Loading...
HomeMy WebLinkAbout0012_1_CUP 2015-09 - Dream Center SR REPORT TO THE CITY COUNCIL TO: Honorable Mayor and City Council Members FROM: Grant Yates, City Manager DATE: January 26, 2016 PROJECT: Conditional Use Permit No. 2015-09: Request to establish and operate the “Dream Center” within an existing 2,325 square foot building to provide volunteer services and activities on property located at 114 E. Peck Street Recommendation Adopt Resolution No. 2016-____; A Resolution of the City Council of the City of Lake Elsinore, California, Approving Conditional Use Permit No. 2015-09 for the establishment and operation of the Dream Center located at 114 E. Peck Street. OR; That the City Council identify findings of denial and bring back a resolution of denial. Background This matter was considered by the Planning Commission on November 17, 2015 and after significant deliberation the public hearing was continued for 30 days. On December 15, 2015 the Planning Commission conducted a second duly noticed public hearing and after significant deliberation ended in a 2-2 vote. A subsequent motion was unanimously approved to forward the item to the City Council for final consideration. The public hearing was noticed in the newspaper, all property owners within 300’ of the subject property received notice, and staff notified the Downtown Merchants Association. The Conditional Use Permit (CUP) application was submitted by Pastor Brett Masters to establish and operate the “Dream Center” within an existing 2,325 square foot building, located at 114 E. Peck Street; one-story in height (an illegal mezzanine was removed) that formerly housed a cabinet manufacturing and sales facility. The application and floor plan propose administrative and executive offices, conference room, storage, large multi-purpose room, and restroom. The building is located on the property line adjacent CUP 2015-09 – City Council January 26, 2016 Page 2 of 7 to Peck Street and the alley to the rear that does not provide any off-street parking areas. The primary entry is from Peck Street with a sliding door providing delivery service access from the alley. The applicant describes the facility operation as volunteer services for the “Adopt-A- Block Program” and other volunteer services and activities. The business license application states “the [Dream Center Lake Elsinore] is a volunteer driven organization that finds and fills needs of individuals and families in our community. Our primary function is adopting blocks to clean up trash, do some yard clean up, hold festivals for the community and visit seniors”. No interior alterations are proposed except an illegal mezzanine area was removed and general clean up conducted. The applicant has expressed interest in providing future exterior signage, lighting, awnings and a planter area. On October 8, 2015 the City’s Development Review Committee (DRC), consisting of internal technical staff from Planning, Building & Safety, Fire, Public Works and Engineering reviewed the application. On October 22, 2015 the DRC met with the applicant to review code requirements, draft conditions of approval, areas of concern and discuss specifics of the proposed land use. The applicant also met with the Development Subcommittee consisting of two City Council Members with the City Manager and Community Development Director attending. The Development Subcommittee discussed potential impacts on Main Street and neighboring properties, and suggested public outreach and a public hearing process. The subject property and properties in the vicinity General Plan and zoning designations include the following: EXISTING LAND USE ZONING GENERAL PLAN Site Vacant building Commercial Mixed Use (CMU) CMU North Peck St then vacant lot Commercial Mixed Use (CMU) CMU South Retail Commercial Mixed Use (CMU) CMU East Residential R-3 High Density Residential HDR West Main Street then retail Commercial Mixed Use (CMU) CMU Discussion and Analysis The subject property is located within the Downtown Master Plan (DMP) area within the Historic District, Commercial Mixed Use zone. The Dream Center concept is unique and does not fit within uses identified in the DMP Land Use Matrix as a prohibited, permitted or conditionally permitted use. DMP Section 1.4 Detailed Land Use Matrix states “the Director may determine that uses that are not specifically listed in the land CUP 2015-09 – City Council January 26, 2016 Page 3 of 7 use matrix are of the same general character of uses listed in the matrix”. In this instance the Director determined that the use could be consistent with the DMP and provide a benefit to the City if strictly regulated through appropriate conditions of approval imposed by way of a conditional use permit. The Historic District states in part “the Historic District will allow new and revitalized businesses and residences in keeping with the City’s historic downtown area. The existing character of the store fronts should be maintained while encouraging renovation and new development to infill and accommodate mixed uses, incubator businesses, new retail shops and restaurants”. The Commercial Mixed Use zone in the Land Use Matrix identifies permitted and conditionally permitted uses that include multi-family residential, most commercial retail uses, service uses, and other various uses. In addition, the Development Subcommittee and staff suggested that the applicant conduct outreach to the downtown area which the applicant did and he submitted a petition of support with signatures from the downtown merchants. Staff from Planning, Building & Safety and Fire conducted a walk-through inspection of the building in order to ascertain code requirements and areas of concern. The “B” occupancy rating for the existing building will not allow more than 49 persons at one time; otherwise additional fire and building improvements would be required. The applicant will need to provide ADA access, insulation inside the roof, heating and comply with all Fire and Building Code standards. Staff has received comments and concerns from the general public and business community regarding potential negative impacts that may result from operations of the Dream Center; specifically, soup kitchen, feeding and social service related activities. The attached draft conditions of approval set forth regulations that would mitigate potential impacts to insignificant levels and address areas of concern. Below is a brief summary of key conditions of approval: • No soup kitchen, feeding, food pantry, showers or overnight stays. • No outside storage. • No loitering, noise or public nuisances. • Maximum occupancy shall not exceed 49 persons. • Property shall be maintained free of trash, debris and graffiti. If the facility does not comply with conditions of approval or constitutes a public nuisance the facility may be brought back for modification or revocation of the CUP. Any proposed modifications to the CUP shall require a new application and further consideration by the Planning Commission and a noticed public hearing. CUP 2015-09 – City Council January 26, 2016 Page 4 of 7 PLANNING COMMISSION MEETING 11/17/15 The Planning Commission conducted a public hearing on the Dream Center. Eleven members of the public spoke; with ten in support and one in opposition. Following is a summary of questions and concerns from the Planning Commissioners followed by staff and applicant responses. 1) Why the need for a building downtown, future uses, special events, church services, food distribution, and future use area? The Dream Center has adopted a three block radius around City Park, training leaders and volunteers, provide back packs, toys and prize giveaways in the park on weekends, youth soccer league, senior services, etc. Have adopted approximately 29 blocks and 1,000 homes. Church services are not envisioned, food giveaways for Thanksgiving and Christmas are requested but daily food distribution would be from HOPE. In the future hoping to construct a mezzanine for a library, reading, coffee, and prayer. 2) What organizations are behind the Dream Center? Affiliated with Lambs Fellowship Church, Free Methodists, and has an Advisory Board of five Church Members. 3) The facility sounds like a Community Center that would trigger an A-3 Occupancy that should be considered? What is proposal for signage, awnings, street furniture, etc.? To address improvements that would trigger A-3 Occupancy requirements the City’s Building Official and Assistant Fire Marshall will be present to answer questions and provide recommendations. The current Occupancy designation is B which limits the number of persons to 49. Staff is not supportive of authorizing an A-3 occupancy at this time as we recommend seeing how the business operates and if complaints are generated with a B occupancy. The applicant had advised staff of a desire to include modest signage, several awnings and potentially a landscape planter and benches but did not provide specifics. The applicant was requested to provide elevations and/or renderings of proposed improvements to the building exterior and/or right-of-way areas. 4) Would serving holidays meals be allowed or require a special permit? Could condition be added to regulate providing meals? CUP 2015-09 – City Council January 26, 2016 Page 5 of 7 The conditions of approval prohibit food banking and food distribution. Providing special holiday meals would trigger the need for a Special Event Permit or Temporary Use Permit so the specifics of the activity could be reviewed and conditioned. Staff understands that the Dream Center would want to provide food to their volunteers and advisory board members. Staff does not support food distribution of any kind from the facility in the downtown area. Such food distribution is more appropriate from the HOPE facility. In addition, no food banking, trucks or delivery vehicles shall be stored on the street, vacant parking lot or in the Dream Center building. Can support feeding volunteers and board members. 5) Can the Conditional Use Permit (CUP) have a time limit or be reviewed periodically? CUPs run with the land and can be modified, suspended or revoked following a noticed public hearing. A CUP can have a periodic review (i.e. 6 months, one year, 5 years, etc.). Staff would recommend a condition of approval to review the activity within one year. PLANNING COMMISSION MEETING 12/15/15 The Planning Commission conducted a public hearing that was re-noticed. Sixteen members of the public spoke (one via a letter) with eleven speaking in favor, four in opposition and one neutral. Following is a summary of questions and concerns from the Planning Commission followed by staff and applicant responses. 1) Researched other Dream Centers and most have the Adopt-A-Block Program and provide food. This Dream Center is conditioned no food services is that acceptable? The HOPE facility is a food pantry and no need to duplicate food services. 2) Hours of operation say 7am to 10pm, would 9am to 5pm be acceptable? Yes. 3) Staff recommends modification to three conditions of approval, specifically conditions 15, 24 and 25. Are they acceptable? Yes. 4) Suggested bringing back the Dream Center in six months instead of 12 months for review. Is this acceptable? Yes. CUP 2015-09 – City Council January 26, 2016 Page 6 of 7 SUMMARY Staff has determined that findings can be made for consistency with the General Plan, Downtown Master Plan and zoning code and appropriate conditions of approval if implemented and maintained at all times would prevent negative impacts on adjacent properties and provide a benefit to the City. Staff support of the project depends on the applicant and volunteers for the Dream Center observing compliance of all conditions of approval at all times. Failure to comply with conditions of approval would likely result in negative impacts, complaints and the entitlement being referred back to the Planning Commission for consideration of modification or revocation. Staff is not supportive of activities requiring an A-3 occupancy at this time. Staff recommends at least one year to ascertain impacts, complaints and potential modification of the CUP. Expansion of the facility or significant modifications would require a CUP Modification public hearing. Staff does not support food distribution of any kind except maybe holidays subject to a Special Event Permit or Temporary Use Permit with applicable conditions. Staff recommended modifying the following Conditions of Approval: o Amend COA 15) Food delivery services and feeding volunteers/members. o Add COA 24) Minor modifications administrative approval and major modifications public hearing. o Add COA25) Conditional Use Permit shall be reviewed by the Planning Commission within 12 months. The Planning Commission recommended the following: o Accept staff recommendation to modify COA 15 o Accept staff recommendation to modify COA 24 o Request COA 25 be amended to bring back the entitlement for Planning Commission Review within 6 months. o Request COA 12 amended hours of operation from 9:00am to 5:00pm. CUP 2015-09 – City Council January 26, 2016 Page 7 of 7 Environmental Determination This CUP application is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (a), interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. Fiscal Impact Costs incurred for CUP 2015-09 for staff time are fully recovered through a cost recovery developer deposit submitted with the application. Prepared By: Grant Taylor, Community Development Director Attachments: 1. Vicinity Map 2. Aerial Photograph 3. Draft City Council Resolution 4. Draft Conditions of Approval 5. Planning Commission Minutes 11/17/15 6. Planning Commission Minutes 12/15/15 7. Downtown Master Plan Documentation 8. Applicant Submitted Documentation 9. Plans (Aerial Photo and Floor Plan)