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HomeMy WebLinkAboutItem No. 3CITY OF LADE LLSINORE DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 3, 2009 SUBJECT: CONDITIONAL USE PERMIT NO. 2007 -22, INDUSTRIAL DESIGN REVIEW NO. 2007 -04 AND VARIANCE NO. 2007 -06 APPLICANT: MIKE DUNN, 3520 CADILLAC AVENUE, SUITE B, COSTA MESA, CALIFORNIA 92626 OWNER: Q.T. PROPERTY, LLC; CONTACT: AL BELL, MANAGER, C/O ROBERT ROSENSTEIN & HITZMAN, 28600 MERCEDES STREET, TEMECULA, CALIFORNIA 92590 Project Request The applicant is returning to the Planning Commission after the project was continued at the regularly scheduled meeting of January 20, 2008. The applicant is requesting consideration of a Conditional Use Permit, an Industrial Design Review and a Variance to allow for the development of a Self Storage and Recreational Vehicle Storage Facility (CUP No. 2007 -22, IDR No. 2007 -04, Variance No. 2007 -06). Project review is pursuant to Part VII: Development Regulations, Chapter 7.4 (Residential Development Regulations); Subsection 9.2.2 (Conditional Use Permit); Subsection 9.2.3, Design Review; Subsection 9.3.3, Variances and all other sections within the East Lake Specific Plan as they relate to the development of this proposal. Background The project was first heard at the regularly scheduled meeting of the Planning Commission on October 7, 2008. Staff recommended denial of the project based on the applicant's deficient CEQA and MSHCP requirements, Staff's inability to make findings to support the requested Conditional Use Permit and the location of the entrance driveway that was determined to be located to close to the intersections of Corydon Street and Palomar Street. The Planning Commission voted unanimously to continue the project which would allow the applicant time to resolve these issues. AGENDA ITE ;l w. 3 PRE t.. CUP No. 2007 -22, IDR No. 2007 -04, Variance No. 2007 -06 March 3, 2009 Page 2 of 8 The project was heard for a second time at the regularly scheduled meeting of the Planning Commission on January 20, 2009. The applicant complied with all of the CEQA and MSHCP requirements and relocated the entrance driveway. John Treese, an adjacent neighbor of the project, spoke on behalf of the residential neighbors. The neighbor cited issues that included the potential for graffiti on the walls of the project, additional traffic that could cause additional speeding along Palomar Street, the difficult turning radius at Corydon Street and Palomar Street, and the over saturation of similar facilities in the area. Commission O'Neal stated that he did not agree with the CUP process for this project. He felt that the industrial use was out of the scope of allowances pursuant to the processing of a CUP listed in Section 9.2.2 of the ELSP. He felt that a Specific Plan Amendment (SPA) would be a better mechanism to use for this project. The applicant chose to pursue using the CUP as a mechanism to proceed with the proposed development. Utilizing the CUP instead of a SPA could save the applicant five to seven thousand dollars ($5,000 - $7,000) or possibly more in fees. The applicant was also directed to apply for a Variance due to the proposed Palomar Street setback. Four (4) of the Planning Commissioners voted in favor of allowing the project to return for consideration with Resolutions, Conditions of Approval and a Variance request. The single opposing vote was cast by Commissioner O'Neil. Approved Minutes from the January 20, 2009 Planning Commission meeting are attached. Project Location The project site is a vacant 2.7 acre parcel located at 32395 Corydon Street at the corner of Corydon Street and Palomar Street (APN 370 - 120 -045). Setting 3�L+�C TON IRE r +MV 'Sb •m wv t I E�JSTI�1C�, 7.M't #`+*"k'Y. f'✓ v +�v�ta � y��LAI�D USE`., 1p� 10`1,00 A}� f...�a`�.?iY.x ist�a...4tr r k 4i"Y" li�`9�"rF t�y,'•wyi Project Site Vacant Residential 1 Specific Plan Northwest Open Space — Public Park Residential 1 Specific Plan Northeast Mobile Home Park AUA (Airport Use Area Specific Plan Southwest Single Family Residential Residential 1 Specific Plan Southeast Vacant County of Riverside County of Riverside The General Plan Designation is Specific Plan. The Land Use Designation is Residential 1 (up to 6 du /ac) as described in the East Lake Specific Plan. The site is located within the mapped Alquist - Priolo Special Studies Zone. AGENDA iTE 4 NO. E�,4GE 2 G CUP No. 2007 -22, IDR No. 2007 -04, Variance No. 2007 -06 March 3, 2009 Page 3 of 8 The existing surrounding land uses adjacent to the proposed project site are: 1) a single family residential project known as "Serenity" located to the west and directly across from the proposed project; 2) a neighborhood park that is part of the Serenity development and north of the site; 3) an existing mobile home park approximately ten feet (10') below and east of the site; and 4) a vacant parcel across Corydon Street, south of the project site located within the City of Wildomar. The Mobile Home Park and properties east of the project site all have land use designations of AUA (Airport Use Area) East Lake Specific Plan. Project Description Conditional Use Permit A Conditional Use Permit is required for the project because the industrial use is not listed as a Permitted Use within the Residential 1 designation within the East Lake Specific Plan. Section 9.2.2 of the East Lake Specific Plan that states that there is an allowance for other uses with a CUP, "not specifically permitted nor prohibited in the Development Regulation." Findings that need to be made for approval of a Conditional Use permit are as follows: 1. The proposed use is in accordance with the objectives of the Specific Plan and the Planning Area in which the site is located. 2. The site is adequate in size and shape to accommodate the proposed use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other regulations required by this Specific Plan. 3. There will be no adverse effect on abutting property or the permitted and normal use thereof. 4. Adequate conditions and safeguards are incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. Industrial Design Review No. 2007 -04 The applicant is proposing to use Mediterranean style architecture for the Storage Facility. A thirty foot (30') tower feature is shown as the focal point of the facility. It is located at the corner of Corydon Street and Palomar Street. The angular tower walls include open window type features at the top and paned glass windows at street level. The project has been scaled to blend with the adjacent residential neighborhood by proposing the height of the building walls to be a maximum of twenty feet (20'). Wall planes vary with the use of architecturally projected and recessed planes, some wall features will include false arches. AGENDA ITEiW°s NO. PACEL 3 Or S CUP No. 2007 -22, OR No. 2007 -04, Variance No. 2007 -06 March 3, 2009 Page 4 of 8 The buildings will have a stucco finish, red tile accents and split -faced raised planter areas. Earth tones will be exclusively used to blend with the existing neighboring development. The roofing material will be red tile that will match the red tile accents. The storage facility will include three (3) multiple unit, storage buildings on an approximately 2.7 acre vacant site. The details of the buildings and square footage are reflected in the matrix below: Building Square Footage Use Building A 22,183 172 storage units Building B includes 417 s . ft. office 9,867 35 storage units & office only caretaker unit not allowed Building C 1,764 11 storage units Totals 34,231 228 storage units The total footprint area of all buildings is 34,231 square feet or twenty -nine percent (29 %) of the lot area. The maximum lot coverage allowed in the Residential 1 area of the ELSP is sixty percent (60 %). The applicant is also proposing to include sixty -one (61) covered recreational vehicle /boat parking spaces located in the "restricted" Alquist Priolo Special Studies Zone. The roof of this covered parking structure will not be seen from the street. The applicant has provided information stating that the office may be occupied for a maximum of 2000 hours per year since the project is located within a restricted Alquist- Priolo Special Studies Zone. This restriction is pursuant to the "Guidelines for Evaluating and Mitigating Seismic Hazards in California," a report that was adopted March 13, 1997 by the State Mining and Geology Board in Accordance with the Seismic Hazards Mapping Act of 1990. It is used as a guideline by the City of Lake Elsinore. Since the office hours are restricted, the applicant intends to utilize an automated system that will extend access to the facility. These extended access hours will be between 7 am to 7pm daily. The office may be open Tuesday through Saturday, 9 am to 4 pm. The setbacks required along Corydon Street are forty feet (40') from the face of curb. The site plan shows a setback of approximately forty (40) feet that varies slightly due to architectural wall projections (this setback requirement has been re- interpreted from the initial review and found to be substantially acceptable). Interior property line setbacks meet minimum guidelines, however, Staff has conditioned the applicant to shift Building A and the wall along the entire northwestern boundary line three(3) feet to the south to allow for a landscape planter that will include tall vines and shrubs to help reduce and possibly prevent graffiti along this wall. All other walls will have a landscape planter area as well, that will also include vines and shrubs. kGEA3[JA ITEM Idd3.�� PAGE_.�f`OF S8 CUP No. 2007 -22, IDR No. 2007 -04, Variance No. 2007 -06 March 3, 2009 Page 5 of 8 The main entrance driveway is located near the northern property line. An emergency Fire Access Gate is provided approximately eighty -five feet (85') north of Corydon Street. Since this will only be used in emergency situations, it has been deemed acceptable. Six parking spaces are provided outside of the locked gate, one is designated for handicap use only. Variance A Variance is required due to the proposed setback reduction the applicant has provided along Palomar Street. Palomar Street is considered to be a Collector Street. Collector Streets require setbacks of forty feet (40') from the face of curb, this includes a ten foot (10') parkway and thirty foot (30') landscape planter area. The applicant is providing a ten foot (10) walkway /parkway, and a planter area that varies from five feet (5') to eighteen feet (18'). Approval of the Variance will allow development with the proposed varying dimensions listed. The applicant states that the reason he is requesting a variance for the Palomar Street setbacks is the physical limitation that exists on the property site due to the Alquist Priolo Special Studies Zone. This Special Studies Zone prohibits the development of structures for human occupancy within fifty feet (50) of either side of the fault or a total of a one hundred foot (100) wide area running through the entire length of the site. This physical limitation greatly reduces the developable area of the site. In order to include a certain number of storage units that will make the project cost effective, parking for a variety of recreational vehicles and a driveway that allows circulation through the site, the applicant is requesting approval of a reduction in the landscaped area along Palomar Street via the use of the variance process. ANALYSIS Conditional Use Permit No. 2007 -22 As mentioned, Industrial uses are not listed as permitted uses in the Residential 1 designation, nor are industrial type uses listed as conditionally permitted uses in this designation. However, Section 9.2.2, "Conditional Use Permits" states that "...a Conditional Use Permit shall also be required for uses not specifically permitted nor prohibited in the Development Regulation." In order for Staff to find that the Conditional Use Permit may apply to the Industrial project the following findings must be made: 1. The proposed use is in accordance with the objectives of the Specific Plan and the Planning Area in which the site is located. While the proposed industrial use is not a listed conditionally permitted use, the provision in Section 9.2.2, Conditional Use Permit, ELSP, allows for "uses not specifically permitted nor prohibited in the Development Regulations" to be approved by the Planning Commission. The ELSP states that "dynamic water AGENDA ITEM NO._ PAGE TO CUP No. 2007 -22, IDR No. 2007 -04, Variance No. 2007 -06 March 3, 2009 Page 6 of 8 orientations and associated recreational opportunities were among the primary influences shaping the design of the community." The Plan furtherstates that `East Lake has the opportunity to be the premier water - oriented recreational community with the City of Lake Elsinore." Lake Elsinore is, in fact, known as a recreation community where many of City residents enjoy using their recreational vehicles including boats and off -road vehicles. These vehicles are difficult to store on a standard residential lot. Storage Facilities are operations that primarily cater to homeowners by providing additional storage for these recreational vehicles as well as the over - abundance of household items. Unlike other industrial type uses such as manufacturing, maintenance and repair and other similar operations storage facilities can be considered to be a supportive use to a residential use. The proposed storage buildings are architecturally compatible with neighboring residential development and the project is proposed to be densely screened with landscaping material. Based on the foregoing, the Project is found to be a compatible use with the abutting residential uses. Based upon the Trip Generation Evaluation Letter Report and Noise Analysis Letter Report prepared by Urban Crossroads, any traffic or noise impacts that will result from this Project will be less than significant and will not impact the neighboring residential uses. Issuance of this Conditional Use Permit will facilitate the objectives of the Specific Plan by creating a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The site is adequate in size and shape to accommodate the proposed use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other regulations required by the Specific Plan. The site cannot meet the required setback for Palomar Street. As part of this review the applicant is requesting a Variance from the Palomar Street setback due to the constraint of the existing Alquist Priolo Fault Line running through the length of the project. With approval of the Variance from the setback requirement the site is adequate in size and shape to accommodate the proposed use. Conditions have been applied relating to the installation and maintenance of landscaping, walls, regulations of points of vehicular ingress and egress and control of potential nuisance. The Project will not result in any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 3. There will be no adverse effect on abutting property or the permitted and normal use thereof. The Trip Generation Evaluation Letter Report and Noise Analysis Letter Report prepared by Urban Crossroads demonstrate that the impacts of the Project will be less than significant. Furthermore, the architecture proposed will not detract from the AOENDA 1 016 t30._J- PACE__ r S CUP No. 2007 -22, IDR No. 2007 -04, Variance No. 2007 -06 March 3, 2009 Page 7 of 8 the neighboring residential development in that the design has been reviewed to ensure adequate provision of screening from the adjacent properties. The project would not cause any adverse effects to the general health, safety, comfort, or welfare of the neighboring property. 4. Adequate conditions and safeguards are incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to the East Lake Specific Plan, Section 9.3.1, Public Hearings, the Project has been scheduled for consideration by the Planning Commission at the regularly scheduled meeting on March 3, 2009. Industrial Design Review No. 2007 -04 Staff found the that project meet the of the Development Regulations and Design Review requirements of the East Lake Specific Plan Variance No. 2007 -06 Staff agrees that the strict interpretation of the Development Regulations causes a practical difficulty for the design and development of the Storage Facility. Staff finds that the applicant's reason for requesting approval of a Variance due to the physical constraint of the Alquist Priolo Special Studies Zone Fault running through the entire length of the project site is substantiated. Staff finds that granting this Variance will not constitute granting of a special privilege. ENVIRONMENTAL DETERMINATION Staff found that the project was categorically exempt from the California Environmental Quality Act pursuant to Section 15332, In -Fill Development Projects, Class 32 (b) which allows for development within city limits on a project site of no more that five acres substantially surrounded by urban uses. In addition, a Trip Generation Evaluation Letter Report and Noise Analysis Letter Report were completed and found that impacts would be less that significant to neighboring residential uses. No further environmental evaluation is necessary. The applicant also processed the project through a Lake Elsinore Acquisition Process (LEAP) and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements ". The project was found to be consistent with both the Criteria and other MSHCP requirements and no further Plan requirements are necessary. CUP No. 2007 -22, OR No. 2007 -04, Variance No. 2007 -06 March 3, 2009 Page 8 of 8 RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2009 -_ recommending that the City Council adopt findings that the project is consistent with the MSHCP, Resolution No. 2009 -_ approving Conditional Use Permit No. 2007 -22, Resolution No. 2009- approving Variance No. 2007 -06 and Resolution No. 2009 - recommending City Council approval of Industrial Design Review No. 2007 -04. This recommendation is based upon the Findings, Conditions of Approval and Exhibits presented. Prepared By: Linda Miller* Project Planner Approved By: Tom Weiner, Acting Director of Community Development Attachments: 1. Vicinity Map 2. Resolutions 3. Conditions of Approval 4. Minutes from the Planning Commission Hearing dated January 20, 2009 5. Planning Commission Staff Report dated January 20, 2009 6. City of Lake Elsinore Letter dated September 12, 2000 7. Reductions 8. Full Size Plans & Color Conceptual Exhibits AGENDA iTrif, HO. 3 PATE ! Gi'�.�aG VICINITY MAP INDUSTRIAL DESIGN REVIEW 2007 -04 VARIANCE 2007 -06 CUP 2007 -22 APN 370 - 120 -045 PLANNING COMMISSION RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT THE PROJECT KNOWN AS A SELF STORAGE AND RECREATIONAL VEHICLE STORAGE FACILITY IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Mike Dunn (the "Developer ") filed an application with the City of Lake Elsinore requesting approval of Industrial Design Review No. 2007 -06, Conditional Use Permit No. 2007 -22 and Variance No. 2007 -06 (the "Project ") for the review and approval of a 34,231 square foot storage facility with associated features to be constructed on a 2.7 -acre site located at 32395 Corydon Street at the northeast corner of Corydon Street and Palomar Street, known as Assessor's Parcel No. 370 - 120 -045 (the "Property"); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is within an MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 3, 2009. AGSM M � mm,, PAGE 0 0- 58 PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 2 OF 4 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to recommend that the City Council adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the East Lake Specific Plan, Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is located within a MSHCP criteria cell. As such, the Project has been processed through the LEAP and JPR, as well as reviewed for consistency with the MSHCP `Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is located within an MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. The LEAP analysis found that the 2.7 -acre site did not contain any riparian /riverine areas on or adjacent to the project site. No vernal pools or other fairy shrimp habitat were found on or adjacent to the project site. Therefore, the Project is consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project site is within a narrow endemic plant species survey area (NEPSSA). However, the survey information provided found no suitable habitat for any of these species present on the site. Therefore, the Property is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. The proposed project is consistent with the Additional Survey Needs and Procedures. PLANNING COMMISSION RESOLUTION NO. 2009 -_ PAGE 3OF4 The Property was assessed for suitable habitat for Criteria Area Species, set forth in Section 6.3.2 of the MSHCP. No suitable habitat for any of these species, including Burrowing Owl, exists on the project site. As required by the MSHCP, mitigation has been included to conduct a Burrowing Owl survey 30 days prior to any ground- disturbance, including the removal of vegetation or other debris. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the UrbanANildlands Interface Guidelines. The Property is surrounded by existing urbanized areas and is not located adjacent to any conserved or open space areas. Design features and best management practices are incorporated into the Project to address and minimize edge effects associated with run -off, night lighting, and noise - generating land uses. As such, the Project is consistent with Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. The project site does not encompass any vegetation resources requiring mapping set forth is Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the Property is surrounded by existing urbanized areas and is not located adjacent to any conserved or open space areas. Therefore, the Fuels Management Guidelines as set fort in Section 6.4 of the MSHCP are not applicable. No further action regarding this section of the MSHCP is required. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Industrial Design Review No. 2007 -04, Conditional Use Permit No. 2007 -22 and Variance No. 2007 -06, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. AGENDA ITEOlHOJ PAGE la rya PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 4 OF 4 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 3rd day of March 2009. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development AGENDA ITIOA No. 3 PAGE 13 De RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007 -22 WHEREAS, Mike Dunn, filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No.2007 -22, for a Self Storage and Recreational Vehicle Storage Facility located at the corner of Corydon Street and Palomar Street (APN 370 -120 -045) (the "Project "); and WHEREAS, the City of Lake Elsinore recognizes that certain uses have operational characteristics that, depending upon the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a conditional use permit, which allows the City to comprehensively review and approve the use; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on March 3, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Acting Director of Community Development and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Conditional Use Permit No. 2007 -22 and finds that the requirements of Section 9.2.2 of the East Lake Specific Plan have been satisfied. SECTION 2. That in accordance with State Planning and Zoning Law and the East Lake Specific Plan, the Planning Commission makes the following findings for approval of CUP 2007 -22: 1. The proposed use is in accordance with the objectives of the Specific Plan and the Planning Area in which the site is located. While the proposed industrial use is not a listed conditionally permitted use, the provision in Section 9.2.2, Conditional Use Permit, ELSP, allows for "uses not specifically permitted nor prohibited in the Development Regulations" to be approved by the Planning Commission. The ELSP states that "dynamic water orientations and associated recreational opportunities were among the primary influences shaping the design of the community." The Plan further states that "East Lake has the opportunity to be the premier water - oriented recreational community with the City of Lake Elsinore." Lake Elsinore is, in fact, known as a recreation community where many of City residents enjoy using their recreational vehicles including boats and off -road vehicles. These vehicles are difficult to AGEXDA @Fie19 6q0. 3 PROS I ifs >� PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 2 OF 3 store on a standard residential lot Storage Facilities are operations that primarily cater to homeowners by providing additional storage for these recreational vehicles as well as the over - abundance of household items. Unlike other industrial type uses such as manufacturing, maintenance and repair and other similar operations storage facilities can be considered to be a supportive use to a residential use. The proposed storage buildings are architecturally compatible with neighboring residential development and the project is proposed to be densely screened with landscaping material. Based on the foregoing, the Project is found to be a compatible use with the abutting residential uses. Based upon the Trip Generation Evaluation Letter Report and Noise Analysis Letter Report prepared by Urban Crossroads, any traffic or noise impacts that will result from this Project will be less than significant and will not impact the neighboring residential uses. Issuance of this Conditional Use Permit will facilitate the objectives of the Specific Plan by creating a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The site is adequate in size and shape to accommodate the proposed use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other regulations required by the Specific Plan. The site cannot meet the required setback for Palomar Street. As part of this review the applicant is requesting a Variance from the Palomar Street setback due to the constraint of the existing Alquist Priolo Fault Line running through the length of the project. With approval of the Variance from the setback requirement the site is adequate in size and shape to accommodate the proposed use. Conditions have been applied relating to the installation and maintenance of landscaping, walls, regulations of points of vehicular ingress and egress and control of potential nuisance. The Project will not result in any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 3. There will be no adverse effect on abutting property or the permitted and normal use thereof. The Trip Generation Evaluation Letter Report and Noise Analysis Letter Report prepared by Urban Crossroads demonstrate that the impacts of the Project will be less than significant. Furthermore, the architecture proposed will not detract from the neighboring residential development in that the design has been reviewed to ensure adequate provision of screening from the adjacent properties. The project would not cause any adverse effects to the general health, safety, comfort, or welfare of the neighboring properly. 4. Adequate conditions and safeguards are incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. AGE -HV A iir 1t H0. PAGE I5 Oi=_ -` PLANNING COMMISSION RESOLUTION NO. 2009 -_ PAGE 3 OF 3 Pursuant to the East Lake Specific Plan, Section 9.3.1, Public Hearings, the Project has been scheduled for consideration by the Planning Commission at the regularly scheduled meeting on March 3, 2009. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2007 -22. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 3rd day of March 2009. Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3`d day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development AGENDA ITEM NO._ _ RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2007 -06 WHEREAS, Mike Dunn, filed an application with the City of Lake Elsinore requesting approval of Variance No. 2007 -06, for a Self Storage and Recreational Vehicle Storage Facility located at the corner of Corydon Street and Palomar Street (APN 370 - 120 -045) (the "Project'); and WHEREAS, the City of Lake Elsinore recognizes that certain circumstances relating to the physical conditions of a site may cause practical difficulties and /or unnecessary physical hardships to development, which are inconsistent with the intent of the Specific Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying variances; and WHEREAS, on March 3, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Variance No. 2007 -06 and finds that the requirements of Section 9.3.3 of the East Lake Specific Plan have been satisfied. SECTION 2. That in accordance with State Planning and Zoning Law and the East Lake Specific Plan, Section 9.3.3, the Planning Commission makes the following findings for approval of Variance No. 2007 -06: 1. That adequate conditions and safeguards have been incorporated into the approval of the variance to ensure the development of the property is in accordance with the overall objectives of the General Plan and Specific Plan. Adequate conditions and safeguards pursuant to the regulations of the East Lake Specific Plan have been incorporated in the approval of the variance to insure development of the property in accord with the objectives of the General Plan and the planning district in which the site is located. Approval of the variance will allow the development of this industrial use that will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional lands uses. The project was reviewed and conditioned by all applicable City departments to ensure that the industrial buildings blend with the existing development, create AGENDA SPE rd N10.__ PAGE 11 OF S 8 PLANNING COMMISSION RESOLUTION NO. 2009-_ PAGE 2 OF 3 the least amount of disturbance, and does not negatively impact the residents or business of Lake Elsinore. 2. That there are special circumstances applicable to the subject property which do not apply generally to other properties in the vicinity, and therefore, granting of the variance shall not constitute a grant of special privilege inconsistent with the limitations upon such other properties. The project site is unique in that it contains a one hundred foot (100) wide restricted area that is identified as the Alquist Priolo Fault Line. The presence of the Alquist Priolo Fault Line in the center of the project site makes this project site unique from other properties in the East Lake Specific Plan in the general area of the proposed project. Due to presence of the fault line, the developable footprint of the project site is significantly limited in terms of where structures, parking, drive aisles and landscaping can be placed. In order for the applicant to develop the site adequately, he is requesting approval of a variance allowing the reduction in the landscaped area along Palomar Street. Due to the existence of the Alquist Priolo Fault Line on the project site, granting a variance to this property owner does not constitute a grant of special privilege to this property. 3. That in approving the variance, any reductions authorized from the strict interpretation of the Development Regulations represents the minimum deviation necessary to fulfill the purpose of this Section and to enable reasonable development of the property. The request for a variance from the Palomar Street setback is a minimum deviation from the Development Regulations since the applicant is providing not only landscaping along Palomar Street and Corydon Street but additional planter area along the northern and eastern boundaries. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Variance No. 2007 -06. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 3`d day of March 2009. ATTEST: Tom Weiner Acting Director of Community Development Axel Zanelli, Chairman City of Lake Elsinore AGENDA. f 6 i,.F mso. PACE_($. -Or- 58 PLANNING COMMISSION RESOLUTION NO. 2009 -_ PAGE 3 OF 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3`d day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development PAc;E_13__cr 58 RESOLUTION NO. 2008- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF INDUSTRIAL DESIGN REVIEW NO. 2007 -04 WHEREAS, Mike Dunn, filed an application with the City of Lake Elsinore requesting approval of Industrial Design Review No. 2007 -04 for the review and approval of a Self Storage Facility and Recreational Vehicle Storage Facility located at 32395 Corydon Street at the northeast corner of Corydon Street and Palomar Street, APN 370 - 120 -045 (the "Project "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and making recommendations to the City Council for industrial design review applications; and WHEREAS, on March 3, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Industrial Design Review 2007- 04prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds that Industrial Design Review 2007 -04 satisfies all requirements set forth in the East Lake Specific Plan. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines ") pursuant to Section 15332, Class 32 (b) an exemption for development within city limits on a project site of no more that five acres substantially surrounded by urban uses. Based upon the Trip Generation Evaluation Letter Report and Noise Analysis Letter Report, the Project's impacts to neighboring uses would be less that significant. SECTION 3. That in accordance with State Planning and Zoning Law and the East Lake Specific Plan, the Planning Commission makes the following findings for the approval of Industrial Design Review 2007 -04: 1. The Project, as approved, complies with the goals, objectives and policies of the City of Lake Elsinore General Plan and the East Lake Specific Plan. The Project complies with the goals and objectives of the General Plan and the East Lake Specific Plan in that the approval of this industrial use will assist in achieving the development of a well - balanced and functional mix of residential, PLANNING COMMISSION RESOLUTION NO. 2009 — PAGE 2OF3 commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. 2. The Project complies with the design directives contained within Section 9.2.3, Design Review, of the East Lake Specific Plan. The design directives require that all proposed projects maintain the character and quality of the community. Projects are required to maintain a scale, spatial relationships and architectural treatment that blend with the neighboring residential structures. Architectural elements shall include materials, colors, and landscaping treatment. The project meets these directives by utilizing smaller scale buildings restricted to twenty feet (20) in height. The buildings and boundary walls will use earth tones and materials that blend with the colors and materials found in the neighboring residential developments. The walls will be covered with an anti - graffiti material and will be heavily landscaped to discourage and prevent graffiti. In addition, a safe and efficient circulation path has been achieved onsite. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project was reviewed and conditioned by all applicable City departments to ensure that the industrial buildings blend with existing development, create the least amount of disturbance, and will not negatively impact the residents or businesses of Lake Elsinore. In addition, based on the Trip Generation Evaluation Letter Report and Noise Analysis Letter Report, the Project's impacts to neighboring residential uses would be less that significant. Therefore, the Project would not result in any significant adverse environmental impacts. 4. Conditions and safeguards pursuant to Section 9.2.3.f, Action of the Planning Commission, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this Specific Plan and the District in which the site is located. Pursuant to Section 9.2.3.f, of the East Lake Specific Plan, the Project has been scheduled for consideration and approval at the regularly scheduled hearing of the Planning Commission on March 3, 2009. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves Industrial Design Review 2007 -04. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. END; E a EM' 10- 3 i$ ZE-S!L-0 - 58. PLANNING COMMISSION RESOLUTION NO. 2009 —_ PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED this 3rd day of March, 2009, by the following vote: Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3rd day of March 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development pArcE a�. GENERAL CONDITIONS The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the MSHCP Consistency Findings, Industrial Design Review No. 2007 -04, Conditional Use Permit No. 2007 -22 and Variance No. 2007 -06 project attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions Section 17.184 of the Lake Elsinore Municipal Code. PLANNING DIVISION 3. Industrial Design Review No. 2007 -04 located at Corydon Street and Palomar Street (APN 370 -120 -045) will lapse and be void unless a building permit is issued within two (2) year of the approval date and construction is commenced and diligently pursued toward completion. A one (1) year extension of time may be granted through the review and approval of the Director of Community Development. 4. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e. 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. The sign shall be installed prior to the issuance of a grading permit. 5. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 6. Prior to issuance of any grading or building permits, 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. 7. All site improvements shall be constructed as indicated on the approved site plan and elevations. The applicant shall meet all required setbacks pursuant to Industrial Design Review No. 2007 -04 and the East Lake Specific Plan (ELSP). AGEMA iTg.q '40. 3 PAGE 23_ct7 58 Any other revisions to the approved site plan or building elevations shall be subject to the review of the Director of Community Development or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 8. Materials and colors depicted on the Materials Board of Industrial Design Review No. 2007 -04 shall be used unless modified by the applicant and approved by the Community Development Director or designee. 9. The applicant shall meet all applicable City Codes and Ordinances. 10. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Director of Community Development or designee. 11. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 12. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 13. Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from public streets. 14. Driveways shall be constructed of concrete per Building and Safety Division standards. 15. The entrance driveway shall be enhanced with stamped concrete or similar material a minimum of twenty feet (20') in depth. 16. Fencing and Building Walls along Property Boundaries: a. A minimum three foot (3') wide landscape planter shall be required along the entire length of the northwestern boundary. b. A minimum of fifteen (15) gallon vines shall be planted at ten foot (10) intervals along all boundary fencing and building walls. A variety of fifteen (15) gallon and five (5) gallon shrubs shall be interspersed within the vines. Review and approval of the landscape planter plan for all walls shall be made by the Director of Community Development AGENDA F! Edi PAGGE a_Y_Q -_,SF or Designee. c. All fencing and exterior building walls shall be coated with an anti - graffiti material and shall be maintained clear of graffiti at all times. 17. Chain link fences shall be prohibited at all locations. 18. The building address shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Care shall be taken to select colors and materials that compliment the industrial development. 19. All trash enclosures shall be constructed per City standards as approved by the Director of Community Development or Designee prior to issuance of Certificate of Occupancy. A solid cover shall be incorporated into the design of all trash enclosures. The trash enclosure shall blend with the architectural design of the development. 20. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 21. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development of Designee. 22. Prior to issuance of Building Permit, the applicant shall submit a photometric study to the Planning Division for review and approval. The study shall show locations of all exterior lighting fixtures and shall verify that a minimum 1 -foot candle of illumination is achieved throughout the onsite parking area. Moreover, the study shall demonstrate that a minimum of 5 -foot candles is achieved at building entrances. Furthermore, the photometric study shall indicate that the proposed candle illumination does not exceed 1 -foot at property lines. 23. The applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 24. No exterior roof ladders shall be permitted. 25. All exterior downspouts shall be concealed within the buildings. 26. Offices hours are tentatively proposed to be Monday through Saturday, 9 am to 4 pm. In addition to the offices hours, an automated system will allow access to the storage facility between the hours of lam and 7pm daily. An automated kiosk will be available 24 hours a day /seven days a week for the purpose of making payments and purchasing storage units only. AGEtQA t f t NO.�._ 27. The applicant shall submit one (1) check in the amount of $64.00 made payable to the Riverside County Clerk to the Planning Division within 48 hours of final approval by the City Council. 28. All outdoor storage areas shall be enclosed on all sides with a wall a minimum of six feet (6) in height as measured from the highest grade elevation either side of the screen. The screen shall be decorative, solid masonry wall. Gates shall be six feet (6) opaque material. 29. No material shall be stored higher than the wall. 30. Storage areas shall not encroach upon parking, landscaping, drive aisles, loading areas or landscaped areas. 31. No storage of scrap, waste or other material not utilized in the production process is permitted. CONDITIONAL USE PERMIT NO. 2007 -22 32. The Conditional Use Permit shall comply with all applicable requirements of the East Lake Specific Plan, unless modified by approved Conditions of Approval. 33. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. LANDSCAPING 34. The applicant shall provide and maintain shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Director of Community Development or designee. The landscape plan shall be implemented prior to issuance of a Certificate of Occupancy. 35. The applicant shall provide a rain sensor. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 36. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed. 37. Prior to submission for Building Permits, three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or Designee. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and ground cover coverage using a combination of drip and conventional irrigation methods. AGENDA 9-TEMt PACE .24 of c_:�8 b. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6") wide concrete curb. c. Plantings within fifteen feet (15) of ingress /egress points shall be no higher than thirty-six inches (36 "). d. Any ground mounted transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures. f. Final landscape plans shall include planting and irrigation details and shall include all tree and shrub container sizes to be reviewed and approved by the City's landscape architect consultant. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. A Landscape Maintenance Bond shall be provided prior to issuance of Certificate of Occupancy. The bond shall cover one hundred percent (100 %) of the total cost of landscaping improvements onsite. Release of the bond shall be requested by the Applicant at the end of the required one (1) year maintenance period subject to the approval of the City's Landscape Architect Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. SCHOOL/PARK/LIBRARY/MSHCP 38. The applicant shall comply with any /all requirements of the Lake Elsinore Unified School District. 39. The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. 40. The applicant shall pay park -in -lieu fees in effect at the time prior to issuance of building permits. pAc a-7 _ _ 41. The Applicant shall pay all applicable Library Capital Improvement Fund fee. 42. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits. 43. The applicant shall obtain the services of a Biologist to conduct a Burrowing Owl Survey thirty (30) days prior to any ground disturbance including removal of vegetation or other debris. BUILDING AND SAFETY DIVISION 44. The applicant shall meet all applicable Building and Safety Division requirements. 45. Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 46. The applicant must provide ADA Accessible Path of Travel to Public Right of Way from all buildings. Provide large scaled site plan to show compliance with ADA requirements prior to the issuance of building permits. ENGINEERING DIVISION General Requirements: 47. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 48. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 49. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 50. Phasing Plan shall be approved by the City Engineer. 51. An Encroachment Permit shall be obtained prior to any work on City right -of- way. PA E moo. 58 52. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities along project frontage shall be undergrounded. 53. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 54. Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right -of -way. 55. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer. 56. The applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards. 57. Provide fire protection facilities as required in writing by Riverside County Fire. Note: The emergency fire access gate shall be closed and locked at all times and signed "Emergency Fire Access Only ". 58. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 59. Ten (10) year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities shall be provided. 60. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 61. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 62. Slope maintenance along right -of -ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City. 63. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the AGENDA �3 applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 64. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 65. 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. 66. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 67. Applicant shall comply with all NPDES requirements in effect; including the submittal of Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 68. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 69. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 70. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. 71. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 72. The developer shall provide cash in -lieu of improvements (half- width) for the proposed raised median on Corydon Street. 73. The developer shall reconstruct any unused driveway on Palomar Street to a standard curb and gutter /sidewalk. 74. Provide street lighting and show lighting improvements on Palomar Street and Corydon Street. 75. Applicant shall submit new signing and striping plans for Palomar Street, Corydon Street and for onsite improvements. An electronic radar speed sign shall be installed on Palomar Street. All signing and striping and traffic control devices shall be installed prior to occupancy. 76. A Calif. Registered Civil Engineer shall prepare the street and traffic improvement plans. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Prior to Issuance of a Grading Permit 77. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 78. A portion of the proposed project may affect "wetlands" or "jurisdictional streambeds ", therefore, if required, a copy of permit approvals from respective Federal or State agencies shall be provided to the City. 79. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. In addition, no structures shall be located on City right -of -way unless permitted or approved by the City Engineer. Note: The right -of -way on Palomar Street, from centerline to property is 34 feet. 80. Construction Project access and hauling route shall be submitted and approved by the City Engineer. Note: Construction access shall be at the intersection of Palomar Street and Somerset Drive. 81. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 82. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 83. The applicant shall obtain all necessary off -site easements and /or permits for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 84. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Pry ,_ EI S� 85. 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 shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 86. An approved WQMP plan shall be provided. Prior to Issuance of Building Permit 87. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 88. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 89. No structures, landscaping, or equipment shall be located near the project entrances that compromise sight distance requirements. 90. Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 91. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 92. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 93. All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 94. All signing and striping and traffic control devices onsite and on Palomar and Corydon Streets shall be installed. 95. Water and sewer improvements shall be completed in accordance with Water District requirements. 96. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities. 97. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 98. The applicant shall pay cash in -lieu of the median improvements on Corydon Street. The cost shall be based on an estimate approved by the City Engineer. 99. The applicant shall submit as -built plans and shall be responsible for revising the mylar plans. A digital copy of all completed public improvement plans shall also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. WATER AND SEWER 100. The applicant shall submit water and sewer plans to Elsinore Valley Municipal Water District and shall incorporate all District conditions and standards, including payment of applicable connection fees prior to the issuance of building permits. RIVERSIDE COUNTY FLOOD CONTROL 101.The applicant shall comply with any /all requirements of the Riverside County Flood Control and Water Conservation District. ADMINISTRATIVE SERVICES DEPARTMENT 102. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special or Conditional Use Permit or building permit (as applicable), the applicant shall participate in the Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non - refundable deposit to cover the cost of the legal process to participate in the CFD. Contact Joan Cox, Harris & Associates at (949) 655- 3900 x2337 or jcox(c�harris- assoc.com. RIVERSIDE COUNTY FIRE DEPARTMENT General Conditions With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and /or recognize fire protection standards: HIGH PILE /RACK STORAGE 103.A separate permit may be required for high -pile storage and /or racks. Sprinkler plans and /or sprinkler review must be submitted by a licensed sprinkler contractor with storage and /or rack plans to Lake Elsinore Fire Services for review and approval of the 2007 CFC compliance. Complete information re: all commodities stored, rack dimensions, placement in building, sprinkler densities, etc. must be provided with suppression system for racks and /or high -pile storage review. A complete listing of commodities, classified using CFC 2007 Edition and NFPA 13, 2002 Edition guidelines by a licensed Fire Protection Engineer (or other consultant approved by this jurisdiction). (Current plan check feet is $348.00) ROOFING MATERIAL 104.All buildings shall be constructed with class B roofing materials as per the California Building Code. BLUE DOT REFELECTOR 105. Blue retro reflective pavement markers shall be mounted on private streets, public streets And driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. MIN REQ FIRE FLOW 106. Minimum required fire flow shall be 3000 GPM for 3 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V -B construction per the 2007 CBC and building(s) having a fire sprinkler system. SUPER FIRE HYDRANT 107.The average spacing between Super fire hydrants(s) (6" x 4" x 2 ''h" x 2 ''Y2 ") shall not exceed 400 feet between hydrants and have a maximum distance of 225 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. ON /OFF LOOPED HYD 108.A combination of on -site and off site super fire hydrants, on a looped system with the average spacing between Super fire hydrant(s) (6" x 4" x 2 '' /Z" x 2 '/z ") shall be not exceed 400 feet between hydrants and have a maximum distance of 225 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. Hydrants shall be at each road intersection and at driveway entrances to commercial projects. The required fire flow shall be available from any adjacent hydrants(s) in the system. TANK PERMITS 109.Applicant and /or developer shall be responsible for obtaining under /aboveground fuel, chemical and mixed liquid storage tank permit, from the Lake Elsinore Fire Services and Environmental Health Departments. Plans must be submitted for approval prior to installation. Aboveground fuel /mixed liquid tanks(s) shall beet the following standards: Tank must be tested and labeled and labeled to UL2085 Protected Tank Standard or SWRI 93 -01. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tanks' label from an independent test laboratory must be included with your plans. (Current plan check fee is $217.00 for the first Tank, each additional tank $32.00) RAPID ENTRY BOX 110. Rapid entry key storage box shall be installed on outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation (Current plan check fee is $126.00) AUTO /MAN GATES 111. Gate (s) shall be automatic or manual operated, minimum 24 feet width, with a setback of 35 feet from face of curb /flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic /manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. (Current plan check fee is $126.00) WATER PLANS 112.The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed /approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." BLDG PLAN CHECK 113. Building plan check deposit fee of $1,056.00, shall be paid in a check or money order to the City of Lake Elsinore before plans have been approved by our office. WATER CERTIFICATION 114.The applicant or developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 3000 GPM fire flow for a 3 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. P,Acr- 35 of 58 WATER PLANS 115. The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local Water Company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." PRIOR TO BUILDING FINAL INSPECTION FIRE LANES 116. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. SUPER FH /FLOW 117. Minimum required fire flow shall be 3000 GPM for 3 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V -B construction per the 2007 CBC and building(s) having a fire sprinkler system. The average spacing between Super fire hydrant(s) (6" x 4" x 2'/2" x 2' /z ") shall be not exceed 400 feet between hydrants and have a maximum distance of 225 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. SPRINKLER SYSTEM 118. Install a complete fire sprinkler system per NFPA 13 2002 edition Extra Hazard Group 2. Sprinkler system(s) with pipe size in excess of four inch (4 ") diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and the minimum of 40 feet from the building protected, on the same side of the street and driveway. A statement that the building(s) will be automatically fire sprinkled must be included on the title page of the building plans. (Current sprinkler plan check fee is $614.00 per riser) Automatic fire sprinkler system risers shall not be obstructed in any manner. If a system riser is to be concealed by means of a wall, soffit, column, or other building construction, it shall be provided with eighteen (18) inch clearance to each side and to the front of the system riser. Access shall be provided by means of a door with the minimum dimensions two (2) feet six (6) inches in width by six feet (6) eight inches (8 ") in height. PAS 3 6 OF Se Applicant or developer shall be responsible to install a Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system(s) water flow, P.I.Ws and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline handout (current Monitoring plan check fee is $192.00) EXTINGUISHERS 119.Install portable fire extinguishers with a minimum rating of 2A -10BC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. TITLE 19 120. Comply with Title 19 of the California Administrative Code. RIVERSIDE COUNTY SHERIFFS DEPARTMENT 121. The Applicant shall comply with any /all requirements of the Riverside County Sheriff Department. End of Conditions AGENDA WO. PF GE_3-7_ r S8 F1 The following vote resulted: AYES: CHAI VICE IONER IONER NOES: / NONE 7 2. Conditional Use Permit No. 2007 -22 and Industrial Design Review No. 2007 -04. Recommendation: Denial Chairman Zanelli opened the Public Hearing at 6:07 p.m. (^ Planning Consultant Miller provided a brief overview of the project with the Commission. She noted the project was continued at the Planning Commission meeting on October 7, 2008. She stated that the applicant has since completed traffic and noise studies to determine if the project would create any impacts to the neighboring residential community. She advised the Commission that the applicant is present and would be available to answer any questions that the Commission may have. Mike Dunn, applicant for the project advised the Commission that the driveway has been relocated at the request of staff and spoke of issues with the earthquake fault running through the lot. He indicated that a traffic and noise study was conducted which showed no impacts to the project. John Treese, Cape Cod Drive, Lake Elsinore spoke in opposition of the project. He indicated he was representing fifty -four (54) neighbors in the Serenity neighborhood who are opposed to the project. He indicated that the main reason for opposing the project was due to the design of the project and the traffic & speeding issues located on Corydon & Palomar. Valerie Treese, Cape Cod Drive, Lake Elsinore, spoke in opposition of the project. She noted that should the project be approved, additional road improvements would F1 need to be completed at the corner of Corydon onto Palomar. Public Works Director Seumalo replied, should the project be approved, he would coordinate the improvements with the Traffic Engineer regarding the site distance issues. AGERDMTEANO- ?2 PAGEE`�Sa__ There being no further comments, Chairman Zanelli brought the discussion back to the dais for Commissioners comments. Commissioner O'Neal noted that one of the reasons that the project was continued at the last Planning Commission meeting was due to zoning issues of the East Lake Specific Plan. Acting Community Development Director Weiner indicated the denial of the project was because the Specific Plan Amendment has not been requested by the applicant. He stated the East Lake Specific Plan has a Conditional Use Permit mechanism that would bring the project forward for the Commission to review. He stated the applicant has not submitted a request for a land use designation change which is why the denial is being recommended by staff, and staff can't make the findings for this use in an R -1 zone. Commissioner O'Neal requested further clarification on the basis of the denial recommendation. Acting Community Development Director Weiner replied that in addition to the R -1 situation, there are set back. Commissioner Gonzales requested clarification on the hours. Mike Dunn, applicant spoke of the hours for the location. He indicated that there l would be a kiosk installed at the location that would allow access. He stated that a manager would work part time on site for about forty (40) hours per week. He also noted that there would be cameras set up for security. Deputy City Attorney Winterswyk clarified to the Commission the language of Section 9.2.2 of the East Lake Specific Plan that stated an allowance for other uses with a Conditional Use Permit. She stated that staff is not adding a dimension to the property which is zoned residential which keeps the property within the residential scheme. She stated that the request consists of trying to change a land use by virtue of a Conditional Use Permit which is why staff is having difficulties making the Findings necessary to approve the Conditional Use Permit. Mike Dunn, applicant spoke of a letter that was submitted for the record dated 2001 or 2002 which indicated that the site could be used for a self storage. Commissioner Mendoza spoke of the two- thousand (2000) hours per year and asked if it is a guideline or a requirement. Planning Consultant Miller indicated that she spoke with the City's Building Official who indicated that two- thousand (2000) hours would be. the maximum hours allowed. Commissioner Mendoza pointed that one of the main issues for this project would be the graffiti. PFG_39 O° SS. Deputy City Attorney Winterswyk discussed at length the Findings required for the approval of a Conditional Use Permit pursuant to the L.E.M.0 and she stated it may be possible to make the findings. Vice - Chairman Flores noted that many years ago there was a signal light at the location of Corydon and Palomar. He noted that the street lights were a major benefit because of the safety issues on Corydon. He stated as development enters into the City, it brings forth changes which could also bring concerns. He expressed his concerns with the possible tagging of the project should the project be approved. He suggested that should this project be approved, that conditions be modified to include road improvements at the corner of Palomar & Corydon. Chairman Zanelli addressed this concern from the residents of the Serenity neighborhood. He also expressed his concerns with the speeding on Corydon and addressed the graffiti concerns. He noted that part of the Conditions of Approval would include the building to be painted with an anti - graffiti surface. He also expressed that the project should be heavily landscaped. He addressed the maximum two- thousand (2000) hours and indicated that this project would be a state of the art project, and would have an automated entry with surveillance. He indicated that he feels this project would be an improvement to the area. Chairman Zanelli closed the Public Hearing at 6:51 p.m. F1Commissioner O'Neal asked if the environmental study has been completed. Acting Community Development Director Weiner replied "Yes." Commissioner O'Neal stated he believes that this project is outside the scope of R- 1, and would like to have this project go through the East Lake Specific Plan rather than a Conditional Use Permit and returned to the Planning Commission for further review. Chairman Zanelli asked Acting Community Development Director Weiner if the General Plan Update intent is to change the zoning for this project. Acting Community Development Director Weiner replied "No." He indicated that this is a Vested Specific Plan and that vested specific plans would not be modified. Chairman Zanelli asked what the fees would be to amend a specific plan. Acting Community Development Director Weiner indicated it would be around $5,000 to $7,000 for planning fees and additional fees for any further environment analysis that would be required n Commissioner Gonzales asked if the applicant would need to go through this all over again should the project be approved. Acting Community Development Director Weiner replied should the commissioner want this project to move forward, the Commission would direct staff to bring back pp,Jr_'4o Ct� F1 Conditions of Approval and Resolutions. The applicant would also need to provide a Variance application to address the set back issues. He stated that should the project be approved at the Planning Commission, the project would then be presented before the City Council for further discussion. It was motioned by Commissioner Mendoza, and seconded by Vice - Chairman Flores to direct staff to provide the Commission with a Resolution and Conditions of Approval and have the applicant submit a Variance application for this project. The following vote resulted: AYES: CHAIRMAN ZANELLI VICE - CHAIRMAN FLORES COMMISSIONER MENDOZA COMMISSIONER GONZALES NOES: COMMISSIONER O'NEAL ABSENT: NONE ABSTAIN: NONE Chairman Zanelli opened the Public Karing at 7:06 p.m. Project Planner Coury provid an overview of the project to t ommission. He expressed to the Commissi that this site is part of the yet -t e- approved General Plan Update that is bein roposed and the General Pla pdate re - designates the site from low mediu residential to general comme al. He indicated that the commercial project uld include a Fresh & Easy M et as well as other shops. He indicated the pr ' ct would be constructed int o (2) phases. He noted that access to the would be located from two eways, one located on Lake Street, and the othe on Mountain Street. He expr sed to the Commission that a mitigated negative claration has been prepared a noted that he received two letters from Iwo (2) es primarily focused on th needs for tribal monitoring. He advised the Com ' sion that he had a meetin ith Mrs. Jimenez who is present at the meeting. He ' dicated a letter from Mrs. enez has been entered into the record. He also pg0vided to the Commissionarletter from the applicant on two Conditions that are quested to be mifie He noted to the Commission that the applicant is requesting to modify od th 'Sign Program requirements and indicated a letter from the applicant outlining modifications. He advised the Commission that staff recommends appe6val of the project based on the Findings and is subject to the Conditions of Approval. He indicated that the applicant is available to answer any questions that the Commission may have. AGEMA ITIN N':0._ PAGE __T 1 G1- CITY OE DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JANUARY 20, 2009 SUBJECT: CONDITIONAL USE PERMIT NO. 2007-22 AND INDUSTRIAL DESIGN REVIEW NO. 2007 -04 APPLICANT: MIKE DUNN, 3520 CADILLAC AVENUE, SUITE B, COSTA MESA, CALIFORNIA 92626 OWNER: Q.T. PROPERTY, LLC; CONTACT: AL BELL, MANAGER, C/O ROBERT ROSENSTEIN & HITZMAN, 28600 MERCEDES STREET, TEMECULA, CALIFORNIA 92590 Project Request The applicant is returning to Planning Commission afterthe projectwas recommended for a Continuance at the regular scheduled meeting of October 7, 2008. The applicant is requesting consideration of a Conditional Use Permit and an Industrial Design Review to allow for the development of a Self Storage and Recreational Vehicle Storage Facility (CUP No. 2007 -22 and IDR No. 2007 -04). Project review is pursuant to Part VII: Development Regulations, Chapter 7.4 (Residential Development Regulations); Subsection 9.2.2 (Conditional Use Permit); Subsection 9.2.3, Design Review and all other sections within the East Lake Specific Plan as they relate to the development of this proposal. Background The project was heard at the regularly scheduled meeting of the Planning Commission on October 7, 2008. Staff recommended denial of the project based on the inability to make findings to support a self storage facility on a project site that is designated for Residential use per the East Lake Specific Plan. Since the project was being recommended for denial, there was no environmental determination made at that time, since the project was being recommended for denial. The Planning Commission voted unanimously to continue the project. AGENOA ITE?d N 0.��__ PACE T9 OAF 5-0 CUP No. 2007 -22 and IDR No. 2007 -04 January 20, 2009 Page 2 of 7 Since the October 7, 2008 Hearing, the applicant has obtained traffic and noise studies to determine if the Storage Facility would create any impacts to the neighboring residential uses. Both studies found that impacts from the Storage Facility would be "less than significant," which would allow Staff to make a determination that the project could be considered "In -.Fill Development' pursuant to Section 15332, Class 32 of the California Environmental Quality Act (CEQA). The applicant also processed a Lake Elsinore Acquisition Process (LEAP) and Joint Power Review (JPR) through the Regional Conservation Agency (RCA). The LEAP application was reviewed pursuant to the Multiple Species Habitat Conservation Plan ( MSHCP) "Plan Wide Requirements ". The project was found to be consistent with both the Criteria and other MSHCP requirements and no further Plan requirements were necessary. While the environmental and MSHCP requirements have been met, the issue of land use compatibility remains. The site is designated Residential One that allows primarily residential uses. The proposed use is considered to be industrial. The Planning Commission may find that since the use will not environmentally impact the neighbors, it may be deemed acceptable with the restrictions of a Conditional Use Permit (CUP). The East Lake Specific Plan requires a CUP for this type of use in a residential zone area. Project Location The site is located on a 2.7 acre vacant parcel at the corner of Corydon Street and Palomar Street (APN 370 - 120 -045). Setting The General Plan Designation is Specific Plan. The Land Use Designation is Residential 1 (up to 6 du /ac) as described in the East Lake Specific Plan. The site is located within the mapped Alquist - Priolo Special Studies Zone (please refer to the sections within this report that lists the requirement and restrictions for properties located in this Special Study Zone). The existing surrounding land uses adjacent to the proposed project site are 1) a single AGENDAt1'e:M NO.�® PAGE _Lt3_0F_ PJ - n �s }r 1.. Ell • • _ Residential •- , •li • _ • _ Public -• ®� WYiWYii - • • _ • ♦ ♦ ♦ • • _ AreaMl Specific Single Family Specific Plan Residential YYiiYWi • of Riverside (�o`unty of Riverside The General Plan Designation is Specific Plan. The Land Use Designation is Residential 1 (up to 6 du /ac) as described in the East Lake Specific Plan. The site is located within the mapped Alquist - Priolo Special Studies Zone (please refer to the sections within this report that lists the requirement and restrictions for properties located in this Special Study Zone). The existing surrounding land uses adjacent to the proposed project site are 1) a single AGENDAt1'e:M NO.�® PAGE _Lt3_0F_ PJ - CUP No. 2007 -22 and IDR No. 2007 -04 January 20, 2009 Page 3 of 7 family residential project known as "Serenity" located to the west and directly across Palomar Street; 2) a neighborhood park that is part of the Serenity development and north of the site; 3) an existing mobile home park approximately ten feet (10') below and east of the site; and 4) a vacant parcel across Corydon Street, south of the project site located within the City of Wildomar. The Mobile Home Park and properties east of the project site have land use designations of AUA (Airport Use Area) East Lake Specific Plan. Project Description Conditional Use Permit A Conditional Use Permit is being requested because the industrial use is not listed as a Permitted Use within the Residential One designation within the East Lake Specific Plan. However, approval of a Conditional Use Permit for a certain use may be considered pursuant to Section 9.2.2 of the East Lake Specific Plan that states that there is an allowance for other uses with a CUP, "not specifically permitted nor prohibited in the Development Regulation." Findings that need to be made for approval of a Conditional Use permit are as follows: The proposed use is in accordance with the objectives of the Specific Plan and the Planning Area in which the site is located. 2. The site is adequate in size and shape to accommodate the proposed use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other regulations required by this Specific Plan. 3. There will be no adverse effect on abutting property or the permitted and normal use thereof. 4. Adequate conditions and safeguards are incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. Industrial Design Review No. 2007 -04 The applicant proposes to construct three (3) multiple unit, storage buildings on an approximately 2.7 acre vacant site. The details of the buildings and square footage are reflected in the matrix below: CUP No. 2007 -22 and OR No. 2007 -04 January 20, 2009 Page 4 of 7 Building Square Footage Use Building A 22,183 172 storage units Building B (includes 417 sq. ft. office ) 9,867 35 storage units & office only (caretaker unit not allowed Building C 1,764 11 storage units The applicant has provided information stating that the office may be occupied for a maximum of 2000 hours per year since the project is located within a restricted Alquist- Priolo Fault area. This restriction is pursuant to the "Guidelines for Evaluating and Mitigating Seismic Hazards in California," a report that was adopted March 13, 1997 by the State Mining and Geology Board in Accordance with the Seismic Hazards Mapping Act of 1990. It is used as a guideline by the City of Lake Elsinore. The total footprint area of all buildings is 34,231 square feet or twenty -nine percent (29 %) of the lot area. The maximum lot coverage allowed in the Residential 1 area of the ELSP is sixty percent (60 %). The applicant is also proposing to include sixty -one (61) covered recreational vehicle /boat parking spaces located in the "restricted" Alquist Priolo Fault area. The setbacks required along Corydon Street are forty feet (40') from the face of curb. The plans show approximately forty (40) feet that varies slightly due to architectural wall projections (This setback requirement has been re- interpreted from the initial review and found to be substantially acceptable). Palomar Street is considered to be a Collector Street. Setbacks of forty feet (40') from face of curb are also required for Palomar Street. There is a ten foot (10') walkway /parkway provided, however the thirty foot (30') area required for landscaping varies from eighteen (18') feet to five (6) feet, averaging between five (5") feet and ten (10 "). Interior property lines require a fifteen foot (15') setback when the use is adjacent to open space, which would apply in this case with an adjacent park. The applicant has provided two small planters or setback areas along this boundary. The main entrance driveway has been relocated farther north from the corner of Palomar Street and Corydon Street per the request of both the Engineering Division and County of Riverside Fire Department. An emergency Fire Access Gate is provided approximately eighty -five feet (85') north of Corydon Street, however, since this will only be used in emergency situations, it has been deemed acceptable. ANALYSIS Conditional Use Permit No. 2008 -08 Staff has provided the following analysis in response to each required Finding. Since the applicant has completed his CEQA and MSHCP requirements and Staff has re- visited the set -back issues, some of the following findings have been revised from the original Staff PAoE 45 o G:� 9) CUP No. 2007 -22 and IDR No. 2007 -04 January 20, 2009 Page 5 of 7 Report. The proposed use is in accordance with the objectives of the Specific Plan and the Planning Area in which the site is located. The proposed project is not in accordance with the objectives of the ELSP because the project is an industrial project that is proposed to be developed on land that has a land use designation of residential. The industrial land use is not in accordance with the objectives of the Residential 1 land use because: The Residential 1 land use designation permits only residential, park and open space, and recreation type land uses on property with a Residential 1 land uses on property with a Residential 1 land use designation. • Industrial uses are not listed as conditionally permitted uses within the Residential 1 land use designation of the ELSP. However, the Planning Commission can find that since both the Noise and Traffic Studies found that impacts are less than significant, the use may be allowed with a Conditional Use Permit. 2. The site is adequate in size and shape to accommodate the proposed use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other regulations required by this Specific Plan. The question of whether the site is adequate in size and shape to accommodate the proposed use is not resolved due to two issues, therefore, Staff cannot make this finding without approval of a Variance due to the constraints of the Alquist- Priolo Fault line and the non - compliance with the required setbacks listed in the East Lake Specific Plan. Required setbacks: Palomar Street is considered to be a Collector Street which requires a ten foot (10) walkway /parkway and thirty foot (30) landscaped area. The applicant proposes a varying building setback from eighteen (18) feet to five (5) feet, averaging between five (5') feet and ten (10'). Interiorpropertylines require a fifteen foot (15) setback when the use is adjacent to open space, which would apply in this case with an adjacent park. The applicant has provided two small planters or setback areas along this boundary. The Planning Commission may considergranting a Variance for these deficient setbacks based on the physical limitations of the site, specifically the Alquist Priolo Fault that runs though the center of the project. 3. There will be no adverse effect on abutting property or the permitted and normal use thereof. AGEiy0,2 €f-L"A €40. 3 PAC;E_q_(,__Gr —s a CUP No. 2007 -22 and IDR No. 2007 -04 January 20, 2009 Page 6 of 8 Upon review of a Traffic and Noise Study provided by the applicant, it can be determined that there will be no adverse effect on abutting property specifically in the areas of traffic and noise. It was also found that the number of traffic counts is insignificant and would not impact the air quality of the general area. 4. Adequate conditions and safeguards are incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. Conditions have not been provided since Staff is recommending denial. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), the proposed Conditional Use Permit No. 2007 -22 and Industrial Design Review No. 2007 -04 located on a vacant parcel at the corner of Corydon Street and Palomar Street is not a project given that the project is recommended to be denied. A preliminary environmental analysis including Traffic and Noise studies were completed. These studies found that the project would create less than significant impacts to the neighboring residential uses. Therefore, if the project may be considered acceptable, the project could be determined to be exempt from CEQA pursuant to Section 15332, In -Fill Development Projects, meeting the criteria of the Class 32 characteristics. The applicant also processed the project through a Lake Elsinore Acquisition Process (LEAP) and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements ". The project was found to be consistent with both the Criteria and other MSHCP requirements and no further Plan requirements were necessary. RECOMMENDATION It is recommended that the Planning Commission deny the request for the proposed Conditional Use Permit No. 2007 -22 and Industrial Design Review No. 2007 -04 located on a vacant parcel at the corner of Corydon Street and Palomar Street (APN 370 - 120 -045). If the Planning Commission is inclined to approve the project, Staff will bring the project back before the Planning Commission with approval Resolutions and Conditions of Approval. In order to comply with the requirements of the East Lake Specific Plan, the applicant shall be required to submit a request for review and approval of a Variance for the setbacks along Palomar Street and the interior property line. The Variance application will be brought before the Planning Commission with the approval Resolutions and Conditions of Approval. 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