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HomeMy WebLinkAbout7337_CCv0001.pdf RESOLUTION NO. 7337 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS APPROVING CONDITIONAL USE PERMIT NO. 368 (REVISION NO. 4) FOR PROPERTY LOCATED AT 1325 PROSPECT DRIVE IN THE CITY OF REDLANDS WHEREAS, Kimberly Shirk Association has filed an application for Conditional Use Permit No. 368 (Revision No. 4) to expand the permitted activities at the Kimberly Crest House and Gardens located at 1325 Prospect Drive, Redlands, California as listed in Condition of Approval No. I of Exhibit"A"of this Resolution; and WHEREAS, the City Council has the authority, pursuant Section 18.192.060 of the Redlands Municipal Code, to take action on Conditional Use Permit No. 368 (Revision No. 4) to expand permitted activities as specified in Condition No. I of Exhibit "A7 of this Resolution at the Kimberly Crest House and Gardens; and WHEREAS, on September 10, 2013, the City's Planning Commission held a noticed public hearing at which interested persons had an opportunity to provide verbal and written testimony in support of, or opposition to, Conditional Use Permit No. 368 (Revision No. 4); and WHEREAS, the City's Planning Commission subsequently recommended to the City Council approval of a mitigated negative declaration and Conditional Use Permit No. 368 (Revision No. 4); and WHEREAS, on October 23, 2013, the City gave public notice, by mailing to property owners within a 300 foot radius of the property, and by publishing notice in the Redlands Daily Facts, a newspaper of general circulation within the City, of a public hearing at which a mitigated negative declaration and Conditional Use Permit No. 368 (Revision No. 4) would be considered; and WHEREAS, on November 19, 2013, the City Council held a noticed public hearing at which interested persons had an opportunity to testify in support of, or in opposition to, a mitigated negative declaration and Conditional Use Permit No. 368 (Revision No. 4); NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1. The City Council hereby approves Conditional Use Permit No. 368 (Revision No. 4) based on the following findings, and subject to conditions of approval attached hereto as Exhibit"A:" A. Approval of Conditional Use Permit No. 368 (Revision No. 4) will not adversely affect the applicable land use plans of the City because the project will be consistent with General Plan policies 3.204 and 3.20e and the intent and requirements of the Very Low Density Residential General Plan Land Use Designation. 4- L\ca\Reso\7337 CUP 368 KSA B. Approval of Conditional Use Permit No. 368 (Revision No. 4) will not be detrimental to the public health, safety and welfare because conditions of approval have been included for the attenuation of noise, to improve vehicular circulation, and to reduce lighting spillover. C. The expanded activities permitted by Conditional Use Permit No. 368 (Revision No. 4) will comply to the maximum extent feasible with the regulations of the City's General Plan, the applicable zoning district, and the City's development standards because the project site has been fully developed in conformance with the same and no physical changes are proposed. D. The uses permitted by Conditional Use Permit No. 368 (Revision No. 4) are appropriate at the proposed location because the project will allow the continuation of the current activities at the project site, and conditions of approval have been included for the attenuation of noise, to improve vehicular circulation and to reduce lighting spillover for the expanded permitted activities." ADOPTED, SIGNED AND APPROVED this 19th day of November, 2013. Pete AguiCar, Mayor ATTEST: Sam Irwin';C' Clerk -2- L\ca\Reso\7337 CUP 368 KSA 1, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 19th day of November, 2013,by the following vote: AYES: Councilmebers Harrison, Faster, Gardner, Gilbreath; Mayor Aguilar NOES: None ABSENT: None ABSTAIN: None Sam Irwin, City Cly _3_ L\ca\Reso\7337 CUP 368 KSA Attachment"A" To Resolution 7337 EXHIBIT DEVELOPMENT SERVICES DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 368 REVISION NO. 4 Applicant: Kimberly Shirk Association Location: 1325 Prospect Drive The approval grants an amendment to a Conditional Use Permit to expand the allowable activities at Kimberly Crest located at 1325 Prospect Drive as follows: a. To allow tours of the house and garden until 10 PM with a maximum of 50 people per tour up to twelve (12)times per year; b. To allow the gift shop to operate in conjunction with tours; C. To allow use of gardens for other events in addition to weddings during daylight hours including, receptions, photography, videography, and parties as deemed appropriate by the Kimberly- Shirk Association. Events may be held year round with a maximum number of 309 people including those servicing the event; d. To allow up to twenty-four (24) outdoor non-profit and for-profit night events (weddings and receptions, parties etc.) per year under the overall limit of twenty-four (24) events allowed annually ( two per month) with a maximum of 309 people; e. To allow indoor events during both daytime and nighttime hours until 10 PM with no limitation on number of events; f. To allow representatives designated by KSA to monitor events instead of KSA trustees; g. To allow direct representatives of KSA to monitor noise levels for events; and h. The applicant is no longer required to notify the surrounding neighborhood of upcoming events. 2. This project shall comply with all permits requirements of the Redlands Municipal Code. 3. All plans submitted to the City shall reflect all City approvals and any other changes required by the City Council and/or staff. This condition applies to site plans, elevations, and all other illustrations, text, or plans submitted to the city in connection with the project. CONDITIONAL USE PERMIT NO. 368 R-4 CONDITIONS OF APPROVAL PAGE 2 OF 3 4. The property owner and applicant and their successors and assigns, shall defend, by paying for the defense costs of the City of Redlands (for counsel retained by the City), indemnify and hold harmless the City of Redlands, and its elected officials, officers, employees, and agents, from and against any and all claims, actions, and proceedings (collectively "Claims")to attack, set aside, void or annul the approval of this Conditional Use Permit by the City, or Claims brought against the City due to acts or omissions in any way connected to the applicant's project that is the subject of this permit. This indemnification shall include, but not be limited to, damages, fees, costs, liabilities, and expenses incurred in such actions or proceedings, including damages for the injury to property or persons, including death of a person, and any award of costs or attorneys' fees. In the event any such action is commenced to attack, set aside, void or annul all, or any, provisions of this permit, or is commenced for any other reason against the City for acts or omissions relating to the applicant's project, within fourteen (14) City business days following notice of such action from the City, the applicant shall file with the City a performance bond or irrevocable letter of credit, or other form of security satisfactory to the City (the "Security") in a form satisfactory to the City, and in the amount of $100,000, to ensure applicant's performance of its defense and indemnity obligations under this condition. The Security amount shall not limit the total indemnity obligation of the applicant pursuant to this condition. The failure of the applicant to provide the Security shall be deemed an express acknowledgement and agreement by the applicant that the City shall have the authority and right, without objection by the applicant, to revoke all entitlements granted for the project pursuant to this permit. The City shall have no liability to the applicant for the exercise of City's right to revoke this permit. 5. To mitigate the potential impacts identified in Section XII (a, d) of the Environmental Checklist relative to the increase in ambient noise levels the applicant shall maintain a noise level meter on-site during events and a representative of Kimberly Crest shall verify the event noise levels at the nearby residential property lines periodically to verify compliance with the Redlands Municipal Code Section 8.06.070 residential noise standards. If an exceedance occurs, the Kimberly Crest representative shall take appropriate action (i.e., adjust volume on amplified music) until the noise level is reduced to within the noise standards. 6. To mitigate the potential impacts identified in Section XII(a, d) of the Environmental Checklist relative to the increase in ambient noise levels the applicant shall comply with noise standards established in Chapter 8.06 of the Redlands Municipal Code (RMC). CONDITIONAL USE PERMIT NO. 368 R-4 CONDITIONS OF APPROVAL PAGE 3 OF 3 7. To mitigate the potential impacts identified in Section X11(a,d) of the Environmental Checklist relative to the increase in ambient noise levels events shall not occur after 10 PM. 8. For events in excess of 120 people the applicant shall provide at least two (2) representatives on-site during all events to monitor compliance and to secure the property after each event. For events with 120 people or fewer one(1) representative will be required. 9. Within six months from the effective date of the this CUP, the applicant shall submit an Event Plan Manual that will be utilized as a guide for all future events and will also serve as a code of conduct; the Plan shall provide the following content: a) A list of events allowed at the facility; b) Policies/regulations for use of the facility during events; c) ABC compliance regulations; d) Hours of operation e) Policies related to amplified devices; f) Attendance policies, including parking requirements for the various sizes of events; parking provisions should include: 1) Parking locations; 2) Use of shuttle and valet services; and 3) Other appropriate parking solutions e) Contact information for all events The Event Plan Manual shall be subject to review and approval by the Development Services Department Director and Police Department and shall be provided as an attachment or incorporated into all rental agreements. The Manual will be updated annually with a phone number for the KSA representatives monitoring each event. 10. Lighting provided for outdoor events shall not exceed 0.5 foot candle at property lines shared with single family residential lots. 11. The applicant shall keep private roadways clear at all times so that access to surrounding properties using the road is maintained. Approved by: Oscar Orci Development Services Director MUNICIPAL UTILITIES AND ENGINEERING DEPARTMENT DEVELOPMENT REQUIREMENTS CONDITIONAL USE PERMIT NO.368,REVISION NO.4 Date of P.C.Meeting: September 10,2013 Applicant: Kimberly—Shirk Association Location: 1325 Prospect Drive Project Description: Expanding Size and Range of Permitted Activities The applicant shall comply with the following engineering requirement's as necessary because the required construction is a necessary prerequisite to the orderly development of the surrounding area and for public health and safety. All requirements for development shall be consistent with requirements set forth in the General Plan; applicable sections of Redlands Municipal Code; latest edition of"Redlands Standard Specifications and Detail Drawings for Design and Construction of Public Improvements"; latest edition of American Public Works Association"Standard Plans for Public Works"and"Standard Specifications for Public Works Construction — Greenboole'; latest edition of"Redlands Water Systems Standard Specifications"; latest edition of"Redlands Sanitary Sewer Systems Standard Specifications"; and current Redlands policies and guidelines relative to development projects. A. The following items are required prior to issuance of the GRADING PERMIT. No grading permit required for this application. B. The following items are required prior to RECORDATION OF TRACTIPARCEL MAP. No map is required for this application. C. The following items are required prior to issuance of the BUILDING PERMIT No building permit required for this application. D. The following items are required prior to approval of APPLICATION FOR WATER SERVICE CONNECTION and prior to WATER METER INSTALLATION. Not applicable. E. The following items are required prior to issuance of the ENCROACHMENT PERMIT. Not applicable. CUP No.368,Rev No.4 September 10,2013 Page 2 F. The following items are required prior to FINAL APPROVAL. 1. Install appropriate"No Parking" signs along the private portion of Prospect Dr. 2. All SWPPP Best Management Practices(BMPs)to prevent and control discharges to the municipal separate storm sewer(drain) system shall be in place and shall be maintained throughout the course of the project. 3. Pay the required development impact fees per ordinance in effect at time of Planning Co mmission approval- The exact amount will be determined based upon the review of the project information. Development Impact Fees shall include: • Transportation Facilities; • Water Capital Improvement Charge; • Water Source Acquisition Charge; • Sewer Capital Improvement Charge; • Solid Waste Capital Improvement Charge. 4. Although this project will have an on-going inspection throughout construction, a, final inspection for all off-site improvements must be scheduled by developer to certify that these improvements comply with City specifications. 1 5. Requirements for Highland Avenue at Prospect Drive. 1. Repair/replace altered, broken or substandard existing off-site improvements to the project boundary. No altered,broken or substandard existing off-site improvements were observed at this time. 6. All improvements shall be reviewed and accepted by the City Engineer. G. The following items are required prior to release of BONDS/WARRANTIES/DEPOSITS. No bonds/warranties/deposits are required for this application. V r vp%f "D MOUSAVIPOUR Imad Initial Director of Municipal Utilities and Public Works Engineering/City Engineer CD/DY:akc FILE: gip MJA4- Proposed Development Project Address Fee Credit Est. DIF Transportation $1,583.40 0.00 1,583.40 Fire 0.00 Mo 0.00 Government 0.00 0.00 0.00 Library 0.00 0.00 0.00 Open Space/Park 0.00 0.00 0.00 Police 0.00 0.00 0.00 Storm Drain 0.00 0.00 0.00 Sewer Capacity 88.32 0.00 88.32 Water Capacity 44.90 0.00 44.90 Water Source 7.76 0.00 7.76 Solid Waste 269.36 0.00 269.36 $1,993.74 0.00 1,993,74