HomeMy WebLinkAbout0012_4_CUP 2015-09 - CC Resolution 1-26-16
RESOLUTION NO. 2016-____
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 114 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. 2015-09 proposes the
establishment and operation of the Dream Center that is not identified as a permitted,
conditionally permitted, or prohibited land use with in the Downtown Master Plan Land
Use Matrix, however, the Downtown Master Plan authorizes the Director of Communi ty
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 co mmunity
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, 2015 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.
CITY COUNCIL RESOLUTION NO. 2016-____
CUP 2015-09 – 114 E. PECK STREET
PAGE 2 OF 5
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 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 §§21000 et seq. “CEQA”) and the State CEQA
Guidelines (14. Cal. Code Regs. §§15000 et seq.), specifically pursuant to Section 15301
(Class 1 – Existing Facilities); because the proposed Project consists of the
establishment of a community-oriented 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, industrial, open space, recreational and institutional
land uses. The project will provide volunteer services and activities that is
property conditioned and regulated will benefit the City, residents and historic
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
opportunity to review the Conditional Use Permit and their comments have
been addressed in the conditions of approval attached to the staff report for this
Project. Conditions have been applied relating to the proposed use so as to
eliminate or reduce to the extent practicable any negative impacts to the
general health, safety, comfort, or general welfare of the surrounding
commercial development, nearby residential development, business owners
and operators, residents, the Historic Downtown Master Plan area and the City
of Lake Elsinore.
CITY COUNCIL RESOLUTION NO. 2016-____
CUP 2015-09 – 114 E. PECK STREET
PAGE 3 OF 5
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.
The proposed Conditional Use Permit for the Dream Center is a facility
providing volunteer services and related volunteer activities. The proposed use
will be conducted within an existing building and will not require any significant
interior or exterior 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 surrounding land uses, based on the submitted plans and conditions
of approval attached to the staff report for this Project .
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 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 services 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 “B” occupancy authorizing a maximum occupancy of 49
persons will limit vehicle traffic and parking demand in the Historic Downtown
area and existing streets can accommodate the use.
5. In 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 departments including Planning, Building and Safety, Fire,
and Public Works/Engineering thereby reducing potential impacts to
insignificant levels.
6. 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
hearings 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.
CITY COUNCIL RESOLUTION NO. 2016-____
CUP 2015-09 – 114 E. PECK STREET
PAGE 4 OF 5
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.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 26th day of January, 2016, by the
following vote:
Brian Tisdale, Mayor
ATTEST:
___________________________________
Susan G. Domen, City Clerk
APPROVED AS TO FORM:
____________________________________
Barbara Leibold, City Attorney
CITY COUNCIL RESOLUTION NO. 2016-____
CUP 2015-09 – 114 E. PECK STREET
PAGE 5 OF 5
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE }SS
I, Susan G. Domen, City Clerk of the City of Lake Elsinore, California, hereby certify
that Resolution No. 2016- ______ as adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 26th day of January, 2016, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Susan G. Domen, City Clerk