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HomeMy WebLinkAboutItem No. 3CITY OF V, LADE LSIAORE DREAM EXTREM& REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 20, 2010 SUBJECT: CONTINUANCE OF STATUS REPORT AND REVIEW OF CONDITIONS FOR THE EXISTING LAKE ELSINORE MOTOCROSS FACILITY CONDITIONAL USE PERMIT NO. 2001-05 APPLICANT: RANDY HINER, 31500 GRAPE STREET, SUITE 3 -275, LAKE ELSINORE, CA 92530 OWNER: KRIS KAKKAR, CEREAL PARTNERS, 11292 PINECONE STREET, CORONA, CA 92883 Discussion The Planning Commission considered this item at their April 6, 2010 meeting. However, the applicant, Mr. Hiner, was not in attendance due to a family emergency. Subsequently, the Commission directed staff to continue the matter to the April 20, 2010 Planning Commission meeting so that the various issues can be discussed with the applicant. The April 6, 2010 staff report has been attached for the Commission's review. At the Commission's request, staff has also completed further research regarding the various bonding requirements for the Motocross facility (See Condition of Approval Numbers 8, 9 & 10). City Finance Department records indicate that Mr. Hiner did indeed provide a $40,000 Certificate of Deposit to the City in October 2002 to cover the bond amounts required in Conditions 8, 9 & 10. However, in July of 2008, the Certificate of Deposit was refunded to Mr. Hiner and a $22,500 portion of the total was deposited into CRS 1483 which serves as the funds to pay for the review of the environmental documents associated with Mr. Hiner's current entitlement request, i.e. Conditional Use Permit No. 2008 -12. PC April 20, 2010 Item No. 3 Page 1 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 20, 2010 PAGE 2 of 2 Recommendation Staff recommends that the Planning Commission consider the Status Report for the Conditions of Approval associated with Conditional Use Permit No. 2001 -05 and direct staff as deemed appropriate. W Prepared By: Matthew C. Harris, Senior Planner & Justin Carlson, Redevelopment Project Analyst 41 /O-c Approved By: Robert A. Brady,t� @P, City Manager (* Attachment: 1. Planning Commission Staff Report dated April 6, 2010. Note: Please Use Full Size Site Plan Distributed to Planning Commission on April 6, 2010. PC April 20, 2010 Item No. 3 Page 2 of 35 CITY OF LADE TO: FROM: DATE: LSMORE DREAM EXTREME, REPORT TO PLANNING COMMISSION HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT APRIL 6, 2010 SUBJECT: STATUS REPORT AND REVIEW OF CONDITIONS FOR THE EXISTING LAKE ELSINORE MOTOCROSS FACILITY (CUP 2001 -05) APPLICANT: RANDY HINER, 31500 GRAPE STREET, SUITE 3 -275, LAKE ELSINORE, CA 92530 OWNER: KRIS KAKKAR, CEREAL PARTNERS, 11292 PINECONE STREET, CORONA, CA 92883 Project Description At the request of the Planning Commission, both Planning Division and Engineering Division staff have compiled a Status Report of the various Conditions of Approval in association with Conditional Use Permit No. 2001 -05 which currently governs the existing Lake Elsinore Motocross Facility. Project Location The 93.1 acre subject property is located North of Cereal Street and West of Corydon Street within the East Lake Specific Plan boundary (APN 370 - 030 -012). Project Background On January 21, 1998, the Planning Commission approved Conditional Use Permit No. 96 -8 allowing for the establishment of a temporary motocross racing and training facility on the undeveloped subject property. The Conditional Use Permit allowed for the following onsite improvements: PC April 20, 2010 Item No. 3 Page 3 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 2of16 • Pee Wee Track • 250CC Motorcycle Track - 1/10 Mile • Low Speed Balance Practice Area • Circle Practice Track • Moto -Cross Track • Viewing Areas • Picnic Areas • Onsite Parking Area • Seventy -Five Maximum Bikes Allowed Onsite Per Day • Maximum of Five Races Per Hour Subsequently, on August 7, 2002, the Planning Commission approved Conditional Use Permit No. 2001 -05 allowing for the expansion and continuation of the existing use (See Attachment No. 2 for the Conditions of Approval). The Conditional Use Permit allowed for the following modifications: • Added BMX Track to the Facility • Added Three Years to the Life of the CUP On December 17, 2002, the Planning Commission conducted a revocation hearing for Conditional Use Permit No. 2001 -05 after the applicant failed to comply with several conditions of approval. However, by the date of the hearing, staff had worked with the applicant to resolve all but one condition and the last condition was addressed at the hearing. Therefore, the Commission found the Lake Elsinore Motorcross Facility to be in full compliance with all conditions of approval associated with Conditional Use Permit No. 2001 -5 and voted unanimously to take no further action. Conditional Use Permit No. 2001 -05 was conditioned to expire in August of 2005 but was extended twice by the Community Development Director to August of 2007. The City Attorney has subsequently concluded that Conditional Use Permits are a land use right given to the property owner which runs with the land unless either revoked or suspended. Therefore, given that the previously approved Conditional Use Permit was never revoked or suspended by the City, the City Attorney believes the associated conditions of approval remain valid to date. Status of CUP No. 2008 -12 & CDR 2009 -03 The Planning Division is currently processing Conditional Use Permit No. 2008 -12 and Commercial Design Review No. 2009 -03 in order to entitle various uses and improvements that the applicant is proposing for the facility. An Initial Study /Mitigated Negative Declaration was prepared in association with the entitlements and the public comment period has closed. Staff is in receipt of several comment letters from various parties which must now be addressed by the applicant's environmental consultants after necessary funding has been provided by the applicant. Once the Final Initial Study and Mitigation Monitoring Program have been completed, and the applicant provides some PC April 20, 2010 Item No. 3 Page 4 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 3 of 16 additional materials, staff will schedule this project for Planning Commission consideration at a public hearing. Compliance with Conditions of Approval An inspection of the facility and an interview with Mr. Randy Hiner were conducted on March 10, 2010 by both Planning and Engineering staff. The status of conditions of approval which currently govern the facility in association with CUP No. 2001 -05 are as follows: Planning Division Conditions Condition No. 1. Conditional Use Permit No. 2001 -05 will lapse and be void unless the use continues as intended within one (1) year of Planning Commission approval. Conditional Use Permit No. 2001 -15 was commenced within one year of being approved by the Planning Commission and has been continually operated since. Condition No. 2. The Conditional Use Permit shall expire three (3) years from the date of Planning Commission approval. After that time, the applicant may request that the Community Development Director or designee extend the CUP on a yearly basis for an additional twenty -four (24) months not to exceed a total of five (5) years. Should the Community Development Director or designee receive any legitimate and justifiable concerns or complaints from the public regarding impacts associated from the operation of the use which cannot be resolved or the applicant fails to address and resolve, the Community Development Director shall have the ability to commence proceedings to recommend to the Planning Commission the revocation of the CUP in a similar fashion and process as originally considered. The Community Development Director shall also initiate revocation proceedings of the CUP if or when plans are submitted to the City proposing residential development for the project site at issuance of building permit for any of the models for the Specific Plan. Operation of the Motocross Facility will be ceased at the discretion of the Community Development Director or designee. In accordance with the City Attorney's previous opinion, a Conditional Use Permit cannot be conditioned to expire. Therefore, the above condition is not legally binding. Conditional Use Permit No. 2001 -15 has not expired and is currently an active permit. Condition No. 3. The applicant shall demonstrate full compliance with all Conditions of Approval and staffing recommendations as stated on Condition of Approval No. 6 within 30 days of Planning Commission approval. Failure to comply with the Conditions and recommendations shall cause facility to be closed until it is determined by the Community Development Director or designee full compliance has been met. PC April 20, 2010 Item No. 3 Page 5 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 4 of 16 As indicated above, CUP No. 2001 -05 was brought before the Planning Commission once in December 2002 for revocation. However, the Commission found that all conditions have been complied with and no further action was taken. The motocross facility has continually operated since that determination was made. Therefore, it must be assumed that the applicant demonstrated a sufficient degree of compliance with the conditions of approval over time so as not to require that the facility be closed. Condition No. 4. The applicant shall be required to conduct Noise Studies (noise readings) annually (or sooner if it is determined necessary by the Community Development Director) to monitor sound levels emanated from the facility. The applicant shall deposit with the City an amount equal to the cost of such study plus administrative charges. The applicant indicates that a noise study was submitted at the end of the first year of operation. However, a noise study has not been provided since then given that the few noise complaints received from surrounding residents /property owners over time have been addressed quickly by the applicant. Condition No. 5. The applicant shall be required to conduct Air Quality Studies annually (or sooner if it is determined necessary by the Community Development Director) to monitor dust levels emanated from the facility. The applicant shall deposit with the City and amount equal to the cost of such study plus administrative charges. The applicant indicates that an air quality study was submitted after the first year of operation. However, additional studies have not been provided since then given that dust complaints received from surrounding residents /property owners over time have been addressed quickly by the applicant. Condition No. 6. Operation of the facility shall require staffing levels as follows: It has been determined that in order to guarantee safety and regulate capacities at the facility and each track, the following number of employees per track will be required (total 26 employees) (These employees will be required to wear uniforms identifying them as facility employees, e.g., yellow vests or shirts with the wording "Staffg: a. BMX Track — 1 attendant to regulate access to track and 1 flag person in track (2 total); b. Vintage Track— 1 attendant to regulate access to track and 2 flag persons in track (3 total); C. 60 to 80 Track — 1 attendant to regulate access to track and 2 flag persons in track (3 total); d. Pee Wee Track — 1 attendant to regulate access to track and 1 flag person in track (2 total); PC April 20, 2010 Item No. 3 Page 6 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 5 of 16 e. Main Track — 1 attendant to regulate access and three flag persons in track (4 total); f. Professional Practice — 1 attendant to regulate access to track and 1 flag person in track (2 total); g. Professional Super — 1 attendant to regulate access to track and 1 flag person in track (2 total); h. In addition, 1 site manager, 2 parking attendants, 2 EMT, 1 water truck operator, 1 grader /track repairer, and 1 general site security person (8 total). The applicant indicates that the above condition was written to address peak operating conditions. However, in reality, he indicates that the facility rarely operates at such a level. The applicant further states that former Planning Manager Villa gave verbal approval for the applicant to determine the level of staff needed to operate the facility safely at his discretion based on the amount of riders at the facility at any given time whereby, staffing could be increased or decreased. The applicant has continually operated the facility in accord with this agreement up to the present time. Condition No. 7. It will be necessary to relocate the pay booth to an elevation of 1,267 msl or above. An additional security booth will be required on the tower area. The applicant indicates that the pay booth is not currently located at an elevation of 1,267 msl. It is his understanding that the pay booth does not need to comply with this elevation given that it is a "temporary" structure and can be moved within 72 hours in accordance with Army Corps. of Engineers requirements. Upon site inspection, staff believes that the pay booth could be moved fairly easily if needed. Moreover, the applicant cannot recall why an additional security booth was required onsite. The booth was never added subsequent to approval of CUP No. 2001 -15. Condition No. 8. The applicant shall post a cash bond in the amount of $5,000 to guarantee proper removal of structures, artifacts, and equipment utilized at the site. The applicant indicates that this bond was provided to the City as the condition requires. However, planning staff has since allowed these funds to instead be applied to the processing fees associated with the applicant's current Conditional Use Permit Modification and Commercial Design Review applications. Condition No. 9. The applicant shall post a cash bond in the amount of $15,000 to guarantee proper reversal of all grading at the site. Upon termination of use, all jumps, ramps, and grading shall be flattened to reflect original conditions. PC April 20, 2010 Item No. 3 Page 7 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 6 of 16 The applicant indicates that this bond was provided to the City as the condition requires. However, planning staff has since allowed these funds to instead be applied to the processing fees associated with the applicant's current Conditional Use Permit Modification and Commercial Design Review applications. Condition No. 10. The applicant shall post a cash bond in the amount of $20,000 to guarantee removal of potentially contaminated soil. The applicant indicates that this bond was provided to the City as the condition requires. However, planning staff has since allowed these funds to instead be applied to the processing fees associated with the applicant's current Conditional Use Permit Modification and Commercial Design Review applications. This condition was deleted by the Planning Commission. Condition No. 12. Identify if vending machines or structures are included in the snack area. If structures are present, snack area cannot be allowed because no structures are allowed below the floodplain. The applicant indicates that a hot dog cart was originally used onsite for concession sales. However, the cart has not been used onsite for several years and no other concessions (food or drinks) are being sold within the facility at this time. Staff has determined that there is no snack area, vending machines or structures associated with snacks onsite at the current time. Condition No. 13. The applicant shall be required to prepare a detailed site plan for the 60'X 200' pad area for the office and storage that will be required to provide temporary landscaping and parking facilities subject to the approval of the City's Landscape Architect and the Community Development Director. A fee for the review and approval of the landscaping plan shall be required. The pad area will be allowed to have a temporary trailer in compliance with FEMA requirements. The 10' X 20' office trailer used for general administration shall be aesthetically enhanced to include landscaping. Public restrooms shall be provided. The applicant indicates that an office trailer, parking area, restrooms and surrounding landscaping improvements previously existed onsite but were eliminated from the site entirely approximately a year and a half ago in order to reduce overhead costs. Staff has confirmed that these improvements are not currently located onsite. PC April 20, 2010 Item No. 3 Page 8 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 7 of 16 Condition No. 14. Temporary restroom facilities shall be provided at strategic locations adequate to support ultimate visitor capacity. The Applicant shall furnish the City a copy of a contract or written proof that these facilities shall be provided prior to continuation of use. A total of nine (9) portable restroom facilities are currently stored on the project site. The applicant indicates that these portable restroom facilities are strategically located throughout the facility on any given day based on the number of race tracks that are in operation and the number of users onsite. The applicant currently uses Whitehouse Sanitation to service the restrooms which occurs weekly or on an as needed basis. A written copy of the service contract has never been provided to the City. However, these services have been provided consistently since the facility commenced operating. Condition No. 15. All motorcycle fueling shall be concentrated in one area (e.g. parking lot) to regulate and minimize soil contamination. A cash bond will be required to guarantee soil remediation. If necessary, the bond will be used to remediate contaminated soil. (See Condition No. 10). The applicant indicates that very few users typically re -fuel onsite given that they do not operate their vehicles long enough to deplete a tank of fuel. If re- fueling does occur, it is generally done within the users tow vehicle or trailer. The applicant again indicates that the cash bond for soil remediation was allowed to be applied to the processing fees associated with the applicant's current Conditional Use Permit Modification and Commercial Design Review applications. Condition No. 16. The project shall be allowed to operate based on Exhibit B "Detailed Operating Characteristics" and based on additional recommendations outlined on Conditions of Approval No. 6 submitted by the applicant with the exception of night operations. Operations shall be limited to 9:00 AM to dusk. The applicant indicates that he has operated the facility in compliance with the approved "Detailed Operating Characteristics" (See Attachment 5) on an ongoing basis with the exception of Item No. 12 given that no fueling takes place onsite. Condition No. 17. For Major Special Events, the applicant shall be required to comply with Section 5.73 (Special Events) of the Lake Elsinore Municipal Code. Night operations for major special events may be allowed by the Community Services & Development Directors and subject to additional Conditions of Approval. The applicant indicates that a variety of special events have been held over time on the facility grounds including Lucas Oil Races, Rodeos and the Grand Prix. All these events PC April 20, 2010 Item No. 3 Page 9 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 8 of 16 have been approved by the City through the issuance of a Special Event Permit with associated conditions of approval in accordance with the above condition. Condition No. 18. The proposed temporaryrinterim motocross training and racing facility shall be subject to the Mitigation Monitoring Program in Mitigated Negative Declaration (MND) No. 2002- 02. The Mitigation Monitoring Program (see Attachment No. 4) outlines four required issues requiring mitigation which include the following: Air Quality Throughout operations of the Motocross facility, the applicant shall ensure that the exposed dirt areas are watered a minimum of four to five times daily. Based on discussions with the applicant, staff believes this mitigation is being complied with. Moreover, when dust complaints have been received by the City, they have been quickly addressed by the applicant. Hydrology and Water Qualitv Prior to issuance of grading permit, the applicant shall acquire a Notice of Intent from the Santa Ana Regional Water Quality Control Board, in accordance with the City's National Pollutant Discharge Elimination System ( NPDES) permit and comply with appropriate NPDES and Best Management Practices regulations. Engineering Division staff has found no evidence that a Notice of Intent has been issued by the Regional Water Quality Control Board. See Condition No. 35 below. Public Services Dedicate a minimum 16 -foot access road. Said road shall be designed to support a minimum of 60,000 lbs. over 2 axles, all weather surface and non - erode -able. This shall include the `pit area ". See response to Condition No. 25 below. Provide a minimum of two parking attendants on weekends and holidays to direct traffic to the parking area. Parking areas shall maintain a minimum 20 feet unobstructed width and have a sufficient turning radius at each end to accommodate fire apparatus. The applicant has indicated that he has complied with this mitigation measure on an ongoing basis. See response to Condition No. 6 above. PC April 20, 2010 Item No. 3 Page 10 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 9 of 16 Ensure that gates are a minimum of 18 feet and can accommodate fire apparatus traveling in either direction. Staff has determined that the gates comply with the required width. Provide a BLS ambulance and assigned EMT's throughout the hours of operation. Additional requirements may be established for special events. See response to Condition No. 24 below. Separate all vehicle fueling and maintenance areas from public assembly or spectator areas by a minimum of 50 feet. See response to Condition No. 15 above. Post "No Smoking" signs around all areas that contain stored and /or where dispensing flammable or combustible fuels or solvents are used. The applicant indicates that no flammable or combustible materials are stored onsite. Provide a minimum 20 BC rated fire extinguishers in those areas with a maximum travel distance no greater than 50 feet. The applicant indicates that this mitigation measure has been complied with on an ongoing basis. Ensure that all flammable and combustible liquid storage and dispensing shall be in accordance with Article 79 of the Uniform Fire Code and California Fire Code. Said storage shall be in approved containers with appropriate labeling. The applicant indicates that no flammable or combustible liquid storage or dispensing occurs onsite in association with the existing facility. Transportation and Traffic Prior to issuance of final occupancy, the applicant shall prepare a Traffic Control Plan. Said plan shall, at a minimum, describe those traffic control measures and methods required to ensure congestion will not occur on connecting roadways, staffing requirements, parking plans, and any other measures to ensure congestion is controlled Engineering Division staff has not found a Traffic Control Plan in the project files. Condition No. 19. Prior to commencement of operations, the applicant shall submit all binders of Liability Insurance naming the City of Lake Elsinore as additional insured, to be approved by the PC April 20, 2010 Item No. 3 Page 11 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 10 of 16 City's Risk Management Director (Administrative Services Director) and Community Development Director or designee. Minimum Liability Insurance shall be for $2,000,000.00. The applicant has provided staff with evidence of a current Certificate of Liability Insurance for the facility in the amount of $2,000,000.00. Condition No. 20. Applicant is to meet all applicable City Codes and Ordinances including American Disability Act requirements prior to commencement of operations. The applicant's compliance or non- compliance with applicable City Codes and Ordinances is addressed throughout this summary. With the exception of one accessible portable restroom facility, staff did not find any other accessibility improvements within the facility. Condition No. 21. All site improvements shall be constructed as indicated on the approved site plan (Exhibit A) unless modified by Planning Commission action. Revisions to approved plans shall be subject to discretion of the Community Development Director or designee. Upon site inspection, it appears that all existing site improvements comply with the approved site plan associated with CUP NO. 2001 -05. The only exceptions are a large earthen elevated spectator area which the applicant confirms was constructed subsequent to the approval of the Conditional Use Permit and a Lucas Oil entry gate sign which was not approved by either the Planning Division or Building & Safety Division. Condition No. 22. Prior to commencement of operations, 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. Staff has determined that an Acknowledgement of Conditions has indeed been signed and is on file at the Community Development Department. Condition No. 23. All uses and /or activities not specifically permitted by this permit shall be prohibited. Based on the site inspection, staff found no evidence of other uses or activities currently occurring onsite that were not included in COA NO. 2001 -05. PC April 20, 2010 Item No. 3 Page 12 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 11 of 16 Emergency Services Conditions Condition No. 24. It will be required to contract with a private ambulance service during weekend operations. In addition, 2 EMT personnel will be required during the week. (Modifications shall be subject to the review and approval by the Fire Chief and Community Development Director). Based on a discussion with Chief Hendershot of the Riverside County Fire Department, the Fire Department currently requires that at least one Emergency Medical Technician (EMT) be onsite and available at all time during motocross practice sessions. Moreover, the Fire Department requires that a transportation ambulance be provided onsite at all time during any and all organized event competitions. The Chief believes that the applicant is currently complying with these requirements. Condition No. 25. The entrance access road (from Cereal Road to entrance) shall be clearly defined and improved to support emergency vehicles a minimum of 60,000 Ibs over two axles. The road surface shall be all weather surface and non- erode -able. In addition, a secondary emergency only vehicle access road shall be improved with similar construction. Currently, shown emergency access road encroaches on a separate parcel letter of permission shall be required. An access agreement shall be required from property owner for the duration of permit. Based on discussions with Chief Hendershot of the Riverside County Fire Department, the Fire Department currently believes that the dirt entrance road from Cereal Street and the secondary/emergency access road have been sufficiently constructed to support emergency service vehicles based on improvements undertaken by Lucas Oil. However, the Chief does indicate that the roads are not considered all weather and non - erode -able as the condition requires. The applicant indicates that no written access agreement currently exists in association with the emergency access road. He only has a verbal agreement to use the road with the adjacent property owner. Engineering Division Conditions Condition No. 26. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. The Applicant is not in compliance with all Public Works Department/Engineering Division requirements as identified in the following review of the Conditions of Approval. PC April 20, 2010 Item No. 3 Page 13 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 12 of 16 Condition No. 27. No improvements shall be made upon all lands below the 1265 ft. elevation level in the Lake Elsinore flood plain, southeasterly of the lake levee and no artificial change in the topography in the surface of said lands shall be made (except terracing and soil conservation measures) LEMC 15.68.052. There has been extensive grading conducted on the subject property in association with the proposed facility. Elevation based on City and County resources is listed between 1252 and 1263 ft. Condition No. 28 Projects proposed in the back basin that the City or applicant deem non jurisdictional shall receive a written non jurisdictional confirmation from the Corps of Engineers prior to any commencement of work along with a review of how the project complies with the special conditions to Permit No. 88- 00215- 00 -RRS (Lake Elsinore Management Project) Engineering Division records do not contain a copy of the written non - jurisdictional confirmation. Applicant has stated he has had verbal conversations with a representative from Army Corps. Condition No. 29. Meet all requirements of LEMC 15.68 of the Municipal Code regarding flood plain management. The Applicant is in violation of Sections 15.68.020 and 15.68.052. Section 15.68.020 requires that the lowest floor of non - residential structures within the perimeter of Lakeshore, Grand Avenue, Mission Trail /Corydon and Riverside Drive be elevated to a minimum of 1267 ft; the finished floor of the ticket booth is below 1267 ft. Section 15.68.052 prohibits structures and improvements below the elevation of 1265 ft southeast of the lake levy without first complying with all applicable local, state and federal laws. The Applicant is not in compliance with City Engineering Division grading permit requirements and has not provided documentation showing compliance with US Army Corps of Engineers Lake Elsinore Management Project permit requirements. Condition No. 30. Meet all requirements of LEMC 15.64 of the Municipal Code regarding flood hazard regulations. The Applicant is in violation of several sections of LEMC 15.64, specifically; 1) 15.64.400(A), a permit was not obtained from the Engineering Division for onsite grading activity and detailed plans which include elevations, drainage facilities, improvements, proposed structures, and base flood elevations have not been provided; 2) 15.64.400(B) and (C), structural details have not been provided for the existing ticket booth to include foundation, elevation and flood proofing design element; and 3) 15.64.400(D) elevation certificate for ticket booth has not been provided. PC April 20, 2010 Item No. 3 Page 14 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 13 of 16 Condition No. 31. The access road shall have a minimum width of 25 ft. The Applicant is in compliance with this condition as the access road provided is in excess of 25ft. Condition No. 32. The access road and parking lots shall be of compacted crushed aggregate base or provided with a surface and treatment to minimize the dust to be approved by the City Engineer. Access road and parking lots are dirt. Applicant states he applies water and water mixed with soap to help with dust in the air. Engineering Division records do not reflect approval for the use of water or soap & water in satisfaction of this condition. Condition No. 33. Applicant to provide FEMA elevation certificates prior to certificate of occupancies for all buildings (including trailers and storage facilities). Applicant has not provided a FEMA elevation certificate for existing ticket booth. Condition No. 34. Grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. The Applicant has not provided a grading plan for review and approval. The Applicant has and continues to grade on the site without an Engineering Division approved grading plan, grading permit, or appropriate security. The Applicant states that his grading on the site is necessary for build up of the motocross course and it was understood that he would have the freedom to grade as necessary due to the nature of the business. Condition No. 35. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the national Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The Applicant has not provided the Engineering Division with proof of filing of a Notice of Intent (An issued wastewater discharge identification number constitutes proof of filing.) and a check of the State Water Quality website does not list the site as possessing an active permit. — note a grading permit has not yet been issued. PC April 20, 2010 Item No. 3 Page 15 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 14 of 16 Condition No. 36. Buildings cannot be constructed and trailers cannot be located below the 1267 foot elevation. Existing ticket booth has been installed below the 1267 foot elevation. Condition No. 37. A dust control plan and an erosion control plan for storm water runoff needs to be submitted the City for approval. Engineering Division has no record of the submittal or approval of the dust control plan. Condition No. 38. The erosion control plan needs to be approved by the Santa Ana Regional Water Quality Control Board. Engineering Division has not received from either the Applicant or the Santa Ana Regional Water Quality Control Board confirmation of approval of the erosion control plan. Condition No. 39. A traffic control plan and study needs to be submitted to identify traffic control during events including total cumulative traffic with the existing motocross site. Engineering Division has no record of receiving the requested traffic control plan or study. Traffic control for events has been handled on a per event basis and continues to be an issue at the intersection of Cereal Street and Corydon Road. Condition No. 40. Secondary emergency vehicle access road is not on property site; applicant will need an easement to use this road. Easement has not been secured as confirmed in conversation with the Applicant. Condition No. 41. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. The Applicant has neither presented plans to construct facilities to convey the onsite drainage to a public facility nor provided a letter of drainage acceptance or a copy of a recorded drainage easement to the Engineering Division. Condition No. 42. All natural drainage traversing the site shall be conveyed through the site, or shall be PC April 20, 2010 Item No. 3 Page 16 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 15 of 16 collected and conveyed by a method approved by the City Engineer. The Applicant has not provided plans in support of the conveyance of onsite drainage to the Engineering Division for review and approval. Condition No. 43. All trash and debris including used gas tanks shall be appropriately removed and disposed of in an approved waste facility pursuant to the City's Franchise agreement with CRR. The Applicant stated he is not using CR & R for waste removal at the site. Condition No. 44. The applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings, administrations proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual alleged, or threatened , actual attorney fees incurred by the City court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly, or impliedly, in whole or in part to an approval by the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2001 -05 Lake Elsinore Motocross and BMX Racing and Training Tract) and /or Mitigated Negative Declaration Engineering Division staff is unaware of any situation requiring application of this condition. Code Enforcement Division Summa The Code Enforcement Division indicates that it has received several complaints over the years subsequent to the approval of CUP 2001 -05. The complaints, received from nearby residents in the County unincorporated area, were associated with noise and dust issues. However, the Division points out that the applicant quickly addressed the issues. Subsequently, no actual Code Enforcement cases have been opened in association with the Motocross facility. Recommendation Staff recommends that the Planning Commission consider Status Report for the Conditions of Approval associated with Conditional Use Permit No. 2001 -05 and direct staff as deemed appropriate. PC April 20, 2010 Item No. 3 Page 17 of 35 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 16 of 16 Prepared By: Matthew C. Harris, Senior Planner & Justin Carlson, Redevelopment Project Analyst Approved By: Tom Weiner, Director of Community Development Attachments: 1. Vicinity Map 2. Conditions of Approval (CUP No. 2001 -05) 3. Site Plan (CUP No. 2001 -05) 4. Mitigation Monitoring Program for MND 2002 -02 5. Detailed Operating Characteristics PC April 20, 2010 Item No. 3 Page 18 of 35 4. CONDITIONS OF APPROVAL FOR CUP 140.2001 -05 LAKE ELSINORE MUTOCROSS FACILITY INTERIM MOTOCROSS FACILITY PLANNING DIVISION (Itak'ir means verbiage added by Phw=g Commismom Stakedieengk means deleted verbiage by Planning Commission) 1. Conditional Use Permit No. 2001-05 Will lapse and be void unless the use continues as intended within one (1) year of Planning Commission approval. 2. The Conditional Use Permit shall expire three (3) years from the date of Planning Commission approval. After that time, the applicant may request that the Community Development Director or designee extend the CUP on a yearly basis for an additional twenty -four (24) months not to exceed a total of five (5) year. Should the Community Development Director or designee receive any legitimate and justifiable concerns or complaints from the public regarding impacts associated from the operation of the use which can not be resolved or the applicant fails to address and resolve, the Community Development Director shall have the ability commence proceedings to recommend to the Planning Commission the revocation of the CUP is a similar fashion and process as originally considered. The Community Development Director shall also initiate revocation proceedings of the CUP if or when plans are submitted to the City proposing residential development for the project site at issuance of building permit for any of the models for the Specific Plan. Operation of the Motocross will be ceased at the discretion of the Community Development Director or designee. 3. The applicant shall demonstrate full compliance with all Conditions of Approval and Staffing recommendations as stated on Conditions of Approval No. 6 within 30 days of Planning Commission approval. Failure to comply with Conditions and recommendations shall cause facility to be closed until it is determined by the Community Development Director or designee full compliance has been met. 4. The applicant shall be required to conduct Noise Studies (noise readings) every -6-- months annually (or sooner if it is determined necessary by the Community Development Director) to monitor sound levels emanated from the facility. The applicant shall deposit with the City an amount equal to the cost of such study plus administrative charges. 5. The applicant shall be required to conduct Air Quality Studies eves annually (or sooner if it is determined necessary by the Community Development Director) to monitor dust levels emanated from the facility. The applicant shall deposit with the City an amount equal to the cost of such study plus administrative charges 6. Operation of the facility shall require staffing levels as follows: It has been determined that in order to guarantee safety and, regulate capacities at the facility and each track, the following number of employees per tract will be required (total 26 employees) (These employees will be required to wear uniforms identifying them as facility employees, e.g., yellow vests or shirts with the wording "Staff"): a. BMX Track — 1 attendant to regulate access to track and 1 flag person in track (2 total); b. Vintage Track — 1 attendant to regulate access to track and 2 flag persons in rack (3 PC April 20, 2010 Item No. 3 Page 20 of 35 j I - CONDITivNS OF APPROVAL FOR CUP NO. 2001-05 LAKE ELSINORE MOTOCROSS FACILITY INTERIM MOTOCROSS FACILITY total); c. 60 to 80 Track - 1 attendant to regulate access to track and 2 flag persons in track (3 total); d. Pee Wee Track - 1 attendant to regulate access to track and 1 flag person in track (2 total); e. Main Track - 1 attendant to regulate access to track and 3 flag persons in track (4 total); f. Professional Practice - 1 attendant to regulate access to track and 1 flag person in track (2 total); g. Professional Super - 1 attendant to regulate access to track and 1 flag person in track (2 total). h. In addition, 1 site manager, 2 parking attendants, 2 EMT, 1 water truck operator, 1 grader /track repairer, and 1 general site security person (8 total). 7. It will be necessary to relocate the pay booth to °'riser- to the site's entranee and wi el k r r r ru Y' a +rov�n. cc i t L n an elevation of 1,267 msl or above. An additional security booth will be required on the tower area. 8. The applicant shall post a cash bond in the amount of $5,000 to guarantee proper removal of structures, artifacts, and equipment utilized at the site. 9. The applicant shall post a cash bond in the amount of $20,000 ,$15,000, to guarantee proper V reversal of all grading at the site. Upon termination of use, all jumps, ramps, and grading shall be flatted to reflect original condition. 10. The applicant shall post a cash bond in the amount of $20,000. to guarantee removal of potentially contaminated soil. 11. 12. Identify if vending machines or structures are included in the snack area. If structures are present, snack area cannot be allowed because no structures are allowed below the floodplain. 13. The applicant shall be required to prepare a detailed site plan for the 60'X 200' pad area for / the office and storage that will be required to provide temporary landscaping and parking facilities subject to the approval of the City's Landscape Architect and the Community Development Director. A fee for the review and approval of the landscaping plan shall be required. The pad area will be allowed to have a temporary trailer in compliance with FEMA requirements. The 10'X20' office trailer used for general administration shall be aesthetically enhanced to include landscaping. Public restroom shall be provided. 14. Temporary restroom facilities shall be provided at strategic locations adequate to support ultimate visitor capacity. The Applicant shall furnish the City a copy of a contract or written proof that these facilities shall be provided prior to continuation of use. PC April 20, 2010 Item No. 3 Page 21 of 35 I � CONDITWNS OF APPROVAL FOR CUP NO.2001 -05 LAKE ELSINORE MOTOCROSS FACILITY INTERIM MOTOCROSS FACILITY 15. All motorcycle fueling shall be concentrated in one area (e.g., parking lot) to regulate and minimise soil contamination. A cash bond will be required to guarantee soil remediation. If necessary, the bond will be used to remediate contaminated soil. ( See Condition No. 10). 16. The project shall be allowed to operate based on Exhibit B "Detailed Operating Characteristics" and based on additional recommendations outlined on Condition of Approval No. 6 submitted by the applicant with the exception of night operations. Operations shall be limited to 9:00 AM to dusk.. 17. For Major Special Events, the applicant shall be required to comply with Section 5.73 (Special Events) of the Lake Elsinore Municipal Code. Night Operations for major special events may be allowed by the Community Services & Development Directors and subject to additional Conditions of Approval. 18. The proposed temporary /interim motocross training and racing facility shall be subject to the Mitigation Monitoring Program in Mitigated Negative Declaration (MND) No. 2002 -02. 19. Prior to the commencement of operations, the applicant shall submit all binders of Liability Insurance naming the City of Lake Elsinore as additional insured, to be approved by the City's Risk Management Director (Administrative Services Director) and Community Development Director or designee. Minimum Liability Insurance shall be for $2,000,000.00. 20: Applicant is to meet all applicable City Codes and Ordinances including American Disability Act requirements prior to commencement of operations. 21. All site improvements shall be constructed as indicated on the approved site plan (Exhibit "A ") unless modified by Planning Commission action. Revisions to approved plans shall be subject to the discretion of the Community Development Director or designee. 22. Prior to commencement of operations, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 23. All uses and /or activities not specifically permitted by this permit shall be prohibited. EMERGENCY SERVICES 24. It will be required to contract with a private ambulance service during weekend operations. In addition, 2 EMT personnel will be required during the week. Modifications shall be subject to the review and approval by the Fire Chief and the Community Development Director. 25. The entrance access road (from Cereal Road to entrance) shall be clearly defined and improved to support emergency vehicles a minimum of 60,000 lbs over two axles. The road surface shall be all weather surface and non - erode -able. In addition, a secondary emergency only vehicle access road shall be improved with similar construction. Currently, shown emergency access road encroaches on a separate parcel letter of permission shall be required. PC April 20, 2010 Item No. 3 Page 22 of 35 I ) 1 CONDITWNS OF APPROVAL FOR CUP NO. 2001-05 LAgE ELSINORE MOTOCROSS FACILITY INTERIM MOTOCROSS FACILITY An access agreement shall be required from the property owner for the duration of pemnit. ENGINEERING 26. All Public Works requirements shall.be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 27. No improvements shall be made upon all lands below the 1265' ft. elevation level in the Lake Elsinore flood plain, southeasterly of the lake levee and no artificial change in the topography in the surface of said lands shall be made (except terracing and soil conservation measures) LEMC 15.68.052 28. Projects proposed in the back basin that the City or applicant deem non - jurisdictional shall receive a written non - jurisdictional confirmation from the Corps of Engineers prior to any commencement of work along with a review of how the project complies with the special conditions to Permit No. 88- 00215- 00 -RRS (Lake Elsinore Management Project) 29. Meet all requirements of LEMC 15.68 of the Municipal Code regarding flood plain management 30. Meet all requirements of LEMC 15.64 of the Municipal Code regarding flood hazard regulations. 31. The access road shall have a minimum width of 25 ft. 32. The access road and parking lots shall be of compacted crushed aggregate base or provided with a surface and treatment to minimize the dust to be approved by the City Engineer. 33. Applicant to provide FEMA elevation certificates prior to certificate of occupancies for all buildings (including trailers and storage facilities). 34. Grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 35. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System(NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 36. Buildings cannot be constructed and trailers cannot be located below the 1267 foot elevation. 37. A dust control plan and an erosion control plan for storm water runoff needs to be submitted to the City for approval. PC April 20, 2010 Item No. 3 Page 23 of 35 CONDITioNS OF APPROVAL FOR CUP 1-40.2001 -05 LAKE ELSINORE MOTOCROSS FACILITY INTERIM MOTOCROSS FACILITY 38. The erosion control plan needs to be approved by the Santa Ana Regional Water Quality Control Board. 39. A traffic control plan and study needs to be submitted to identify traffic control during events including total cumulative traffic with the existing motocross site. 40. Secondary emergency vehicle access road is not on property site; applicant will need an easement to use this road. 41. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 42. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 43. All trash and debris including used gas tanks shall be appropriately removed and disposed of in an approved waste facility pursuant to the City's Franchise agreement with CRR 44. The applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings, administrations proceedings, regulatory, proceedings, losses, expenses or costs of any kind, whether actual alleged, or threatened , actual attorney fees incurred by the City court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly, or impliedly, in whole or in part to an approval by the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2001 -05 (Lake Elsinore Motocross and BMX Racing and Training Tract) and /or Mitigated Negative Declaration No. 2002 -02. PC April 20, 2010 Item No. 3 Page 24 of 35 LAKE ELsINoRE MOTOCROSS AND BMX FACILITY CONDITIONAL USE PERMIT NO. 2001 -05 MITIGATION MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION N0.2002 -02 Prepared By: CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 Applicant: RANDY HINER LAKE ELSINORE CHAMPIONSHIP MX TRACK 33350 Elizabeth Road Temecula, CA 92592 JUNE 2002 PC April 20, 2010 Item No. 3 Page 25 of 35 MITIGATION MONITORING PROGRAM FOR LAKE ELSINORE MOTOCROSS CITY OF LAKE ELSINORE Effective January 1, 1989, the California Environmental Quality Act was amended to add Section 21081.6, implementing Assembly Bill (AB) 3180. As part of CEQA environmental review procedures, AB 3180 requires a public agency to adopt a monitoring and reporting program for assessing and ensuring efficiency of any required mitigation measures applied to proposed developments. As stated in Section 21081.6 of the Public Resources Code: "...the public agency shall adopt a reporting or monitoring program for the changes to the project which it has adopted, or made a condition or project approval, in order to mitigate or avoid significant affects on the environment." Section 21081.6 of CEQA provides general guidelines for implementing monitoring and reporting programs. Specific reporting and/or monitoring requirements, to be enforced during project implementation, shall be defined prior to final approval of the project proposal by the responsible decision maker(s). Section 21081.6 requires the proposed Mitigation Monitoring Program to be submitted for consideration prior to completion of the environmental review process to enable the decision maker's appropriate response to proposals. The Mitigation Monitoring Program is provided as part of the Mitigated Negative Declaration for the Lake Elsinore Motocross and BMX Facility, pursuant to Section 15074 of the CEQA Guidelines. The Mitigated Negative Declaration is prepared to evaluate environmental impacts resulting from development of the proposed Lake Elsinore Motocross Facility. Mitigation measures included in this Mitigation Monitoring Program are listed and categorized by impact topic, with an accompanying discussion of: ❑ The party responsible for implementation of mitigation measure ❑ The phase of the project during which the measure should be monitored. ❑ The method of verifying compliance with mitigation measure. ❑ The agency responsible for monitoring compliance with mitigation measure PC April 20, 2010 Item No. 3 Page 26 of 35 AIR QUALITY 1. Throughout operations of the Motocross facility, the applicant shall ensure that the exposed dirt areas are watered a minimum of four to five times daily. ❑ Responsible for Implementation: Applicant ❑ Monitoring Phase: ❑ Method of Monitoring: ❑ Monitoring Agency: Throughout project operations Site inspections City Planning Division HYDROLOGY AND WATER QUALITY 2. Prior to issuance of grading permit, the applicant shall acquire a Notice of Intent from the Santa Ana Regional Water Quality Board, in accordance with the City's National Pollutant Discharge Elimination System ( NPDES) permit and comply with appropriate NPDES and Best Management Practices regulations. ❑ Responsible for Implementation: Applicant ❑ Monitoring Phase: Prior to issuance of grading permit ❑ Method of Monitoring: Applicant provide proof of documentation ❑ Monitoring Agency: City Engineering Division PUBLIC SERVICES 3. Prior to issuance of final occupancy, the applicant shall comply with the following: • Dedicate a minimum 16 -foot access road adjacent to the existing road. Said road shall be designed to support a minimum of 60,000 lbs. over 2 axles, all weather surface and non - erodeble. This shall include the "pit area". • Provide a minimum of two parking attendants on weekends and holidays to direct traffic to the parking area. Parking areas shall maintain a minimum 20 feet unobstructed width and have a sufficient turning radius at each end to accommodate fire apparatus. • Ensure that gates are a minimum of 18 feet and can accommodate fire apparatus traveling in either direction. • Provide a BLS ambulance and assigned EMT's throughout hours of operation. Additional requirements may be established for special events. • Separate all vehicle fueling and maintenance areas from public assembly or spectator areas by a minimum of 50 feet. PC April 20, 2010 Item No. 3 Page 27 of 35 • Post "No Smoking" signs around all areas that contain stored and/orwhere dispensing flammable or combustible fuels or solvents are used. • Provide a minimum 20 BC rated fire extinguisher in those areas with a maximum travel distance no greater than 50 feet. • Ensure that all flammable and combustible liquid storage and dispensing shall be in accordance with Article 79 of the Uniform Fire Code and California Fire Code. Said storage shall be in approved containers with appropriate labeling. ❑ Responsible for Implementation: Applicant ❑ Monitoring Phase: Prior to issuance of final occupancy ❑ Method of Monitoring: Site inspections to ensure compliance ❑ Monitoring Agency: City Engineering and Planning Divisions TRANSPORTATION AND TRAFFIC 4. Prior to issuance of final occupancy, the applicant shall prepare a Traffic Control Plan. Said plan shall, at a minimum, describe those traffic control measures and methods required to ensure congestion will not occur on connecting roadways, staffing requirements, . parking plans, and any other measures to ensure congestion is controlled. ❑ Responsible for Implementation: Applicant ❑ Monitoring Phase: Prior to issuance of final occupancy • Method of Monitoring: Applicant submit Traffic Control Plan. City Engineer review and accept said plan • Monitoring Agency: City Engineering Division PC April 20, 2010 Item No. 3 Page 28 of 35 July 27, 2001 Mr. Armando Villa City of Lake Elsinore 130 S. Main St. Lake Elsinore, Ca. 92530 Phaiwi Ad Lake E dao4 CA, )2ijO Lake 33'50 .C.A.9'_iRd Mailing Address: 3. Cal f..i, 0b Rd T2ni¢u:a, CalifoMia 9'iJ, FILE COPY RE: Conditional Use Permit No. 2001 -05 Application (Formerly CUP No. 96 -8) Project Description: The proposed project involves operation of a commercial Motocross and BMX Practice and Racing facility. The BMX Facility includes a single track approximately 7.25 acres in size. The Motocross Facility includes the remaining areas of the subject site approximately 60 acres and it includes a Pee Wee Track, Vintage Tract 60 -RO Traek, Main Track and a Professional Supercross Training and Practice Track. Operating Characteristics are as follows: t u► Track Size /Area: 7.25 acres Hours/Days of operation: From 9 am to Dusk, Monday thru Sunday Maximum number of bike on track at one time is: 15 Number of employees supervising operation is: 2 Operation Characteristics: The BMX Track operation consists of pedal driven bicycles running are speeds of 10 MPH around a track which is approximately 750 feet long. The operation involves practice for races. The level of risk involved is minimal. Riders must show the ability to ride before they can be allowed to participate. Riders are required to provide and wear safety gear which includes helmet, shin guards, elbow guards and shoes. Pee Wec Track: Track Size /Area: 1.50 acres Hours/Days of operation: From 9 am to Dusk, Monday thru Sunday Maximum Number of bikes on track atone time: 10 Number of employees supervising operation: 1 General Manager, 1 EMT and 1 Flagger Operational Characteristics: The Pee Wee track operation consists of 50cc motorcycles running at speeds of 10 -15 MPH around a track which is approximately 600 feet long. The operation involves practice. The level of risk involved is minimal. Riders must show the ability to ride before they can be allowed to participate: Riders are required to provide and wear safety PC April 20, 2010 Item No. 3 Page 29 of 35 gear which includes helmet, boots, pants, jersey, gloves, chest protector, goggles, knee pads and elbow pads. Vintage Track: Track Size/Area: 7.50 acres Hours/Days of operation: 9 am to Dusk Monday thru Sunday Maximum Number of bikes on track at one time: 35 Number of employees supervising operation: 1 general manager, 1 Emt and 3 Flaggers Operational Characteristics: The Vintage Track operation consists of 125 cc /250cc motorcycles running at speeds of 25 -30 MPH around a track which is approximately 3000 feet long. The operation involves practice. The level of risk involved is medium. Riders must show the ability to ride before they can be allowed to participate. Riders are required to provide and wear safety gear which includes helmet, boots, pants, jersey, gloves, chest protector, goggles, kidney belt, knee pads and elbow pads. 60-80 Track: Track Size /Area: 3.25 acres Hours/Days of operation: From 9 am to Dusk, Monday thru Sunday Maximum Number of bikes on track at one time: 15 Number of employees supervising operation: 1 general manager, 1 Emt, 1 flagger Operational Characteristics: The 60 -80 Track operation consists of 60 cc /80 motorcycles running at speeds of 15 -20 MPH around a track which is approximately 1250 feet long_ The operation involves practice. The level of risk involved is minimal. Riders must show the ability to ride before they can be allowed to participate. Riders are required to provide and wear safety gear which includes helmet, boots, pants, jersey, gloves, chest protector, goggles, kidney belt, knee pads and elbow pads. Main Track: Track Size /Area: 15.75 acres Hours/Days of operation: From 9 am to Dusk, Monday thru Sunday Maximum Number of bikes on track at one time: 45 Number of employees supervising operation: 1 general manager, 1 Emt, 4 flaggers Operational Characteristics: The Main Track operation consists of 125 cc /250 cc motorcycles running at speeds of 25 -30 MPH around a track which is approximately 6000 feet long. The operation involves practice. The level of risk involved is medium. Riders must show the ability to ride before they can be allowed to participate. Riders are required to provide and wear safety gear which includes helmet, boots, pants, jersey, gloves, chest protector, goggles, kidney belt, knee pads and elbow pads. Professional Start Practice Track: Track Size /Area: 4 acres Hours/Days of operation: From 9 am to Dusk, approximately 10 times a year Maximum Number of bikes on track at one time: 15 PC April 20, 2010 Item No. 3 Page 30 of 35 Number of employees supervising operation: 1 general manager, 2 Emt, 6 flaggers Operational Characteristics: The Prof. Start Practice Track operation consists of 60 cc thru 250 cc motorcycles running at speeds of 15 -35 MPH around a track which is approximately 1600 feet long. The operation involves racers, e.g. to win/race. The level of risk involved is medium. Riders must show the ability to ride before they can be allowed to participate. Riders are required to provide and wear safety gear which includes helmet, boots, pants, jersey, gloves, chest protector, goggles, kidney belt, knee pads and elbow pads. Professional Supgreross Training Track: Track Size /Area: 3.25 acres Hours/Days of operation: From 9 am to Dusk, Monday thru Friday from Oct thru Feb Maximum Number of bikes on track at one time: 8 Number of employees supervising operation: 1 general manager, 1 Emt and 4 flaggers Operational Characteristics: The Professional Supercross Training Track operation consists of 125 cc /250 cc motorcycles running at speeds of 20 -30 MPH around a track which is approximately 1300 feet long. The operation involves practice. The level of risk involved is medium. Racers must be a licensed AMA professional before they can be allowed to participate. Racers are required to provide and wear safety gear which includes helmet, boots, pants, jersey, gloves, chest protector, goggles, kidney belt, knee pads and elbow pads. The entire facility will be managed by 3 managers. A total of 3 employees will be supervising operations on a daily basis. Besides administrative functions, the tracks will require maintenance which involve the following: Equipment Used: John Deere L90 5 yard loader,Cat D4 Dozer with 5 tooth ripper bar and slope board, John Deere 3 10L Skip Loader with 6 tooth ripper /gannon, (2) Ford Sterling 32,000 GV W single axle water trucks with 2,000 gallon water capacity, Water Storage Tank with 10,000 gallon water capacity with drop feed for water trucks, 45KW generator, 500 gallon diesel fuel tank. Track Repair: On Monday and Tuesday of each week we do major repairs for the upcoming weeks riding. Utilizing the above equipment, we have 3 experienced tractor operators and 2 experienced water truck drivers with the workday starting at 5AM and ending at 5PM. During this time we go over all the tracks and reface all the jumps to insure the integrity of the faces and slopes. In addition to refacing the jumps we also rip the track open to allow moisture into the soil to help with dust control. To recap, between Monday and Tuesday we use 120 man-hours of labor and lay down 268,000 gallons of water. Track Maintenance: For the days of Wednesday thru Sunday we prepare the tracks for each days riding. Utilizing the above equipment, we have 2 experienced tractor operators and 2 experienced water truck drivers with workday starting at 5AM and ending at 9AM. During this time we fix the jump faces as needed, spot water the tracks for dust control and drag the tracks to keep get rid of the big clumps of dirt for safety purposes. From 9AM until 2PM while the tracks are in operation, we use 2 water trucks for dust control. During this time we cycle water the tracks, while also watering the roads and parking lot. We lay down approximately 112,000 gallons of water during the 9AM to 2PM shift. At 2PM until 4PM we re-rip the tracks which loosens up the dirt on the tracks for better traction and dust control for PC April 20, 2010 Item No. 3 Page 31 of 35 the afternoon crowd. Tbis-npping procedure keeps the dirt from becoming hard packed and therefore slippery and possibly unsafe. While the tracks are being ripped we again soak the tracks with water to help with dust control and traction. From 4PM until closing we continue to cycle water the tracks, while also watering the roads and parking lot. Once the tracks close we begin preparation for the next day between 8PM and 11PM. The night preparation consists of ripping and watering the tracks which allows the moisture to soak into the soil all night to help with the next days dust control and traction. To recap between Wednesday and Sunday we use 205 man-hours of labor and lay down 1,120,000 gallons of water. . Questions from Site Plan 1. Q - How many shifts do you have? A-2 shifts - 5 am to 1 pm and 1 pm to 9 pm Q - How many people per shift? A - First shift (5 am - Ipm) - 2 tractor operators Weekdays 2 water truck drivers I emt 1 general manager 1 front both cashier Second shift (1 pm - 9 pm) 1 tractor operator Weekdays 2 water truck drivers 1 emt 1 general manager 1 front booth cashier On weekends the staff is increased as follows: 2 tractor operators 2 water truck drivers 2 emt's 1 general manager 2 front booth cashiers 10 flaggers 1 pit patrol person Q - Who's ultimately responsible for the facility? A - General manager for day to day operations. Q - Is there a manager on site at all times? A - Yes 2. Q - Provide specifics on equipment used to water, grade, etc.? A - See detailed equipment description from "Project Description ". Q - Do we have qualified grader operators? A - Yes, our operators have experience ranging from 5 to 20 years. PC April 20, 2010 Item No. 3 Page 32 of 35 Q - Is this person also in charge of watering and supervising a track? A - From 5 am - 8 am our main tractor operator is in charge of supervising water truck drivers as to where and when to water the tracks. From 8 am until close the general manager oversees the water truck drivers and supervises the tracks with input from the water truck drivers and emt personnel via walkie talkies. 3. Q - Who supervises that no one brings in alcoholic beverages? A - General Manager Q - Do we have facility security? A - We don't have a dedicated employee, however collectively all employees perform this function. To date we have not had any disturbances of the peace police calls. 4. Q - Organization of parking and parking control people? A - On weekdays people park near the tracks they are riding and with the amount of parking, supervision is not necessary. On weekends, our pit patrol person and general manager insure parking is within chalked area insuring proper emergency lanes. 5. Q - How do you propose dealing with over crowding? A We've added enough parking to adequately handle our crowds so we can handle our weekend capacity. Q - Do you issue passes and keep a log of how many bikes are in the facility? A - Every person entering the park whether a spectator or rider must sign in at the front booth on a waiver supplied by our insurance company. From the signed waivers we determine how any riders and spectators we have. However, from approximately 11:00 am onwards, an outflow of riders and spectators take place offsetting new riders and spectators coming in. 6. Q - Do you have shirts that identify employees as staff? A - Yes, we do have T- shirts identifying employees of the park for the flaggers, manager, front booth and the emt's have one specifically for medical staff. As for the water truck drivers, with the heat we allow them to not wear a shirt for comfortability purposes. Q - Enforcement of park rules? A - Our managers and water truck drivers insure park rules are being adhered to. 8. Q - Visibility of EMT personnel? A - Currently our EMT personnel are wearing shirts identifying themselves with a cross on their back and specifies "EMT". However, we are in the process of changing the color to blue so that they will stand out from the rest of the staff. We also have a medic sign that is posted on the EMT's car. Additionally, the EMT has a walkie talkie and can be reached at any time. PC April 20, 2010 Item No. 3 Page 33 of 35 9. Q - List of park rules? A - There are 5 mph signs posted all through incoming road and park. Also, we have a sign posted at the front booth that states: L.E.M.P. TRACK RULES 1. 5 MPH IN ALL PIT AREA 2. ALL RIDERS MUST WEAR HELMETS 3. NO RIDING DOUBLES, EMT EXEMPT Additionally, we have a sign stating that motorcycles are not to ride outside of park and a "NO SMOKING" sign posted by the fueling area Also, we have enclosed a list of addition park rules. 10. Q - Assessment of costs incurred for emergency services? A - We are in agreement on this issue as our business does not want to be a drain on city services without compensating the City of Lake Elsinore. 11. Q - How do you propose stopping the access to your park via Mission Trail? A - We have stopped this entrance by pushing up a big dirt berm that can't be driven over. 12. Q - How does fueling take place? A - Motorcycles are fueled from a 5 gallon D.O.T. approved fuel container. This container is equipped with a fuel nozzle that goes directly into the motorcycle tank. Q - How do you plan to mitigate contamination of soil? A - Wi)h the use of D.O.T. approved fuel containers with the attached nozzle, it's very hard to overfill the motorcycle tank as the person filling the tank has to hold the container and can see directly into it. 13. Q - Dust control measure? A - Currently we utilize 2 500 gallow water trucks that are in operation from 5 am until 10 pm, 7 days a week. Each water truck can fill and dump approximately 5 truck loads (2500 gallons) of water per hour. Therefore in one day we run approximately 170 truck loads of water or approximately 425,000 gallons and we feel this is adequate to mitigate the dust. 14. Q - Has your well been permitted? A - Yes, a permit was pulled from Riverside County Enviromental Health by L.O_ Lynch, Inc. In addition before we proceeded with drilling the well we received verval approval from the following organizations: Department of Water Resources, Gary Gilbreath (818) 543 -4600 Ext. 222 Regional Water Quality Board, Linda Garcia (909) 782 -4469 Army Corp of Engineers, Robert Smith (213) 452 -3419 Elsinore Valley Municipal Water District, Loren (909) 674 -3146 PC April 20, 2010 Item No. 3 Page 34 of 35 T a Discretion (909) 496 -4880 _ So that, everyone can have a safe & enjoyable riding experience, please observe the following rules. J�."e- 1 5 m.p.h. off track speed limit in all areas. No ridgdurin _g 3. No riding while emergency personal and /or emergency vehicles are on track. 4. Observe the following flags while riding. Yellow flag- Slow down Checkered flag leave track immediately. 5. No ATVs of any kind are allowed inside the park. 6. No riding anywhere other than tracks and pit area. 7. Stay out. of starting gate . area on Track 1. PC April 20, 2010 Item No. 3 Page 35 of 35