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HomeMy WebLinkAboutPC Report.Linkstent.1-17-17 CITY OF LADE LSIROKE L DREAM EXTREME- CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIR AND MEMBERS OF THE PLANNING COMMISSION FROM: JUSTIN KIRK, PRINCIPAL PLANNER DATE: JANUARY 17, 2017 SUBJECT: REVIEW OF COMMERCIAL DESIGN REVIEW NO. 2014-02 — PURSUANT TO CONDITION OF APPROVAL #11A, STAFF REVIEW OF THE EXISTING 4,018 SQUARE FOOT TENT AT THE LINKS AT SUMMERLY GOLF COURSE LOCATED AT 29381 VILLAGE PARKWAY. (APN: 371-030-038) APPLICANT: CITY OF LAKE ELSINORE OWNER: STANLEY AND SONJA WONG Recommendation Adopt Resolution No. 2016- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Approval of Review of Commercial Design Review No. 2014-02, Condition of Approval #11 a for Maintenance of the Existing 4,018 Square-foot Tent at the Links at Summerly Golf Course located at 29381 Village Parkway (APN 371-030-038). Background In early 2014 the former golf course owner Kingdom Course installed the tent without zoning or building approval. Staff inspected the tent and determined it could be legalized and the applicant was advised to either remove the tent or submit a Commercial Design Review (CDR) application and obtain required permits and inspections which they did. On 15, 2014 the Planning Commission unanimously recommended City Council approval of CDR 2014-02 and added condition of approval #11a requiring staff to bring back for review the condition of the tent. The tent is not a permanent structure that is subject to physical decline and eventually will need to be replaced. PLANNING COMMISSION STAFF REPORT REVIEW OF COMMERCIAL DESIGN REVIEW NO. 2014-02 JANUARY 17, 2017 PAGE 2OF4 On May 13, 2014 the City Council concurred with the Planning Commission by approving CDR 2014-02 and upholding condition of approval #11 a. The new property owners were advised of the zoning entitlement and provided a copy of the conditions of approval. On November 16, 2016 City Planning, Building and Fire staff conducted a walk through inspection that identified twelve (12) areas of concern that must be addressed, inspected and approved by the City. On December 6, 2017 the Planning Commission reviewed the Links tent staff report, condition of the tent, applicable code provisions and the correction list with twelve areas of concern. The Commission continued the item to allow the property owners to remedy the twelve corrections and requested that the Building Official and Fire Marshall be present at the January 17, 2017 meeting. Staff also requested that both property owners attend the Planning Commission meeting as well. The subject property is surrounded by The Links at Summerly Golf Course to the west and residential uses to the north, south, and east. EXISTING ZONING GENERAL PLAN LAND USE Project Site Recreation East Lake Specific Plan East Lake Specific Plan Recreation North Residential East Lake Specific Plan East Lake Specific Plan (Residential) South Residential East Lake Specific Plan East Lake Specific Plan (Residential) East Residential East Lake Specific Plan East Lake Specific Plan (Residential) West Recreation East Lake Specific Plan East Lake Specific Plan (Recreation) Discussion and Analysis The 3.4 acre site was improved with the 4,018 square-foot tent that has been used for weddings, corporate parties and various special events with a maximum occupancy of 240 guests. The tent has been designed to have four points of ingress/egress that will display the "Exit" signs, and it also has three openings where heat can be provided. The topography where the tent is located is relatively flat and is located approximately 20 feet away from the Club House Building. The tent meets all of the American Disability Act requirements. The tent has a rectangular shape with a gable roof and a continuation of window panels with an accessible doorway on each of the longer sides and four windows and a door on each of the smaller sides. The site currently has over 38% landscaping coverage and is PLANNING COMMISSION STAFF REPORT REVIEW OF COMMERCIAL DESIGN REVIEW NO. 2014-02 JANUARY 17, 2017 PAGE 3OF4 required to provide 158 parking spaces and 174 parking spaces were provided. The property owners have requested that the tent remain as it provides a venue and revenue for special events. The owners have submitted a pre-application to develop a hotel and have requested that the tent be allowed to remain for six months after Certificate of Occupancy is granted for the hotel then all events could be conducted within the future hotel. The hotel proposal includes a request to utilize an adjacent 6.8 acre City owned parcel for overflow parking that is a City Council policy decision. Condition of Approval #11 a states: "Two-Year Review—The applicant acknowledges that the proposed tent is temporary in nature and has a limited life expectancy shorter than a traditional permanent structure. On that basis the Community Development Director or designee shall periodically review the condition of the tent and compliance with the conditions of approval. If the applicant has not submitted a complete application for a permanent structure to replace the tent within two years of the issuance date of the Certificate of Occupancy, the Planning Commission shall review the design and condition of the tent and shall make one of the following findings: (i)the tent must be removed within a specific time period; (ii) the tent must be modified and the tent can be maintained for a specified period of time in its existing location; or (iii) the tent can be maintained in its existing condition for a specified period of time in its existing location." Staff inspection on November 16, 2016 resulted in the following list of with twelve areas of concern and corrective actions from the Fire Marshall and Building Official. 1) The fire extinguishers were past the date of expiration and need service. 2) The existing hardware was damaged and did not function properly. 3) The exit signs were not illuminated as required by the Fire and Building Codes. 4) The exit signs were obstructed from view. 5) Occupant load signs were removed and not visible upon inspection. 6) Permanent heating was removed from the tent that is required by the California Building Codes. 7) Temporary electrical wiring was used (extension cords) and is not allowed by the California Fire Code. 8) Lighting was hung by the tent structural members. The lighting was not permitted and may not be structurally sound to do so. 9) The tent had components that were removed from the base of the tent that may compromise the structural integrity of the tent and was not approved by the engineer. 10)At least one panel of the tent was damaged and probably does not meet the flammability requirements for this tent and must be replaced. 11)Dead of dying vegetation shall be removed within 10 feet of the tent and trees are to be trimmed. 12)The tent decorative fabric was stained in several locations and appears to indicate water damage. PLANNING COMMISSION STAFF REPORT REVIEW OF COMMERCIAL DESIGN REVIEW NO. 2014-02 JANUARY 17, 2017 PAGE 4OF4 Staff has re-inspected the tent twice, most recently on January 10, 2016 that included Planning, Building, Fire, the two property owners and their facility manger. Eleven of the twelve items have been addressed and are in compliance. The only outstanding issue, Item #10, is more of a cosmetic issue and the property owners are obtaining price quotes and pursuing replacing the damaged tent panel. Staff is recommending that the Planning Commission authorize a twelve month extension of CDR 2014-02, Condition of Approval #11 a, and provide the Community Development Director the authority to grant two additional twelve month extensions administratively if the tent remains in full compliance with codes and is maintained in good condition. If substantial compliance is not observed the tent shall be removed or brought back to the Planning Commission for further review and action. If the proposed hotel is developed within two years and six months, the tent may remain for an additional six months. If the hotel is not developed within three years the tent shall be permanently removed. This Planning Commission review is final unless appealed to the City Council. Environmental Determination Staff determined that the Commercial Design Review was categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines") pursuant to Section 15303 (Class 3) (e) (New Constructions) categorical exemption; which includes accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences.. The site is fully developed and only minor alterations were conducted in association with the use, which is an accessory use to the primary golf course & club house use of the site. Prepared By: Grant Taylor, Community Development Director Attachments: 1. Vicinity Map 2. Aerial Photo 3. Inspection Checklist 4. Certificate of Flame Resistance 5. Heating of Tent Proposal 6. Planning Commission Resolution 7. Planning Commission Conditions of Approval 8. Tent Photographs 9. Site Plans (2) 11" X 17"