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HomeMy WebLinkAboutItem No. 2 - Conditions of Approval - Elysian Banquet Hall Applicant’s Initials: _____ Page 1 of 4 CONDITIONS OF APPROVAL PROJECT: PA 2024-01/CUP 2024-02 PROJECT NAME: Elysian Banquet Hall PROJECT LOCATION: 17600 Collier Avenue, Suite 177 (APN: 389-210-068) APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL CONDITIONS 1. Planning Application No. 2024-01 (Conditional Use Permit No. 2024-02) proposes to establish an 8,116 sq. ft. banquet hall for special events within an existing multi-tenant shopping center (Project). The project is located within Suite 177 of an existing multi-tenant shopping center known as the Lake Elsinore Outlet. The outlet shopping center is zoned Specific Plan (SP) and is within the Lake Elsinore Outlet Center Specific Plan. The shopping center is located at the northwest intersection of Collier Avenue and Riverside Drive at 17600 Collier Avenue (Assessor Parcel Number: 389-210 -068). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the approval, implementation, and construction of CUP 2024-02, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension, or modification of CUP 2024-02 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. 3. Within 30 days of Project approval and 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. PLANNING DIVISION 4. Conditional Use Permit No. 2024-02 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 the conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, 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 PA 2024-01 /CUP 2024 -02 Conditions of Approval PC: August 6, 2024 Applicant’s Initials: _____ Page 2 of 4 of ownership of the site or structure, which was the subject of the Conditional Use Permit application. 5. The Applicant shall meet all applicable City Codes and Ordinances. 6. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the LEMC. 7. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of Section 17.415.070 of the LEMC in a similar manner as a new application. 8. A business license shall be obtained prior to a certificate of occupancy of the proposed establishment. 9. The applicant shall comply with all necessary California Department of Alcohol Beverage Control (ABC) requirements when alcoholic beverages are served. 10. There shall be no outdoor consumption of alcoholic beverages. 11. There shall be no outdoor storage before, during, or after events. 12. There shall be no loitering in or around the business. 13. All events shall be conducted entirely indoors within the interior of the business’s tenant suite(s). No events shall be conducted outdoors without an approved Temporary Use Permit or Special Event Permit, as applicable, obtained prior to conducting any outdoor events on the subject property. 14. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement. 15. Conditional Use Permit No. 2024-02 shall be limited to the floor plan prepared by the applicant and included in the staff report. In the event the applicant proposes to modify the floor plan, the modification shall be subject to review by the Community Development Director. The Community Development Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial. 16. All scheduled events must end by 12:00 AM (midnight). In the event the applicant proposes to modify the hours of operation, the modification shall be subject to review by the Community Development Director. The Community Development Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial. 17. A Temporary Use Permit or Special Event Permit, as applicable, shall be obtained prior to conducting any outdoor events on the subject property. 18. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If PA 2024-01 /CUP 2024 -02 Conditions of Approval PC: August 6, 2024 Applicant’s Initials: _____ Page 3 of 4 necessary, the Commission may modify or add conditions of approval to mitigate such impacts or may revoke said Conditional Use Permit. 19. Any proposed exterior signage shall comply with LEMC Section 17.196.180 requirements. BUILDING DIVISION 20. The Applicant shall meet all applicable Building Codes in effect at the time, including requirements for the occupancy. 21. Any internal or external modifications to the building shall require a building permit. CITY OF LAKE ELSINORE FIRE MARSHAL 22. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. PA 2024-01 /CUP 2024 -02 Conditions of Approval PC: August 6, 2024 Applicant’s Initials: _____ Page 4 of 4 I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City of Lake Elsinore Planning Commission on ___________. I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: