is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (CUP 2015-09) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main Street, Lake Elsinore, CA 92530. Phone: (951) 671-3124 Exl.. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. Prior to Buildino Permit lssuance 36.Plan Check Fee - Building plan check fee made payable to the "City of Lake Elsinore", and shall be submitted to the Fire Department at the time of plan submittal. Prior to Buildinq Final lnspection 37. 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. 38.Knox Rapid Entry Box - A rapid entry Knox Box shall be installed on the outside of the building. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. lf the building/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 39. Fire Extinguishers- Minimum install portable fire extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A-20BC and signage. Fire e(inguishers located in public areas shall be in recessed City Council January 26, 2016 Page 5 of 6 Conditions of Approval Conditional Use Permit No. 2015-09 114 E. Peck Street (APN: 373-023-020) cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from wall. Contact Fire Department for proper placement of equipment prior to installation. ELSINORE VALLEY MUNICIPAL WATER DISTRICT (EVMWD) 40.Customer will need to apply for a Will Serve/Service Commitment Letter. 41.Verity if additional fixtures are proposed. Specify if the kitchen or restroom are new. city council Page 6 of 6 January 26,2016 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss. ) l, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016-010 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 26th day of January 2016, and that the same was adopted by the following vote: AYES: Mayor Pro Tem Magee, Council Member Manos, Council Member Johnson, Council Member Hickman, and Mayor Tisdale NOES: None ABSENT: None ABSTAIN: None