August 11th COH Meeting

On August 11th the Conditional Use Permit (CUP 2022009884) will be heard at the City of Henderson scheduled meeting. The following information was collected from the agenda drafted from this meeting.
SEE THE FULL AGENDA HERE

The American Hindu Association is listed as item number 10 on this agenda.

THE FULL AGENDA CAN BE VIEWED HERE (IT'S OVER 600 PAGES)

This document takes some time to load. To allow an ease of seeing details of this agenda pertinent to our RNP neighborhood and the proposed conditional use permit those details have been captured and are available below along with their page numbers.

Page 5 - Outlined as item #10 on the agenda

A) CUP-2022009884 - CONDITIONAL USE PERMIT

B) DRA-2022009885 - DESIGN REVIEW

ANAND UTSAV MANDIR-TEMPLE COMPLEX

APPLICANT: AMERICAN HINDU ASSOCIATION

For Possible Action.

RECOMMENDATION: Final approval by Planning Commission

A) Religious Assembly; and

B) Review of architecture and site design for Religious Assembly (temple complex and living accommodations); on 5 acres located at the southwest corner of Lisbon Street and Berlin Avenue in the Foothills Planning Area.

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ANALYSIS

The applicant is seeking to operate a religious assembly on 5 acres, with residential accommodations, located at the southwest corner of Lisbon Street and Berlin Avenue. The site is to function as a temple complex for worship/prayer and the practice of Hinduism, with those specific practices broken down below. The site will also function as a residence for the owner and one other permanent staff. The other buildings will function for assembly and as temporary living accommodations for pilgrims that are visiting the temple.

CUP-2022009884

The CUP (Conditional Use Permit) request is for permission to hold religious assembly on this site, as required by the RS-1-RN zoning district, and in all residential zoning districts. In addition to being subject to the RS-1-RN zoning district standards, which help preserve the character of a single-family neighborhood, there is also a rural neighborhood preservation overlay with additional standards that are intended to protect the rural character of the area.

The CUP analysis considers both of these standards, but in addition to ensuring all standards are met, the purpose of the CUP is to also mitigate any possible impacts to the surrounding neighbors.

The applicant states that the intent for the operation is to practice, “Sanathan Dharm,” which is also known as Hinduism. The main purpose of this religious assembly is to practice and learn Hindu rituals, yoga, prayers, and teaching of Hindu religious scriptures and philosophy.

To be effective with this intent, the main priest will live onsite in a separate 3,900 sq. foot home shown on the plans as the Main Residence. The home and perimeter wall are to be constructed first, and religious activities will begin initially start within a small 1,000 sq. foot area designated in the home, until the temple and other facilities are finished. The additional facilities will follow shortly thereafter, completing the full 5-acre Temple campus.

Besides the proposed Temple, additional facilities include the Multipurpose building and Secondary Residence, which will house pilgrims visiting the Temple. The Temple will not have formal daily or weekly services, however, it will be open daily for individual prayers, from 8:00 AM to noon and again from 5:00 PM – 8:00 PM. The applicant states that they will restrict the site to no more than 15-20 visitors at one time, which they anticipate will attend formal prayer services held once a month, on the second Sunday of each month from 2:00 PM – 6:00 PM. The applicant also anticipates larger numbers for festival events scheduled throughout the year but will still enforce the same 15-20 person restriction. There are a total of six festival events, as shown below:

1. Christmas Eve ARGUMENT AGAINST: What is the date of this? Christmas is a Christian calendar event are they planning on celebrating Christmas and if so, then why do we need a Hindu Temple?

2. New Year’s Day (morning) ARGUMENT AGAINST: Again, what is the date of this? Are they doing this according to the Christian calendar or on a different day?

3. Gayatri Prayer (24-hours in August)

4. Shiva Prayer (24-hours in March)

5. Ram Prayer (One day in April, from 10:00 AM – 2:00 PM)

6. Hanuman Prayer (One day in March, from 8:00 AM – 2:00 PM)

For the events combined, the applicant anticipates a total of 60-80 people/visitors but states they will limit attendance to no more than 20 people on the site during each event

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The applicant has stated that short-term visitors would typically stay two to three days and those considered long-term would stay for a maximum of 30 days. As mentioned above, pilgrims and visitors will have the option of staying in the Secondary Residence or Multipurpose building. The Secondary Residence is located in the southeast corner of the site and is designed to look like a single-family home. It will have six bedrooms, four full baths, and a single kitchen.

The Multipurpose building is located just north of the Secondary Residence and is the larger more rectangular building on the site, because this building provides a sizeable religious assembly room/dining area, office, a large kitchen, and public bathrooms. Attached to the east wall of this building are the visitor units, which contain the same total number of bedrooms as the Secondary Residence but with a different layout. There are three separate units, each with two bedrooms, one bath, and one kitchen and living area. The applicant will provide transportation for any visitors needing to venture off site, thus minimizing the number of vehicles accessing the site.

The RNP overlay was approved by Council in late 2001 and includes protection standards for rural neighborhoods. Reference to these standards may be found in Ordinance ZOA2003ZO0003 and in Section 19.4.10 for Rural Neighborhoods. There are a total of nine standards that are mostly relevant to rural residential living characteristics that include custom built homes, horses, recreational vehicles, access to trails and less light pollution to name a few.

Staff finds that this proposal does not adversely impact the RNP, and the RNP does not prohibit religious assembly. Other key standards are met by this proposal, such as density (0.6 dwelling units/acre), minimal lighting (internal ground lights), and large open space areas within the complex to help maintain the open-space lifestyle.

Based on feedback received at the neighborhood meeting, the applicant has reduced the height of the dome on the main Temple by 12 feet (from 47 to 35 feet), eliminated the administrative office building and a visitor building that contained 8 bedrooms, and withdrew the rezoning request, all to align more closely with the neighborhood zoning. A meeting summary with sign-in sheets is included in the backup.

Additional purposes of each Residential Zoning District:

Low-Density Single-Family Residential (RS-1, RS-2, RS-4, RS-6, and RS-8) districts are established to accommodate a variety of residential use types in a residential neighborhood setting. The districts also allow for a limited number of public and institutional uses, and similar compatible uses that may be appropriate in a residential neighborhood environment.

Staff finds that this proposal also does not conflict with the standards of the Residential Zoning districts and anticipates that the proposed intensity of this religious assembly use will not conflict with the character of life in this rural residential neighborhood.

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The Federal Religious Land Use and Institutionalized Persons Act (RLUIPA) must be considered as well in evaluating the application. The law protects religious institutions from land use regulations that impose a substantial burden on the exercise of religion. The law specifically prohibits government entities (including municipalities) from enforcing a land use regulation that imposes a substantial burden on religious exercise, unless the government demonstrates that such burden is (a) in furtherance of a compelling governmental interest (public health and safety), and (b) is the least restrictive means of furthering that interest. § 42 U.S.C. 2000cc(a)(1). With standard offsite utility connections and the conditions of approval recommended by staff, staff finds there are no compelling public health and safety concerns created by this proposal that would necessitate further restrictions on the use.

It should also be noted that there are two other permitted religious assembly sites within the same RNP overlay. The closest is approximately three blocks to the southwest at 519 N. Pueblo Blvd., and the second is two miles directly south at 1002 Burkholder Blvd.

Staff finds that this request meets the Conditional Use Permit Approval Criteria as stated in Section 19.22.7 of the Development Code:

A. The proposed use complies with all applicable provisions of this Development Code. The proposed use complies with all applicable provisions of the Development Code.

ARGUMENT AGAINST: The zoning overlay has it's own nine requirements to be in compliance. The overlay is a rural nature preserve. Just by title why would you put any form of business, including a temple, in an area that specifically includes horse properties, no light pollution, bussing individuals within the area and the sidewalks. The development code for the RS-1 zone.

Ground level lights and the fiberglass dome could potentially light up defeating the purpose of the Rural Nature Preserve Overlay. Furthermore the density of allowing for the number of living units suggested would not comply with the RNP overlay requirement that residential densities must be maintained low enough to allow substantially more physical separation between neighboring dwellings than typically found in urbanized areas. With the proposed density it would not abide by the overlay requirement.

Busses and light pollution don't preserve the characteristics of the community.

RS-1 - In what was provided to the city, meeting minutes, your office states that the "density" is 0.6 units per acre. That would mean that a 5 acre lot would have an allowable 3 units total on the complex. The multiunit building includes 3 living units. The additional two residences proposed would then exceed the allowable number of units according to the proposal.

In the architects plans that were provided it states that there are in fact 3.75 acres. If the density is in fact 1 unit per acre that allows for a maximum number of 3.75 units, so even if you round up that would include only 4 units.

Rural Nature Preserve. You don't hold festivals or large gatherings with a lot of commotion that deter from the serene and peaceful characteristics of the neighborhood.

B. There is a need for the proposed use at the proposed location; there is not a Hindu temple in east Henderson. The nearest registered Hindu temple site is off E. Pebble Road, just west of I-215, in Las Vegas.

ARGUMENT AGAINST: Has there been a study regarding how many individuals in this community are interested in visiting a Hindu temple. There are many other 5 acre parcels, on main roads, across from or within commercial use areas. Without transportation, services, or access. The draw to this neighborhood is undoubtedly the very serene and peaceful nature preservation you would destroy. The proposed location that's the problem with this being placed here. We will talk more about that in "C" to further clarify the issue.

C. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics. The proposed use will be compatible with other residential and religious assembly uses in the area, and low intensity religious facility uses are appropriate in a residential zoning district.

ARGUMENT AGAINST: These are NOT appropriate. In fact, if it were appropriate the need for this hearing wouldn't exist. The amount of anticipated traffic is significant and much higher than what could be considered "low intensity" as are the festivals that accompany this type of use. Other similar types of properties are located directly within commercial (CC1) zones or directly across from them, on major roadways, where sidewalks and services are already located.

Well Church is less than 200 feet from the 6 lane highway located at Lake Mead. The proposed site is in the middle of where 3 of the 4 streets don't go through more than 1 block and are not continuous streets.

The LDS Church is located at an intersection with a stop light and 4 lanes of traffic in two directions.

D. Any significant adverse impacts resulting from the use will be mitigated or offset to the maximum practical extent. No significant adverse impacts are expected with the proposed use. All residential development standards are being met.

ARGUMENT AGAINST: Significant adverse impacts couldn't possibly be mitigated. They claim that they will enforce a maximum number of attendees, but who will enforce this if it is a public space. How are we to handle violations? Is code enforcement going to post up and how would they deter a large group from gathering? Are they going to use religious assembly as a reason at that time? Let's take for instance the festivals. They state that there are only 6 and 2 of them seem to be not a whole day. What are going on with the 24 hours? What's happening between the hours of 10p-6a. And you're going to shuttle people, anticipating 80 a day during a festival. Are you going to use busses? How are you packing them in? This big dome and the fact that it could be lit all day and night could impact not only the serenity of the neighborhood but also obstruct the view and character. Logically in a rural nature preserve it defies common sense to put a temple project which is an adverse impact which will diminish property values and deter future home buyers.

The residential development standards are not being met, please see our arguments against A & B.

E. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located. The proposed use is not expected to diminish surrounding property value. The proposed new temple structure, home, and other proposed structures are designed to meet city standards for design and appearance.

ARGUMENT AGAINST: This is illogical. Putting a temple in the middle of a RNP surrounded by million dollar homes is absurd. The staff is recommending approval. How in the world would they believe that this is accurate? If it doesn't serve to improve property values the only conclusion one could draw is that it will in fact impact the value of the surrounding properties. Individuals, especially those that do not practice or believe in Hindu teachings and practices would be deterred from purchasing in this neighborhood as a result. Furthermore the undeveloped property at Lisbon and Berlin would be unlikely to be purchased. Ask any seasoned appraiser what they believe would be the outcome of building this complex next to their properties.

The structures may meet the code, but not a characteristics of the neighborhood, and now they are surrounding the complex with a continuous wall on all sides of the property. No other property in this neighborhood has a wall of this nature. It will only serve to deflect from the natural beauty of the preserve you are requesting to place it in.

F. Public safety, transportation, and utility facilities and services will be available to serve the subject property while maintaining sufficient levels of service for existing development. The applicant is conditioned and has agreed to connect public utilities to its site. Additionally, the applicant will provide transportation services to any visitors to the site needing to go into town or travel outside the site.

ARGUMENT AGAINST:

Public Safety - Safety is my biggest concern and having non-resident "pilgrims" that do not have to notify the neighborhood if they are violent or sexual predators, is in of itself a huge concern. Similar temples have as recently as November of 2021 been brought lawsuits because of the unsafe and illegal activities surrounding the building of their temples and underpayment of what could only be described as "religious slave labor." As we live so near the #1 human trafficking city in the world, Las Vegas, it is of great concern to myself and the other residents that the individual "pilgrims" that will live in the housing units proposed at this complex will be unfairly treated and compensated. Furthermore, there may be no way for us to determine if these individuals are in fact lured there based on empty promises of the American dream, or if they are part of a larger human trafficking industry that exists as part of the expansion of the Hindu religion throughout America. You can see the news articles published by outlets such as the Associated Press and the NY Times regarding a 5 state lawsuit that was brought to similar organizations as close as Los Angeles. I don't see any item that addresses my concerns and could cause me to feel comfortable that there will be reasonable assurances regarding the health and safety of the individuals that this complex anticipates and desires to bring into the middle of our neighborhood. It is my request that you strongly consider the point for myself, my young children, and the adults, children, and seniors that call our peaceful neighborhood home. All of which we know by first and last name.

Utilities - The majority of residences in the area do not currently connect to public utilities. The simple matter that the city is requiring this complex to connect to public utilities speaks to the nature of this complex being out of place in the character of this neighborhood. Future developments would then be required to also connect to the public utilities which would prove as a financial hardship for the property owners, spur growth and is only beneficial to the city in terms of tax and financial gains. During the course of connecting to the public utilities the existing roads and routes may become unusable for a period of time. As they are noncontinuous, dead end roads, there are not sufficient detours available to bring the utilities through the neighborhood in a way that would allow for safe and convenient travel to the existing residents.

Transportation - The need to place an additional requirements for providing transportation only illustrates the impacts that additional traffic would cause negatively within the neighborhood. This only further proves that this is not only the wrong neighborhood, but the wrong site for this complex to be developed. While we appreciate that they are attempting to mitigate the traffic having shuttles or busses moving an "anticipated" 80 people per day through the neighborhood the simple fact that they are bringing in shuttles will increase traffic, be loud/noisy, and disrupt our entire way of life.

G. Adequate assurances of continuing maintenance have been provided. The applicant has agreed to provide continuing maintenance of the property.

ARGUMENT AGAINST: What assurances have been provided to make sure that the grounds and property are in fact continually maintained? With the amount of foot traffic and human traffic anticipated at this site there seems that a full time grounds keeper would be quite busy and the natural course of use would degrade and need updating. Code of ordinances 15.12 Property Maintenance Code provides reasonable assurances of defining maintenances for properties. Why has this been brought up and what has been agreed upon above and beyond this code?

H. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent. No significant impacts are anticipated.

ARGUMENT AGAINST: Currently there is a natural wash that flows down Lisbon from Essex towards Cadiz and into the lot and area that this complex would be built on. During the most recent downpour, that the City of Henderson is still cleaning up, the side of the property on Cadiz lost significant area due to the massive amount of water that came flowing through the streetways. The water then flowed down Kiel and the natural wash between Kiel and Racetrack that would be Jena if you were to follow it further to the southeast. This water would have dispersed even more debris if it were built. It seems that the natural environment would not be protected and rather destroyed upon building of the proposed complex.

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In summary, staff finds the proposal meets the standards and objectives for residential zoning districts and the Rural Neighborhood Preservation protection standards. All anticipated concerns have been mitigated through the CUP without causing a “substantial burden” on the applicant. As such, staff recommends approval of this request.

DRA-2022009885

The applicant intends construct a 5-acre campus for Hindu teachings, training, and practice. The main priest will live in his own separate home onsite that is designed to be consistent with other homes in the neighborhood. This Main Residence, and a decorative 6-foot-tall masonry perimeter wall and offsite improvements, are to be constructed first. The site will be gated, so decorative gates are included with the wall detail. The color and materials meet Code, however, there are long spans of perimeter wall for this site. The east to west wall is over 300 feet in length and it measures over 650 feet in length north to south. Section 19.10.6.B.4 of the Development Code requires variations and undulations for walls in excess of 250 feet in length to help break up the monotony. Thus, this requirement applies to each perimeter of this site. Staff has included a condition that an updated detail of the perimeter walls be submitted to staff for approval, prior to issuance of a building permit. Main access to the site will be from Kiel Street, with an emergency access gate to Cadiz Avenue.

The other structures and remaining internal site improvements will be completed over a two to three-year period. The additional facilities the applicant proposes to complete the 5-acre site are as follows:

• Multipurpose building (religious assembly, dining, and six visitor rooms)

• Second Residence (home for resident priest / family, and visitors)

• Temple (worship structure)

• Shed (for storage and maintenance equipment)

The applicant is proposing a large amount of open space area with decorative landscaping that includes two large gazebos, a statue in the northeast corner that is 11-12 feet tall, and meandering pathways with bench seating throughout the site.

The applicant has complied with all parking, building height, building design, and setback requirements. For more detail on each of these, please refer below.

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PROPERTY SIZE

5.0 acres

BUILDING SIZE

Main Residence 3,926 square feet

Second Residence 3,254 square feet

Multipurpose Building 6,551 square feet

Temple 4,295 square feet (1,879 covered patio area)

Shed 625 square feet

Total 18,651 square feet

BUILDING HEIGHT (Maximum 35 feet)

Main Residence 16 feet / 21 feet to top of dome

Second Residence 15 feet / 18 feet to top of parapet

Multipurpose 20 feet / 27 feet to top of dome

Temple 16 feet / 35 feet to top of dome

Shed 18 feet

SETBACKS

Required:

Front 20 feet *

Corner Side 15 feet

Rear 25 feet

*For parcels like this that have multiple corners, the Front is determined by the shortest width of the two corners. In this case they were even, so the applicant chose the front to face north. Setbacks below are based on which building is closest to each setback line.

Provided:

Front 37 feet (Temple)

Provided:

Corner Side (west) 22 feet (Main Residence)

Rear 25 feet (Main Residence)

Provided:

Side Corner (east) 16.5 feet (Multipurpose)

Provided:

Side Corner (east) 21 feet (Second Residence)

Rear 25 feet (Second Residence)

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PARKING (Religious Assembly)

4,610 sq. feet R-Assembly area = 93 spaces (Based on 1/50 sq. feet of non-fixed seating)

Main & Second Residence

(2 per dwelling) 4 spaces

Total Required: 97 spaces

Total Provided: 105 spaces

BICYCLE PARKING

Standard: Long-term and short-term bicycle parking are to be provided at the following minimum spaces per 1,000 square feet of floor area:

Proposed Use Long-Term Short-Term

Religious Assembly 0.05 0.50

Required

Long-Term: 1 space

Short-Term: 3 spaces

Provided

Long-Term: 1 space

Short-Term: 10 spaces

The short-term bicycle parking is located adjacent to the west side of the Multipurpose building and east of the shed. The long-term bicycle parking is secured within the Multipurpose building.

PERIMETER LANDSCAPING

Required:

A minimum of 7 feet of landscaping is required outside the perimeter wall on each side of the parcel.

Provided:

As required

PEDESTRIAN CIRCULATION

Residents and visitors will have access to a network of pathways within the 5-acre site. Each structure in the site will have access to an ADA walkway that will connect through the main entrance to the sidewalk on Kiel Street.

TRASH ENCLOSURE

There are no trash enclosures on site. The applicant wants to use cannisters for each building, so they will need to arrange residential trash collection with Republic Services for additional cannisters for pick up. A condition has been included that the accumulation of trash and materials must be kept inside all structures at all times, until trash pick-up.

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ARCHITECTURE, MATERIALS AND COLORS

All buildings comply with the residential height standards and are designed to meet the City’s design standards. As illustrated in each colored elevation exhibit, all structures are designed with good variation in roofline, façade articulation and variation, and the applicant proposes a variety of materials and colors. All exterior colors will be earth tone. The mix of materials are three colors of contrasting stucco, Coronado stone accents, Redwood wood paneling accents, and metal seam roofs. This complete variety is on the two residence homes and Multipurpose building. The shed is somewhat consistent with the main structures as it has the stucco coloring and metal seam roof, but it does not have the same variety in materials.

The temple building, however, is a much larger structure and should be consistent with the other main structures and showcase more material variation. For example, column supports on the other building are full length stone or wood paneling, where the stone only extends up a couple feet on the temple columns. As such, a condition has been included for the applicant to provide revised elevations of the shed and Temple, prior to issuance of a permit. Another notable design feature is there will be glazed fiberglass domes, smaller than the Temple dome, over the main entries for the Main Residence and the Multipurpose buildings to help tie these buildings to that main design characteristic of the Temple.

In summary, staff finds the site layout and architectural design comply with the RS-1-RN zone and the City’s design standards, and with all anticipated concerns mitigated satisfactorily through the CUP without causing a substantial burden on the applicant. Staff recommends approval of this request.

RECOMMENDATION

CUP-2022009884

FINAL APPROVAL, subject to findings of fact and conditions.

FINDINGS OF FACT

A. The proposed use complies with all applicable provisions of the Development Code.

B. The proposed use is compatible with adjacent uses in terms of scale, site design, and operating characteristics (hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts).

C. Any significant adverse impacts resulting from this use will be mitigated or offset to the maximum practical extent.

D. The proposed use will not cause substantial diminution in value of other property in the neighborhood in which it is to be located.

E. Public safety, transportation, and utility facilities and services will be available to serve the subject property, while maintaining sufficient levels of service for existing development.

F. Adequate assurances of continuing maintenance have been provided.

G. Any significant adverse impacts on the natural environment will be mitigated to the maximum practical extent.

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BUILDING AND FIRE SAFETY CONDITIONS

The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Number 3510 as adopted by the City of Henderson. Building and Fire Safety approval is based upon review of the civil improvement or building drawings, not planning documents.

1. Applicant shall obtain a Fire Department permit for assembly use prior to engaging in a hazardous activity or use.

COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS

2. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval.

3. This conditional use permit for religious assembly shall lapse one year from the effective date of approval unless the use is established, commenced or extended in accordance with Section 19.6.6.A. of the Development Code.

4. Festival events shall be limited to six events per year, as outlined below.

i. Christmas Eve

ii. New Year’s Day (morning)

iii. Gayatri Prayer (24-hours in August)

iv. Shiva Prayer (24-hours in March)

v. Ram Prayer (One day in April, from 10:00 AM – 2:00 PM)

vi. Hanuman Prayer (One day in March, from 8:00 AM – 2:00 PM)

5. Hours of operation for the public shall be from 8:00 AM to noon and from 5:00 PM to

8:00 PM, including prayer services every 2nd Sunday from 2:00 PM to 6:00 PM.

6. The visitor/guest units may not be used as tourist accommodations or vacation rentals.

7. No on-street parking shall be permitted. Visitor/guest parking must be accommodated on site at all times.

RECOMMENDATION

DRA-2022009885

FINAL APPROVAL, subject to conditions.

PUBLIC WORKS CONDITIONS

1. The acceptance or approval of this item does not authorize or entitle the applicant to construct the project referred to in such application or to receive further development approvals, grading permits or building permits, nor does it infer approval for final lot configuration, geometry, or roadway layout. Public Works Department approval is based upon review of the civil improvement plans and associated studies, not planning documents.

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Applicant shall apply and receive approval of a revocable permit for all non-standard items within the public right-of-way (or City-owned property).

3. If full offsites are not being built than Lisbon Street must be designed with 32-ft of pavement between Berlin Avenue and Cadiz per CCAUSD 209.

4. Driveways must be designed and constructed per CCAUSD 222.1.

5. The distance from the call box to the face of curb of the curb return radius on Kiel must be minimum 50 feet, or the distance per the queuing analysis, whichever is greater.

Gate queuing analysis is required with 99% confidence.

6. The southern driveway must be gated for emergency access only.

7. A 5-foot non-exclusive utility easement will be reserved along all portions of property fronting a public street.

8. Applicant shall submit a drainage study for Public Works' approval.

9. Applicant must address the Las Vegas Valley Parking Lot Low Impact Development Criteria as set forth in Section 1500 of the Clark County Regional Flood Control District Design Manual.

10. Applicant shall construct full offsites per Public Works' requirements and dedicate any necessary right-of-way.

11. Applicant shall submit Civil Improvement Plans per Public Works' requirements.

12. Applicant shall dedicate public right-of-way per Public Works' requirements.

13. Applicant must apply and receive approval to vacate unnecessary rights-of-way and/or easements per Public Works’ requirements.

14. Applicant shall submit a traffic impact study to address traffic concerns and to determine the proportionate share of this development's local participation in the cost of traffic signals and/or intersection improvements. Applicant shall comply with conditions of the traffic study.

15. Access driveways must be dedicated per Public Works' requirements.

UTILITY SERVICES CONDITIONS

16. Applicant shall submit a utility plan and utility analysis for Department of Utility Services' approval.

17. All onsite utilities shall remain privately owned and maintained.

18. Civil improvement plans shall comply with the requirements of the Uniform Design and Construction Standards for Water Distribution Systems and the Design and Construction Standards for Wastewater Collection Systems.

19. Applicant shall prepare water and sewer system design in accordance with the Department of Utility Services' requirements. Approval of this application does not infer Department of Utility Services' approval for the water and sewer system layout as reflected on the application.

20. Applicant may be required to provide a water and/or sewer system capacity analysis covering the overall water and/or sewer system providing service to the project, prior to submitting civil improvement plans to the City. Preparation of said capacity analysis shall be coordinated with the Department of Utility Services.

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BUILDING AND FIRE SAFETY CONDITIONS

The authority for enforcing the International Fire Code is NRS 477.030 and Ordinance Number 3510 as adopted by the City of Henderson. Building and Fire Safety approval is based upon review of the civil improvement or building drawings, not planning documents.

21. Applicant shall submit plans for review and approval prior to installing any gate, speed humps (speed bumps not permitted), and any other fire apparatus access roadway obstructions.

22. Applicant shall submit fire apparatus access road (fire lane) plans for Fire Department review and approval.

23. Applicant shall submit utility plans containing fire hydrant locations. Fire Department approval is based upon the review of the civil improvement drawings, not planning documents. Fire hydrants shall be installed and operational in accordance with the International Fire Code Section 1412 as amended.

24. Projects constructed in phases shall submit a phasing plan describing the fire apparatus access roads and fire hydrant locations relevant to each phase.

25. Applicant shall provide secondary access as approved by Public Works and the Fire Department.

26. Applicant shall provide approved primary and secondary roads from the proposed project to existing paved roadways.

27. Applicant shall provide a dual water source as approved by Public Works and the Fire Department.

28. Applicant shall provide a minimum turning radius of 52 feet outside and 28 feet inside for all portions of the fire apparatus access road (fire lane). This radius shall be shown graphically and the dimensions noted on the drawings.

29. Applicant shall install an approved sprinkler system in all buildings / dwelling units as required by Code.

30. Applicant shall verify that all portions of the buildings' exteriors are within 150 feet of fire lane or provide an acceptable mitigation to Fire Safety prior to final approval of civil plans.

COMMUNITY DEVELOPMENT PLANNING SERVICES CONDITIONS

31. The applicant shall submit to the Community Development Department an electronic copy of the site plan with building footprints, driveways, parking, fire hydrants, Fire Department connections, and unit numbers in the latest AutoCAD release prior to issuance of building permits.

32. All aboveground public and private-owned utility equipment shall be screened by a cabinet, landscaping or decorative wall.

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33. Approval of this application requires the applicant to comply with all Code requirements not specifically listed as a condition of approval but required by Title 19 of the Henderson Municipal Code, compliance with all plans and exhibits presented and amended as part of the final approval, and compliance with all additional items required to fulfill conditions of approval. Subsequent changes or revisions to any of these plans and/or exhibits are subject to an amendment to this application for approval.

34. All walls, fences, and gates visible from streets, parking lots, and common areas shall be constructed of decorative materials and installed by the applicant. Unless specifically shown on the approved plans, the use of chain link fence or colored, common gray or painted CMU block shall not be permitted.

35. Applicant shall submit landscaping and irrigation construction documents for Community Development staff to review and approve prior to the issuance of a building permit. Landscape and irrigation construction documents shall include all required common area, parking lot, and perimeter landscaping.

36. Unless approved by a phasing plan, all landscaping shall be installed with the first phase of development. All landscaping shall be maintained by the applicant or property owner(s) association.

37. Approval of this design review for a Hindu Temple complex and living accommodations shall be for a period of 18 months from the effective date of approval, unless the approval is extended in accordance with Section 19.6.6.B of the Development Code.

38. Applicant shall submit an Addressing application with building and unit numbering for Community Development DSC staff approval prior to submitting building permits.

39. All parking spaces required by Section 19.7.4 (and relevant subsections of 19.5) of the Development Code must be free, unfettered, and permanently available to all users. They must also be maintained for public parking purposes only. This applies to both covered and uncovered parking spaces (required spaces may be covered so long as they are not reserved). Only parking spaces provided in excess of the number required by the Code may be reserved - covered or uncovered - for specific users.

40. Applicant must post a bond with the Public Works Department for the installation of all perimeter landscaping and common open space landscaping and amenities prior to approval of the Civil Improvement Plans.

41. All grading and construction/staging activity must remain completely on-site, or will require the approval of any and all affected adjacent property owner(s).

42. Applicant must provide staff with confirmation of how trash will be contained and collected, prior to the issuance of a permit. If a trash enclosure is placed on site, the applicant must also obtain staff approval for the amended site plan exhibits and a trash enclosure detail.

43. The applicant shall submit revised elevations of the main Temple and shed. Applicant shall work with staff to include additional stone and another contrasting color for the buildings, prior to the issuance of a building permit.

44. No loudspeakers or loud music shall be permitted on site.

45. Lighting is to be limited to ground lighting for internal pathways and down-lighting for buildings. No light may glare or bleed outside the walls of the Temple campus.

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46. Prior to the issuance of a building permit, the Applicant must revise the perimeter screen wall exhibit and obtain staff approval. Details must include variations / undulations to help break up the monotony of walls that are in excess of 250 feet in length. Per section 19.10.6.B.4 of the Development Code, this applies to all perimeter walls for this site.