HomeMy WebLinkAboutItem No. 2CITY OE i
LADE LSIIYOIZE
-� DREAM EXTREMEn
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRMAN
AND MEMBERS OF THE PLANNING COMMISSION
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: JUNE 15, 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 Background
On May 18, 2010, the Planning Commission held a public hearing to consider the
modification, suspension and /or revocation of Conditional Use Permit No. 2001 -05 for
the Lake Elsinore Motocross Facility. Upon taking testimony and discussing each of the
existing conditions associated with the permit, the Commission directed staff to continue
the public hearing to the Commission's June 15, 2010 meeting to: 1) Review and
provide formal approval of revised conditions of approval and; 2) Review the status of
all the conditions of approval that remain in non - compliance and the applicant's
progress toward completion /satisfaction.
Revised Conditions of Approval
Staff has prepared revised conditions of approval for Conditional Use Permit No. 2001-
05 (See Attachment No. 1) consistent with the May 18, 2010 Planning Commission staff
report and the Commission hearing discussion. Added or new language has been
denoted in italics and deleted language is shown with a Wig#.
AGE AI;C' °IN0.
pA E
CUP No. 2001 -05 Lake Elsinore Motocross Facility
JUNE 15, 2010
PAGE 2 of 6
Outstanding Condition of Approval Status
In addition to the provision of revised conditions of approval, staff has also provided a
status report below which discusses each of the outstanding conditions of approval that
were in non - compliance as of May 18, 2010, and indicates the applicant's progress
toward completion /satisfaction as of the writing of this report.
Planning Division Conditions
Condition No. 8.
The property owner shall provide a signed and notarized letter which arms an
agreement to guarantee The appliGant shall Pest a Gash bORd in the amount ef $5,000
to guarantee the proper removal of structures, artifacts, and equipment utilized at the
site. The letter shall be reviewed and approved by the City Attorney. (Modified by the
Planning Commission 5- 18 -10)
The applicant indicates that he continues to have discussions with the property owner
and will provide the agreement letter at the public hearing.
Condition No. 9.
The property owner shall provide a signed and notarized letter which affirms an
agreement to guarantee
to guarantee the proper reversal of all grading at the site. In addition, upon termination
of use, all jumps, ramps, and grading shall be flattened to reflect original conditions. The
letter shall be reviewed and approved by the City Attorney. (Modified by the Planning
Commission 5- 18 -10)
The applicant indicates that he continues to have discussions with the property owner
and will provide the agreement letter at the public hearing.
Condition No. 10.
The property owner shall provide a signed and notarized letter which arms an
agreement to guarantee
removal of potentially contaminated soil. The letter shall be reviewed and approved by
the City Attorney. (Modified by Planning Commission 5- 18 -10)
The applicant indicates that he continues to have discussions with the property owner
and will provide the agreement letter at the public hearing.
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.
PAGE�W g -�®
CUP No. 2001 -05 Lake Elsinore Motocross Facility
JUNE 15, 2010
PAGE 3 of 6
The Mitigation Monitoring Program outlines four required issues requiring mitigation
which include the following:
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 applicant indicates that he is working on the Storm Water Pollution Plan (SWPP)
and intends to file the Plan along with the Notice of Intent to the Regional Water Quality
Control Board prior to the public hearing.
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.
The applicant 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. The applicant indicates that he will submit a revised Traffic
Control Plan to the Engineering Division prior to the public hearing.
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 has spoken to the City's Building and Safety Official regarding the specific
ADA requirements that must be completed onsite. He has commenced designing the
improvements and will provide an update on this issue at the public hearing.
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
CUP No. 2001 -05 Lake Elsinore Motocross Facility
JUNE 15, 2010
PAGE 4 of 6
subsequent to the approval of the Conditional Use Permit, a large entry gate sign
structure which vehicles drive under and a freestanding sign structure at the entry to the
facility at Cereal Street that were not approved by either the Planning Division or
Building & Safety Division. The applicant now indicates that he intends to remove the
earthen elevated spectator seating berm in the near future as it is no longer needed for
his operations. In addition, the applicant is working to undertake the steps necessary to
get the existing sign improvements approved and permitted.
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 applicant indicates that he is working with the adjacent property owner to formalize
the secondary access agreement and anticipates that he will provide the agreement at
the public hearing. Once the agreement has been reached, the applicant must then
construct the all weather secondary access road in accordance with Riverside County
Fire Department requirements.
Engineering Division Conditions
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)
The applicant indicates that he is currently working with Mr. Robert Smith of the Corps.
of Engineers to achieve necessary approvals. However, he is not sure how long it will
take to complete the approval process.
Condition No. 29.
Meet all requirements of LEMC 15.68 of the Municipal Code regarding flood plain
management.
The applicant has complied with Lake Elsinore Municipal Code provisions regarding
flood plain management. However, Army Corps. of Engineers approvals are tied to the
provisions (See Condition No. 28 comment above).
Condition No. 32.
The access road and parking lots shall be of compacted crushed aggregate base or
ACENMA ITe . NM-
PACE J% .
CUP No. 2001 -05 Lake Elsinore Motocross Facility
JUNE 15, 2010
PAGE 5 of 6
provided with a surface and treatment to minimize the dust to be approved by the City
Engineer.
The applicant indicates that he still needs to work with the City Engineer to come to a
satisfactory agreement regarding the type of surface treatment utilized to minimize dust.
Once an agreement has been reached, the treatment will be installed onsite.
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.
See Condition No. 18, Hydrology and Water Quality, comment above.
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 applicant has stated that he will submit a dust control plan and erosion control plan
as part of his Storm Water Pollution Plan to the Engineering Division prior to the public
hearing.
Condition No. 38.
The erosion control plan needs to be approved by the Santa Ana Regional Water
Quality Control Board.
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 Condition No. 18, Hydrology and Water
Quality comment above).
Condition No. 40.
A secondary emergency vehicle access road shall be established and maintained to the
subject property. The access shall be achieved by way of easement or other legal
instrument acceptable to the City Attorney. ' ; applioaRt Will Reed aR
easement to use this read. (Modified by the Planning Commission 5- 18 -10)
See Condition No. 25 comment above.
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 indicated that a signed, notarized agreement letter with the adjacent
PAOF F ...
CUP No. 2001 -05 Lake Elsinore Motocross Facility
JUNE 15, 2010
PAGE 6 of 6
property owner will be provided to the Engineering Division prior to the public hearing.
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.
The applicant indicates that he is working on plans in support of the conveyance of
onsite drainage and will provide them to the Engineering Division for review and
approval prior to the public hearing.
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 indicates that a contract with CR & R for waste removal at the site will be
achieved and evidence provided at the public hearing.
Recommendation
1. Staff recommends that the Planning Commission approve the Revised
Conditions of Approval for CUP No. 2001 -05 as listed in Attachment A.
2. Staff recommends that the Planning Commission review the Outstanding
Condition of Approval Status Report above and direct staff as deemed
appropriate.
Prepared By: Matthew C. Harris P11
Senior Planner
and
Justin Carlson
Redevelopment Project Analyst
Approved By: Robert A. Brady,
City Manager
Or
Attachments:
1. Revised Conditions of Approval for CUP No. 2001 -05
2. Planning Commission Staff Report dated May 18, 2010
3. Planning Commission Meeting Minutes for May 18, 2010
PAGE (
REVISED CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2001 -05:
ESTABLISHMENT AND OPERATION OF AN
OFF -ROAD MOTOCROSS FACILITY (LAKE
ELSINORE MOTOCROSS)
PLANNING DIVISION
1. Conditional Use Permit No. 2001 -05 will lapse and be void unless the use continues
as intended within one (1) year of Planning Commission approval.
2. The GondWenal Use PeFmit shag 9)Wke three (3) yeaFs from the date of 0annih
Gen4mission appr-e�eah After- that gme, the appliGant may request that the Gemmun#y
The
_4 Pot to or-nned a tph;f of We
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
designee. development inconsistent with the existing use and in accordance with the
General Plan and any applicable specific plan for the project site. (Modified by
Planning Commission 5- 18 -10)
1.
AGUiOAITEM W0.
PAW � �
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 2 of 8
DeVeIGPFABRt ■
(Deleted
4. The applicant shall be required to conduct a Noise Studyies (noise readings) wally
'^F 699ReF if it is-as determined necessary by the Community Development Director)
to monitor sound levels emanated from the facility. Necessary measures shall be
undertaken based on the results of the Noise Study. The applicant shall deposit with
the City an amount equal to the cost of such study plus administrative charges.
(Modified by the Planning Commission 5- 18 -10)
5. The applicant shall be required to conduct an Air Quality Studyies anaually-(GF seeaef
if it is as determined necessary by the Community Development Director) to monitor
dust levels emanated from the facility. Necessary measures shall be undertaken as
a result of the study. The applicant shall deposit with the City an amount equal to the
cost of such study plus administrative charges. (Modified by the Planning
Commission 5- 18 -10)
6. The amount of staff necessary to operate the facility shall be determined daily by the
applicant based on attendance, type and number of tracks operating and associated
insurance requirements.
will be Fequired Oetal 26 (These employees will be required to wear
uniforms identifying them as facility employees, e.g., yellow vests or shirts with the
wording "Staff'}
teta7— (Modified by the Planning Commission 5- 18 -10)
7. The existing pay booth onsite shall be allowed to be located below an elevation of
1,267 msl provided that vents are maintained in the structure, one foot from the
AGENDA ITC1 WO.
FkGE
�.
._
teta7— (Modified by the Planning Commission 5- 18 -10)
7. The existing pay booth onsite shall be allowed to be located below an elevation of
1,267 msl provided that vents are maintained in the structure, one foot from the
AGENDA ITC1 WO.
FkGE
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 3of8
ground, on opposite sides so as to allow flood water to flow through the structure. ft
additional GeGWFity beeth will be FequiFed en the tower aFea. (Modified by the
Planning Commission 5- 18 -10)
8. The property owner shall provide a signed and notarized letter which affirms an
agreement to guarantee
the proper removal of structures, artifacts, and equipment
utilized at the site. The letter shall be reviewed and approved by the City Attorney.
(Modified by the Planning Commission 5- 18 -10)
9. The property owner shall provide a signed and notarized letter which affirms an
agreement to guarantee
the proper reversal of all grading at the site. In addition, upon
termination of use, all jumps, ramps, and grading shall be flattened to reflect original
conditions. The letter shall be reviewed and approved by the City Attorney.
(Modified by the Planning Commission 5- 18 -10)
10. The property owner shall provide a signed and notarized letter which affirms an
agreement The appliGant shall POSt a Gash bend in the aFRGURt of $20, to
guarantee removal of potentially contaminated soil. The letter shall be reviewed and
approved by the City Attorney. (Modified by Planning Commission 5- 18 -10)
pFehibits off site adveFtising. (This condition was deleted by the Planning
Commission in association with the original approval 8 -7 -02)
12.
allewed below the . (Deleted by the Planning Commission 5- 18 -10)
13. The appliGant shall be required to prepaFe a detailed site plan fbF the 69' X 20OLpad
area fE)r the OffiGe and steFage that will be required to prGVide temperary land6GapiP'9
IandSGapinq plaR shall be Fequ"Fed. The pad aFea will be allowed to have a
(Deleted by the Planning
Commission 5- 18 -10)
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.
A000AffEM PLO.,
PnE IL op 3
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 4 of 8
15. All motorcycle fueling shall be concentrated in one area (e.g. parking lot). Safety spill
kits, spill mats and fire extinguishers shall be made available and utilized at all times
during fueling to regulate and minimize soil contamination. These requirements shall
also be incorporated into the posted park rules. A Gash bGRd will be required te
(See Condition No. 10). (Modified by Planning Commission 5-
18-10)
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 8:00 9:99 AM to dusk. Park hours of operation shall be
reviewed by the Community Development Director as deemed necessary. (Modified
by the Planning Commission 5- 18 -10)
17. For Major Special Events, the applicant shall be required to comply with Section
5.108 (Special Events) of the Lake Elsinore Municipal Code. Night operations for
major special events may be allowed by the Community Services & Development
Directors and subject to additional Conditions of Approval.
18. The proposed temporary/interim motocross training and racing facility shall be
subject to the Mitigation Monitoring Program in Mitigated Negative Declaration
(MND) No. 2002 -02.
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.
Hvdroloav and Water Quali
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.
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 ".
P c LD a
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 5 of 8
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 minimum of one Emergency Medical Technician onsite at all times during
motocross practice sessions. In addition, a transportation ambulance shall be
provided onsite at all times during any and all event competitions. E3[=Sbalanse
. Additional requirements may
be established for special events. (Modified by the Planning Commission 5 -18-
10)
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 flammable or combustible fuels or solvents are used.
Provide a minimum 20 BC rated fire extinguishers 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.
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.
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.
20. Applicant is to meet all applicable City Codes and Ordinances including American
Disability Act requirements prior to commencement of operations.
Ctm�J1A TE€s ESL. ?�773-
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 6 of 8
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.
22. Prior to commencement of operations, the applicant and property owner 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. (Modified by the Planning Commission 5- 18 -10)
23. All uses and /or activities not specifically permitted by this permit shall be prohibited.
EMERGENCY SERVICES
24. Provide a minimum of one Emergency Medical Technician onsite at all times during
motocross practice sessions. In addition, a transportation ambulance shall be
provided onsite at all times during any and all event competitions. it will be Fequired
,
(Modified by Planning Commission 5- 18 -10)
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.
ENGINEERING DIVISION
26. All Public Works requirements shall be complied with as a condition of development
as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of
building permit.
27. No improvements shall be made upon all lands below the 1265 ft. elevation level in
the Lake Elsinore flood plain, southeasterly of the lake levee and no artificial change
in the topography in the surface of said lands shall be made (except terracing and
soil conservation measures) LEMC 15.68.052.
28. Projects proposed in the back basin that the City or applicant deem non - jurisdictional
shall receive a written non - jurisdictional confirmation from the Corps of Engineers
AGENDA MEE s5 No. _
PAGE �� OF
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 7 of 8
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 existing or future buildings (including trailers and storage facilities). (Modified by
Planning Commission 5- 18 -10)
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, with the exception of the existing pay booth, cannot be constructed and
trailers cannot be located below the 1267 foot elevation. (Modified by Planning
Commission 5- 18 -10)
37. A dust control plan and an erosion control plan for storm water runoff needs to be
submitted the City for approval.
38. The erosion control plan needs to be approved by the Santa Ana Regional Water
Quality Control Board.
39. A traffic sentrel -plan aad study may be required at any time at the discretion of the
City Engineer in order to evaluate and identify necessary mitigation for Reeds to be
total cumulative traffic
impacts. . (Modified by Planning Commission 5 -18-
10)
PA ! 33
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 8 of 8
40. A secondary emergency vehicle access road shall be established and maintained to
the subject property. The access shall be achieved by way of easement or other
legal instrument acceptable to the City Attorney. ' ;
Reed an ent to use this r^ (Modified by the Planning Commission 5 -18-
10)
41. On -site drainage shall be conveyed to a public facility or accepted by adjacent
property owners by a letter of drainage acceptance or conveyed to a drainage
easement.
42. All natural drainage traversing the site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer.
43. All trash and debris including used gas tanks shall be appropriately removed and
disposed of in an approved waste facility pursuant to the City's Franchise
agreement with CRR.
44. The applicant shall defend (with counsel reasonably acceptable to City), indemnify
and hold harmless City, its employees, agents, and officials, from any liability,
claims, suits, actions, arbitration proceedings, administrations proceedings,
regulatory proceedings, losses, expenses or costs of any kind, whether actual
alleged, or threatened , actual attorney fees incurred by the City court costs,
interest, defense costs including expert witness fees and any other costs or
expenses of any kind whatsoever without restriction or limitation incurred in relation
to, as a consequence of or arising out of or in any way attributable actually,
allegedly, or impliedly, in whole or in part to an approval by the City, its advisory
agencies, appeal boards, or legislative body concerning Conditional Use Permit
No. 2001 -05 Lake Elsinore Motocross and BMX Racing and Training Tract) and /or
Mitigated Negative Declaration
AGENDA i+EP� iult,�0.
Opp a
CITY OF
LADE LSIIYOIJE
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 Background
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.
Project Location
The 93.1 acre subject property is located North of Cereal Street and West of Corydon
Street within the East Lake Specific Plan boundary (APN 370 - 030 -012).
AGENDA i Mrd � m
PAC EL
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 rive (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
+:s Y
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 3 of 21
avoid negative impacts of the Motocross
development.
upon anticipated residential
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
AO PA ITEM NO. a
PAria (:2L f l 3
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.
AGO DA A tT 1 a 0.
PAGE 133
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 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
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).
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
AGENVAITEM NO. a
al a33-
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
CUP No. 2001 -05 Lake Elsinore Motocross Facility
MAY 18, 2010
PAGE 9of21
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.
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 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 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 Qualitv
Prior to issuance of grading permit, the applicant shall acquire a Notice of Intent
from the Santa Ana Regional Water Quality Control Board, in accordance with the
City's National Pollutant Discharge Elimination System (NPDES) permit and
comply with appropriate NPDES and Best Management Practices regulations.
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.
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.
r;
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.
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.
A a_l _Ll
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 lbs over two
axles. The road surface shall be all weather surface and non -erode -able. In
addition, a secondary emergency only vehicle access road shall be improved with
similar construction. Currently, shown emergency access road encroaches on a
separate parcel letter of permission shall be required. 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.
A05=A aww no.�
AGEOF 13 3
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
A0ENDA I €
Olc—a-S-L 3J
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.
-AWADA tTiU PiO.�,�____�
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.
AG VA11 -EM NO.
,PACE-
! �d
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.
AC*EWDA ITU NO.
PA 39L OF c 3 3
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.
AGEWDAd1VA1 ._.�L
E -L�3
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:
1. 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
1. 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 CUP conditions conditions as may be amended.
lann�e &
Prepared By: Matthew C. Harris, Senior P
Justin Carlson, Redevelopment Project Analyst
Approved By: Robert A. Brady,
City Manager
Attachments:
1. Lake Elsinore Municipal Code Section 17.168.110 Conditional Use Permits,
Suspension and Revocation
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
AG11T ' a a
PACE_�
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.
17.168.0.60
Findings.
17.168070
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 § 17.74.010].
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 § 17.74.0301.
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-
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 deci
Pion of the Commission rievol4g,..a t+se perlqu, 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 p 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].
17.172.020
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
17.172
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 pplication.
17.172.1.
Va 'ance to run with the land.
17.172.010 Pur ose.
The City realiz s that under certain circum-
stances an applican \etan le attempting to comply
with provisions of ting ordinance as strictly
interpreted may, becf certain physical condi-
tions related to the sich as size, shape, dimen-
sions, topography, ique setting, experience
practical difficulties r unnecessary physical
hazdships which ar listen[ with the ordi-
nance's intended pu is chapter, therefore,
is intended to provi anism whereby the
Planning Commissiy g ant relief from the
applicable provisionhis c de. The ability to
grant variances shall howe er, extend to use
regulations or to public safety re h
such authority is precluded by o
nances or State law. Also, in no ca
the applicant of strict or literal coral
regulation be the primary reason for
variance. [Ord. 772 § 17.76.010, 198
§ 17.76.0101.
Ions because
local ordi-
shall cost to
fiance with a
ranting of a
Code 1987
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
17 -149 AM VA
aE-32_
CITY OF
LADE
TO:
FROM:
DATE:
LSIA0R.,E
DREAM EXTREMEn
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).
Proiect 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:
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
AGLIMSDA t'EN
STATUS REPORT AND REVIEW OF CONDITIONS
APRIL 6, 2010
PAGE 3 of 16
additional materials, staff will schedule this project for Planning Commission
consideration at a public hearing.
Compliance with Conditions of Approval
An inspection of the facility and an interview with Mr. Randy Hiner were conducted on
March 10, 2010 by both Planning and Engineering staff. The status of conditions of
approval which currently govern the facility in association with CUP No. 2001 -05 are as
follows:
Planning Division Conditions
Condition No. 1.
Conditional Use Permit No. 2001 -05 will lapse and be void unless the use continues as
intended within one (1) year of Planning Commission approval.
Conditional Use Permit No. 2001 -15 was commenced within one year of being
approved by the Planning Commission and has been continually operated since.
Condition No. 2.
The Conditional Use Permit shall expire three (3) years from the date of Planning
Commission approval. After that time, the applicant may request that the Community
Development Director or designee extend the CUP on a yearly basis for an additional
twenty -four (24) months not to exceed a total of five (5) years. Should the Community
Development Director or designee receive any legitimate and justifiable concerns or
complaints from the public regarding impacts associated from the operation of the use
which cannot be resolved or the applicant fails to address and resolve, the Community
Development Director shall have the ability to commence proceedings to recommend to
the Planning Commission the revocation of the CUP in a similar fashion and process as
originally considered. The Community Development Director shall also initiate
revocation proceedings of the CUP if or when plans are submitted to the City proposing
residential development for the project site at issuance of building permit for any of the
models for the Specific Plan. Operation of the Motocross Facility will be ceased at the
discretion of the Community Development Director or designee.
In accordance with the City Attorney's previous opinion, a Conditional Use Permit
cannot be conditioned to expire. Therefore, the above condition is not legally binding.
Conditional Use Permit No. 2001 -15 has not expired and is currently an active permit.
Condition No. 3.
The applicant shall demonstrate full compliance with all Conditions of Approval and
staffing recommendations as stated on Condition of Approval No. 6 within 30 days of
Planning Commission approval. Failure to comply with the Conditions and
recommendations shall cause facility to be closed until it is determined by the
Community Development Director or designee full compliance has been met.
AGENDA ti'0 ISM. f
PAGE
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); -_
AGENDA OTG 1 i
AC,OF I33
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.
AGENDA ITEJ11 f .
PAS `I a
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.
prohibits off site ad;49Fti8iqg.
This condition was deleted by the Planning Commission.
Condition No. 12.
Identify if vending machines or structures are included in the snack area. If stru
floodplain. ctures
are present, snack area cannot be allowed because no structures are allowed below the
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.
AGENDA ffEM W.
PA-CF_13 OF, 33
STATUS REPORT AND REVIEW OF CONDITIONS
APRIL 6, 2010
PAGE 7 of 16
Condition No. 14:
Temporary restroom facilities shall be provided at strategic locations adequate to
support ultimate visitor capacity. The Applicant shall furnish the City a copy of a contract
or written proof that these facilities shall be provided prior to continuation of use.
A total of nine (9) portable restroom facilities are currently stored on the project site. The
applicant indicates that these portable restroom facilities are strategically located
throughout the facility on any given day based on the number of race tracks that are in
operation and the number of users onsite. The applicant currently uses Whitehouse
Sanitation to service the restrooms which occurs weekly or on an as needed basis. A
written copy of the service contract has never been provided to the City. However, these
services have been provided consistently since the facility commenced operating.
Condition No. 15.
All motorcycle fueling shall be concentrated in one area (e.g. parking lot) to regulate and
minimize soil contamination. A cash bond will be required to guarantee soil remediation.
If necessary, the bond will be used to remediate contaminated soil. (See Condition No.
10).
The applicant indicates that very few users typically re -fuel onsite given that they do not
operate their vehicles long enough to deplete a tank of fuel. If re- fueling does occur, it is
generally done within the users tow vehicle or trailer. The applicant again indicates that
the cash bond for soil remediation was allowed to be applied to the processing fees
associated with the applicant's current Conditional Use Permit Modification and
Commercial Design Review applications.
Condition No. 16.
The project shall be allowed to operate based on Exhibit B "Detailed Operating
Characteristics" and based on additional recommendations outlined on Conditions of
Approval No. 6 submitted by the applicant with the exception of night operations.
Operations shall be limited to 9:00 AM to dusk.
The applicant indicates that he has operated the facility in compliance with the approved
"Detailed Operating Characteristics" (See Attachment 5) on an ongoing basis with the
exception of Item No. 12 given that no fueling takes place onsite.
Condition No. 17.
For Major Special Events, the applicant shall be required to comply with Section 5.73
(Special Events) of the Lake Elsinore Municipal Code. Night operations for major
special events may be allowed by the Community Services & Development Directors
and subject to additional Conditions of Approval.
The applicant indicates that a variety of special events have been held over time on the
facility grounds including Lucas Oil Races, Rodeos and the Grand Prix. All these events
AGENDA M11 140. a
PAE�0p
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. 98.
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 (see Attachment No. 4) outlines four required issues
requiring mitigation which include the following:
Air Quality
Throughout operations of the Motocross facility, the applicant shall ensure that the
exposed dirt areas are watered a minimum of four to five times daily.
Based on discussions with the applicant, staff believes this mitigation is being complied
with. Moreover, when dust complaints have been received by the City, they have been
quickly addressed by the applicant.
Hydrology and Water Qualitv
Prior to issuance of grading permit, the applicant shall acquire a Notice of Intent from
the Santa Ana Regional Water Quality Control Board, in accordance with the City's
National Pollutant Discharge Elimination System (NPDES) permit and comply with
appropriate NPDES and Best Management Practices regulations.
Engineering Division staff has found no evidence that a Notice of Intent has been issued
by the Regional Water Quality Control Board. See Condition No. 35 below.
Public Services
Dedicate a minimum 96 -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.
PAGE. y 5 OF_La3-
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 EMI'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
AMDAMI 610. d`
3
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.
AGENDA I'MM PIG.
PAGE 4 � 0 131
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.
AGENDA' 6TEa � [to.
GEK
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 pvided;
2) 15.64.400(6) and (C), structural details have not been provided for the existingticket
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.
=WDA ITEM
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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.
AGENDA HUM "U.�._.
PAGE 5 0. .,
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
AOENn,A 1111',k,i
S (. F
STATUS REPORT AND REVIEW OF CONDITIONS
APRIL 6, 2010
PAGE 15 of 16
collected and conveyed by a method approved by the City Engineer.
The Applicant has not provided plans in support of the conveyance of onsite drainage to
the Engineering Division for review and approval.
Condition No. 43.
All trash and debris including used gas tanks shall be appropriately removed and
disposed of in an approved waste facility pursuant to the City's Franchise agreement
with CRR.
The Applicant stated he is not using CR & R for waste removal at the site.
Condition No. 44.
The applicant shall defend (with counsel reasonably acceptable to City), indemnify and
hold harmless City, its employees, agents, and officials, from any liability, claims, suits,
actions, arbitration proceedings, administrations proceedings, regulatory proceedings,
losses, expenses or costs of any kind, whether actual alleged, or threatened , actual
attorney fees incurred by the City court costs, interest, defense costs including expert
witness fees and any other costs or expenses of any kind whatsoever without restriction
or limitation incurred in relation to, as a consequence of or arising out of or in any way
attributable actually, allegedly, or impliedly, in whole or in part to an approval by the
City, its advisory agencies, appeal boards, or legislative body concerning Conditional
Use Permit No. 2001 -05 Lake Elsinore Motocross and BMX Racing and Training Tract)
and /or Mitigated Negative Declaration
Engineering Division staff is unaware of any situation requiring application of this
condition.
Code Enforcement Division Summary
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.
er._
STATUS REPORT
APRIL 6, 2010
PAGE 16 of 16
Prepared By:
Approved By:
Attachments:
AND REVIEW OF CONDITIONS
Matthew C. Harris, Senior Planner &
Justin Carlson, Redevelopment Project Analyst
Tom Weiner,
Director of Community Development
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
AQENDA 1.01 No. 2
CONDITI«iNS OF APP,ROYAL FOR CUI° i+t0. 2001 -OS
ELSINORE M(`flCROSS FACILITY
INTERIM MOTOCROSS FACILITY
pLANNINGDIVISION
(liafrbrmemrr rabicge added by Plan -&S Coieiz&j,n.
. _ engk means deleted verbiage by planning commission)
�- Conditional Use Permit No. 2001-05
intended within one _will lapse and be.void unless the use continues as
(1) year of Planning Commission approval.
2. The Conditional Use Permit shall
Commission approval. expire three (3) years from the date of Planning
PP After that time, the applicant may request that the Community
Development Director or designee extend the .CUP on a yearly basis for an additional
twenty -four (24) months not to exceed a total of five (5) year. Should the Community
Development Director_ or designee receive any legitimate . and justifiable concerns or
eompLtints 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 recotximend 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 th to the City proposing residential.
development For e project site at issuance of building permit for any of the models for the
Specific Plan. Operation of
Community Develo the Motocross will be ceased at the discretion of the
pment Director or designee.
3- The applicant shall demonstrate full compliance with all Conditions of Approval and
Staffing recommendations as stated on Conditions of
Planning Approval No. 6 within 30;;days Planning Commission approval- Failure to comply with Conditions and recommendations
shall cause facility to be closed until it is determined by the Community Development
Director or designee full compliance has been met -
4. The applicant shall be required to conduct Noise Studies (noise readings) every-6-moftms
annitaly (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 deteunined necessary by the Community Development tor� to monitor dust levels emanated from the facility. The applicant shall deposit with the City an amount
equal to the cost of such study plus administrative charges
6. Operation of the facility shall require staffing levels as follows: It has been determined that
in order to guarantee safety and regulate capacities at the facility and each track, the v following number of employees per tract will be required (total 26 employees) (These
employees will be required to wear uniforms identifying them as fac ility employees, e.g.,
Yellow vests or shirts with the wording ,Staff,,):
a- BMX Track — I 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
ne 5 1 3
CONDITIONS OF APPROVAL FOR CUP NO. 2001-05
LAKE FI SSINORE MOTOCROSS FACILITY
INTERIM MOTOCROSS FACILITY
total);
c. 60 to 80 Track 1 attendant to regulate access to track and 2 flag
total); persons in track (3
d. Pee Wee Track - 1 attendant to regulate access to track and 1 flag person in track (2
total);
e. Miiu Track - 1 attendant to regulate access to track and 3 flag persons in track (4
total);
E 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 closer to a$ the qipp,s entrance
°Ivsc- 11rH3F'' '- r r1 `z— �°i%�s
' an elevation of 1,267
msl or above. An additio
nal security booth will be required on the tower area.
8. The applicant shall post a cash bond in the amount of $5,000 to guarantee proper removal
of structures, artifacts, and equipment utilized at the site.
9. The applicant shall post a cash bond in the amount of $20;000 f 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.
12. Identify if vending machines or structures are included in the snack area. If structures are
present, snack area cannot be allowed because no structures are allowed below the
floodplain.
13. The applicant shall be required to prepare a detailed site plan for the 60' X 200' pad area for
the office and storage that will be required to provide temporary landscaping and parking
facilities subject to the approval of the City's Landscape Architect and the Community
Development Director. A fee for the review and approval of the landscaping plan shall be
required. The pad area will be allowed to have a temporary trailer in compliance with
FEMA requirements. The 10'X20' office trailer used for general administration shall be
aesthetically enhanced to include landscaping. Public restroom shall be provided.
14. Temporary restroom facilities shall be provided at strategic locations adequate to support
ultimate visitor capacity. The Applicant shall furnish the City a copy of a contract or written
proof that these facilities shall be provided prior to continuation of use_
%.A€
PASS 3
CONDIT1vNS OF APPROVAL FOR CUP 1-40.2001 -05
LAKE ELSINORE MOTOCROSS FACILITY
INTERIM MOTOCROSS FACILITY
15. All motorcyde fueling shall be concentrated in one area (e.g, parking lot) to regulate and
minimi >e soil contamination. A cash bond will be required to
necessary, the bond will be used to remediate contaminated soil. ( See Condition o.10). If
16. The project shall be allowed to operate based on Exhibit B "Detailed Operating
Characteristics" and based on additional recommendations outlined on Condition of
Approval No. 6 submitted by the applicant with the exception of night operations.
Operations shall be limited to 9:00 AM to dusk..
17. For Major Special Events, the applicant shall be required to comply with Section 5.73
(Special Events) of the Lake Elsinore Municipal Code. Night Operations for major special
events may be allowed by the Community Services & Development Directors and subject to
additional Conditions of ApprovaL
18. The proposed temporary /interim motocross training and racing facility shall be subject to
the Mitigation Monitoring Program in Mitigated Negative Declaration (MND) No. 2002 -02.
19. Prior to the commencement of operations, the applicant shall submit all binders of Liability
Insurance naming the City of Lake Elsinore as additional insured, to be approved by the
City's Risk Management Director (Administrative Services Director) and Community
Development Director or designee. Minimum Liability Insurance shall be for $2,000,000.00.
20. Applicant is to meet all applicable City Codes and Ordinances including American Disability
Act requirements prior to commencement of operations.
21. All site improvements shall be constructed as indicated on the approved site plan (Exhibit
"A') unless modified by Planning Commission action. Revisions to approved plans shall be
subject to the discretion of the Community Development Director or designee.
22. Prior to commencement of operations, the applicant shall sign and complete an
"Acknowledgment of Conditions" and shall return the executed original to the Community
Development Department for inclusion in the case records.
23_ All uses and /or activities not specifically Permitted by this pemvt 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 to ject td
the review and approval by the Fire Chief and the Community Development Director.
25. The entrance access road (from Cereal Road to entrance) shall be clearly defined and
improved to support emergency vehicles a minimum of 60,000 lbs over two axles. The road
surface shall be all weather surface and non - erode -able. In addition, a secondary emergency
only vehicle access road shall be improved with similar construction. Currently, shown
emergency access road encroaches on a separate parcel letter of permission shall be required.
AGEHOAI"sE11 W ry ;
i)
I" i
CONDITIONS OF APPROVAL FOR CUP KO. 2001 -05
LAKE 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 Municipal Code (LEMC) prior to issuance of building permit
27. No improvements shall be made upon all lands below the 1265' fr. 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
commencement of Engineers prior to any
conditions to Perm work along with a review of how the project complies with the special
it 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
ppopriateseocurity.any grading, the applicant shall obtain a grading permit and post
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 needs to be storm wate
submitted to the City for approval r runoff
' AGENDA 17t�l: NO. a
I IMAGE_ G
s
CONDITIONS OF APPROVAL FOR CUP 1JO. 2ool -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 CRR
44. The applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold
harmless City, its employees, agents, and officials, from any liability, claims, suits, actions,
arbitration proceedings, administrations proceedings, regulatory proceedings, losses,
expenses or costs of any kind, whether actual alleged, or threatened , actual attorney fees
incurred by the City court costs, interest, defense costs including expert witness fees and any
other costs or expenses of any kind whatsoever without restriction or limitation incurred in
relation to, as a consequence of or arising out of or in any way attributable actually, allegedly,
or impliedly, in whole or in part to an approval by the City, its advisory agencies, appeal
boards, or legislative body concerning Conditional Use Permit No. 2001 -05 (Lake Elsinore
Motocross and BMX Racing and Training Tract) and /or Mitigated Negative Declaration
No. 2002 -02.
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LAKE 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
AGEPJDA IMI No. a
r CE 1 1 23
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 pan of CEQA environmental review procedures, AB 3180
requires a public agency to adopt a monitoring and reporting program for assessing and ensuring efficiency of
any required mitigation measures applied to proposed developments. As stated in Section 21081.6 of the
Public Resources Code:
"...the public agency shall adopt a reporting or monitoring program for the changes to the project
which it has adopted, or made a condition or project approval, in order to mitigate or avoid
significant affects on the environment."
Section 21081.6 of CEQA provides general guidelines for implementing monitoring and reporting programs.
Spec reporting and/or monitoring requirements, to be enforced during project implementation, shall be
defined prior to final approval of the project proposal by the responsible decision maker(s). Section 21081.6
requires the proposed Mitigation Monitoring Program to be submitted for consideration prior to completion
of the environmental review process to enable the decision maker's appropriate response to proposals. The
Mitigation Monitoring Program is provided as part of the Mitigated Negative Declaration for the Lake
Elsinore Motocross and BMX Facility, pursuant to Section 15074 of the CEQA Guidelines.
The Mitigated Negative Declaration is prepared to evaluate environmental impacts- resulting from
development of the proposed Lake Elsinore Motocross Facility.
Mitigation measures included in this Mitigation Monitoring Program are listed and categorized by impact
topic, with an accompanying discussion of:
❑ The party responsible for implementation of mitigation measure.
• The phase of the project during which the measure should be monitored.
• The method of verifying compliance with mitigation measure.
• The agency responsible for monitoring compliance with mitigation measure.
AGFADA 1TW W0.
PAGE op
AIR QUALITY
1. Throughout operations of the Motocross facility, the applicant shall ensure that the exposed dirt areas are
watered a minimum of four to five times daily.
❑ Responsible for Implementation: Applicant
❑ Monitoring Phase:
❑ Method of Monitoring:
❑ Monitoring Agency:
Throughout project operations
Site inspections
City Planning Division
HYDROLOGY AND WATER QUALITY
2. Prior to issuance of grading permit, the applicant shall acquire a Notice of Intent from the Santa Ana
Regional Water Quality Board, in accordance with the City's National Pollutant Discharge Elimination
System ( NPDES) permit and comply with appropriate NPDES and Best Management Practices
regulations.
❑ Responsible for Implementation: Applicant
❑ Monitoring Phase: Prior to issuance of grading permit
❑ Method of Monitoring: Applicant provide proof of documentation
❑ Monitoring Agency: City Engineering Division
PUBLIC SERVICES
3. Prior to issuance of final occupancy, the applicant shall comply with the following:
• Dedicate a minimum 16 -foot access road adjacent to the existing road. Said road shall be designed to
support a minimum of 60,000 lbs. over 2 axles, all weather surface and non- erodeble. This shall
include the "pit area ".
• Provide a minimum of two parking attendants on weekends and holidays to direct traffic to the
parking area. Parking areas shall maintain a minimum 20 feet unobstructed width and have a
sufficient turning radius at each end to accommodate fire apparatus.
• Ensure that gates are a minimum of 18 feet and can accommodate fire apparatus traveling in either
direction.
• Provide a BLS ambulance and assigned EMT's throughout hours of operation_ Additional
requirements may be established for special events.
• Separate all vehicle fueling and maintenance areas from public assembly or spectator areas by a
minimum of 50 feet.
AGENDA 1-Mu NG. a
2 PAGE
• Post "No Smoking" signs around all areas that contain stored and/orwhere
combustible fuels or solvents are used dispensing flammable or
• Provide a minimum 20 BC rated fire extinguisher in those areas with a maxim
greater than 50 feet. um travel distance no
• Ensure that all flammable and combustible liquid storage and dispensing shall be in accordance with
Antai er 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 Pl
a minimum, describe those traffic control measures and meth an. Said plan shall, at
ods required to ensure congestion will not
congestion is controlled.
occur connecting roadways, staffing requirements, parking plans, and any other measures to ensure
• 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
AGENDA ITETU
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July 27, 2001
Mr. Armando Villa FILE COPY
City of Lake Elsinore
130 S. Main St.
Lake Elsinore, Ca_ 92530
RF-: COnditional Use POrmit No. 2001-05 Application (Formerly CUP No. 96-8)
Project Description:
The proposed project involves operation of a commercial Motocross and BMX Practice and
Racing facility. The BMX Facility includes a single track approximately BM acres in size. The
Motocross Facility includes the remaining areas of the subject site approximately 60 acres and it
includes a Pee Wee Trac Vinta r ck, Main Track and a Professional
— _k e Tract 60 Rn T
Supercr_ Training and practice Track_ Operating Characteristics are as follows:
BNX 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 at one time: 10
Number of employees supervising operation: 1 General Manager, I EMT and 1 Flagger
Operational Characteristics: The Pee Wee track operation consists of 50cc motorcycles
running at speeds of 10 -15 MPH around a track which is approximately 600 feet long. The
Operation involves practice. The level of risk involved is minimal. Riders must show the ability
to ride before they can be allowed to participate. Riders are required to provide and wear safety.
AG B$ti.
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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 thin Sunday
Maximum Number of bikes on track at one time: 35
Number of employees supervising operation: 1 general manager, 1 Emt and 3 Faaggers
Operational Characteristics: The Vintage Track operation consists of 125 cc1250cc
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. hiders 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, goggl
kidney belt, knee pads and elbow pads. es,
60-80 Track-
Track Size/Area: 3.25 acres
Hours/Days of operation: From 9 am to Dusk, Monday thru Sunday
Maximum Number of bikes on track at one time: 15
Number of employees supervising operation: 1 general manager, 1 Emt, 1 flagger
Operational Characteristics: The 60 -80 Track operation consists of 60 cc/80 motorcycles
running at speeds of 15 -20 MPH around a track which is approximately 1250 feet long. The
operation involves practice. The level of risk involved is minimal. Riders must show the ability
to ride before they can be allowed to participate. Riders are required to provide and wear safety
gear which includes helmet, boots, pants, jersey, gloves, chest protector, goggles, kidney belt,
knee pads and elbow pads_
Main Track-
Track Size/Area: 15.75 acres
Hours/Days of operation: From 9 am to Dusk, Monday thru Sunday
Maximum Number of bikes on track at one time: 45
Number of employees supervising operation: I 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
PAC
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
ional upercross Trainin Track:
Track Size /Area: 3.25 acres
Hours/Days of operation: From 9 am to Dusk, Monday thru Friday from Oct thru Feb
Maximum Number of bikes on track at one time: 8
Number of employees supervising operation: 1 general wanager, 1 Emt and 4 tlaggers
Operational Characteristics: The Professional Supercross Training Track operation consists of
125 cc/250 cc motorcycles running at speeds of 20 -30 MPH around a track which is
approximately 1300 feet long. The operation involves practice. The level of risk involved is
medium. Racers must be a licensed AMA professional before they can be allowed to participate.
Racers are required to provide and wear safety gear which includes helmet, boots, pants rsey, , je
gloves, chest protector, goggles, kidney belt, knee pads and elbow pads.
The entire facility will be managed by 3 managers. A total of 3 employees will be supervising
operations on a daily basis. Besides administrative functions, the tracks will require maintenance
which involve the following:
Equipment Used: John Deere L90 5 yard loader,Cat D4 Dozer with 5 tooth ripper bar and slope
board, John Deere 31 OLE Skip Loader with 6 tooth ripper /gannon, (2) Ford Sterling 32,000
GV W single axle water trucks with 2;000 gallon water capacity, Water Storage Tank with 10,000
gallon water capacity with drop feed for water trucks, 45KW generator, 500 gallon diesel fuel
tank_
Track Repair- On Monday and Tuesday of each week we do major repairs for the upcoming
weeks riding. Utilizing the above equipment, we have 3 experienced tractor operators and
2 experienced water truck drivers with the workday.starting at 5AM and ending at SPM. During
this time we go over all the tracks and reface all the jumps to insure the integrity of the faces and
slopes. In addition to refacing the jumps we also rip the track open to allow moisture into the
soil to help with dust control. To recap, between Monday and Tuesday we use 120 man-hours of
labor and lay down 268,000 gallons of water.
Track Maintenance. For the days of Wednesday thru Sunday we prepare the tracks for each
days riding_ Utilizing the above equipment, we have 2 experienced tractor operators and 2
experienced water truck drivers with workday starting at 5AM and ending at 9AM. During this
time we fix the jump faces as needed, spot water the tracks for dust control and drag the tracks to
keep get rid of the big clumps of dirt for safety purposes_ From 9AM until 2PM while the
tracks are in operation, we use 2 water trucks for dust control- During this time we cycle
water the tracks, while also watering the roads and parking lot. We lay down
approximately 112,000 gallons of water during the 9AM to 2PM shift. At 2PM until 4PM
we re-rip the tracks which loosens up the dirt on the tracks for better traction and dust control for
AZEUDA I E2,53f40.
PACE (0�0F_13-3
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 closing we continue
to cycle water the tracks, while also watering the roads and parking lot Once the tracks close
we begin preparation for the next day between 8PM and I IPM. The night preparation consists
of ripping and watering the tracks which allows the moisture to soak into the soil all night to
help with the next days dust control and traction. To recap between Wednesday and Sunday we
use 205 man -hours of labor and lay down 1,120,000 gallons of water.
Questions from Site Plan
h. Q - How many shifts do you have?
A - 2 shifts - 5 am to I pm and Ipm to 9 pm
Q - How many people per shift?
A - First shift (5 am - 1 pm) - 2 tractor operators
Weekdays. 2 water truck drivers
1 emt
I general manager
1 front both cashier
Second shift (1 pm - 9 pm) 1 tractor operator
Weekdays 2 water truck drivers
1 emt
I general manager
1 front booth cashier
On weekends the staff is increased as follows:
2 tractor operators
2 water truck drivers
2 emt's
1 general manager
2 front booth cashiers
10 flaggers
1 pit patrol person
Q - Who's ultimately responsible for the facility?
A - General manager for day to day operations.
Q - Is there a manager on site at all times?
A - Yes
2. Q - Provide specifics on equipment used to water, grade, etc.?
A - See detailed equipment description from "Project Description ".
Q - Do we have qualified grader operators?
A - Yes, our operators have experience ranging from 5 to 20 years.
AGENDA ITEM NO
1 =A _(p_OF 13 3
Q - Is this person also in charge of watering and supervising a track?
A - From 5 am - 8 am our main tractor operator is in charge of supervising water truck
drivers as to where and when to water the tracks. From 8 am until close the general
manager Oversees- he 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 waWe talkie and can be
reached at any time.
0E or 133
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.
M.P. TRACK RULES
L 5 MPH IN ALL PTI' 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) 5434600 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
1voE°a�£m1 1 t . d
aI
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9:00 a.m_ to `Lusk /Managers Discretion
41U1fi'e
$15.00 per rider
_01 fitrac1nf >n cal} >.44 -3585
(OQ9)- 496 -4880
So that_ everyone can have a safe & enjoyable
riding experience, please observe the following rules.
rr r r - k speed
linut in all areas
P A r .. _ _
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.
LADE ELsINoRE
M'OTO,CROSS AND BMX FACILITY
CONDITIONAL USE PERMIT NO. 2001 -05
INITIAL STUDY 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
.
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 Ewdronmental 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, Title 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
2 l+eisi30l'iB$P rWNo....
E,. � _ 13 3
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 reviewprocess
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 agences 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.
I. 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.
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 document 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 E1Rs 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 1 S 152(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
4 ASENDA l NO.
3
PAGC_ 3
program to an EIR ok negative declaration for another plan, policy; or program of lesser scope, or to
a site - specific EIR or negative declaration."
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 EM ornegative declaration c 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 of Negative Declaration relies on a broadly - shafted EIR
for its evaluation of cumulative impacts of related projects (Las VrgenesHonteownersFederation v.
County ofLosAngeles [1986,177 Ca.3d 300D. If an EIR or Negative Declaration relies on information
from a supporting study that is available to the public, the EIR or Negative Declaration cannot mation
deemed unsupported by evidence or analysis (San Francisco Ecology Center v. City and County ofSan
Francisco [1975, 48 Ca:3d 584, 595)]. 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[aD. 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[bb. 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[cb. 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[db. The State Clearinghouse Number for the East Lake EIR
is 92092027.
iWMMA 1t W,
PAR -2 b f `33
• The material to be incorporated m this document will include general background information
(CEQA Guidelines Section 15150[g.
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 VIII.B.9.2.2. (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.
6 AGU40A FFmki assn. -
E -t- OF 133
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 is
believed that a great deal of infrastructure improvements will be necessary. and may delay implementation
of the Spec 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
I Lead Agency Name and Address: City of Lake Elsinore; 130 South Main Street; Lake Elsinore, CA
92530
I 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
PAGE 1 L I; 33
rm
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 p 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.
® I 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.
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.
r] 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.
Dace
Duane Morita, Senior Planner
a) k.onthct with or obstruct implementation of
the ap2licable air qu alit lan?
Less Than
Significant
Potentially
With Less Than
Significant
Issues
Mitigation Significant No
Iva act
Inco ration Im act Impact
a Have a substantial adverse effect on a
n t
scenic
vista?
X
6 Substantially dama a scenic resources,
including,
c) Result in a cumulatively considera le net
but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic hi hwa ?
X
c' Su s[anfially deggrraade the existing visual
character or uality of the site and its
surroundings,
X
d) . Create a new source of substantial light or glare,
project region is non - attainment under an
applicable federal or state ambient air quality
which would adversely affect day or nighttime
views in the area?
X
S �t
ft�
^3
�e�
x R NOW
t
At
« � vd�to ase �tlds �?�
r 1`
C `'l VII n OW a "ept' Of
e a
7? iotF:> ?[3e altd tar d.
vEY
a) Convert Prime Farmland, Unique Far and or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program
X
of
the California Resources Agency, to non-
a ricultural use?
CE) Exppose sensitive receptors to substantial
ollutant
6 Conflict with existing zoning for agricultural
X
use or a Williamson Act contract?
X
c Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
X
to non -a ricultural use?
x jg°ce
giYah,^ rzz> art�ageYneisi�" �' r��r��i'tian�controldishctismmva
yak) �taliis7ib<y theca Ircable air.
ti a,. �, au � }PAP
a) k.onthct with or obstruct implementation of
the ap2licable air qu alit lan?
X
b Violate any air quality standard or contribute
substantially to an existing or projected air
unlit violation?
X
c) Result in a cumulatively considera le 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 )?
CE) Exppose sensitive receptors to substantial
ollutant
X
concentrations?
e) Create objectionable odors affecting a
substantial number of people?
X
PA1 2)o 133
a) rxpose people or structures to potential
substantial adverse effects, including the risk of
loss. iniurv. or death involvine:
Less Than
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant
No
Issues
Im ad
Inw oration
impact
Im act
fi
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 regional Mans,
regulations, or bythe California
R
Eolicies,
e artment 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 (including, but not limited
to, marsh, vernal coastal, etc.) through
%
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 local policies or ordinances
protectin; biological resources, such as a tree
X
reservation poli or ordinance?
Conflict with the provisions of an adopted
Habitat Conservation Plan, Natural Community
X
Conservation Plan, or other approved local,
regional or state habitat conservation lan?
L "4rltiie ,o
eQe:
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 S 15064.5?
c Directly or indirectly destroy a unique
paleontological resource or site or unique
X
logic feature?
d) Disturb any human remains, including those
X
interred outside of formal cemeteries?
a) rxpose people or structures to potential
substantial adverse effects, including the risk of
loss. iniurv. or death involvine:
Landslides? X
Result in su stanti so' erosion or t e oss o
to 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 liquefaction or collapse? X
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
_� __rr�• -• °
the use o septic tanks or alternative wastewateb r
disposal systems where sewers are not available X
for the disposal of wastewater?
Create a significant hazard tot the public or the
environment through the routine transport, use X
or dis osal of hazardous materials?
Create a significant azard to the public or the
environment through reasonable foreseeable
upset and accident conditions involving the X
release of hazardous materials into the
environment?
Emit hazaz ous emissions or handle azazdous
or acutely hazardous materials, substances, or
waste within one - quarter mile of an existing or X
ne tocatea 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 X
ublic or the environment?
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 theproject result in a X
safety hazard for people residing or working in
the project area?
ACGn 1 ITENI NO.
Significant
Potentially
With
Less Than
Issues
Significant
Mitigation
Significant
No
Rupture of a known earthquake fault, as
act
Into oration
Impact
Im a.
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.
Landslides? X
Result in su stanti so' erosion or t e oss o
to 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 liquefaction or collapse? X
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
_� __rr�• -• °
the use o septic tanks or alternative wastewateb r
disposal systems where sewers are not available X
for the disposal of wastewater?
Create a significant hazard tot the public or the
environment through the routine transport, use X
or dis osal of hazardous materials?
Create a significant azard to the public or the
environment through reasonable foreseeable
upset and accident conditions involving the X
release of hazardous materials into the
environment?
Emit hazaz ous emissions or handle azazdous
or acutely hazardous materials, substances, or
waste within one - quarter mile of an existing or X
ne tocatea 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 X
ublic or the environment?
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 theproject result in a X
safety hazard for people residing or working in
the project area?
ACGn 1 ITENI NO.
12 AZ 6i Mal
GE _OF 133
Less Than
a Violate any water quality standards or waste
X
Significant
discharge requirements?
-
Potentially
with
Less Than
Su stantia y deplete groundwater supplies or
interfere substantially with groundwater
Significant
Mitigation
Significant
No
Issues
Im act
Inc o oration
Impact
- Tm act
fl For a project within the vicinity of a private
airstri would the result in a safety
groundwater table level (e.g., the production
p, project
hazard for people resi - or working in the
X
X
rate of pre - existing nearby wells would drop to
g
ro ect area?
a level which would not support existing land
uses or planned uses for which permits have
Impair implementation of or physically
been granted)?
interfere with an adopted emergency response
X
plan or emergency evacuation plan?
_V _E
alteration of the course of a stream or river, in a
0 or structures to a significant risk
of oss, mlury or death involving wildland foes,
including
X
manner which would result in substantial
where wildlands are adjacenti to
urbanized areas or where residences are
X
intermixed with wildlands?
d) Substantially alter the existing drainage pattern
of the site or area, including through the
12 AZ 6i Mal
GE _OF 133
a Violate any water quality standards or waste
X
discharge requirements?
Su stantia y 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 granted)?
c Substantially alter the existing ramage 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 contribute runoff water which would
exceed the capacity of existing or planned
stormwater drainage systems or
X
provide
substantial additional sources of polluted
runoff?
Otherwise substantially degrade water quality?
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 map)
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
X
flooding as a result of the failure of a
levee or dam?
Inundation by seiche, tsunami, or mudflow?
X
I
a Physically divide an established community?
X
12 AZ 6i Mal
GE _OF 133
wmuct witn any applicable land use plan,
Folicy, or regulation of an agency with
Iunsdiction over the pro)'ect (including, but not
limited to the general plan, spec plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
Conflict with any applicable habitat
conservation plan or natural community
a�esun in the toss of availability of a known
mineral resource that would be a value to the
region and the residents of the state?
important mineral resource recovery site y
delineated on a local general plan, spec plan
or other land use elan?
napusure or 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 avPnrinc)
i- npusure or persons to or generatic
excessive groundborne vibration or
groundborne noise levels?
permanent increase -in ambient
the project vicinity above levels
., suostannai temporary or periodic increase in
ambient noise levels in the pro)'ect vicinity
above levels existing without the project)
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?
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?
Y pu =nevi= gruwtn in an
area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
. r
=ap.a« suustantiat numoers of existing
housing, necessitating the construction of
necessitating the construction
housing elsewhere?
Significant
Potentially With Less Than
Significant Mitigation Significant No
I
1/
X
13 >tfaEWA ffUU1
PACE,..,.
X
X
X
X
X
X
X
X
X
13 >tfaEWA ffUU1
PACE,..,.
14 MOUVA iivaiwrsac. -.
Less Than
Significant
Potentially
With
Less Than
Significant
Mitigation
Significant
No
Issues
Impact
Incorporation
hat act
Impact
}
.0
HQ.* •. - iCeTdiOS,
TCSpOISE
a Fire protection? X
b Police protection?
X
c Schools?
X
d .Parks?
X._ ...
e er ublic a _ties?
X. . .
o- - m �..�_:...'*�'s
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?
b 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
county congestion management agency for
X
designated roads or highways?
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
X
safety risks?
d) Substantially increase hazards due to a design
feature (e.g., sharF curves or dangerous
intersections) or incompatible uses (e.g., farm
X
equipment)?
e Result in inadequate emergency access?
X
Result in inadequate parking capacity?
X
Con ice with adopted policies, plans, or
rograms supporting alternative transportation
X
e. -., bus turnouts, bicycle racks))
I 1 � x ... ui ., °. F ) Ftd k EM ..1!
ou da ft �'
4 ck
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 MOUVA iivaiwrsac. -.
Issues
Require or result in the construction of new
storm water drainage facilities or expansion of
existing facilities, the construction of which
_— auiuuent water supplies available to serve
the project from existing entitlements and
resources or are new or expanded entitlements
lwsun m a aeternunatiou -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
to accommodate the project's solid
posal needs?
state, and local statutes
1 to solid waste?
, vcs me 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
— uavc impacts that are
individua y invited, 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
cause substantial adverse effects on
15
X
AGSHOA frETA a
ARM S 6 OFD
Significant
Potentially
with
Less Than
Significant
Mitigation
Significant No
Im act
Incor oration
Im act Im act
X
X
X
X
X
FX
F
F
X
AGSHOA frETA a
ARM S 6 OFD
IV. ENVIRONMENTAL ANALYSIS
This section provides an evaluation of the impact categories and questions contained in the Environmental
Checklist.
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 nor
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 XOMA MW a
B?1 OF .
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 in 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 dirt
areas a minimum of four to five times daily.
17 A L
6e 9' 1�I .
ice
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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 AGENDA ITEM NO.
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan? No
Impact
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 Speck 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 Im act
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
AflDA1rw no.
PACE 13 3
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 Southem 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 YIR, pages 4 -37 to 4 -53, 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 L aLT.JUA 1 rm= rte.
4bF
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 Im2act
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 Imp
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 Im act
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 Impact
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.
EJ 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 AGENDA UEM _
q OF
MITIGATION MEASURES
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 (BMP) regulations is required since the 93 -acre project site
exceeds five acres. Compliance with NPDES and BW 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 permits 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 BW regulations ensures
that significant water quality impacts will not result with the project and violation of standards, ; and
requirements will not occur.
22 AGENDA lTM N10._
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 offshe 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.
IX LAND USE AND PLANNING
a) Physically divide an established community? Less Than Significant Im acct
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 !W act
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
AGENDA IT &I NO.
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 Impact
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 cut -
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
dtm5VwDA Hr-kill OF
POLG6 3_
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
noise. will 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 Significant Impact
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 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.
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 Im act
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 J LQ_;WDA flap,§ W
W'
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.
XIII. 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 Sheriff's Department. The nearest
sheriffs 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 AC,ELMn ITSI s a.t_ d� m
MITIGATION MEASURIa
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 foll owing 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 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.
• Post "No Smoking" signs around all areas that contain stored and/or where dispensing flammable or
combustible fuels or solvents are used.
• Provide 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.
MV. 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
Im act
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
AGE140A IT EWI NO. a
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
AGENDA IRM N.
PACE q Q or-
XVL UTILITIES AND SkRVICE 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 Fact
The proposed project is not of a land use or scale that would significantly impact solid waste services or
facilities.
29
AGENDA 1FEi41
PACE 100 1 --�
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 AGENDA iYEM NO
PACE 104 of J-3-3-
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• Armando G. villa, Planning Manager
• Duane Morita, Senior Planner
• Ray O'Donnell, City Engineer
B. OTHER 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
1. "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.
APPENDIX 1
NOISE STUDY
32
AcERE�i,i s cis
PAm lO q ,�
U
ct
U
O
r
ct
e-1
ti
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 any hour (LSO)
Daytime
50 dB(A)
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 (L2)
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 comer 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: 949/829 -6670
www.wielandassoc.com
AGENDA ITEM
PAGE -(O5 of,
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
Uactivities 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
(/] 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
(� 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
Cn
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.
2
Ac.t�a
PACE 106 l
CITY OF LAKE E[SINORE
Project FL 33402
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,
LAND ASSOCI INC.
avid. L. Wieland
Principal Consultant
U
O
cc3
N
Jonathan Higgir on`
Associate Consultant
3 AGENDA ITEM No .
PAGE
107 133
APPENDIX I
Noise Measurements
U
-N
ct
U
O
cld
4J
PACE F
Table I. Noise Survey
Project: Lake Elsinore Motocross Facility
Position: 91, comer of Victorian Lane and
W ildomar
Date: February 16, 2002
Time: Noted
Noise Source: Traffic, aircraft, commercial activities,
motocross facility
Distance: Varies
SLM Height: 5'
LD 820 S/N: 0996
LD CAL250
Measurement Period
Calibrator S/N:
2996
Operator:
Jonathan L. Higginson
80.0
75.0
a 70.0
v 65.0
> 60.0
b
J
h 55.0
0
z 50.0
45.0
40.0
ro
Symbol:
x 20 40 60 80 100 Source:
Percent of Time Noise Level is Exceeded
■
* 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
RGsa�v ae>,� ed®.
PAGE (09
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:
x 20 40 60 80 100 Source:
Percent of Time Noise Level is Exceeded
■
* 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
RGsa�v ae>,� ed®.
PAGE (09
Table Z 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
n*
Calibrator SIN:
2996
Operator:
Roberta R. Wieland
OV.V
75.0 ,
70.0 ----- -- - - -- - -- --
65.0 - -- - --
d60.0 ----- ------- `-- --- -- -- - -'
y
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.
HTELAND ASSOCIATES, INC. d'cGODA l3 's3 so, .1
PAGEJJ 1) —OF
F.,�
Measurement Period
11:45 AM
to
1:05 PM
to
to
n*
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.
HTELAND ASSOCIATES, INC. d'cGODA l3 's3 so, .1
PAGEJJ 1) —OF
F.,�
Table 3. Noise Survey
Project:
Lake Elsinore Motocross Facility
Position:
0, end of Skylark Drive
Date:
February 16, 2002
Time:
Noted
Noise Source:
Traffic, aircraft, motocross facility
Distance:
Varies
SLM Height:
5'
LD 712 S/N:
0556
LD CALI50
Calibrator S/N:
2206
Operator:
Cynthia M. Bordash
80.0
75.0
70.0
z 65.0
> 60.0
a
H 55.0
z 50.0
45.0
40.0
0 20 . 40 60 80 100
Percent of Time Noise Level is Exceeded
Symbol: ♦ ■ A
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.
AGENDA 9TSM ice.
L1 OF I3:3'
Measurement Period
11:55 AM
to
1:14 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: ♦ ■ A
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.
AGENDA 9TSM ice.
L1 OF I3:3'
APPENDIX 2
COMMENT LETTERS
AGENT MIT NO. __Z
33 PAGE „ _
DAVID P. ZAPPE
meral Manager-Mief Engineer
a`o`�pBRrf fLafoC
4 �
s w
'ter
,nf�ffrfdTt�u,`S
RIVERSIDE COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
City of lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
Attention A K M A N D O a 1/1 u A
Ladies and Gentlemen: Re:
1995 MARKET STREET
RIVERSIDE, CA 92501
909.955.1200
909.788.9965 FAX
CITY OF ME ELSINOI
RECEIVED
NOV 0 7 2001
PLANNING DEPT.
_C—DP 2001 - nS
The District does not normally recommend conditions for land divisions or other land use cases in
Incorporated cities. The District also does not plan check city land use cases, or provide State Division of
Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for
such cases are normally limited to items of specific Interest to the District including District Master
Drainage Plan facilities, other re flood control and drainage facilities which could be considered a
logical component or extension of a master plan system and District Area Drainage Plan fees (development
mitigation fees). In addition, information of a general nature is provided.
The District has not reviewed the proposed plroject 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 safety 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.
_yG 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. Llf.f E E OF S E D G, 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 Distrrc wou consider
accep ng owners ip o such c r es on wn n 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 a ;app tca a tees should a paid by
cashier's 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 Eme ency Management Agency (FEMA) mapped flood plain, then the City
should reqquire the applicant to proviiTe ail studies, calculations, plans and other information required to
meet FE MA 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 mapped flood plain is i
applicant to obtain a Section 1607 /1603 Agreement fr
Clean Water Act Section 404 Permit from the U.S. Am
these agencies indicating the project is exempt fron
Water quality Certification may be required from the
prior to issuance of the Corps 404 permit
c:
5 kt1
by this project, the City should require the
;alifomia Department of Fish and Game and a
of Engineers, or written correspondence from
:quirements. A Clean Water Act Section 401
Water
Very truly yours,
STUART E. MCKIBBIN
Senior Civil En weeer�,
Date: 1 r " to 01
AC OA t .
j> l t,, 13,3
Tom Tisdale
Fire Chief
xi VERSIDE COUNTY
FIRE DEPARTMENT
In cooperation with the
California Department of Forestry and Fire Protection
210 West San Jacinto Avenue ..Penis, California 9257o . (909) 940.8900 , Fax (909) 940 -6,910
January 24, 2001
,may saving the W. Randy Hiner
alincorporated 31919 Cereal St
reasofRivprside LaheElsino e
Umnty and the p CA 92530
Sues of:
mains RE: Conditional Use Permit No. 96-8, Lake Elsinore Championship MX
eaumont
c Dear Mr. Hiner
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
Daehella measures to mitigate them below.
=sat Hot Springs
Access:
Tian Wells j
lio Access has become a major issue as the popularity of the sport grows. Participation of
c local pro riders has drawn spectators well beyond what was proposed on the original
ke Elsinore CUP
Quints
1. A dedicated access road a minimum of 16 feet.shall be required adjacent to the
rcetto Valley existing road; it shall be designed to support a minimum of 60,000 Lbs over 2
m Desert axles, all weather surface and non- errodible. This shall include the "pit area ".
le
ris 2. A minimum of two parking attendance shall be required on weekends and
Icho M rage 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
Jacinto end to accommodate`°ftre apparatus.
tecula
3. Gates shall be a minimum of 18 feet and accommodate fire apparatus traveling
d of Supervisors either direction.
3uster, Rescue and life- safety issues:
District 1
ravagliouq 1. A BLS ambulance shall be required in addition to assigned EMT's on weekends,
District 2 holidays and at all times when professional riders participate. Additional
enable,. requirements for special events will be addressed through the special event
District application process.
✓ikon,
District 4
4ullen,
District S
AGF118€ "lid
M l ly 33
L
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:Cr.
rated fire extingjr her shall be required in those areas with a maximum travel
distance no greater than 50 feet.
i
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
Tom Tisdale
County Fire Chief
V5/ [�i1l.G�i�y�Cl
By: Brenda Seabert.
Lake Elsinore Battalion Chief
AGENDA ff E.11 N0.
PAcE. !IS or. 13
RIVERSIDE P&E CALIFORNIA DEPARTMENT OF FORESTRY INDIO P&E
909- 955 -4771 Fax 909 - 9554886 RIVERSIDE COUNTY FIRE DEPARTMENT' 760 863 -8886 Fax 7WS63.7072
4080 Street, 2nd Floor HEADQUARTERS 82-675 Highway 111, 2nd Floor
Riverside, CA 92502 -1549 210 WEST SAN JACINTO Indio, CA 92201
PERMIT /CASE #
FACHM NAME
ADDRESS 31 1
PERRIS, CA 92570
INSPEMON LOG
COMPLIANCE ORDER Page k of
Notice No: FN.4L,
Date: 5 11p lo I
stiff Phone:
The items listed below are in violation /requirements of one or more of the following:
UNIFORM FIRE CODE}1M" -7q UNIFORM BUILDING CODE:
RIVERSIDE COUNTY FIRE ORDINANCE CALIF. HEALTH & SAFETY CODE (1= )
OTHER
!JT�/EL DfSPQ+Sv� -�G:
A� CPrKk1 �'6W CAY�f.B. of \�GY.I1W� X00°%6 O� Q�1CSV.v�.R.
'Bi•, eXJ StMUC.yU� <JCcr7S
C:� tg4ppRVr7C jozFLwL
a73]IDvw�rcD F'teE DePArzrmnvi Rccrt55'.
A] Ct��tJww,1 1� -
�� D�tuJD �0 S�o¢Z A tY.w wyN+ ld� O� �.BS Cal iU(.. a- A xLES
Measures shall be tqgk &n to correct listed violations /requirements. A reinspection will be conducted on or about
FAILURE TO COD 'I;S MAY RESULT IN LEGAL ACIION OR SIGNIFICANT DELAYS OF APPROVALS.
Received B;_ Title . fln . v
Fire Inspector Radio I.D. e�,31 let
FOR FURTHER INFORMATION PLEASE CALL
Phone &W 21101 a
F9n 26.nA 0? -,11M) - A01310A a r"�-°A No.
PAGE (I k _oF 133
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
AGENDA IM I PAGE �J, OF
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,
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 fiill 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
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,
R CEIVED
MAY 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
AGENDA ITEM WO. �-
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:
RECEPYED
MAY 12 '/f1;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 -70) and Residential Design Review No. 2005 -27 (Resolution 1008 -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.
Af +iw' wn a e miss
L a-6
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,
@ . 0'1r'
Jason Kamm
AGENDA ff E13
PAGE la ( I?3
CITY OF LAKE ELSINORE BUIIDINGAND SAFETY DIVISION
Date: —//7
NOTICE
0 Stop Workrf� �Correct Work
Job Addreis
Permit Numberia9"'� /,G/}sC,ljjt;/.(,o
/ l MR :
Division iri'spector n�G
PAGE-1--)'-D- O 133
ARI Lake Elsinore, LLC
16661 Mentura Blvd
Sui[e # 712
Encino, Ca. 91436
Phone: 818 -325 -8842
Fox: 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
AG�'als:.� g .i a • �� ®133
CITY OF LAKE ELSINORE
PLANNING COMMISSION MEETING
MINUTES
MAY 18, 2010
CALL TO ORDER
Page 1 of 10
Chairman Flores called the regular meeting of the Lake Elsinore Planning
Commission held on Tuesday, May 18, 2010 to order at 6:00 p.m. in the Cultural
Center, located at 183 N. Main Street, Lake Elsinore, CA 92530.
PRESENT: Chairman Flores, Vice - Chairman Gonzales, Commissioner
Mendoza, Commissioner O'Neal, Commissioner Zanelli
ABSENT: None
Also present: City Manager Brady, City Attorney Leibold
Staff members present included: Redevelopment Agency Analyst Carlson,
Associate Planner Resendiz, and Office Specialist Porche'.
CALL TO ORDER (6:00 P.M.)
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Vice - Chairman Gonzales.
ROLL CALL
All Commission members were present.
PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES
Patrick Germon, gave his name and address. He indicated that he was in
attendance at the Planning Commission meeting to discuss the future of Armory
Hall, the oldest public building in the City of Lake Elsinore. He requested that the
Commission address the utilization of the building and referred to the ADA
requirements. He recommended that the building be used for a church and
requested that the Commission Grandfather in Armory Hall.
City Manager Brady indicated that Armory Hall is a very old structure and the City
does want to keep the structure in town. He indicated that a CUP is still required
for a church, and ADA requirements do need to be addressed.
AGE oA nal No. a
PAGE 124 OF �
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 2 of 10
CONSENT CALENDAR
(1) Approval of Planning Commission Minutes
Recommendation: Approve the following Minute(s)
• April 6, 2010
MOTION was made by Vice - Chairman Gonzales, seconded by
Commissioner Zanelli to approve April 6, 2010, Planning Commission
Minutes.
AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli.
NOES: None.
ABSENT: None.
PUBLIC HEARING(S)
(2) Conditional Use Permit No. 2010 -02: A request to establish and operate a
church at an existing building located at 169 North Main Street, within the
Lake Elsinore Historical Downtown District
Recommendation:
Staff is requesting that this project be continued to allow staff additional
time to further work with the applicant to address project concerns related
to the change of occupancy and requirements by the Building and Safety
Division and Riverside County Fire Department. Therefore, with the
consent of the Planning Commission, staff requests that this item be
continued off calendar.
City Manager Brady recommended that this item be continued off calendar
at this time.
MOTION was made by Commissioner Zanelli, and seconded by
Commissioner Mendoza to continue Conditional Use Permit No. 2010 -02 off
calendar.
AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli.
NOES: None.
ABSENT: None.
(3)
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 3 of 10
Facility
City Manager Brady provided an overview of the project and requested
that Redevelopment Agency Analyst Carlson review it with the
Commission and answer questions.
Redevelopment Agency Analyst (RDA) Carlson noted to the Planning
Commission specific corrections to the following Conditions of Approval:
• Condition No. 5
• Condition No. 15
• Condition No. 17
RDA Carlson indicated that per the request of the Planning Commission
the project was being reviewed again for a possible modification,
suspension, and /or revocation of the existing CUP. He stated that on April
27, 2010, and April 30, 2010, Planning and Engineering staff met with the
applicant, Mr. Hiner to discuss the various Conditions that were supposed
to be modified. RDA Carlson provided to the Commission a list of
Conditions that were either in non - compliance or needed modification. He
indicated that staff was recommending continuance of the project and
requested that the Commission direct staff to prepare revised Conditions,
modifying the existing CUP and the revised /modifications of Conditions
would be presented next Planning Commission meeting for review within
the next ninety days.
The applicant, Randy Hiner, stated his name and address. He indicated
that he met with staff on April 27, and April 30, 2010, to review the
Conditions and to work towards getting the Conditions into compliance
within a short timeframe. He stated that he agreed with staffs
recommendations and noted that there were a total of forty four
Conditions, of those, twenty four Conditions were completed. He
requested that nine Conditions be modified and indicated that eleven
Conditions have not been completed.
Commissioner O'Neal requested clarification regarding Condition No. 2,
and recommended modifying this Condition.
City Attorney Leibold proposed that the Community Development Director
initiate revocation proceedings if project plans that are submitted to the
City are inconsistent with existing use in accordance with the General Plan
and applicable Specific Plan.
AGENDA ITEM No. o'Z
IaACe la(o
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 4 of 10
Commissioner O'Neal requested that Condition No. 4 be deleted
regarding Noise Studies /Noise Readings because it is subjective and
therefore, unenforceable.
Chairman Flores referred this request to City Manager Brady.
City Manager Brady indicated that if there is a noise complaint, it is difficult
to measure.
Chairman Flores asked City Attorney Leibold if the requirement was a
necessity in order for the CUP to be in compliance.
City Attorney Leibold stated that the Planning Commission can include,
delete, or modify a Condition, as it sees fit, and noted that this was not a
legal issue.
Chairman Flores stated that he does not want Condition No. 4 deleted and
suggested modifying the Condition.
Commissioner Zanelli indicated that he does not want Condition No. 4
deleted.
Commissioner Mendoza stated that he has no problem with Condition No.
4.
Commissioner Gonzales stated that he has no problem with Condition No.
4.
Chairman Flores requested clarification from City Attorney Leibold
regarding requirements regarding Noise Study /Noise Readings for
current/future developments.
City Attorney Leibold stated that the requirement for a Noise Study /Noise
Readings are to be conducted annually or sooner if the Community
Development Director requires it and the modification consented to by
staff as discussed with the applicant is that a Noise Study would be
conducted only at such time as Code Enforcement receives ten or more
complaints on any given day.
Commissioner Zanelli and Commissioner Mendoza indicated that they
would like to leave the requirement of a Noise Study at the discretion of
the Community Development Director.
Commissioner Zanelli wanted clarification regarding Condition No. 5
City Attorney Leibold stated that the mitigation measure required
regarding the air quality in connection with the CUP is that through out the
AGIRM ITEM NO..,_..,;L_
IMAGE l a'7 oF—L3 3
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 5 of 10
operations, the applicant shall ensure that the exposed dirt areas are
watered at a minimum of four to five times a day and referred to Condition
No. 18.
Commissioner Mendoza requested clarification of Condition No. 6
regarding safety issues.
Mr. Hiner addressed the safety issues that Commissioner Mendoza had.
Commissioner O'Neal asked Public Works Director Seumalo for
clarification of Condition No. 7.
Public Works Director Seumalo referred to Federal Emergency
Management Agency requirements relating to Condition No. 7.
Commissioner Mendoza requested clarification of Condition No. 8 relating
to cash bonds.
Commissioner Zanelli asked City Attorney Leibold for the legal definition of
Condition No. 8.
City Attorney Leibold stated that the City would have enforcement
authority as against the property owner whether the property owner wants
to submit a letter that says they guarantee that Mr. Hiner will restore the
property in accordance with the Conditions or not.
Mr. Hiner referred to Conditions 8, 9 and 10 and requested that no cash
bonds be posted. He stated that he requested a letter from the property
owner confirming this.
Chairman Flores confirmed that no cash bonds apply to Conditions 8, 9
and 10.
Commissioner Mendoza referred to Condition No. 16, and requested that
the Condition state that any complaints regarding noise that are submitted
to the City, must be submitted by a City of Lake Elsinore resident.
Commissioner O'Neal suggested that the Motocross track have the same
hours of operation as the lake.
Vice - Chairman Gonzales noted that regarding Condition No. 18 regarding
water quality, no evidence of compliance has been provided by Mr. Hiner.
Mr. Hiner indicated that he provided a copy of the Notice of Intent (NOI) to
Engineering staff and stated that he was in the process of locating his
SWPP Report that is also to be included with the NO[ and forwarded to
the Water Quality Control Board.
Ara+tt?A rmm idU. a
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 6 of 10
Commissioner O'Neal indicated that regarding Condition No. 15, he had
concerns about the ground water getting polluted and /or contaminated
when refueling.
Mr. Hiner stated that all refueling takes place in the back of a truck, in a
trailer, or on a non - absorbable fill matt.
Public Works Director Seumalo addressed Commissioner O'Neal's
concerns regarding groundwater contamination due to refueling and
indicated that the NOI with the Storm Water Prevention Plan, and centrally
locating the fueling areas were all provision made to protect the property
site.
Chairman Flores reiterated to Mr. Hiner the importance of the location of
posted signage regarding adequate refueling to prevent contamination of
water.
Mr. Hiner indicated that he understood.
Commissioner Mendoza asked with Mr. Hiner if he was in compliance with
the ADA, referring to Condition No. 20.
Mr. Hiner stated that he was in compliance.
City Manager Brady referred to Condition No. 22, and suggested that the
applicant and the property owner sign and complete the "Acknowledgment
of Conditions" form prior to commencement of operation.
Public Works Director Seumalo stated that Mr. Hiner was working with the
Army Corp. to get a letter of compliance from them, referring to Conditions
28 and 29.
Mr. Hiner addressed Condition No. 32, stating that the Mitigated Negative
Declaration allows for water to be acceptable for mitigation standards.
Public Works Director Seumalo stated that staff was recommending
crushed aggregate.
Chairman Flores asked Mr. Hiner if Conditions 37 and 38 would be
completed within 30 days.
Mr. Hiner indicated that he would have Condition No.'s 37 and 38
completed within 30 days.
Commissioner Zanelli requested that Mr. Hiner work with Engineering staff
to complete Condition No. 39 as soon as possible.
AGEWDA ITEM No. a
PAGE 13 __';F33
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 7 of 10
Chairman Flores confirmed with Mr. Hiner that Condition No. 40 would be
completed regarding secondary emergency vehicle access road.
City Attorney Leibold indicated that Engineering staff would work with the
applicant, and the adjacent property owner to complete Condition No. 41
regarding drainage easement.
Commissioner Zanelli requested clarification of Condition No. 42.
Public Works Director Seumalo indicated the drainage that was blocked
was taken care of and engineering staff requested an approved Grading
Plan.
Mr. Hiner confirmed that engineering staff did receive the Grading Plan
and he also addressed the drainage issue.
Public Works Director Seumalo stated that he would follow up with
Engineering staff regarding the status of the approved Grading Plans.
Public Works Director Seumalo indicated that Condition No. 43 was not in
compliance.
Mr. Hiner addressed Condition No. 43 regarding trash and debris
removal /disposal and indicated that it would be taken care of.
Chairman Flores noted that all Conditions were reviewed by the
Commission and requested any comments.
Mr. Hiner commended the Engineering and Planning staff for working
diligently through all Conditions.
Chairman Flores commended staff and the Commission for the review of
all Conditions and hopes that this will allow the Motocross facility to
continue in the City and prosper.
Commissioner Zanelli thanked Mr. Hiner for working with staff and the
Commission to resolve non - compliance of Conditions and indicated that
he hoped that the Motocross track would be in the City for a long time to
come and be very successful.
Commissioner O'Neal commended Senior Planner Harris and
Redevelopment Agency Analyst Carlson for a good job on the
presentation.
Commissioner Mendoza thanked staff for all of their help and Mr. Hiner for
being accessible to modify and take care of the Conditions. He indicated
AGENDA1TEM NO.
IPAOE l C) 1
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 8 of 10
that the Commission has been extremely flexible and was able to save
him a substantial amount of money regarding the cash bond issue and
stated that if the outstanding Conditions are not taken care within a certain
amount of time, he will support suspending the Motocross track until it is in
compliance.
Vice - Chairman Gonzales thanked staff for all of the work that they have
done and noted that there are a few items that still need to be resolved so
that the Motocross track can continue to operate.
Chairman Flores stated that the Commission agreed on the following:
Continue the Public Hearing to June 15, 2010 solely for purposes of 1)
review and formal approval of revised Conditions to be prepared by staff
consistent with the staff report and Planning Commission discussion and
2) review the status of all of the Conditions and the applicant's progress
toward completion /satisfaction.
MOTION was made by Commissioner Zanelli, and seconded by Vice -
Chairman Gonzales to continue the Public Hearing to June 15, 2010
solely for purposes of 1) review and formal approval of revised
Conditions to be prepared by staff consistent with the staff report
and Planning Commission discussion and 2) review the status of all
of the Conditions and the applicant's progress toward
completion /satisfaction.
AYES: Flores, Gonzales, Mendoza, O'Neal, Zanelli
NOES: None
ABSENT None
BUSINESS ITEM(S)
None.
STAFF COMMENTS
Public Works Director Seumalo informed Commissioner Zanelli that he spoke to
staff about the street name sign and would follow -up with him regarding this
information.
Redevelopment Agency Analyst Carlson had no comments.
Office Specialist Porche' indicated that the City is currently recruiting for Planning
Commission positions.
AGENDA ITEM No.
PAGE I3 I OF��
Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 9 of 10
City Manager Brady thanked Redevelopment Agency Analyst Carlson and Senior
Planner Harris, and Engineering staff for their work on the Motocross. He also
stated that the Budget Study that was scheduled for Thursday, May 20, 2010,
was rescheduled for Thursday, May 27, 2010.
CITY ATTORNEY COMMENTS
None.
PLANNING COMMISSION COMMENTS
Vice - Chairman Gonzales asked Public Works Director Seumalo if Smith Street
would be paved.
Public Works Director Seumalo indicated that he would check with Public Works
and follow up with Vice - Chairman Gonzales with an answer.
Commissioner Zanelli asked Public Works Director Seumalo about the trenching
on 3rd Street.
Public Works Director Seumalo stated that this was in the County but he would
follow -up with staff to confirm this.
Commissioner Zanelli thanked Redevelopment Agency Analyst Carlson for
presenting the Motocross Staff Report on behalf of Senior Planner Harris, and
also thanked staff for their work.
Commissioner O'Neal apologized to Mr. Germon for not being able to answer his
questions because this item was not on the Planning Commission Agenda and
requested information regarding his request.
Commissioner Zanelli stated that there were certain requirements with each type
of use of a building, i.e.; retail business, restaurant, theater, church, and
indicated that there are requirements regarding occupancy that may be
restricting him from having a church in the building.
Mr. Germon indicated that his main issue is the ADA, and stated that the building
has not been altered.
Commissioner O'Neal confirmed with Mr. Germon that the City would review how
the building is being used, and would follow up with him regarding codes that
apply to that use.
City Manager Brady indicated to Mr. Germon that there may be exemptions
based on the building being a historic structure that could be applied to the
building.
AGFXDA ITE M 110.
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Lake Elsinore Planning Commission Meeting
Regular Meeting Minutes of May 18, 2010
Page 10 of 10
ADJOURNMENT
There being no further business to come before the Planning Commission
Chairman Flores adjourned the meeting at 8:20 p.m.
The next regular meeting of the Planning Commission of the City of Lake
Elsinore is scheduled for Tuesday, June 1, 2010, at 6:00 p.m. in the Cultural
Center located at 183 N. Main Street, Lake Elsinore, CA 92530.
Respectfully Submitted,
Kristine Herrington
Office Specialist
Attest:
Robert A. Brady
City Manager
Jimmy Flores
Chairman