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HomeMy WebLinkAboutItem No. 3CITY OF LADE LSIROBJE DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY CITY MANAGER DATE: MAY 18, 2010 SUBJECT: CONSIDERATION OF MODIFICATION, SUSPENSION, AND /OR REVOCATION OF CONDITIONAL USE PERMIT NO. 2001 -05 FOR THE LAKE ELSINORE MOTOCROSS FACILITY 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 Backaround At the request of the Planning Commission, staff prepared a status report and review of the conditions of approval associated with Conditional Use Permit No. 2001 -05 which currently governs the Lake Elsinore Motocross facility. The Commission considered the status report at their April 6, 2010 meeting and voted to continue the matter to their next meeting given that the facility operator, Randy Hiner was not in attendance. On April 20, 2010, the Planning Commission again considered the matter and after lengthy discussion with Mr. Hiner, voted to schedule a public hearing to consider revocation, suspension or modification of the Conditional Use Permit. Proiect 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). PC May 18, 2010 Item No. 3 Page 1 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 2 of 21 Analysis Both Planning and Engineering staff met with the facility operator, Mr. Hiner, and his draftsman Will Buck on April 27, 2010 to discuss the status of each of the Engineering Department conditions of approval. Planning staff met with Mr. Hiner again onsite on April 30, 2010. The outcome of those discussions and the status of the conditions of approval related to the discussions are reflected below. The various conditions that staff believes remain outstanding have been bolded for ease of identification. 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. Therefore, the operator is in compliance with Condition No. 1. 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. The City Attorney has advised against a presumptive conclusion of incompatible use and accompanying automatic revocation absent a public hearing process. Rather, the City Attorney has opined that the continued operation of the Motocross beyond the stated term may be considered as part of the public hearing to evaluate the revocation, suspension or modification of the CUP. The intent of Condition No. 2 is to set forth specific time intervals in which an evaluation of compatibility among neighboring uses will be made in order to PC May 18, 2010 Item No. 3 Page 2 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 3 of 21 avoid negative impacts of the Motocross upon anticipated residential development. Mr. Hiner is requesting that the second part of the above condition be modified whereby he would be allowed to operate the facility until such time that dust and noise impacts on future adjacent residential development cannot be adequately mitigated. Staff recommends that Condition No. 2 be modified to establish periodic review of the CUP. The following revision is proposed: The applicant acknowledges that the uses permitted by the Conditional Use Permit are not consistent with the long -term development goals of the project site and neighboring properties and that the Conditional Use Permit allows for an interim use of the project site so long as such operations are compatible with neighboring uses and are conducted in manner that does not impose significant negative impacts. Consequently, the Conditional Use Permit shall be reviewed periodically, but not less than annually, by the Planning Commission to evaluate the findings set forth in Section 17.168.060 of the Lake Elsinore Municipal Code, including (i) the consistency of the use with the City's General Plan, applicable Specific Plan and Zoning Ordinance, (ii) the compatibility with neighboring uses, and (iii) compliance with the conditions of approval. 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. 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. CUP No. 2001 -05 was brought before the Planning Commission once in December 2002 for revocation. However, the Commission found that all conditions had 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. Moreover, Mr. Hiner is PC May 18, 2010 Item No. 3 Page 3 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 4 of 21 now working to address the current outstanding issues associated with specific conditions of approval. 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. Mr. Hiner 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. Mr. Hiner is now requesting that Condition No. 4 be modified whereby a noise study and an associated cost deposit would only be required at such time that the facility appears to exceed the noise criteria standards approved in association with the previously approved Mitigated Negative Declaration for Conditional Use Permit No. 2001 -05. As indicated above, only a few sporadic noise complaints have been received over the years by the City's Code Enforcement Division. Moreover, none of these complaints resulted in an actual case being opened. Therefore, staff recommends that Condition No. 4 be modified so as to require that the operator provide a noise study and associated cost deposit at such time that the Code Enforcement Division receives ten or more complaints on any given day that the motocross facility is operational and that necessary measures be undertaken based on the results of the study. 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. Mr. Hiner is now requesting that Condition No. 5 be modified whereby a air quality study and an associated cost deposit would only be required at such time that the facility appears to exceed the air quality standards approved in association with the previously approved Mitigated Negative Declaration for Conditional Use Permit No. 2001 -05. PC May 18, 2010 Item No. 3 Page 4 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 1,8, 2010 PAGE 5 of 21 As indicated above, only a few sporadic dust complaints have been received over the years by the City's Code Enforcement Division. Moreover, none of these complaints resulted in an actual case being opened. Staff believes that the operator has continually watered exposed dirt areas onsite a minimum of four to five times daily as required by the project Mitigated Negative Declaration. Therefore, staff recommends that Condition No. 4 be modified so as to require that the operator provide an air quality study and associated cost deposit at such time that the Code Enforcement Division receives ten or more complaints on any given day that the motocross facility is operational and that necessary measures be undertaken based on the results of the study. 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 "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 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); 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). Mr. Hiner 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. Mr. Hiner has continually operated the facility in accord with this agreement up to the present time and it is his contention that no adverse effects or problems have arisen. Therefore, Mr. Hiner is now requesting that Condition of PC May 18, 2010 Item No. 3 Page 5 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 6 of 21 approval No. 6 be modified whereby the necessary level of staffing will be determined daily based on attendance, type and number of tracks operating and associated insurance requirements. As indicated above, Mr. Hiner has been operating the facility on an ongoing basis whereby daily staffing needs are dictated by attendance, type and number of tracks operating and associated insurance requirements. Staff has found no evidence to suggest that this staffing method has resulted in any adverse safety issues onsite. Therefore, staff concurs with the condition modification request. 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. Both the Engineering Division and Mr. Hiner concur that the existing pay booth is not currently located at an elevation at or above 1,267 msl. However, the Engineering Division has now agreed to allow the pay booth to remain at its current location provided that vents are added to opposite sides of the pay booth no more than one foot from the ground so as to allow water to flow through the booth during flood periods. In addition, the Engineering Division has requested that Mr. Hiner apply for an Elevation Certificate for the booth. Both requests have been complied with in the last week. With regard to the additional security booth, Mr. Hiner indicates that he is unclear why the booth was required in the first place. It has never been constructed and security has not been an issue onsite. Therefore, Mr. Hiner requests that the security booth requirement be deleted from Condition No. 7. Staff has found no evidence to suggest that the additional security booth is currently necessary onsite. Therefore, staff concurs with the condition modification request. 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. Mr. Hiner 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. Mr. Hiner indicates that reestablishing the cash bond would be a financial hardship. He is now requesting that Condition No. 8 be modified whereby a written notarized letter would be provided by the property owner indicating agreement to fully achieve the removal of structures, artifacts and equipment utilized at the site at such time that the facility is permanently closed (See Attachment 5). PC May 18, 2010 Item No. 3 Page 6 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 7 of 21 The owner of the subject property is ultimately responsible for removing any structures, artifacts, and equipment utilized at the site. Additionally, the City has traditional code enforcement powers and remedies which are better suited to address any potential nuisance conditions on private property. Therefore, staff concurs with the condition modification request. 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. Mr. Hiner 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. Mr. Hiner indicates that reestablishing the cash bond would be a financial hardship. He is now requesting that Condition No. 9 be modified whereby a written notarized letter would be provided by the property owner indicating agreement to fully reverse onsite grading and restore the site to its original condition at such time that the facility is permanently closed (See Attachment 5). The owner of the subject property is ultimately responsible for removing any jumps and flattening the site. Additionally, the City has traditional code enforcement powers and remedies which are better suited to address any potential nuisance conditions on private property. Therefore, staff concurs with the condition modification request. 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. Mr. Hiner indicates that reestablishing the cash bond would be a financial hardship. He is now requesting that Condition No. 10 be modified whereby a written notarized letter would be provided by the property owner indicating agreement to fully remove contaminated soil at the site at such time that the facility is permanently closed (See Attachment 5). The owner of the subject property is ultimately responsible for removing any contaminated soils. Additionally, the City has traditional code enforcement powers and remedies which are better suited to address any potential public PC May 18, 2010 Item No. 3 Page 7 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 8 of 21 nuisance conditions on private property. Therefore, staff concurs with the condition modification request. Condition No. 11. This condition was deleted by the Planning Commission. Therefore, it is not applicable. 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. Therefore, the operator is in compliance with Condition No. 12. 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. Therefore, the operator is in compliance with Condition No. 13. 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 including one handicap accessible restroom. The applicant indicates that these portable restroom facilities are strategically located throughout the facility on any given day PC May 18, 2010 Item No. 3 Page 8 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 9 of 21 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 was never provided to the City. However, in the last week the applicant has provided a written copy of the service contract to the City. Therefore, the operator is in compliance with Condition of Approval No. 14. 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. Mr. Hiner 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. Riverside County Fire Chief Hendershot has indicated that this would be acceptable provided that either the motorcycle operator or the facility operator provides a 2A10B Fire Extinguisher throughout the fuel dispensing process. Therefore, Mr. Hiner is now requesting that Condition No. 15 be modified to require that all fueling shall take place in the back of a vehicle or trailer rather than on the open ground and that a fire extinguisher be available at all times. If this modification is approved, the requirement will be added to the list of facility rules posted onsite. 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 facility operator indicates that he has operated the facility in compliance with the approved "Detailed Operating Characteristics" on an ongoing basis and will continue to do so in the future. Therefore, the operator is in compliance with Condition No. 16. Mr. Hiner is now asking that the 9:00 AM start time requirement be modified to 8:00 AM given that he has received numerous requests from motorcycle riders over time asking if they can get an earlier start particularly in the summer months when daytime temperatures rise quickly. The Lake Elsinore Municipal Code typically regulates exterior noise levels beginning at 7:00 AM daily. Staff recommends that that the condition be modified to allow the 8:00 start time on a trial basis whereby the Planning Commission can review the issue in six months unless ten or more noise complaints are received in a single day between now and then. PC May 18, 2010 Item No. 3 Page 9 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 10 of 21 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 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. Moreover, the applicant intends to continue to apply for Special Event Permits as necessary in the future. Therefore, the operator is in compliance with Condition No. 17. Condition No. 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. The Mitigation Monitoring Program 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. Staff observed the necessary equipment onsite available to meet this requirement. Moreover, when dust complaints have been received by the City, they have been quickly addressed by the applicant. Therefore, the operator is in compliance with the mitigation measure. Hydrology and Water Quality 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. The facility operator has indicated that a Notice of Intent will be filed and regulations complied with. However, as of the drafting of this report, no evidence of compliance has been provided. PC May 18, 2010 Item No. 3 Page 10 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 11 of 21 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" Mr. Hiner indicates that a 24 -foot wide all weather emergency access road has been constructed adjacent to the existing main entry road running between Cereal Street and the pay booth structure i.e. pit area. Therefore, the operator is in compliance with the mitigation measure. 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. Therefore, the operator is in compliance with this mitigation measure. 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. Therefore, the operator is in compliance with this mitigation measure. 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. The facility operator has indicated that this separation requirement has been maintained on an ongoing basis in the past and will continue in the future. Therefore, the operator is in compliance with this mitigation measure. Post "No Smoking" signs around all areas that contain stored and /or where dispensing flammable or combustible fuels or solvents are used. The facility operator indicates that no flammable or combustible materials are stored onsite. However, he is more than willing to include the no smoking requirement during fuel dispensing as a posted facility rule and oversee its enforcement. The operator is in compliance with this mitigation measure. PC May 18, 2010 Item No. 3 Page 11 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 12 of 21 Provide a minimum 20 BC rated fire extinguishers in those areas with a maximum travel distance no greater than 50 feet. The operator indicates that fire extinguishers have been provided as required on an ongoing basis and will continue to be available. Therefore, the operator is in compliance with this mitigation measure. 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 occurs onsite in association with the existing facility. Therefore, the operator is in compliance with this portion of the condition. See Condition No. 15 above for fuel dispensing discussion. 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. Mr. Hiner submitted a Traffic Control Plan on May 11, 2010. However, upon reviewing the Plan, the Engineering Division has determined that it is insufficient given that it does not depict the necessary location of signage and traffic control personnel in a diagrammatic format. Therefore, the operator is not in compliance with this requirement. In addition, Mr. Hiner is now requesting that this condition be modified so as to delete the requirement for the submittal of a Traffic Study. The Engineering Division concurs that a Traffic Study is not warranted at the current time based on the amount of daily trips currently being generated by the facility. Moreover, the City Engineer supports the requested modification subject to the additional requirement that a Traffic Study may be required in the future at the discretion of the City Engineer. 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 City's Risk Management Director (Administrative Services Director) and Community Development Director or designee. Minimum Liability Insurance shall be for $2,000,000.00. PC May 18, 2010 Item No. 3 Page 12 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 13 of 21 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. Therefore, the operator is in compliance with Condition No. 19. 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. The City Building and Safety Official indicates that accessible parking spaces must be permanently provided onsite. In addition, an accessible path of travel must be provided to the restroom facility as well as the earthen seating berm onsite. Mr. Hiner has commenced discussions with the Building Official on how to construct these improvements and he indicates that the improvements will be fully completed within a thirty day period. Mr. Hiner is requesting the additional time so as to achieve the requirements. 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 seating berm which the applicant confirms was constructed subsequent to the approval of the Conditional Use Permit and a large entry gate sign structure which vehicles drive under that was not approved by either the Planning Division or Building & Safety Division. Mr. Hiner has agreed to undertake the steps necessary to get these improvements approved and permitted. Mr. Hiner indicates that the approvals will be obtained and the improvements completed within thirty days and is asking for the additional time to complete the requirements. 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. Therefore, the operator is in compliance with Condition No. 22. PC May 18, 2010 Item No. 3 Page 13 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 14 of 21 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. Therefore, the operator is in compliance with Condition No. 23. 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 times during motocross practice sessions. Moreover, the Fire Department requires that a transportation ambulance be provided onsite at all times during any and all organized event competitions. The Chief believes that the operator is currently complying with these requirements. Mr. Hiner has found no evidence to suggest that the current level of emergency service personnel onsite has served to compromise safety conditions. Therefore, Mr. Hiner is now requesting that Condition No. 24 be modified to reflect the current agreement with the County Fire Department. Staff concurs with the proposed modification request. 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. The Riverside County Fire Department, currently believes that the dirt entrance road from Cereal Street to the pay booth (i.e. pit areas) has been sufficiently constructed and maintained to support emergency service vehicles to date and must remain so in the future. The Fire Department has also indicated that an all weather secondary emergency access must also be provided on a permanent ongoing basis. Mr. Hiner is currently working on obtaining a permanent access agreement for the secondary access and believes an all weather secondary access can be constructed and operational within a thirty day period. Mr. Hiner is requesting the additional time to achieve the requirement. PC May 18, 2010 Item No. 3 Page 14 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 15 of 21 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 and discussed in the following review of the Conditions of Approval. 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. The Engineering Division has determined that the onsite grading is in conformance with the previously approved Grading Plan for the facility. Therefore, the operator is in compliance with Condition No. 27. 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) Mr. Hiner received a conditional letter of authorization from the Corps. of Engineers dated December 28, 1998; the letter of authorization was valid for a period not to exceed two years (December 28, 2000). The approval expired prior to approval of CUP 2001 -05. The applicant has contacted the Corps. of Engineers to obtain either a new authorization or an extension. However, as of May 11, 2010, the issue remains outstanding. Condition No. 29. Meet all requirements of LEMC 15.68 of the Municipal Code regarding flood plain management. It is not practical for the facility operator to elevate the ticket booth. To minimize the impact of the booth during a flood event, at the request of the City Engineer, Mr. Hiner has installed openings in the ticket booth to allow for water flow through the structure. The Applicant has shown compliance with the grading PC May 18, 2010 Item No. 3 Page 15 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 16 of 21 permit requirements. Therefore the operator is in compliance with this portion of Condition No. 29. The Applicant is working to bring the site into compliance with the Corps of Engineers; as of May 11, 2010, Corps of Engineers compliance is still pending (see COA 28.). Condition No. 30. Meet all requirements of LEMC 15.64 of the Municipal Code regarding flood hazard regulations. The Applicant has corrected the violations of LEMC 15.64 as noted below: 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 — Mr. Hiner has now provided all necessary plans in compliance with this requirement. 2) 2) 15.64.400(6) and (C), structural details have not been provided for the existing ticket booth to include foundation, elevation and flood proofing design element — The ticket booth has now been modified to allow for flow of flood waters in compliance with this requirement. 3) 15.64.400(D), An Elevation Certificate for the ticket booth has been provided by Mr. Hiner in compliance with this requirement. Condition No. 31. The access road shall have a minimum width of 25 ft. The operator 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. As of May 11, 2010, the access road and parking lots are still dirt and not in compliance with this condition. City staff has discussed with the operator the use of chemical treatment (ex. magchloride), paving or crushed aggregate use on the road and parking areas but no final agreement has been reached. Therefore, condition No. 32 remains outstanding. PC May 18, 2010 Item No. 3 Page 16 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 17 of 21 Condition No. 33. Applicant to provide FEMA elevation certificates prior to certificate of occupancies for all buildings (including trailers and storage facilities). As of May, 11, 2010, Mr. Hiner stated he would provide the elevation certificate for the ticket booth. However, the certificate has not yet been received. Therefore, Condition No. 33 remains outstanding. 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 Engineering Division has determined that a Grading Plan has been provided and a permit obtained. Therefore, the operator is in compliance with Condition No. 34. 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. As of May 11, 2010, the operator has filled out the Notice of Intent and provided the City with a copy. The operator must still file the document with the State. In addition, the SWPPP document has still not been provided by the operator as he is trying to obtain a copy. Therefore, the operator is in partial compliance with Condition No. 35. Condition No. 36. Buildings cannot be constructed and trailers cannot be located below the 1267 foot elevation. The City Engineer has allowed the operator to modify the ticket booth to minimize the impacts to flood waters. Therefore, the operator is in compliance with Condition No. 36. Condition No. 37. A dust control plan and an erosion control plan for storm water runoff needs to be submitted the City for approval. The operator has stated that he will submit a dust control plan and erosion control plan as part of his Storm Water Pollution Plan. However, as of May 11, 2010, the plans have not been submitted. Therefore, Condition No. 37 remains outstanding. PC May 18, 2010 Item No. 3 Page 17 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 18 of 21 Condition No. 38. The erosion control plan needs to be approved by the Santa Ana Regional Water Quality Control Board. As of May 11, 2010, the Engineering Division has not received from either Mr. Hiner or the Santa Ana Regional Water Quality Control Board confirmation of approval of the erosion control plan. As the Regional Board no longer reviews erosion control plans, the City will accept a copy of the Wastewater Discharge Identification number letter that will be issued after the Applicant files his Notice of Intent (see COA 35). Therefore, Condition of Approval No. 38 remains outstanding. 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. Mr. Hiner submitted a Traffic Control Plan on May 11, 2010. However, upon reviewing the Plan, the Engineering Division has determined that it is insufficient given that it does not depict the necessary location of signage and traffic control personnel in a diagrammatic format. Therefore, the operator is not in compliance with this requirement. In addition, Mr. Hiner is now requesting that Condition No. 39 be modified so as to delete the requirement for the submittal of a Traffic Study. The Engineering Division concurs that a Traffic Study is not warranted at the current time based on the amount of daily trips currently being generated by the facility. Moreover, the City Engineer supports the requested modification subject to the additional requirement that a Traffic Study may be required in the future at the discretion of the City Engineer. Condition No. 40. Secondary emergency vehicle access road is not on property site; applicant will need an easement to use this road. As of May 11, 2010, the operator continues to work on establishing a permanent emergency access road location with an associated easement. Therefore, Condition No. 40 remains outstanding. 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. Mr. Hiner has provided a draft letter (See Attachment 6) for the adjacent property owner to sign agreeing to accept the drainage. The Engineering Division will accept the letter once it is signed, notarized and the existing onsite drainage flow is verified. PC May 18, 2010 Item No. 3 Page 18 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 19 of 21 Condition No. 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. As of May 11, 2010, the operator has not provided plans in support of the conveyance of onsite drainage to the Engineering Division for review and approval. Therefore, Condition No. 42 remains outstanding. 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 operator has agreed to contract with CR & R for waste removal at the site. Therefore, the operator is in compliance with Condition No. 43. 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. Correspondence On May 12, 2010, staff received correspondence from ARI Lake Elsinore LLC (see Attachment No. 7) which owns property directly adjacent and to the east of the motocross facility. The correspondence indicates that dirt berms created on the motocross property in the past prevented the natural flow of water off ARI's property causing damage. ARI is requesting that necessary language be added to the conditions so as to prevent this from happening in the future. The Engineering Division indicates that Condition of Approval No. 42 adequately addresses this issue as written. Any violation of the condition in the future would be addressed by the Code Enforcement Division. PC May 18, 2010 Item No. 3 Page 19 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 20 of 21 Options The operator of the Lake Elsinore Motocross Facility, Randy Hiner, has undertaken steps to comply with various Conditions of Approval. However, as of the drafting of this staff report, some outstanding issues remain. Based on the above - mentioned information, the Planning Commission possesses grounds to modify, suspend, revoke, or take no action regarding CUP No. 2001 -05. At this time, the Planning Commission may: Continue the Public Hearing for the purpose of reviewing and confirming modified conditions and direct staff to prepare revised conditions modifying the CUP consistent with this report and Commission direction. 2. Continue the Public Hearing and direct staff to prepare a resolution suspending Conditional Use Permit No. 2001 -05 for formal consideration at the next meeting of the Planning Commission. 3. Continue the Public Hearing and direct staff to prepare a resolution revoking Conditional Use Permit No. 2001 -05 for formal consideration at the next meeting of the Planning Commission. 4. Take no action, thereby leaving the existing CUP intact with no changes. Recommendation Staff recommends that the Planning Commission continue the Public Hearing and direct staff to prepare revised conditions modifying the CUP consistent with this report and Commission direction as to the conditions. The revised conditions are to be formally presented to the Commission at the next Planning Commission meeting; and 2. Direct staff to place an item on the Planning Commission's agenda within the next 90 days to review compliance with all CUPS conditions as may be amended. lanner & Prepared By: Matthew C. Harris, Senior P Justin Carlson, Redevelopment Project Analyst 5 _ Approved By: Robert A ' Brady yJ City Manager Attachments: v Lake Elsinore Municipal Code Section 17.168.110 Conditional Use Permits, Suspension and Revocation PC May 18, 2010 Item No. 3 Page 20 of 109 CUP No. 2001 -05 Lake Elsinore Motocross Facility MAY 18, 2010 PAGE 21 of 21 2. Planning Commission Staff Report dated April 6, 2010 3. Adopted Mitigated Negative Declaration for CUP 2001 -05 4. Draft Property Owner Letter In Lieu of Bonds 5. Draft Property Owner Letter for Acceptance of Drainage 6. Correspondence from ARI Lake Elsinore LLC dated May 10, 2010 PC May 18, 2010 Item No. 3 Page 21 of 109 LAKE ELSINORE MUNICIPAL CODE Chapter 17.168 CONDITIONAL USE PERMITS Sections: 17.168.010 Purpose. 17.168.020 Application. 17.168.030 Fees. 17.168.040 Public hearing. 17.168.050 Action of the Planning Commission. 17.1,68.060 Findings. 17.168.070 Effective date of the use permit. 17.168.080 Lapse of conditional use permit. 17.168.090 Preexisting conditional uses. 17.168.100 Modification of conditional use permit. 17.168.110 Suspension and revocation. 17.168.120 Reapplication. 17.168.130 Use permit to run with the land. 17.168.010 Purpose. The City realizes that certain uses have opera- tional characteristics that, depending upon the location and design of the use, may have the poten- tial to negatively impact adjoining properties, busi- nesses, or residents. Said uses therefore require a more comprehensive review and approval proce- dure, including the ability to condition the project, in order to mitigate any determined impact. In order to achieve this purpose, the Planning Com- mission is empowered to grant and to deny appli- cations for conditional use permits and to impose reasonable conditions upon the granting of condi- tional use permits. [Ord. 772 § 17.74.010, 1986. Code 1987 § 17.74.0101. 17.168.020 Application. Application for a conditional use permit shall be filed with the Planning Department on a form pre- scribed by the Director of Community Develop- ment and shall include, but not be limited to, the following data and maps: A. Name and address of the applicant. B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the use is proposed to be located. This provision shall not apply to a proposed public util- ity right -of -way. C. Address and legal description of the property (assessor's parcel number). 17 -147 17.168.050 D. Statement indicating the proposed use together with any other data pertinent to the con- sideration and granting.of a conditional use permit prescribed in this section including but not limited to hours of operation and number of shifts, number of employees, processes involved and materials used, types and volume of traffic to be generated. E. A list of all owners of property within 300 feet of the exterior boundaries of the subject prop - erty; the list shall be keyed to a map showing the location of these properties. F. Site plans, fully dimensioned, indicating the type and location of all buildings and structures, parking and landscape areas and signs. G. The Director may require additional infor- mation or plans, if necessary, to determine whether a conditional use permit should be granted or denied. The Director may also authorize omission of any plans and drawings required by this action if he finds they are not necessary. [Ord. 772 § 17.74.020, 1986. Code 1987 § 17.74.0201. 17.168.030 Fees. A conditional use permit application shall be accompanied by a fee established by resolution of the City Council to cover the cost of handling the application as prescribed in this section. [Ord. 772 § 17.74.030, 1986. Code 1987 § 17.74.030]. 17.168.040 Public hearing. The Planning Commission shall hold at least one public hearing on each application for a condi- tional use permit. The hearing shall be set and notice given as prescribed in Chapter 17.192 LEMC. At this public hearing, the Commission shall review the applications and drawings submit- ted therewith and shall receive pertinent evidence concerning the proposed use and proposed condi- tions under which it would be operated or main- tained, particularly with respect to the findings prescribed in this section. [Ord. 772 § 17.74.040, 1986. Code 1987 § 17.74.040]. 17.168.050 Action of the Planning Commission. The Commission may grant a conditional use permit as the permit was applied for or in modified form, or the application may be denied. A condi- tional use permit may be granted for a limited time period, and may be granted subject to such condi- PC May 18, 2010 Item No. 3 Page 22 of 109 LAKE ELSINORE MUNICIPAL CODE Of the use permit. Said notice shall be made at least 10 days prior to the actual date of the hearing. At the hearing, the Commission . shall consider evi- dence from all interested parties and after delibera- tion if not satisfied that the regulations, general Provisions, or condition is being complied with, may revoke the conditional use permit or take such action as may be necessary to ensure compliance with the regulations, general provisions or condi- tion. Within five days following the date of a deer lion of the Con tmissioq rey9kipg.a We perR -L the secretary shall transmit to the applicant and City Council written notice of the decision. The deci- sion shall become final 15 days following the date on which the use permit was revoked unless an appeal has been filed. [Ord. 772 § 17.74.110, 1986. Code 1987 § 17.74.1101. 17.168.120 Reapplication. Following the denial of a conditional use permit application or the revocation of a conditional use permit, no application for a conditional use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within one year from the date of denial or revocation of the conditional use permit. [Ord. 772 § 17.74.120, 1986. Code 1987 § 17.74.120]. 17.168.130 Use permit to run with the land. Notwithstanding conditions to the contrary, a conditional use permit granted pursuant to the pro- visions of this section shall run with the land and shall continue to be valid upon a change of owner- ship of the site or structure which was the subject of the conditional use permit application. [Ord. 772 § 17.74.130, 1986. Code 1987 § 17.74.130]. 17 -149 17.172.020 Chapter 17.172 VARIANCES 17. 72.010 Purpose. 17.1 2.020 Application. 17.1 .030 Fee. 17.17 040 Public hearing. 17.172. 50 Action of the Planning Commission. 17.17 Findings. 17.172.0 Effective date of the variance. 17.172.08 Lapse of variance. 17.172.090 Preexisting variance. 17.172.100 odifrcation of variance. 17.172.110 uspension and revocation. 17.172.120 R application. 17.172.130 Va 'ante to run with the land. 17.172.010 Pur ose. The City realiz s that under certain circum- stances an applican while attempting to comply with provisions of th zoning ordinance as strictly interpreted may, becau a of certain physical condi- tions related to the site, itch as size, shape, dimen- sions, topography, or u ique setting, experience practical difficulties an r unnecessary physical hardships which are into sistent with the ordi- nance's intended purpose, is chapter, therefore, is intended to provide a me anism whereby the Planning Commission may ant relief from the applicable provisions of this c de. The ability to grant variances shall not, howe er, extend to use regulations or to public safety re lations because such authority is precluded by o er local ordi- nances or State law. Also, in no ca a shall cost to the applicant of strict or literal com iance with a regulation be the primary reason for ranting of a variance. [Ord. 772 § 17.76.010, 1986. Code 1987 § 17.76.0101. 17.172.020 Application. Application for a variance shall be filed ith the Planning Division on a form prescribed the Director of Community Development and hall include, but not be limited to, the following ata and maps: A. Name and address of the applicant. B. Statement that the applicant is the owner o the authorized agent of the owner of the property PC May 18, 2010 Item No. 3 Page 23 of 109 CITY OF LADE TO: FROM: DATE: LSIROKE 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. Proiect 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 May 18, 2010 Item No. 3 Page 24 of 109 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 2 of 16 • 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 May 18, 2010 Item No. 3 Page 25 of 109 STATUS REPORT AND REVIEW OF CONDITIONS APRIL 6, 2010 PAGE 3of16 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 May 18, 2010 Item No. 3 Page 26 of 109 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 "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 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 May 18, 2010 Item No. 3 Page 27 of 109 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 May 18, 2010 Item No. 3 Page 28 of 109 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. Condition No. 11. 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 May 18, 2010 Item No. 3 Page 29 of 109 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 8 "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 May 18, 2010 Item No. 3 Page 30 of 109 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 temporaryrnterim 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 Qualitv 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 Quality 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 May 18, 2010 Item No. 3 Page 31 of 109 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 May 18, 2010 Item No. 3 Page 32 of 109 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 May 18, 2010 Item No. 3 Page 33 of 109 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 May 18, 2010 Item No. 3 Page 34 of 109 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 May 18, 2010 Item No. 3 Page 35 of 109 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 May 18, 2010 Item No. 3 Page 36 of 109 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 May 18, 2010 Item No. 3 Page 37 of 109 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 harm less 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 May 18, 2010 Item No. 3 Page 38 of 109 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 May 18, 2010 Item No. 3 Page 39 of 109 , CONDITi.3NS OF "PROVAL, FOR CUP r 0.2001 -05 LAKE ELSINORE M`OCROSS FACILITY INTERIM MOTOCROSS FACILITY RLANNING DIVISION 1`+wWJ/ICQIIl YcsrirQ� wwlKd {,., P�puAg i- �±�//RlJlOR. , means deleted verbiage by Plan' -Cot mission) I. Conditional Use Permit No. 2001-05-will lapse and be.void unless the use continues intended witbin one (1) year of Planning Commission approval as 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 g Develop ment Director or designee extend the twenty -four .CUP on a yearly basis For an additional (24) months not to exceed a total of five (5) year. Should the Community Development Director or I 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 66 y 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 J an amount equal to the cost of such study plus administrative charges. 5. The applicant shall be required to conduct Air Quality Studies sooner if it is determined necessary by the Community Develo ev e y Dime the tnnual# (or 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 track (3 PC May 18, 2010 Item No. 3 Page 41 of 109 t a ,.-) CONDITIONS OF APPROVAL FOR CUP No. 2001-o5 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. Miin 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 elaser- to at the Si Ws clasr -arn - l -_a -- log u- f msl or above. An additional security booth will be required on the tower areavadon of 1,267 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 j 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 resttoom 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 May 18, 2010 Item No, 3 Page 42 of 109 t f CONDITWNS OF APPROVAL FOR CUP 110.2001 -05 LA gE ELSINORE MOTOCROSS FACILITY INTERIM MOTOCROSS FACILITY 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). 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 Municipat 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 sir jest 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 peunission shall be required. PC May 18, 2010 Item No. 3 Page 43 of 109 I ) I 1 CONDITIONS OF APPROVAL FOR CUP NO.2001 -05 LA %E ELSINORE MOTOCROSS FACILITY INTERIM MOTOCROSS FACILITY An access agreement shall be required from the property owner for the duration of permit. ENGINEERING 26. All Public Works requirements shall, be complied with as a condition of development as specified in the Lake Elsinore Municial Code (LEMC) prior to issuance of building pest 27. No improvements shall be made upon all lands below the 1265' & 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 May 18, 2010 Item No. 3 Page 44 of 109 t CONDITI�JNS OF APPROVAL FOR CUP 1Q0. 2001 -05 LASE 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 CRK 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 May 18, 2010 Item No. 3 Page 45 of 109 CORYDOW J i • n T �A 4 i • � ix 3i 1 t� i � � K L fco, a v Ipl ? - w ➢tip �l /� r z L L� 0 Za ��• � g m F-1 LAKE ELSINORE M010 -CROSS BMLDP.RA%D DEVELOPER COMWLTAMS Lnr t4oREI -CO 18, 2010 It v� A 213 -vu,* Pa9 t t1 No. 3 A 109 LADE ELSINORE MOTOCROSS AND BMX FACILITY CONDITIONAL USE PERMIT NO. 2001 -05 MITIGATION MONITORING PROGRAM FOR MITIGATED NEGATIVE DECLARATION No. 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 May 18, 2010 Item No. 3 Page 47 of 109 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 efficiencyof 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 Dedaration 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 May 18, 2010 Item No. 3 Page 48 of 109 AIR OUALI'TY I. Throughout operations of the Motocross facility, the appli cant shall ensure that the exposeddirt 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 May 18, 2010 Item No. 3 Page 49 of 109 Post "No Smoking" signs around all areas that contain stored and/or where 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 f ammable 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 May 18, 2010 Item No. 3 Page 50 of 109 1 Pnysni .�r�: 3 i 9; 9 Cereel Oren � „ � V4 Esnare.CA 9.330 1� )tai4AtlJress: 3i3c0 EfiapRh Rd ICL Temwvla, CaGfonaa o=in_ July 27, 2001 Mr. Armando Villa FILE E COPY City of Lake Elsinore 130 S. Main St. Lake Elsinore, Ca 92530 Conditional Use PerWit No. 2001-05 Application (Formerly CUP No. 96-8) Project De_ sere: 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 PeeWrack, Vintage Tract 60_ &0 T ck, Main Track and a Professional Super_ cross Training and Practice Track. Operating Characteristics are as follows: $lWX Track- 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 Wee 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: I General Manager, I EMT and I Flagger Operational Characteristics: The Pee Wee track operation consists of 50ce 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 s to ride before they can be allowed to participate how the ability : Riders are required to provide and wear safety PC May 18, 2010 Item No. 3 Page 51 of 109 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, I Emt and 3 Flaggers Operational Characteristics : The Vintage Track operation consists of 125 cc1250ce 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: I 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 May 18, 2010 Item No. 3 Page 52 of 109 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 upffcross Training Track Track Size /Area: 3.25 acres Hours/Days of operation: From 9 am to Dusk, Monday thin Friday from Oct th m 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 Ml H 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 funetions, the tracks will require maintenance which involve the following: Equipment Used- John Deere L90 5 yard Ioader,Cat D4 Dozer with 5 tooth ripper bar and slope board, John Deere 31 OLE Skip Loader with 6 tooth ripper /gannon, (2) Ford Sterling 32,000 GVW 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 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 in 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 May 18, 2010 Item No. 3 Page 53 of 109 the afternoon crowd. This ripping 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 clos ing 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. -Questiozis from Site Plan Q - How many shifts do you have? A - 2 shifts - 5 am to 1 pm and 1pm to 9 pm Q - How many people per shift? A - First shift (5 am - I pm) - 2 tractor operators Weekdays_ 2 water truck drivers 1 emt I general manager I front both cashier Second shift (I pm - 9 pm) f 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 I 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, 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 May 18, 2010 Item No. 3 Page 54 of 109 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 overseas.the water truck drivers and supervises the tracks with input from the water truck drivers and emt personnel via walkie tallies. 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. 7. 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 May 18, 2010 Item No. 3 Page 55 of 109 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 prr 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 - With 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 May 18, 2010 Item No. 3 Page 56 of 109 9:00 a.m- to 'Dusk %Managers Discretion -TI, r rid ca k -3585 45,44 (9091496-4880 So that_ everyone can have a safe . fe & enjoyable riding experience, Please observe the following rules. 5 m.p.h. Off track speed limit. in all areas. No riding (hi-pi-nis f"nn.l 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 May 18, 2010 Item No. 3 Page 57 of 109 LAKE ELSINORE MPOTO,CROSS- AND BMX FACILITY CONDITIONAL USE PERMIT NO. 2001 -05 INITIAL STUDY 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 May 18, 2010 Item No. 3 Page 58 of 109 I. INTRODUCTION A. PURPOSE This document is an Initial Study for evaluation of environmental impacts resulting from the continued operations of the Lake Elsinore Motocross facility within an approximate 93 -acre area located north of Cereal Street, west of Mission Trail at Corydon Street, and adjacent to the existing Skylark Airport. B. CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUIREMENTS As defined by Section 15063 of the State California Environmental Quality Act (CEQA) Guidelines, an Initial Study is prepared primarily to provide the Lead Agency with information to use as the basis for determining whether an Envronmental Impact Report (EIR), Negative Declaration, or Mitigated Negative Declaration would be appropriate for providing the necessary environmental documentation and clearance for any proposed project. According to Section 15065, an EIR is deemed appropriate for a particular proposal if the following conditions occur: • The proposal has the potential to substantially degrade quality of the environment. • The proposal has the potential to achieve short-term environmental goals to the disadvantage of longterm environmental goals. • The proposal has possible environmental effects that are individually limited but cumulatively considerable. • The proposal could cause direct or indirect adverse effects on human beings According to Section 15070(a), a Negative Declaration is deemed appropriate if the proposal would not result in any significant effect on the environment. According to Section 15070(b), a Mitigated Negative Declaration is deemed appropriate if it is determined that though a proposal could result in a significant effect, mitigation measures are available to reduce these significant effects to insignificant levels. This Initial Study has determined that the proposed project will result in potentially significant environmental impacts and therefore, a Mitigated Negative Declaration is deemed as the appropriate document to provide necessary environmental evaluations and clearance, and recommend mitigation measures required to reduce any potentially significant impact to a level of insignificance. This Initial Study and Mitigation Negative Declaration are prepared in conformance with the California Environmental Quality Act of 1970, as amended (public Resources Code, Section 21000 et. seq.); Section 15070 of the State Guidelines for Implementation of the California Environmental Quality Act of 1970, as amended (California Code of Regulations, Tide 14, Chapter 3, Section 15000, et. seq.); applicable requirements of the City of Lake Elsinore; and the regulations, requirements, and procedures of any other responsible public agency or an agency with jurisdiction by law. The City of Lake Elsinore City Council is designated the Lead Agency, in accordance with Section 15050 of the CEQA Guidelines. The Lead Agency is the public agency which has the principal responsibility for carrying out or approving a project which may have significant effects upon the environment. C. INTENDED USES OF INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION This Initial Study and Mitigated Negative Declaration are informational documents which are intended to PC May 18, 2010 Item No. 3 Page 59 of 109 inform City of Lake Elsinore decisionmakers, other responsible or interested agencies, and the general Public of potential environmental effects of the proposed application. The environmental review process has been established to enable public agencies to evaluate environmental consequences and to examine and implement methods of eliminating or reducing any potentially adverse impacts. While CEQA requires that consideration be given to avoiding environmental damage, the Lead Agency and other responsible public agencies must balance adverse environmental effects against other public objectives, including economic and social goals. - The City of Lake Elsinore Planning Commission, as the Lead Agency, has determined that environmental clearance for the proposed project can be provided with a Mitigated Negative Declaration. The Initial Study and Notice of Availability and Intent to Adopt prepared for the Mitigated Negative Declaration will be circulated for a period of 20 days for public and agency review. Comments received on the document will be considered by the Lead Agency before it acts on the proposed project. D. CONTENTS OF INITIAL STUDY This Initial Study is organized to facilitate a basic understanding of the existing setting and environmental implications of the proposed project. L INTRODUCTION presents an introduction to the entire report. This section identifies City of Lake Elsinore contact persons involved in the process, scope of environmental review, environmental procedures, and incorporation by reference documents. II. PROJECT DESCRIPTION describes the proposed project. A description of discretionary approvals and permits required for project implementation is also included. III. ENVIRONMENTAL CHECKLIST FORM contains the City's Environmental Checklist Form. The checklist form presents results of the environmental evaluation for the proposed project and those issue areas that would have either a significant impact, potentially significant impact, or no impact. IV. ENVIRONMENTAL ANALYSIS evaluates each response provided in the environmental checklist form. Each response checked in the checklist form is discussed and supported with sufficient data and analysis.. As appropriate, each response discussion describes and identifies specific impacts anticipated with project implementation. In this section, mitigation measures are also recommended, as appropriate, to reduce adverse impacts to levels of less than significance. V. MANDATORY FINDINGS presents Mandatory Findings of Significance in accordance with Section 15065 of the CEQA Guidelines. VI. PERSONS AND ORGANIZATIONS CONSULTED identifies those persons consulted and involved in preparation of this Initial Study and Mitigated Negative Declaration. VII. REFERENCES lists bibliographical materials used in preparation of this document. E. SCOPE OF ENVIRONMENTAL ANALYSIS For evaluation of environmental impacts, each question from the Environmental Checklist Form is stated and responses are provided according to the analysis undertaken as part of the Initial Study. All responses will take into account the whole action involved, including offsite as well as onsite, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. Project impacts and effects will be evaluated and quantified, when appropriate. To each question, there are four possible responses, including: 1. No Impact: A "No Impact" response is adequately supported if the referenced information sources show that the impact simply does not apply to the proposed project. PC May 18, 2010 Item No. 3 Page 60 of 109 2. Less Than Significant impact: Development associated with project implementation will have the potential to impact the environment. These impacts, however, will be less than the levels of thresholds that. are considered significant and no additional analysis is required. 3. Less Than Significant With Mitigation Incorporated: This applies where incorporation of mitigation measures has reduced an effect-from "Potentially Significant Impact" to a "Less Than Significant Impact" The Lead Agency must describe the mitigation measures and explain how the measures reduce the effect to a less than significant level. 4. Potentially Significant Impact: Future implementation will have impacts that are considered significant and additional analysis and possibly an EIR are required to identify mitigation measures that could reduce these impacts to less than significant levels. Regarding mitigation measures, it is not the intent of this dotttmet[t to "overlap" or restate conditions of approval that are established for the project. Additionally, those other standard requirements and regulations that any development must comply with, that are outside the City's jurisdiction, are also not considered mitigation measures and therefore, will not be identified in this document. F. TIERED DOCUMENTS, INCORPORATION BY REFERENCE, AND TECHNICAL STUDIES Information, findings, and conclusions contained in this document are based on incorporation by reference of tiered documentation, which is discussed in the following section. 1. Tiered Documents As permitted in Section 15152(a) of the CEQA Guidelines, information and discussions from other documents can be included into this document. Tiering is defined as follows: "Tiering refers to using the analysis of general matters contained in a broader EIR (such as the one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project." The following documents will serve as the broader documents: • East Lake Specific Plan Final EIR (certified in 1993): This document analyzed the entire East Lake Specific Plan area, which includes the proposed project site. • Mitigated Negative Declaration 97 -8: This document provided the environmental clearances and evaluations for the existing motocross facility. As discussed, site- specific impacts, which the broader documents cannot adequately address, may occur for certain issue areas. This Initial Study and Mitigated Negative Declaration identify potentially significant impacts and recommend mitigation measures to reduce impacts to levels of insignificance. This document therefore, evaluates each environmental issue alone and will rely upon analysis contained within the East Lake Specific Plan Final EIR and /or Mitigated Negative Declaration 97 -8 with respect to remaining issue areas. Tiering also allows this document to comply with Section 15152(b) of the CEQA Guidelines, which discourages redundant analyses, as follows: "Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including the general plans, zoning changes, and development projects. This approach can eliminate repetitive discussion of the same issues and focus the later EIR or negative declaration on the actual issues ripe for decision at each level of environmental review. Tiering is appropriate when the sequence of analysis is from an EIR prepared for a general plan, policy or PC May 18, 2010 Item No. 3 Page 61 of 109 Program to an EIR or. negative declaration for another a site - specific EIR or negative declaration." plan, policy; tr program of lesser scope, or to Further, Section 15152(d) of the CEQA Guidelines states: "Where an EIR has been prepared and certified for a program, plan, policy, or ordinance consistent with the requirements of this section, any lead agency for a later project pursuant to or consistent with the program, plan, policy, or ordinance should limit the EIR or negative declaration on the later project to effects which: (1) Were not examined as significant effects on the environment in the prior EIR; or (2) Are susceptible to substantial reduction or avoidance by the choice of specific revisions in the project, by the imposition of conditions, or other means." 2. Incorporation By Reference Incorporation by reference is a procedure for reducing the size of EIRs and/or NDs and is most appropriate for including long, descriptive, or technical materials that provide general background information, but do not contribute directly to the specific analysis of the project itself. This procedure is particularly useful when an EIR or Negative Declaration relies on a broadly- dtxfted EIR for its evaluation of cumulative impacts of related projects (Las IrrgenesHomeowners Federation v. County up osAngeles (1986, 177 Ca. 300 from a sup]). If an EIR or Negative Declaration relies on information port ing study that is available to the public, the EIR or Negative Declaration cannot be deemed unsupported by evidence or analysis (San Francisco Ecology Cenrerv. City and County ofSan Francisco [1975, 48 Ca.3d 584, 595D. This document incorporates by reference appropriate discussions from the 1993 East Lake Specific Plan Final EIR and Mitigated Negative Declaration 97- 8. When an EIR or Negative Declaration incorporates a document by reference, the incorporation must comply with Section 15150 of the CEQA Guidelines as follows: • The incorporated document must be available to the public or be a matter of public record (CEQA Guidelines Section 15150[a]). The documents shall be made available, along with this document, at the City of Lake Elsinore, Community Development Department, 130 South Main Street, Lake Elsinore CA 92330, ph. (909) 674 -3124. • This document must be available for inspection by the public at an office of the lead agency (CEQA Guidelines Section 15150[6)). This document is available at the City of Lake Elsinore, Community Development Department, 130 South Main Street, Lake Elsinore CA 92330, ph. (909) 674 -3124. This document must summarize the portion of the document being incorporated by reference or briefly describe information that cannot be summarized. Furthermore, this document must describe the relationship between the incorporated information and the referenced documents (CEQA Guidelines Section 15150[c)). As discussed above, the East Lake EIR addresses the entire Specific Plan area and provides background and inventory information and data which apply to the project site. Mitigated Negative Declaration 97 -8 evaluates the existing motocross facility and operations at the project site. Incorporated information and/or data will be cited in the appropriate sections. • This document must include the State identification number of the incorporated document (CEQA Guidelines Section 15150[d)). The State Clearinghouse Number for the East Lake EIR is 92092027. PC May 18, 2010 Item No. 3 Page 62 of 109 • The material to be incorporated in this document will include general background information (CEQA Guidelines Section 15150[£)). 3. Technical Studies A noise study was prepared for this document, entitled, "Measurement of Noise Levels Generated by the Motocross Facility", prepared by Wieland Associates, in March 12, 2002. The noise study measured noise generated at three locations near the project site. For purposes of this document, the noise study evaluated noise impacts and rendered conclusions and findings for the project currently being proposed. II. PROJECT DESCRIPTION A. PROJECT LOCATION AND SETTING The Lake Elsinore Motocross facility currently operates as an interim use (temporary) within an approximate 93 -acre area located north of Cereal Street, west of Mission Trail at Corydon Street, and adjacent to the existing Skylark Airport, within the Liberty (East Lake) Specific Plan area. Refer to Exhibit 1 which provides a location of the project site. The site is characterized by relatively flat topography and minimal vegetation. B. BACKGROUND The Planning Commission in 1998, approved Conditional Use Permit (CUP) No. 96 -8, to allow the Lake Elsinore Motocross Facility to operate at the project site. The project that was approved in 1998 allowed a pee -wee track, 1/10 mile oval for 250 cc bikes, 60/80 cc track, low speed/balance practice area, circle track, motocross track, sponsor and visitor parking, viewing areas, and picnic areas. The maximum number of bikers per day was 75; scheduled at five races per hour on scheduled event days. The CUP that was approved for the project included a condition which caused the permit to expire three years after the date of the Planning Commission approval. Since the CUP has expired, the applicant is now requesting that another CUP be issued to allow the Lake Elsinore Motocross Facility to continue operations. The CUP request is pursuant to Section VIH.B.9.22. (Conditional Use Permit) of the Final East Lake Specific Plan (Amendment No. 1). C. PROJECT DESCRIPTION Due to success of the facility, the applicant is now proposing to expand the facility and allow additional bikes to operate during normal hours of operation. The following describes the proposed tracks and facilities being proposed and identifies the number of bikes anticipated for each track: • BMX Track: 15 bikes • Pee -Wee Track: 10 bikes • Vintage Track: 35 bikes • 60/80 Track: 15 bikes • Main Track: 45 bikes • Professional Start Practice Track: 15 bikes • Professional Supercross Training Track: 8 bikes Based on the foregoing, it is anticipated that approximately 150 bikes will be operational at any given time on all tracks. This represents an increase of about 100 percent over the previously approved facility. In addition, it is expected that another 150 bikes will be (off the tracks) at the facility. These particular 150 bikes will either be worked on by the operators or will be waiting for their respective turns on the tracks. A total of 300 bikes may be found at the facility at any time. Access to the project site is presently provided by a two -lane road off of Cereal Street. This road will continue to provide access the project site. PC May 18, 2010 Item No. 3 Page 63 of 109 Pursuant to Section VIILB.9.2.2 of the Final East Lake (Liberty) Specific Plan, uses such as the proposed interim (temporary) Motocross facility could be allowed with a CUP. The above provision of the East Lake Specific Plan allows the review of uses which are not specifically listed as outright or conditionally permitted uses. This provision has been interpreted to allow the review and approval of interim- uses with time limits which may operate conditionally while implementation of the Specific Plan occurs. It h believed that a great deal of infrastructure improvements will be necessary. and may delay implementation is of the Specific Plan. The provision above allows the review of unique uses such as the proposed interim motocross facility. III. ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Project Title: Lake Elsinore Motocross Facility 2. Lead Agency Name and Address: City of Lake Elsinore; 130 South Main Street; Lake Elsinore, CA 92530 3. Contact Person and Phone Number: Duane Morita, Senior Planner; (909) 674 -3124 4. Project Location: The Lake Elsinore Motocross facility will continue to operate within an approximate 93 -acre area located north of Cereal Street, west of Mission Trail at Corydon Street, and adjacent to the existing Skylark Airport. 5. Project Sponsor's Name and Address: Ralph Hiner, Lake Elsinore Championship MX Track, 33350 Elizabeth Road, Temecula, CA 92592 6. General Plan Designation: Liberty (East Lake) Specific Plan 7. Zoning: Residential 1, 2, and 3; Open Space 8. Description of Project: The following describes the proposed tracks and facilities being proposed and identifies the number of bikes anticipated for each track: • BMX Track: 15 bikes • Pee -Wee Track: 10 bikes • Vintage Track: 35 bikes • 60/80 Track: 15 bikes • Main Track: 45 bikes • Professional Start Practice Track: 15 bikes • Professional Supercross Training Track: 8 bikes 9. Surrounding Land Uses and Setting: The project site is surrounded by vacant and undeveloped areas. It should be noted, however, that the Liberty Specific Plan proposes future residential and mixed uses around the project site. 10. Other Public Agencies Whose Approval is Required: NA PC May 18, 2010 Item No. 3 Page 64 of 109 B. The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact," as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology / Soils ❑ Hazards & Hazardous ❑ Hydrology / Water Quality ❑ Land Use/ Planning ❑ Mineral Resources ❑ Noise ❑ Population / Housing ❑ Public Services ❑ Recreation ❑ Transportation / Traffic ❑ Utilities / Service Systems ❑ Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. VNI find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. r] I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Q61111� 6�7 [(21� �v Senior Planner Date PC May 18, 2010 Item No. 3 Page 65 of 109 a) Convert Prime Far and Unique Farmland, or Less Than Significant X Potentially With Less Than Issues Significant Mitigation Significant No Im ct Iaco ration Impact Impact a Have a f _r -� substantial adverse ettecc on a scenic a ricultural use? vista? X Substantially damsge scenic resources, including, use, or a Williamson Act contract? but not limited to, trees, rock X outcroppin gs, and historic buildings within a X state scenic hi hwa ? environment which, due to their location or c Su stantially & . a the existing visual nature, could result in conversion of Farmland, character or qutility of the site its X to non -a ricultural use? and surroundin s? X X d) Create a new source of substantial light or glare, iteri estahixshe -,'d b the " X which would adversely affect day or nighttime gwaltt�Y7nadagetnent air polijitioI rcontroldtstrieimaybe� 3 a elied.uooiatonnalrefhe.fnllnn views in the area? �a X r 'cin ttr sgu�es a) Convert Prime Far and Unique Farmland, or Farmland of Statewide Importance (Farmland), X as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of X X the California Resources Agency, to non - a ricultural use? 6 Con ict wit existing zoning or agricultural use, or a Williamson Act contract? X c In, ve other changes in the existing X environment which, due to their location or nature, could result in conversion of Farmland, X to non -a ricultural use? X III t X Q ..gam 1 ere avavti t�'f , the significaneexc iteri estahixshe -,'d b the " X h able air 4. gwaltt�Y7nadagetnent air polijitioI rcontroldtstrieimaybe� 3 a elied.uooiatonnalrefhe.fnllnn app �a a) Conflict with or obstruct implementation of the applicable air qu alit lan? X b Violate any air quality standard or contribute substantially to an existing or projected air X quality violation? C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which X exceed quantitative thresholds for ozone pre cursors )? Cl) Expose sensitive receptors to substantial X oPutant concentrations? e) Create objectionable odors affecting a substantial number of people? X PC May 18, 2010 Item No. 3 Page 66 of 109 a) Expose people or structures to potential substantial adverse effects, including the risk of loss, iniurv. or death involvine: 10 PC May 18, 2010 Item No. 3 Page 67 of 109 Less Than Significant Potentially with Less Than Significant Mitigation Significant No Issues Im act acorpora tion Ini act in pact a Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, X policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or reeggiional Mans, policies, regulations, or by the California % Department of Fish and Game or U.S. Fish and Wildlife Service? c Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act Cmcluding, but not limited to, marsh, vernal coastal, etc.) through X pool, direct removal, filling, hydrological interruption, or other means? d Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or X migratory wildlife corridors, or impede the use of native wildlife nursery sites? e Conflict with any oca policies or ordinances protecting biological resources, such as a tree X reservation policy or ordinance? Contlict with the provisions of an adopted Habitat Conservation Plan, Natural Community X Conservation Plan, or other approved local, re Tonal or state habitat conservation plan? C,x =LI Uli �1I I @b)ES .oxd,tkie , o, "ect:' a Cause a substantial adverse change in the significance of a historical resource as defined X in 15064.5? b Cause a substantial adverse change in the significance of an archaeological resource X pursuant to 5 15064.5? c Directly or indirectly destroy a unique paleontological resource or site or unique X eolo is feature? d) Disturb any human remains, including those X interred outside of formal cemeteries? a) Expose people or structures to potential substantial adverse effects, including the risk of loss, iniurv. or death involvine: 10 PC May 18, 2010 Item No. 3 Page 67 of 109 11 PC May 18, 2010 Item No. 3 Page 68 of 109 Less Than Significant Potentially with Less Than ISSUeS Significant Mitigation Significant Impact Incur oration Impact - No Em i) Rupture of a known earthquake fault, as pact delineated on the most recent Alquist- Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to X Division of Mines and Geology Special Publication 42. ii Stron seismic round shaking) X iii Seismic - related ground failure, including li uefaction? X iv Landslides? X Resu t in su stand so' erosion or t e oss o to c soil? Be located on a geologic unit or soil that is X unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence li uefaction or colla se? X d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or X to ert ? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available X for the disposal of wastewater? fi.'AtZ.-iIR�I�S. _ . a Create a significant hazard to the pub 'c or the environment through the routine transport, use X or dis osal of hazardous materials? b Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the X release of hazardous materials into the environment? c Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or X prop used school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a X result, would it create a significant hazard to the ublic or the environment? e For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the result in a X project safety hazard for people residing or working in the project area? 11 PC May 18, 2010 Item No. 3 Page 68 of 109 S „E' _ Fs'^e3* Less Than a Violate any water quality standards or waste X Significant discharge requirements? - Potentially With Less Than Significant Mitigation Significant No Issues Im act Incorporation Impact - Impact 0 For a project within the vicinity of a private in groundwater table level (e.g., the production airstri , would the project result a safety hazard for people residing or working in the X X project area? a level which would not support existing land uses or planned uses for which permits have Impair implementation of or physically been ranted ? interfere with an adopted emergency response c) Substantially alter the existing drainage pattern of the site or area, including through the X plan or emergency evacuation plan? alteration of the course of a stream or river, in a h E ose people or structures to a significant risk injury death involving fires, X manner which would result in substantial 0f7c ss, or wildland erosion or siltation on- or off -site? including where wildlands are adjacent to d) Substantially alter the existing drainage pattern of the site or area, including through the X urbanized areas or where residences are alteration of the course of a stream or river, or intermixed with wildlands? X substantially increase the rate or amount of S „E' _ Fs'^e3* ^r• KC _ 'Pf't*. .o- t� f"'llx Y,;., a Violate any water quality standards or waste X discharge requirements? Substantiall deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production X rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted ? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a X manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or X substantially increase the rate or amount of surface runoff in a manner, which would result in floodin on- or off -site? e Create or contri ute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide X substantial additional sources of polluted runoff? Otherwise substantially degrade water ualit ? X g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard X Boundary of Flood Insurance Rate Map or other flood hazard delineation ma 2) h) Place within 100 -year flood hazard area structures, which would impede or redirect X flood flows? i) Expose people or structures to a significant risk loss, death involving flooding, of injury or including flooding as a result of the failure of a X levee or dam? Inundation by seiche, tsunami, or mudflow? X IX LA}N"E Alvin?,I ANIING_ °Would the ro'ecp: a Physically divide an established community? I X 12 PC May 18, 2010 Item No. 3 Page 69 of 109 - Issues b) Conflict with any applicable land use plan, policcyy, or regulation of an a ency with �unsdictton over the project (gutcludin , but not ted to the general plan, speck plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? C) Conflict with any applica le abitat conservation plan or natural community cogservidon Ian? Potentially Significant Impact Less Than Significant With Mitigation Incorporation Less Than Significant Impact X No Impact a Result in the loss o availability o a known ,t rye.. . =c'r'' y -.'?;. —t'o +— 5 t� '�c �iTl. •. mineral resource that would be a value to the X re 'on and the residents of the state? X b Resu t in the loss o availability o a locally important mineral resource recovery site delineated on a local general speck X plan, plan or other land use plan? X STS` ">1ctX °eui 1. 77 a Exposure o persons to or generation of noise X levels in excess of standards established in the local general plan or noise ordinance, or X a Mlicable standards of other agencies? b) Exposure or persons to or generation of excessive groundborne vibration or X roundborne noise levels? c A substantial permanent increase in ambient noise levels in the project vicinity above levels X existin without the roject? d) A substanti temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the X roject? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two rmles of a public airport or public use airport, would the project expose X people residing or working in the project area to excessive noise levels? For a project within the vicinity o a private airstrip, would the project expose people residing or'working in the project area to X excessive noise levels? XII.. -Z'OP.,LYLATF0NT AVWIPThT'[Crrrn 7.:r.7 .u_ a Induce subst amia l population growth man area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other X infrastructure ? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X 13 PC May 18, 2010 Item No. 3 Page 70 of 109 a Fire protecti on? Less Than 6 Police protection? Significant X Potentially With Less Than Significant Mitigation Significant No Issues Impact Incorporation Impact hn act a Fire protecti on? X 6 Police protection? X c Schools? X d .Parks? X_ .. _ . . e 'O' of ublic ac 'ties? X' . 'xr�#n'`4"h:N a Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial X physical deterioration of the facility would occur or be accelerated? Does the project include recreational facilities X or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? a Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of X vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b Exceed, either individually or cumulatively, a level of service standard established by the X county congestion management agency for designated roads or hi hwa s? c Result in a change in air traffic patterns, including either an increase in traffic levels or a X change in location that results in substantial safety risks? d Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous X intersections) or incompatible uses (e.g., farm equipment)? e Result in inade uate emergency access? X Result in inade uate parking capacity? X Conflict with adopted policies, plans, or rograms supporting alternative transportation X e..., bus turnouts, bicycle racks)) X I.- :UTI <I ISLES AND SE>Z I E' $'TENISS Woul',d a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control X Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction X of which could cause significant environmental effects? 14 PC May 18, 2010 Item No. 3 Page 71 of 109 Lucy the ro,ect have impacts that are individua 1 limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects, and the effects of Lucs me rolect have environmental effects, which will cause substantial adverse effects on X human beings either directly or indirectly) 15 PC May 18, 2010 Item No. 3 Page 72 of 109 Potentially Significant with Less Than Issues Require or result in the construction of new Significant Im act Mitigation Incor oration Significant Im act No hn a storm water drainage facilities or expansion of existing facilities, the construction of which X could cause si ificant environmental effects? Have sufficient water supplies available to serve the project from existing entitlements and resources or are new or expanded entitlements X needed? Result in a determi atiott by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in X addition to the provider's existing commitments? Be served by a landfill with sufficient permitted capacity to accommodate the project's solid X waste disposal needs? Comply with federal, state, and local statutes and regHlations related to solid waste? X Does the project have the degrade potentia to the quality of the environment, substantially reduce the habitat of a is or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce X the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Lucy the ro,ect have impacts that are individua 1 limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection X with the effects of past projects, the effects of other current projects, and the effects of Lucs me rolect have environmental effects, which will cause substantial adverse effects on X human beings either directly or indirectly) 15 PC May 18, 2010 Item No. 3 Page 72 of 109 IV. ENVIRONMENTAL ANALYSIS This section provides an evaluation of the impact categories and questions contained in the Environmental Checklist. I. AESTHETICS a) Have a substantial adverse effect on a scenic vista? Less Than Significant Impact The proposed project will not result in any significant visual impact to scenic vistas. The project will not block any scenic viewshed. Scenic vistas are not located onsite or nearby. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State Scenic Highway? No impact There are no State Scenic Highways located within the project vicinity. Sensitive scenic resources are not located onsite or within neighboring areas. There is no relevance to this issue. c) Substantially degrade the existing visual character or quality of the site and its surroundings? Less Than Significant Impact The proposed project will not compromise the existing visual character of the vicinity. The proposed project will not result in any significant visual impact to scenic vistas. The project will not block any scenic viewshed. Scenic vistas are not located onsite or nearby. d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? Less Than Significant Impact The City of Lake Elsinore and general project vicinity are characterized by urbanization and development. Accordingly, the project site is already affected by some amount of light and glare. Street lights, vehicle headlights, etc. contribute to the amount of light and glare found in the project vicinity. As with any new development, the proposed project will generate additional amounts of light; however, impacts resulting with the additional light should not create any significant impact since the motocross facility will not be operational at night. The facility will close by dusk. Though neighboring areas will be disturbed somewhat by project light and glare, overall impacts are not considered significant. Since the general area is already urbanized with existing development and light and glare are already generated, it is unlikely the perception of light disturbances will be significantly greater than existing conditions. No significant impacts are anticipated. MITIGATION MEASURES None required. II. AGRICULTURE RESOURCES a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No Impact The project site is not classified as either Prime Farmland, Unique Farmland or Farmland of Statewide Importance by the Farmland Mapping and Monitoring Program of the California Resources Agency. There is no relevance to this issue. 16 PC May 18, 2010 Item No. 3 Page 73 of 109 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact The project site is not under a Williamson Act contract.. No conflicts are known to exist. c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non - agricultural use? No Impact The proposed project will not convert any Farmland to any non - agricultural use. MITIGATION MEASURES None required. III. AIR QUALITY a) Conflict with or obstruct implementation of the applicable air quality plan? Less Than Significant Impact Long -term emissions will result from stationary and mobile sources. Stationary sources include emissions produced from onsite combustion, such as for space and water heating. Given the limited scale of the project, it is not anticipated that these emission levels will be excessive. Mobile emissions will result directly from additional motor vehicle traffic and from the racing vehicles themselves. Given that races will only occur periodically and extensive levels of traffic will not be generated, it is concluded that operational emission levels will not be significant. It should also be noted that the gradual replacement of current air polluting cars with less polluting future cars will further reduce air pollution and emissions throughout the regional air basin, thus, further reducing impacts resulting with the project. The project will not significantly conflict with any air quality plan. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Less Than Significant Im act Likewise, air quality standards will not be violated; the project will not contribute to any air quality violation. The proposed project will not result in any significant adverse air quality impact. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Less Than Significant Impact All of Southern California is within a non - attainment region for certain pollutants. It is concluded, however, that because the proposed project will not create any incremental impact, it will not significantly contribute to the non - attainment status of the region. d) Expose sensitive receptors to substantial pollutant concentrations? Less Than Significant Impact With Mitigation Sensitive receptors are not currently located nearby, though residential and mixed uses are proposed for the area to the future. Significant impacts are not expected. Construction - related impacts are not expected, given that the tracks and improvements are already existing and operational. Site preparation and grading, and construction of the site, improvements and facilities are not required. Operations of the motocross facility, however, will create dust at levels that could disturb existing and future neighboring uses. To ensure that fugitive dust is controlled onsite, the applicant is required to water the exposed din areas a minimum of four to five times daily. 17 PC May 18, 2010 Item No. 3 Page 74 of 109 e) Create objectionable odors affecting a substantial number of people? Less Than Significant Impact The project can potentially create objectionable odors due to oils, solvents, exhaust, etc. Significant impacts, however, are not expected since there are no sensitive receptors located immediately nearby the project site. MITIGATION MEASURES 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_ IV. BIOLOGICAL RESOURCES a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact According to Mitigated Negative Declaration 97 -8 (page 17), three plant communities exist onsite, including saltgrass /ruderal, freshwater marsh, and willow scrub. The project site is not characterized by any candidate, sensitive, or special status species as defined by the U.S. Fish and Wildlife Service or California Department of Fish and Game. The site does not support any wetlands or areas potentially under the jurisdiction of the U.S. Army Corps of Engineers or CDFG. Based on findings contained in the Liberty EIR, it is concluded the project will not result in any significant impact. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact As indicated above, the project site is not characterized by any wetland or riparian habitat There is no relevance to this issue. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact As indicated above, the project site is not characterized by any wetland or riparian habitat There is no relevance to this issue. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact The project site is located within urbanized Lake Elsinore and is not characterized by any wildlife corridor. There is no relevance to this issue. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact The City of Lake Elsinore does not have any local policies or ordinances to protect biological resources of local concern, therefore, the proposed project will not have any adverse impact on locally protected biological resources. 18 PC May 18, 2010 Item No. 3 Page 75 of 109 f) Conflict with the provisions of an adopted Habitat Conservation Plani Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No LT pact There are no known HCPs or NCCPs encompassing the affected site or areas adjacent to the site. There is no relevance to this issue. MITIGATION MEASURES None required. V. CULTURAL RESOURCES a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact According to the Liberty Specific Plan EIR, pages 4 -190 to 4 -194, no significant historical resource is known to exist within the project site. Based on findings contained in the Liberty EIR, it is concluded the project will not result in any significant impact. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? No Impact Likewise, archaeological resources are not known to exist within the project site according to the Liberty Specific Plan EIR. There is no relevance to this issue. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact Likewise, unique paleontological resources are not known to exist within the project site according to the Liberty Specific Plan EIR. There is no relevance to this issue. d) Disturb any human remains, including those interred outside of formal cemeteries? No Impact Likewise, human remains are not known to exist within the project site according to the Liberty Specific Plan. There is no relevance to this issue. MITIGATION MEASURES None required. VI. GEOLOGY AND SOILS a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact According to the Liberty Specific Plan EIR, pages 4 -37 to 4 -53, the project site is not located within any Special Study Zone. Based on findings contained in the Liberty EIR, it is concluded the project will not result in any significant impact. 19 PC May 18, 2010 Item No. 3 Page 76 of 109 ii) Strong seismic ground shaking? Less Than Significant Impact The Liberty Specific Plan EIR shows that the project site is located close to the Wildomar and Willard Faults and another unnamed fault (Section 4.2. Earth Resources; Figure 4.2 -1, Regional Geological Map; page 4-39). Therefore, the project site has been and will continue to be directly affected by seismic activity to some degree. Given that the project site is not within any Special Study Zone, it can be concluded the site will not be affected by ground shaking anymore than any other area in seismically active Southern California. Compliance with standard measures contained in the UBC and City Municipal Code regarding structures and construction ensures that significant impacts will not result. iii) Seismic - related ground failure, including liquefaction? Less Than Significant Impact According to the Liberty Specific Plan EI$, pages 4-37 to 4-5% the project site is characterized by liquefaction, but concludes that "impacts of liquefaction are considered potentially adverse but not significant". iv) Landslides? No Impact The project site is characterized by flat topography and is not subject to any landslide hazard. There is no relevance to this issue. b) Result in substantial soil erosion or the loss of topsoil? Less Than Significant Impact As with any development, soil erosion can result during construction, as grading and construction can loosen surface soils and make soils susceptible to effects of wind and water movement across the surface. Impacts, however, are not considered significant since erosion will be controlled onsite in accordance with City standards and procedures. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? Less Than Significant Impact Regionally, the project site is located within the Peninsular Ranges Physiographic Province. This province consists of a series of northwest - trending mountain ranges and valleys bounded on the north by the San Bernardino and San Gabriel Mountains, on the west by the Los Angeles Basin, and on the south by the Pacific Ocean. Site soils consist of alluvium soil deposits composed of fine- to coarse - grained clayey sand, silty sand with gravel and clay. These soils are low corrosive to ferrous materials and are generally loose to dense. The project will not require extensive site preparation or dirt moving, given that the tracks and improvements already exist and are operational. The project will not result in significant disruption, displacement, or overcrowding of soils. No significant impacts are expected. d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? Less Than Significant Impact Likewise, soils will not create substantial risks to people and /or property. e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? No Impact The project will not be serviced by septic tanks or other alternative wastewater disposal systems. There is no relevance to this issue. MITIGATION MEASURES None required. 20 PC May 18, 2010 Item No. 3 Page 77 of 109 VII. HAZARDS AND HAZARDOUS MATERIALS a) Create a significant hazard to the public or the environment through the routine transport; use or disposal of hazardous materials? Less Than Significant Impact The project could potentially handle hazardous materials, such as oils, solvents, etc. However, the project will be required to comply with State laws and City Municipal Code restrictions which regulate and control those materials handled onsite. Compliance with these restrictions and laws ensure that potentially significant impacts will not occur. b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Less Than Significant Impact There is no significant potential for release of hazardous materials from accidental conditions with compliance of applicable State and City restrictions and laws. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No Impact There are no schools within a V4 mile of the project site. There is no relevance to this issue. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Im act The project site is not located on any hazardous materials site as designated by Government Code Section 65962.5. There is no opportunity to create a significant hazard to the public or environment. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles or a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact The project site is located near the Skylark Airport. The proposed project is not of a scale or use that will create any safety hazard nor will the proposed project conflict with the existing airport or its plans. 0 For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? Less Than Significant Impact The project site is located near the Skylark Airport. The proposed project is not of a scale or use that will create any safety hazard nor will the proposed project conflict with the existing airport. g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact There are no known emergency response plans or emergency evacuation plans applicable to the project site. The proposed project will not conflict with any emergency response or evacuation plans. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact The project site is located within urbanized Lake Elsinore and has not experienced past wildland fires. People and/or structures will not be subject to wildland fires. 21 PC May 18, 2010 Item No. 3 Page 78 of 109 MITIGATION MEASURE6 None required VIII. HYDROLOGY AND WATER QUALITY a) Violate any water quality standards or waste discharge requirements? Less Than Significant Impact With Mitigation The proposed project will create urban pollutants typical of any development, including oils, solvents, and other substances. To ensure water quality standards and discharge requirements will not be violated 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 is required. Compliance with NPDES and Best Management Practices (SNIP) regulations is required since the 93 -acre project site exceeds five acres. Compliance with NPDES and BMP regulations ensures that significant water quality impacts will not result with the project and violation of standards and requirements will not occur. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which per_ mits have been granted)? Less Than Significant Impact The City of Lake Elsinore, including the East Lake area and the project site are located within the Elsinore Groundwater Basin. However, significant impacts to the groundwater basin is not expected, since the project site only encompasses about 93 acres, which is a relatively small size, given the overall size of the groundwater basin. The project will not substantially deplete groundwater supplies or significantly interfere with groundwater recharge capabilities. Significant impacts will not result. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in flooding on- or off -site? Less Than Significant Impact Onsite and upslope drainage flows will be conveyed into the public system located along Corydon and Cereal Roads. Significant impacts are not expected. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off -site? Less Than Significant Impact Onsite and upslope drainage flows will be conveyed into the public system located along Corydon and Cereal Roads. There are no streams or river courses located onsite. Significant impacts are not expected. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? Less Than Significant Impact The proposed project will not create excessive drainage flows that significantly burden existing and/or planned drainage systems. f) Otherwise substantially degrade water quality? Less Than Significant Impact As discussed, compliance with NPDES and Best Management Practices (BMP) regulations is required since the 93 -acre project site exceeds five acres. Compliance with NPDES and BMP regulations ensures that significant water quality impacts will not result with the project and violation of standards and requirements will not occur. 22 PC May 18, 2010 Item No. 3 Page 79 of 109 g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood hazard Boundary of Flood Insurance Rate Map or other flood hazard delineation map? No Impact The project is a motocross facility; housing will not be provided. There is no relevance to this issue. h) . Place within a 100 -year flood hazard area structures, which would impede or redirect flood flows? Less Than Significant Impact As a result of the City's Lake Management Project, the project site is located outside a flood hazard area and will not impede or redirect flood flows. Onsite and offsite flows will be conveyed into the public system located along Corydon and Cereal Roads. As a function of the Lake Management Project, the finished floor for all structures must be at or above an elevation of 1,267 feet. Any work below an elevation of 1,265 feet will require approval by the U.S. Army Corps of Engineers. No fill can be imported into the flood plain. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? Less Than Significant Impact Based on the foregoing discussions, there is no significant risk of flooding or significant exposure of people or structures to flood - related hazards. j) Inundation by seiche, tsunami, or mudflow? No Impact The project site is not subject to mudflows, seiches or tsunamis. There is no relevance to this issue. MITIGATION MEASURES 1. 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. rX. LAND USE AND PLANNING a) Physically divide an established community? Less Than Significant Impact The motocross facility is not of a land use or scale that will physically divide the community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Less Than Significant Impact The project site is designated Liberty Specific Plan according to the City's General Plan; zoning for the site is OS, Open Space (Golf Course), and Residential 1, 2, and 3. The proposed use is not permitted under the OS, Open Space (Golf Course), and Residential 1, 2, and 3 classifications of the Liberty Specific Plan. The proposed project, however, is being considered because it is an interim use and because Section 7.2.8 of the Liberty Specific Plan allows recreational facilities to be considered if a Conditional Use Permit is approved by the City. This document is being prepared to evaluate environmental impacts resulting with the proposed project as part of the Conditional Use Permit application. There will be no conflicts with the General Plan or Zoning Code with approval of the Conditional Use Permit. 23 PC May 18, 2010 Item No. 3 Page 80 of 109 c) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact No known habitat or natural community conservation plan applies to the project site. There is no relevance to this issue. MITIGATION MEASURES None required. X. MINERAL RESOURCES a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? No Ian The project site is not known to have any mineral resource that may be of value to the region or State. There is no opportunity to affect this type of mineral resource. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact The project site is not designated as a locally important mineral resource recovery site by any plan. There is no relevance to this issue. MITIGATION MEASURES None required. XI. NOISE a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact The proposed project will generate greater noise levels than those experienced under existing conditions and more noise than the motocross facility that was approved with the previous CUP. To evaluate noise levels generated by the currently proposed project, a noise study entitled "Measurement of Noise Levels Generated by the Motocross Facility ", was prepared by Wieland Associates, in March 2002 (Appendix A). The noise study measured noise levels at three residential areas that are located within the vicinity of the project site, including the corner of Victorian Lane at Wildomar Road; the end of the residential cul- de-sac on Palomar Road, northeast of Corydon Street; and the north end of Skylark Drive. It should be noted that the motocross facility that was operating at the time these measurements were taken permitted the same number of bikes and operations that is currently being proposed with the requested CUP application. Therefore, it is concluded that the noise measurements described in the noise study provide an accurate forecast of noise levels to be expected with the motocross facility being proposed with the requested CUP application. The noise study concludes that significant noise impacts will not result with the proposed motocross facility and states the following: "As requested, noise measurements have been obtained at three residential locations during a typical weekend at the Lake Elsinore motocross facility. Based on our measurements and observations, it may be concluded that the noise levels generated by the facility complied with the City's noise standards..." Based on the foregoing discussions, it is concluded that significant noise impacts will not result and people will not be exposed to noise levels that conflict with City standards. 24 PC May 18, 2010 Item No. 3 Page 81 of 109 b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact Based on the noise study, the proposed project w noise. ill not expose people to any excessive groundborne c) . A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Significant Impact Based on the noise study, the proposed project will not result in a substantial permanent increase in ambient noise levels that exceed City standards. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Less Than Snificanact Short-term construction noise impacts will not result. The CUP application requests continued operations of an existing motocross facility. Project tracks and improvements already exist onsite. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant impact The project site is located near the Skylark Airport. Noise from the airport will not significantly disturb the proposed project since a motocross facility is not considered a sensitive receptor. The project does not conflict with any known airport land use plan. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Less Than Significant Im act The project site is located near the Skylark Airport. Noise from the airport will not significantly disturb the proposed project since a motocross facility is not considered a sensitive receptor. The project does not conflict with any known airport land use plan. MITIGATION MEASURES None required. ML POPULATION AND HOUSING a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? Less Than Significant Impact The proposed project could induce population growth since a motocross facility will be provided. Induced development and population growth are not considered adverse impacts. The project better responds to demands for a motocross facility in the City. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact Residences are not located within the project site. There is no relevance to this issue relating to displacement. 25 PC May 18, 2010 Item No. 3 Page 82 of 109 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact Residences or populations are not located within the project site. There is no relevance to this issue relating to displacement. MITIGATION MEASURES None required- X111. PUBLIC SERVICES Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered,governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a) Fire protection? Less Than Significant Impact With Mitigation The Riverside County Fire Department provides fire protection and safety services to the City. The nearest fire station is No. 10, just off Main Street in downtown Lake Elsinore at 410 West Graham Avenue. The project will not result in activities that create significant impacts. Ambulance and paramedic services is provided by Goodhew Ambulance Service. The Fire Department has reviewed the application and has submitted comments on the proposed project relating to access, rescue and life safety, and service and fueling areas (Appendix B). In their comment letter, the Fire Department recommends mitigation measures to address and resolve resultant issues and impacts. Compliance with these measures ensures that the project will not result in any significant impact associated with the Fire Department. b) Police protection? Less Than Significant Impact Law enforcement services is provided by the Riverside County Sheriffs Department. The nearest sheriff's station is located at 117 South Langstaff. Traffic enforcement is provided for Riverside County in this area by the California Highway Patrol with additional support from the local County sheriff's department. The Department has not submitted any comments on the project application. The proposed project is required to acquire necessary clearances from the Department. c) Schools? Less Than Significant Impact The proposed project is a non - residential project and will not directly increase student enrollment at schools within the Lake Elsinore Unified School District. No significant impacts are expected. However, the applicant shall pay applicable fees required by the school district. d) Parks? Less Than Significant Impact Likewise, the proposed project is not of a land use that will significantly affect park and recreational facilities. The project will have less than a significant impact. e) Other public facilities? Less Than Significant Impact The proposed project is not of a land use that will affect other governmental services. The project will have less than a significant impact. 26 PC May 18, 2010 Item No. 3 Page 83 of 109 MITIGATION MEASURES Regardless of the environmental process, the, applicant is required to acquire necessary approvals and clearances from the Police Department, School District, Community Services Department, and other appropriate public agencies. With approvals and clearances from these public agencies, additional mitigation measures are not required The Fire Department, however, recommends the following mitigation measures. 1. 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 tq 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. • Post "No Smoking" signs around all areas that contain stored and/or where dispensing flamtnable 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. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities, such that substantial physical deterioration of the facility would occur or be accelerated? Less Than Significant Impact The proposed project will not increase population or place burden on parks in the area. As discussed previously, the project is required to pay appropriate park fees. b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? No IImpact The project does not include recreational facilities. Payment of park fees ensures that significant impacts will not result. MITIGATION MEASURES No additional mitigation is required beyond payment of park fees. 27 PC May 18, 2010 Item No. 3 Page 84 of 109 XV. TRANSPORTATION /TRAFFIC a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Less Than Significant Impact With Mitigation The City's Traffic Engineer determined that the proposed project will not significantly increase vehicle trips or congestion, because the project is an interim use and because traffic will only be generated during events and practices. Concerns of the Traffic Engineer relate to traffic control during race days. As mitigation, the Applicant is required to prepare a Traffic Control Plan. The Plan shall describe those traffic control measures and methods required to ensure congestion will not occur on connecting roadways, staffing requirements, and any other measures to ensure congestion is controlled. Potential impacts will be reduced with mitigation. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact No affected roadways are designated as a Congestion Management Program roadway. There is no relevance to this issue. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact The proposed project will not affect any air traffic patterns. There is no relevance to this issue. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Less Than Significant Impact Access improvements shall comply with design criteria contained in the Caltrans Design Manual and other City and Fire Department requirements and standards. No significant hazards are expected. e) Result in inadequate emergency access? Less Than Significant Impact The Fire Department has reviewed the proposed project and has not raised any issues regarding potential inadequacy of emergency access. Therefore, it is concluded that emergency access is a non - issue. f) Result in inadequate parking capacity? Less Than Significant Impact The project will provide sufficient parking in accordance with parking standards contained in the City Zoning Code and Liberty Specific Plan. Significant impacts are not expected. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact The project does not provide activities that conflict with any policy relating to transportation. There is no relevance to this issue. MITIGATION MEASURES 1. 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. 28 PC May 18, 2010 Item No. 3 Page 85 of 109 XVL UTILITIES AND SERVICE SYSTEMS a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? Less Than Significant Impact The project will likely create urban pollutants typical of any development, including oils and other substances. However, water quality standards and discharge requirements will not be violated if the following is satisfied Given that the project site exceeds five acres, the project is required to 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. The NPDES permit is required for any discharge of wastes to surface waters, resulting from dewatering during construction, stormwater runoff from construction, and construction sites. The permit includes a list of Best Management Practices which outlines measures to be undertaken by the applicant to guard against accidental contamination of ground waters and surface waters. Compliance with the foregoing ensures significant water quality impacts will not result. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact The proposed project is not of a land use or scale that would require new construction or significant expansion of existing facilities. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? Less Than Significant Impact — The Riverside County Flood Control and Water Conservation District has reviewed the project and has submitted comments (Appendix B). The District indicates the following: "This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required." The project will be required to comply with District procedures and requirements relating to any drainage improvements. No significant impacts are expected. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? Less Than Significant Impact The proposed project is not of a land use or scale that would require new construction or significant expansion of existing facilities. The project will be serviced by existing Elsinore Valley Municipal Water District (EVMWD) water supplies. New or expanded entitlements are not required. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Less Than Significant Impact The project will be serviced by the existing wastewater provider, which is the EVMWD. New or expanded entitlements are not required. f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? Less Than Significant Impact The proposed project is not of a land use or scale that would significantly impact solid waste services or facilities. 29 PC May 18, 2010 Item No. 3 Page 86 of 109 g) Comply with federal, state, and local statutes and regulations related to solid waste? Less Than Significant Impact The City's Source Reduction and Recycling Element (SRRE) requires all developments to reduce their respective stream of solid waste generation in the near future. Regardless of the environmental process, the proposed project is required to comply with regulations and requirements contained in the SRRE. Compliance ensures that significant impacts will not result. The project will not conflict with any Federal, State, or local statutes or regulations. MITIGATION MEASURES Regardless of the environmental process, the applicant is required to acquire necessary approvals and clearances from all appropriate public utility and service agencies. With these approvals and clearances, additional mitigation measures are not required. V. MANDATORY FINDINGS OF SIGNIFICANCE The following are Mandatory Findings of Significance in accordance with Section 15065 of the CEQA Guidelines. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Less Than Significant Impact With Mitigation Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Declaration, the proposed project has limited potential to degrade the quality of the environment. The proposed project will not significantly affect the environment with mitigation measures. b) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) Less Than Significant Impact With Mitigation The proposed project will not have impacts that are individually limited but cumulatively considerable with mitigation measures. Given that project impacts are insignificant, cumulative impacts are not foreseen. c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Less Than Significant Impact With Mitigation The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures. VI. PERSONS AND ORGANIZATIONS CONSULTED This section identifies those persons who prepared or contributed to preparation of this document. This section is prepared in accordance with Section 15129 of the CEQA Guidelines. A. CITY OF LAKE ELSINORE • Bob Brady, Community Development Director 30 PC May 18, 2010 Item No. 3 Page 87 of 109 I~ . LU g LL O Ocmv»aou AVI �-i MY" WK BONM13 UV7 0 _. a V ' N •0. cc CLN K NWMf1T 4� V S f 1 I f / a �. x�ri!'IM1IIB':i y Y IYY��I; � t�(� ��� $ c��4 •Qi Y.� T ICI / VAL. 3a I'I is ,Lj r N1 u Ir Y � i Y W ASS \8\� oWC Cj• v i N _NOGAVOJ PC May 18, 2010 Item No. 3 Pave 88 of 69 • Armando G. Villa, Planning Manager • Duane Morita, Senior Planner • Ray O 'Donnell, City Engineer B. OTI-JER AGENCIES • Brenda Seabert, Lake Elsinore Battalion Chief, City Fire Department • Stuart McKibbin, Senior Civil Engineer, Riverside County Flood Control and Water Conservation District VII. REFERENCES L "Liberty Specific Plan Environmental Impact Report", City of Lake Elsinore, certified in 1993. 2. "Lake Elsinore Motocross Facility Mitigated Negative Declaration 97 -9 ", City of Lake Elsinore, approved 1998. 3. "Measurement of Noise Levels Generated by the Motocross Facility ", prepared by Wieland Associates, in March 12, 2002. 31 PC May 18, 2010 Item No. 3 Page 89 of 109 APPENDIX 1 NOISE STUDY 32 PC May 18, 2010 Item No. 3 Page 90 of 109 U U ct U O -4i r r March 12, 2002 Mr. Armando G. Villa City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Project File 334 -02 Subject: Measurement of Noise Levels Generated by the Motocross Facility Dear Mr. Villa: As requested, measurements were obtained within the residential community surrounding the motocross facility in order to evaluate the noise levels on a typical weekend. The following report briefly identifies the City's noise standards, the results of our measurements, and an assessment of impact. Noise Standards Section 17.78.060 of the City's Municipal Code identifies the following standards for noise intrusion onto a single- family residential property: Noise level that cannot be exceeded for a cumulative 30 minutes in an hour (L50) Daytime 1. 50 dB(A) Nighttime t 40 dB(A) 15 minutes in any hour (1,25) 55 dB(A) 45 dB(A) 5 minutes in any hour (L8) 60 dB(A) 50 dB(A) 1 minute in any hour (1,2) 65 dB(A) 55 dB(A) At any time (Lmax) 70 dB(A) 60 dB(A) If the measured ambient noise level differs from that permissible within any of the first four noise limit categories above, the allowable noise exposure standards shall be adjusted in 5 dB increments in each category as appropriate to encompass or reflect the ambient noise level. In the event the ambient noise level exceeds the fifth noise limit category, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level. Noise Measurements On February 16, 2002, noise measurements were obtained at three residential locations selected by the City in the vicinity of the motocross facility. These locations were as follows: 1. At the corner of Victorian Lane and Wildomar Road. ift Wieland Associates, Inc. Acoustical Consultants 23276 South Pointe Drive Suite 114 Laguna Hills, CA 92653 Tel: 949/829 -6722 Fax: 9491829 -6670 www.wiela ndassoc.com PC May 18, 2010 Item No. 3 Page 91 of 109 CITY OF LAKE ELSINORE Project File 33402 2. At the end of the residential cul-de -sac on Palomar Road northeast of Corydon Street. 3. At the north end of Skylark Drive. The measurements were obtained using integrating sound level meters in accordance with the procedures outlined in the City's Municipal Code. In addition, at each measurement location, the maximum noise levels generated by motocross activities were noted. The results of our measurements are provided in Appendix I, and are summarized below: With regard to the measurements, it should be noted that the noise levels measured at Positions 2 and 3 were not influenced by the motocross activities, which were barely audible only on occasion. Rather, they are a measurement of the existing ambient noise level at these locations resulting from traffic on the surrounding arterials (including the I- 15 freeway) and flight activities at Skylark Airport. At Position 1, the motocross Vactivities did contribute marginally to the measured noise levels. However, even at this location the motocross activities were only audible and measurable during lulls in traffic on Mission Trail. Assessment of Impact (f] Based on our measurements and observations, the motocross activity noise levels on February 16, 2002 were well below the City's noise ordinance standards. Therefore, the .r...l impact is insignificant. It was noted, however, that the character of the motorcycle noise (� is distinct and easily distinguishable from the ambient noise sources (primarily traffic). • r-1 This likely contributes to its potential for creating annoyance among some residents. U OConclusion CA As requested, noise measurements have been obtained at three residential locations during a typical weekend at the Lake Elsinore motocross facility. Based on our measurements and observations, it may be concluded that the noise levels generated by the facility complied with the City's noise standards on February 16, 2002. r--1 (1) PC May 18, 2010 Item No. 3 Page 92 of 109 CITY OF LAKE ELSINORE Project File 334-02 Thank you for this opportunity to provide you with acoustical consulting services. If you have any questions, please do not hesitate to call us at 949/829 -6722. Sincerely, Principal 6 F--I V� C3 U O Cn Cn 3 INC. Jonathan Higginson` Associate Consultant PC May 18, 2010 Item No. 3 Page 93 of 1.09 APPENDIX 1 Noise Measurements U L� ct U O U) C4 B ct QJ PC May 18, 2010 Item No. 3 Page 94 of 109 Table I. Noise Survey Project: Lake Elsinore Motocross Facility Position: #1, comer of Victorian Lane and W ildomar Date: February 16, 2002 Time: Noted Noise Source: Traffic, aircraft, commercial activities, Calibrator SIN: motocross facility Distance: Varies SLM Height: 5' LD 820 S/N: 0996 LD CAL250 n* Calibrator SIN: 2996 Operator: Jonathan L. Higginson au.0 75.0 . 70.0 ----------- -- - -- -- - - ---- G 65.0 ------------------------------ 60.0 -----`-----'------------`----- d y,o 55.0 - - - - - - -- -- - -' - -- - -' - - - - -- z 50.0 --- --- ' - - - -- ' 45.0 40.0 0 20 40 60 80 100 Percent of Time Noise Level is Exceeded Symbol: Source: ■ • * Leq is the average sound level during the measurement period. Ln is the sound level exceeded n% of the time during the measurement period. Lmax and Lmin are the maximum and minimum sound levels during the measurement period. 97ELAND ASSOCIATES, INC. PC May 18, 2010 Item No. 3 Page 95 of 109 Measurement Period 12:07 PM to 1:30 PM to to n* Ln Ln Ln 2 56.4 8 55.1 25 53.4 50 52.3 90 51.0 99 50.6 Leq 52.9 Lmax 62.4 Lmin 47.8 Symbol: Source: ■ • * Leq is the average sound level during the measurement period. Ln is the sound level exceeded n% of the time during the measurement period. Lmax and Lmin are the maximum and minimum sound levels during the measurement period. 97ELAND ASSOCIATES, INC. PC May 18, 2010 Item No. 3 Page 95 of 109 Table 2 Noise Survey Project: Lake Elsinore Motocross Facility Position: 92, end of Palomar Road Date: February 16, 2002 Time: Noted Noise Source: Traffic, aircraft, motocross facility Distance: Varies SLM Height: 5' LD 820 SIN: 0997 LD CAL250 to Calibrator S/N: 2996 Operator: Roberta R. Wieland 80.0 75.0 - --- 4 70.0 -----------'-------------------- 65.0 - - - -- - - - -- - -- -- ---- -- -- - -- d60.0 ----------------- h 55 -0 -----`-----'------'------'------ Z 50.0 ----- '------'--- --- ------- 45.0 --- -- -- -- - -' --- - -- ---- 40.0 0 20 40 60 80 100 Percent of Time Noise Level is Exceeded Symbol: Source: ■ * Leq is the average sound level during the measurement period. Ln is the sound level exceeded n% of the time during the measurement period. Lmax and Lmin are the maximum and minimum sound levels during the measurement period. RQELAND ASSOCIATES, INC. PC May 18, 2010 Item No. 3 Page 96 of 109 Measurement Period ! 1:45 AM to 1:05 PM to to to Ln Ln Ln 2 49.4 8 47.7 25 46.0 50 44.8 90 43.2 99 41.9 Leq 45.6 Lmax 61.2 Lmin 41.2 Symbol: Source: ■ * Leq is the average sound level during the measurement period. Ln is the sound level exceeded n% of the time during the measurement period. Lmax and Lmin are the maximum and minimum sound levels during the measurement period. RQELAND ASSOCIATES, INC. PC May 18, 2010 Item No. 3 Page 96 of 109 Table 3. Noise Survey Project: Lake Elsinore Motocross Facility Position: #3, end of Skylark Drive Date: February 16, 2002 Time: Noted Noise Source: Traffic, aircraft, motocross facility Distance: Varies SLM Height: 5' LD 712 SIN: 0556 LD CAL150 n* Calibrator SIN: 2206 Operator: Cynthia M. Bordash 80.0 75.0 - -- - -- --- 70.0 ------ ----- �------------- - - - --- 9 65.0 ------ ------------- ---------- ` - - - - -- - - - - -- i 60.0 y55.0 -----,`-----`----------------- .a z 50.0 - - - - -'- 45.0 - - --- -- - -- 0 20 - 40 60 80 too Percent of Time Noise Level is Exceeded Symbol: Source: ■ * Leq is the average sound level during the measurement period. Ln is the sound level exceeded n% of the time during the measurement period. Lmax and Lmin are the maximum and minimum sound levels during the measurement period. WIELAND ASSOCIATES, INC. PC May 18, 2010 Item No. 3 Page 97 of 109 Measurement Period 11:55 AM to :14 PM to to n* Ln Ln Ln 2 50.2 8 47.4 25 44.6 50 43.1 90 99 Leq 49.4 Lmax 77.3 Lmin 39.4 Symbol: Source: ■ * Leq is the average sound level during the measurement period. Ln is the sound level exceeded n% of the time during the measurement period. Lmax and Lmin are the maximum and minimum sound levels during the measurement period. WIELAND ASSOCIATES, INC. PC May 18, 2010 Item No. 3 Page 97 of 109 APPENDIX 2 COMMENT LETTERS 33 PC May 18, 2010 Item No. 3 Page 98 of 109 DAVID. P. ZAPPE �oxrr ry ienerulManager-ChiefEngineer s 'c�yarlFill 0`s RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Attention: A PM A h!'D n C 1/ r i! o Ladies and Gentlemen: Re: :state letters or other flood ha: cases are normally limited to ige Plan facilities, other region I Component or extension of a n 1995 MARKET STREET RIVERSIDE, CA 92501 909.955.1200 909.788.9965 FAX CITYOFLWPI< ELSINOI RECEIVED NOV 07 2001 PLANNING DEp- C: LJ P Zoo I - n S IM divisions or other use cases. or orovi The District has not reviewed the proposed pl roject in detail and the following checked comments do not in any way constitute or Imply District approva or endorsement of the proposed project with respect to flood hazard, public health and" afety or any other such issue: This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. �G This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and Inspection will e required for District acceptance. Plan check, inspection and administrative fees will be required. Llnr E E OF SC D Cj o M D P This project proposes channels, storm drains 36 inches or larger In diameter, or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The Distnc wou consider accep rig owners r--hip o such ' on wn r request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project is located within the limits of the District's Area Drainage Plan for which drainage fees have been ado p ;app Ica a tees should be- by cashiers check or money order only to the Flood Control District or City prior to issuance of building or grading permits, whichever comes first Fees to be paid should be at the rate in effect at the time of issuance of the actual permit GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading recordation, or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt If this project involves a Federal Emerrggency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other Information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision MR) prior to occupancy. If a natural watercourse or mapppped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1601H603 Agreement from the California Department of fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit Very truly yours, Z�u C-1K STUART E. MCKIBBIN l Senior Civil En we�/er�, c: Date: 1 y It o1 PC May 18, 2010 Item No. 3 s kh' Page 99 of 109 Tom Tisdale Fire Chief IU VERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry and Fire Protection 210 West San Jacinto Avenue .. Penis, California 92570 . (9M) 940.6900 , Fax (909) 940.8910 fanuary 24, 2001 'roudly the Mr. Randy Hiner uuncoiporated 31919 Cereal St yeas ofRivpside Labe Elsinore, CA 92530 :ounty and the %ties of- Wining RE: Conditional Use Per No. 96-8, Lake Elsinore Championship MX C. .1eaumont C. Dear Mr. ffiiner 'alimesa anyon Lake The purpose of this letter is to inform you of some issues and concerns that have come up in the last few months. I have identified these problems and included appropriate oachella measures to mitigate them below. L• esert Hot Springs C. Access: than Wells aio 4. Access has become a major issue as the popularity of the sport grows. Participation of local pro riders has drawn spectators well beyond what was proposed on the original dte Elsinore CUP t Quints. .0 1. A dedicated access road a minimum of 16 feet shall be required adjacent to the oreno valley existing road; it shall be designed to support a minimum of 60,000 Lbs over 2 Im Desert axles, all weather surface and non- errodible. This shall include the "pit area ". I 2. A minimum of two parking attendance shall be required on weekends and achoMirage 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 .lacinto end to accommodate"fire apparatus. necula 3. Gates shall be a minimum of 18 feet and accommodate fire apparatus traveling rd of Supervisors either direction. Buster, Rescue and life- safety issues: Distria I Tavaglime, I. A BLS ambulance shall be required in addition to assigned EMT's on weekends, DiStna 2 holidays and at all times when professional riders participate. Additional renabte, , requirements for special events will be addressed through the special event Dismal application process. Nilson, District 4 Mullen, District s PC May 18, 2010 Item No. 3 Page 100 of 109 Page 2 Servicing and fueling areas: 1. A minimum of 50 feet shall separate all vehicle fueling and maintenance areas from public assembly or spectator area. 2. There shall be posted "No Smoking" signs around all areas that contain stored and/or where Dispensing flammable or combustible fuels or solvents are conducted. A minimum 20 B:C, rated fire extinguisher shall be required in those areas with a maximum travel distance no greatei than 50 feet. -k 3. 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 the appropriate labeling. Should you have questions of need clarification please contact Captain Steve Gallegos at (909) 955 -4777. Cc: Brady Villa Gallegos F 4 Tom Tisdale County Fire Chief By: Brenda Seabert Lake Elsinore Battalion Chief PC May 18, 2010 Item No. 3 Page 101 of 109 RIVERSIDE P&E CALIFORNIA DEPARTMENT OF FORESTRY INDIO P&E 909- 955 -4777 Fax 909 - 955-4886 RIVERSIDE COUNTY FIRE DEPARTMENT' 760 863-8886 Fax 760.863.707E 4080 Lemon Street, 2nd Floor 82-675 Highway 111, 2nd Floor P.O. Box 1549 HEADQUARTERS Indio, CA 92201 Riverside, CA 92502 -1549 210 WEST SAN JACINTO PERRIS, CA 92570 PERMIT /CASE # FACILITY NAME INSPECTION LOG COMPLIANCE ORDER Page k of Notice No: FtNR L, Date: 5 1 O l S"ILC Phone: The items listed below are in violation/requirements of one or more of the following: UNIFORM FIRE CODE p2t az -79 RIVERSIDE COUNTY FIRE ORDINANCE OTHER UNIFORM BUILDING CODE: CALIF. HEALTH & SAFETY CODE (TITLE_) A) CP9CA is-6W OPRP0 Y..ff. ot` O� QDA. ,.Z &R C-� +g�C jQBFLwc� a)I]m��D �t2E DEPAZT7ni it A4c¢Sb'. a� c�Www� 1�0 4a7 DAD cp Sop Z A mw wy M ldG 0:15 �8S 04 ;- A x\-ES 5 M- Measures shall be task &n to correct listed violations /requirements. A reinspection will be conducted on or about FAILURE TO CO MAY RESULT IN LEGAL ACITON OR SIGNIFICANT DELAYS OF APPROVALS. Received By Title t) . � . Fire Inspector _ Radio I.D. 12>31 to OR FURTHER INFORMATION PLEASE CALL Phone &7q —21U I ROD 'x`1A "0) PC May 18, 2010 Item No. 3 Page 102 of 109 8' JAOO 2001 Lake Elsinore MX Track Response January- 9 Responses February — 4 Responses March- 6 Responses April- 10 Responses May- 11 Responses June- 5 Responses July- 17 Responses August- 4 Responses Total 66 Responses PC May 18, 2010 Item No. 3 Page 1'03 of 109 May 10, 2010 Mr. Matt Harris City of Lake Elsinore 130 South Main Street Lake Elsinore, CA.. 92530 Re: Lake Elsinore Motocross Park, hic. Dear Matt, RECEIVED MAY 11 2010 CITY OF LAKE ELSINORE I am writing this letter in regards to the request by the City of Lake Elsinore that the property known as Cereal Partnership APN 370 - 030 -012 be returned to its' pre lease condition. I have fidl confidence and will guarantee that your request that the property will have proper reversal and removal of all grading, equipment, artifacts, equipment and potentially contaminated soil will be done. I am hoping this letter will give you the confidence that the leasee Lake Elsinore Motocross Park, Inc. will meet the removal and reversal conditions as requested. If you have any further questions please call me at (714) 290 -5555. Sincerely, Kris Kakkar, Managing Partner Cereal Partnership Development PC May 18, 2010 Item No. 3 Page 104 of 109 May 10, 2010 Mr. Matt Harris City of Lake Elsinore 130 South Main Street Lake Elsinore, CA. 92530 Re: Lake Elsinore Motocross Park, Inc. Dear Matt, HUMMED tvIAY 11 2010 CITY OF LAKE ELSINORE PLANNING DIVISION I am writing this letter in regards to the request by the City of Lake Elsinore that the property known as 80 Acres Partnership APN 370 - 030 -006 will accept the on -site drainage from Cereal Partnership APN 370 - 030 -012. I am hoping this letter will satisfy the condition you are requesting from Lake Elsinore Motocross Park, Inc.. If you have any further questions please call me at (714) 290 -5555. Sincerely, Kris Kakkar, Managing Partner Cereal Partnership Development PC May 18, 2010 Item No. 3 Page 105 of 109 ARI Lake Elsinore, LLC 20951 Burbank Blvd, Suite B Woodland Hills, CA 91367 Tel: 818. 884 -2200 Fax: 818.884 -2205 May 10, 2010 Matthew C. Harris Senior Planner City of Lake Elsinore 130 S. Main Street Lake Elsinore, CA 92530 Re: Lake Elsinore Motocross Facility — Existing CUP 2001 -05 Dear Matt: RECIEWEDD MAY 12 20;0 CITY OF LAKE ELSINORE PLANNING DIVISION We are in receipt of the notice about the public hearing coming upon May 18, 2010. We are the owner of the former nursery property along Mission Trail (including parcels to its south) which is twenty three parcels totaling 19.46 gross acres and 19.1 net acres after street dedications including Assessor Parcel #'s: 365- 030 -004, -005, -006, -007, 016, -017, -018, - 019, -020, -021, -022, -023, -027, -028, -029, -030, -031, -032, -033, -034, -035, -037, -046. Our project was approved for 211 Senior Condominium Units under Tentative Tract Map No. 34346 (Resolution 2008 -7o) and Residential Design Review No. 2005 -27 (Resolution 2008 -71) and other items as approved by City Council in June 2008. We have previously submitted a comment letter about the proposed Conditional Use Permit and potential changes to the motocross facility, but would like to make sure that some of these comments are also included with the discussion of their current permit and operations, in particular about Drainage Issues. We are adjacent to the motocross facility at our western property boundary and have owned the property since the fall of 2005. The natural course of drainage is for water to flow westerly from Mission Trail towards the west and through the motocross. Previously, and on at least two occasions the motocross had created a berm(s) that prevented the natural flow of water and created a significant water back -up on our property and an owner to the south of us. Though it is a violation to block the flow of water, we discovered in the March of 2006 that there was a berm along the edge of our two properties that was preventing the flow of water. Ultimately we sent a letter to Mr. Hiner on 3/29/2006 asking for this issue to be fixed. Again in December 2007 another berm was discovered along the edge of the two properties and as a significant amount of water began to pond on our side. After a number of attempts to rectify this over the phone, we ultimately enlisted the aid of City Staff and the City Attorney's office resulting in a verbal notice on 12/26/2007 and a written notice from Building and Safety on 1/7/2008 to remove the berm. PC May 18, 2010 Item No. 3 Page 106 of 109 Matt Harris May 10, 2010 - Page 2 of 2 I have attached copies of our 2006 letter and the Notice of Correction from 2007. Please make it clear that no activities, including future grading or changes to the facility will block the flow of water from our property or other adjacent properties. If you have any questions, you can call me on my direct line at 818 -528 -4281. Sincerely, k Jason Kamm PC May 18, 2010 Item No. 3 Page 107 of 109 CITY OF LAKE ELSINORE BUILDINGAND SAFETY DIVISION Date: ? p, NOTICE 0- Stop Work �< Correct Work Job Address- /"'t��fyf r7v 44n ' Permit Number." -:F- Oivisibn inspector l''ir� /E7�r r'{'��?/'Q� %�. PC May 18, 2010 Item No. 3 Page 108 of 109 ARI Lake Elsinore, LLC 16661 Ventura Blvd Suite # 712 Encino, Ca. 91436 Phone: 818 -325 -8842 Fax: 818- 906 -9859 March 29, 2006 Mr. Randy Hiner Lake Elsinore Motocross Park 31919 Cereal Street Lake Elsinore, Ca. 92530 Dear Mr. Hiner: We own the property at the eastern edge of your property which includes the former tree and plant nursery and the parcel to the south of the nursery. We have discovered that you have created a mound of dirt along the property line between our properties which is causing water to collect and pool on our property. This is causing damage and harm to our property and must be rectified immediately. I will be calling to follow -up with you and your track manger to make certain that this is taken care of as soon as possible. Thanks for your anticipated cooperation, and feel free to call with any questions. Best regards, Peter Bachmann Cc: Jason Kamm PC May 18, 2010 Item No. 3 Page 109 of 109 -