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HomeMy WebLinkAboutItem No. 1CITY OF LA K E � LS I I` O E � � DREAM EXTREME, CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: GRANT TAYLOR COMMUNITY DEVELOPMENT DIRECTOR DATE: OCTOBER 15, 2013 SUBJECT: CONDITIONAL USE PERMIT NO. 2001 -05 MODIFICATION - A REVIEW OF THE LAKE ELSINORE MOTORSPORTS PARK, A 93- ACRE MOTOCROSS AND OFF -ROAD FACILITY LOCATED AT 20700 CEREAL STREET. (APN: 370 - 030 -012) APPLICANT: GIOVANNI NANCI AND CHAD AZEVEDO, VISION QUEST ENTERPRISES, INC. 23905 CLINTON KEITH ROAD, WILDOMAR, CA 92595 OWNER: BRUCE KEETON, KEETON CONSTRUCTION COMPANY, 41635 N. ENTERPRISE CIRCLE, TEMECULA, CA 92590 Proiect Request Staff is requesting the Planning Commission review the motorsports park facility pursuant to Conditional Use Permit No. 2001 -05 Modification, Condition of Approval #2 which states in part "the Conditional Use Permit shall be reviewed periodically, but not less than annually, by the Planning Commission to evaluate the findings set forth in Section 17.168.060 of the Lake Elsinore Municipal Code, including (i) the consistency of the use with the City's General Plan, applicable Specific Plan and Zoning Ordinance, (ii) the compatibility with neighboring uses, and (iii) compliance with the conditions of approval." Environmental Setting The subject property is surrounded by undeveloped vacant lands, an airport, a storage facility and an industrial park with the following general plan, zoning and land use descriptions. PC October 15, 2013 Item No. 1 Page 1 of 32 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2001 -05 MODIFICATION REVIEW OCTOBER 15, 2013 PAGE 2OF8 Project Description and Background The subject property is currently developed with a 93 -acre motocross and off -road vehicle facility that includes a pee wee track, 60/80 track, vet track, UTV /quad track, main track, and short course track. In addition, a ticket booth, administrative trailer, security trailer, bleachers, canopies, temporary structures and equipment are included. Special events are also conducted including the Lucas Oil Pro Motocross Nationals, Lucas Oil Off -Road Racing, and Mud Runs. Adjacent to the motocross is an 80 -acre parcel used as overflow parking for special events. Motocross operations began in early 1998 pursuant to Conditional Use Permit No. 96 -8 approved on February 4, 1998 for an initial 3 -year interim use. A Mitigated Negative Declaration was adopted. Improvement plans (grading plan #324) were submitted to and approved by the Riverside County Flood Control and Water Conservation District. The District determined that the plans satisfied the conditions of the 404 Permit. The improvement plans were also submitted to and approved by the California Regional Water Quality Control Board and the Army Corp of Engineers. The RWQCB determined that no Streambed Alteration Agreement was required for the project and water quality certification requirements were waived. The ACOE issued a letter in December of 1998 which authorized the work per the Lake Management Project (LMP) Permit No. 88- 00215 -RRS per special condition M and Q of the LMP permit, and determined that the project activity was in compliance with Nationwide Permit NW 26A. Conditional Use Permit No. 2001 -05 was approved on August 7, 2002 subject to conditions of approval for a 5 -year period and a new Mitigated Negative Declaration (MND 2002 -02) was adopted. PC October 15, 2013 Item No. 1 Page 2 of 32 EXIST(NSG` Z ;} ZUNING` r ` GENERAL. P,AN t �5h ,v� sir � � � �� Project Site Existing motocross East Lake Specific Plan East Lake Specific Plan off -road facility Res. 2, Res. 1 and OS R -2, R -1 and OS Northwest Skylark Airport & East Lake Specific Plan East Lake Specific Plan Mini-storage Residential 2/ Open Space R -2, OS Northeast Vacant / East Lake Specific Plan East Lake Specific Plan Undeveloped Residential 1 and 2 R -1, R -2 Southeast Industrial Office, East Lake Specific Plan M -1 (Limited Industrial) Warehouse M -1 Limited Industrial Southwest Storage / Industrial East Lake Specific Plan East Lake Specific Plan Residential 3 R -3 Project Description and Background The subject property is currently developed with a 93 -acre motocross and off -road vehicle facility that includes a pee wee track, 60/80 track, vet track, UTV /quad track, main track, and short course track. In addition, a ticket booth, administrative trailer, security trailer, bleachers, canopies, temporary structures and equipment are included. Special events are also conducted including the Lucas Oil Pro Motocross Nationals, Lucas Oil Off -Road Racing, and Mud Runs. Adjacent to the motocross is an 80 -acre parcel used as overflow parking for special events. Motocross operations began in early 1998 pursuant to Conditional Use Permit No. 96 -8 approved on February 4, 1998 for an initial 3 -year interim use. A Mitigated Negative Declaration was adopted. Improvement plans (grading plan #324) were submitted to and approved by the Riverside County Flood Control and Water Conservation District. The District determined that the plans satisfied the conditions of the 404 Permit. The improvement plans were also submitted to and approved by the California Regional Water Quality Control Board and the Army Corp of Engineers. The RWQCB determined that no Streambed Alteration Agreement was required for the project and water quality certification requirements were waived. The ACOE issued a letter in December of 1998 which authorized the work per the Lake Management Project (LMP) Permit No. 88- 00215 -RRS per special condition M and Q of the LMP permit, and determined that the project activity was in compliance with Nationwide Permit NW 26A. Conditional Use Permit No. 2001 -05 was approved on August 7, 2002 subject to conditions of approval for a 5 -year period and a new Mitigated Negative Declaration (MND 2002 -02) was adopted. PC October 15, 2013 Item No. 1 Page 2 of 32 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2001 -05 MODIFICATION REVIEW OCTOBER 15, 2013 PAGE 3OF8 The project was brought back to the Planning Commission for consideration of modification or revocation of the Conditional Use Permit and on June 15, 2010 the Planning Commission adopted revised conditions of approval and such conditions were confirmed on August 17, 2010. CUP 2001 -05 MOD and MND 2002 -02 are the entitlement and environmental documents governing the subject property and facility operations. In August 2011 the City was notified that Vision Quest Enterprises, Inc. had acquired the motocross facility from the previous operator and was re- opening the motor sports park. On August 17, 2011 Giovanni Nanci signed acknowledgement and acceptance of the Planning Commission revised conditions of approval. Staff has been working with the applicant and monitoring the facility to ensure compliance with the CUP and applicable conditions of approval. The City required the applicant to submit "as- built" grading plans to ensure compliance with grading plans #324, the Municipal Code, conditions of approval, the 404 Permit, and address concerns raised by the Elsinore Valley Municipal Water District (EVMWD). Analysis and Discussion Condition of Approval #2 of CUP 2001 -05 MOD requires the Planning Commission to evaluate the project pursuant to the findings set forth in Municipal Code Section 17.168.060 CUP Findings, which states, "The Commission shall make the following findings before granting a conditional use permit: A. That the proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. B. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. C. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title. D. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. E. That in approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted and normal use thereof. F. That adequate conditions and safeguards pursuant to LEMC 17.168.050 have been 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." PC October 15, 2013 Item No. 1 Page 3 of 32 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2001 -05 MODIFICATION REVIEW OCTOBER 15, 2013 PAGE 4OF8 Condition of Approval #2 (i) requires "consistency of the use with the City's General Plan, applicable Specific Plan and Zoning Ordinance." Staff has determined that the General Plan designation is Specific Plan and the East Lake Specific Plan allows interim uses such as the motocross facility. There have been unauthorized uses and improvements over the years but this review is based on Vision Quest operation of the facility and compliance with CUP 2001 -05 MOD. The facility has demonstrated substantial compliance with the Municipal Code although some conditions of approval have been deemed outstanding and staff and the applicant are working to satisfy all conditions. Condition of Approval #2 (ii) requires "compatibility with neighboring uses." Staff has received several complaints of noise and dust which have been relayed to the applicant to ensure watering the facility and compliance with hours of operation and authorized uses on -site. Complaints have been minimal and benefits to the community significant. Condition of Approval #2 (iii) requires "compliance with conditions of approval." CUP 2001- 05 MOD has 40 conditions of approval. The conditions of approval are the bulk of review and analysis of the motorsports facility in this report. On September 11, 2013 staff including Planning, Building & Safety, Fire, and Public Works met on -site and conducted a thorough inspection of the facility with applicant/operators Giovanni Nanci and Chad Azevedo and property owner Bruce Keeton including the entrance area, administrative trailer, ticket area, security trailer, storage areas and perimeters of the facility. Staff prepared an inspection checklist with all conditions of approval and staff members forwarded comments pursuant to Attachment 4, Inspection Checklist Staff Comments). On September 16, 2013 staff conducted an all hands meeting with the applicants, owner representative and the City Manager to review staff findings identified in Attachment 5 (City Memorandum dated September 16, 2013). Staff identified 18 areas of concern pertaining to the conditions of approval. Rather than go through all 40 conditions of approval provided in Attachment 6, following is a summary of staff concerns and actions taken by the applicant and /or observed by staff in a follow up on -site inspection. On October 10, 2013 staff (i.e. Planning, Building & Safety and Fire) field checked the motorsports facility to verify current property status. Condition #2: Cup 2001 -05 MOD conditions of approval finalized by the Planning Commission August 17, 2010 provide for an annual review. Although City staff has been reviewing compliance and working with the owner and operator to address outstanding conditions, this is the first review to be conducted by the Planning Commission. Subsequent Planning Commission reviews will be scheduled annually in October. PC October 15, 2013 Item No. 1 Page 4 of 32 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2001 -05 MODIFICATION REVIEW OCTOBER 15, 2013 PAGE 5OF8 Condition #5: The applicant submitted an operating description of the facility per Attachment 3 identifying the facility operations, hours, fees, staffing, rules /regulations, tracks, special events, equipment used, track maintenance, and questions /answers. Condition #10: The applicant provided an updated and detailed site plan that shows the location of the temporary restrooms. Staff field verified restrooms are present. *Condition #11: Spill kits have been placed for events and there is a central fueling area for riders however riders have been observed fueling at their trailers /trucks. Operator shall provide a handout to all participants identifying fueling requirements and shall enforce compliance with such fueling requirements. Condition #13: Operators have complied with the requirement to obtain a Special Event Permit for activities outside the approved CUP. One event was an exception and the operators have agreed to notify the City early of all upcoming events. *Condition #14: This condition requires compliance with the Mitigation Monitoring and Reporting Program set forth in Mitigated Negative Declaration 2002 -02 to include mitigation for air quality, hydrology and water quality, public services, and transportation and traffic. Condition #14 contains Public Works Department requirements and comments summarized in Attachment 4 and indicates that the applicant has substantially complied as two large water tanks are on -site and watering trucks observed but watering frequency is unknown; have complied with NPDES, have paved Cereal Road, and provided a secondary access from Mission Trail, complied with providing parking attendants, posted no smoking signs, and provided fire extinguishers. Staff visually confirmed the fueling area does have a separation from public assembly and spectator areas a minimum of 50 feet and is on a concrete pad. Public Works did note deficiencies in that 1) slopes must be protected to prevent erosion; 2) containers must be labeled; 3) trash and debris must be picked up and disposed; 4) equipment must be stored under cover and off of the ground; 5) cover concrete bags and stockpiles. These comments have been forwarded to the operators and staff will continue to monitor to verify compliance. On October 10, 2013 staff field verified that some of the slopes have protection and others do not, containers were labeled and on palettes off the ground, the containers were covered, and some of the trash had been removed but some remained. Condition #15: The certificate of insurance had expired but the applicant submitted updated and current insurance policy documentation. *Condition #16: A handrail is required for platforms above 30 inches in height. A handrail is needed for the administrative trailer and has not been installed or a permit obtained. The applicant has been notified to secure permit, install handrail, and gain inspection and PC October 15, 2013 Item No. 1 Page 5 of 32 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2001 -05 MODIFICATION REVIEW OCTOBER 15, 2013 PAGE 6OF8 final approval. The operators have installed telephones to notify a cart to transport disabled persons to a public viewing area of the track. Staff field verified that the handrail has not been installed and the phones have currently been removed for repairs and staff will ensure they are re- installed and properly operating. Condition #17: The site plan attached to CUP 2001 -05 MOD was not clear and did not provide sufficient information to verify compliance with operation of the facility and conditions of approval. The applicant has submitted an updated and detailed site plan pursuant to Attachment 7 that provides a sufficient level of detail including access points, administrative trailer, ticket booth, track locations and types, restrooms, parking and other structures and amenities. *Condition #22: The operator has submitted an "as- built" grading plan and staff recently provided a third set of comments and corrections. Staff has requested the applicant to address the corrections as soon as possible as the grading plan is a critical condition to verify that the capacity of the Back Basin floodplain has not been compromised. Upon final review, staff may determine to forward the grading plan to the Army Corp of Engineers. The applicant engineer contacted Public Works stating a 4t" submittal will be forwarded in the near future. Condition #23: The topographic map is included on the grading plan and will be verified upon final "as- built" grading plan approval. The topographic map is necessary to verify the elevations of temporary improvements. *Condition #25: The HEC analysis is necessary to verify the impacts of mulching and construction of the tracks on the flood volume capacity of the back basin. The operator has indicated the analysis has begun and still will pursue completion and verification of the analysis. Condition #26: Public Works has verified that this condition has been satisfied and all building finish floors are at or above elevation 1267. However, a shipping container used for storage is below 1267. Condition #29: FEMA elevation certificates have been submitted for the ticket booth and administrative building. No Certificate is on file for the storage container as it is not considered a structure. Condition #30: This condition is redundant with Condition #22. Condition #36: Secondary access has been provided from Mission Trail. Operator to submit written documentation. PC October 15, 2013 Item No. 1 Page 6 of 32 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2001 -05 MODIFICATION REVIEW OCTOBER 15, 2013 PAGE 7OF8 Condition #37: The City has no documentation providing permission from down street property owners. The drainage is being contained in basins on -site and /or conveyed as historic flow. *Condition #39: Staff verified the trash and oily rags have been largely disposed of and the operator has been advised to keep the site clear of trash and debris. Summary Based on the field inspections and all hands meeting with staff, the facility operators and property owner's, staff did not observe significant deficiencies with the facility operation but noted some conditions of approval were not in compliance. Attachment 4 includes staff comments from Planning, Building & Safety, Fire and Public Works Departments and Attachment 5 provides a summary memorandum. Staff field checked the subject property on October 10, 2013 and noted actions have been taken to comply with conditions but minor follow up is required for conditions 11, 14, 16, and 39 as identified by the asterisks. The two critical outstanding conditions are Condition 22, final approval of the grading plan which the applicant engineer has reviewed the City's corrections and will be making a 4t" submittal in the near future. Condition # 25, approval of the HEC analysis which the applicant engineer has downloaded the HEC 5 program through the USACOE and is working on the plan for submittal to Public Works in the near future. Staff will continue to work with the motor sports facility operators and owners to pursue full compliance, and continue to monitor the facility. Recommendation Staff recommends that the Planning Commission provide comments, receive and file. Prepared By: Grant Taylor Community Development Director Reviewed By: Richard J. MacHott, LEED Green Associate Planning Manager Barbara Leibold, City Attorney Leibold, McClendon & Mann PC October 15, 2013 Item No. 1 Page 7 of 32 PLANNING COMMISSION STAFF REPORT CONDITIONAL USE PERMIT NO 2001 -05 MODIFICATION REVIEW OCTOBER 15, 2013 PAGE 8OF8 Attachments: 1. Aerial Map 2. East Lake Specific Plan Zoning Maps (3) 3. Motocross Park Operations Description 4. Inspection Checklist Staff Comments 5. City Memorandum dated September 16, 2013 6. Planning Commission Revised Conditions of Approval 7. 24" x 36" Site Plan PC October 15, 2013 Item No. 1 Page 8 of 32 �4 r� T i� s �> :"ti. s s7 -, 7j r .r. r 3 Rw hu J ^v p� a � Lake Elsinore lqufarspart WV September 23, 2013 City Of Lake Elsinore 130 S. Main St. Lake Elsinore, CA 92530 Operations of Lake Elsinore Motorsports Park: Lake Elsinore Motorsports Park is on premier off -road facility located at 20700 Cereal St, Lake Elsinore, CA 92595. LEMP operates five motorcycle tracks and one Lucas Oil short course truck track. The tracks are open to the public for daily practice and special events. All tracks are on our 93 acre parcel which operates off a designed CUP for its uses. Hours: Motorcycle Tracks Friday - Sunday 8:00am - Dusk ** We add a weekday or two during the cooler months of the year. Short Course Truck Track Open for private track rental only 8:00am -Dusk Fee's: $25.00 Per Rider $20.00 Per Pee Wee Rider $40.00 Per UTV Rider $750.00 Short Course Rental just water $1,500.00 Short Course Rental full prep PC October 15, 2013 Item No. 1 Page 9 of 32 Employees During Standard Operating Hours: 1 General Manager 1EMT 6 Flaggers 1 Booth worker 1 Water Truck Driver Rules and Regulations: 1. Vehicles must be in first gear or 5mph in pits 2. No wheelies, other stunts, or play riding in pits 3. All Riders must wear helmets, boots, pants, goggles, and proper safety gear while, riding 4. All participants must sign a release of liability wavier to enter the Motorsports park 5. No alcoholic beverages or illegal drugs anywhere on the property 6. No riding under the influence of drugs or alcohol 7. No smoking in the designed no smoking areas 8. No littering 9. No draining gas, fuel, coolant, or oil onto the ground 10. No riding on unmarked tracks, trails within the Motorsports park 11. Spectators are not allowed on the tracks 12. The tracks are closed when heavy equipment is in use 13. No washing of bikes /ATV outside of designated bike was area 14. No fire arms or other weapons, fireworks, or fires are allowed anywhere in the Motorsports park 15. Selling of any goods or service is not allowed with out approval from the Motorsports park management 16. No parking in fire lanes or on access roads Tracks: Pee Wee Track: Beginner track for small 80cc and below motorcycles and ATV's. No jumps or obstacles. 60/80 Track: More advanced kids track. Small jumps and Obstacles Vet Track: Beginner to intermediate motorcycle riders. Larger jumps and tabletops with a longer track layout. PC October 15, 2013 Item No. 1 Page 10 of 32 UTV/ Quad Track: Track is designed for the use of only UTV and Quads only. Small jumps and obstacles. Main Track: Intermediate to Pro level track. Longer laps times with larger jumps and obstacles. Short Course Track: Truck track for off -road vehicles. Tracks is for private rental and Lucas Oil Off -Road Racing. Special Events: We host several special events per year. Including but not limited are the Lucas Oil Pro Motocross Nationals, Lucas Oil Off -Road Racing, and Mud Runs. We coordinate with the City Of Lake Elsinore for all special events permits and fulfill the needs of there conditions. Equipment Used: 1. 550 John Deere Dozer 1. John Deere AG tractor 1. 2,000 Gallon Water Truck 1. 4,000 Gallon Water Truck 1. 10.000 Gallon Water Tank 1. 125KW Generator 1. 35KW Generator Track Maintenance: Thursdays we operate a full prep of all tracks from 8:00am - 6:00pm. We re -build all jumps, fix anything unsafe to our riders, and begin soaking the tracks for dust control. Friday and Saturday nights at dusk we begin a 4 hour prep of all track putting them back to there original shape and soaking them with water. We operate a water truck from Thursday through Sunday from 8:00am - 9:00pm for dust control. PC October 15, 2013 Item No. 1 Page 11 of 32 Questions from Site Plan: 1. Q - How many shifts do you have? A- We operate 2 shifts. The day shift is the daily operations shift which includes the booth, flaggers, EMT, and water truck driver. The second shift is our operators which perform the track duties described in track maintenance. 2. Q - How many people per shift? A - Open operating hours shift is 1 GM, 1 booth person, 6 Flaggers, 1 EMT, and 1 water truck driver. Second shift is 1 dozer operator, 1 AG tractor operator, and 1 water truck driver. 3. Q - Who is ultimately responsible for the facility? A- The Owners and GM 4. Q- Is the manager on site at all times? A- Yes 5. Q- Provide specifics on equipment used to water, grade, etc A- see detailed equipment used above 6. Q- Do we have qualified grader operators? A- Yes, Our operators have experience ranging from 5 - 20 years 7. Q- Who supervises that no one brings in alcoholic beverages? A- The girls in the entrance booth when they sign waivers 8. Q- Do we have facility security? A- Yes, We have a security guy that stays on the facility 24 -7 9. Q- Organization of parking and parking control people? A- People par near the tracks they are riding and with the amount of parking supervision is not necessary. We have our mobile EMT that watches for ADA parking and fire lanes are clear at all times. 10. Q - How do you propose dealing with overcrowding? A - We have added enough parking to adequately handle our crowds. 11. Q- Do you issue passes and keep log of how many bikes are in the facility? A - Yes, We issue a wristband to ever rider. 12. Q- Do you have shirts that identify employees as staff? A- Yes. We have custom made bright red shirts. 13. Q- Enforcement for park rules? A- Yes, Our security and EMT patrol the facility PC October 15, 2013 Item No. 1 Page 12 of 32 14. Q- Visibility of EMT personnel? A- Yes, our EMT is on a vehicle with EMT posted on it. He is also available by 2 way radio from the flaggers. 15. Q- List of Park Rules. A- See Rules and Regulations above. We have three 4'x8' signs on the entrance and listed on www.racele.com 16. Q- How do you propose stopping the access to your park via Mission Trail? A - We have perimeter fencing 17. Q- How does fueling take place? A- Motorcycles are fueled from a 5 gallon D.O.T approved fuel container. This container is equipped with a fuel nozzle that goes directly into the motorcycle tank 18. Q- How do you plan to mitigate contamination of soil? A- Offer spill pads 19. Q- Dust Control measure? A- We utilize 2 water trucks which is explained in the Track Maintenance PC October 15, 2013 Item No. 1 Page 13 of 32 Grant Taylor From: Bill Belvin Sent: Thursday, September 12, 2013 4:10 PM To: Grant Taylor Subject: Motocross Tract Grant A inspection was done at the Motocross Tract at 3:00 on Thursday Sept. 11 here is Building and Safety's corrections 1. Handrails and fall protection at top of ramp at Admin Trailers. 2. ADA assistance phones and ADA cart for assistance to upper view areas. Bill Belvin Building Official City of Lake Elsinore PH:(951) 674 -3124 Ext. 286 FX: (951) 471 -1419 C, IT Y 0a L KJE LEI C P PC October 15, 2013 Item No. 1 Page 14 of 32 Grant Taylor From: Doug Bloom Sent: Monday, September 16, 2013 7:56 AM To: Grant Taylor Subject: RE: Attached Image Good morning Grant, The fire department concerns that we found upon our inspection were; fire department access and circulation, expired fire extinguishers, and labeling of the equipment maintenance chemicals. 1. Fire department access can be accomplished by means of a 24 ft. wide perimeter road equipped with Knox locks and site circulations. Perimeter access shall be established and should be utilized similarly in all events and situations to facilitate rapid fire department response. 2. Expired fire extinguishers shall be serviced and the extinguishers at the fueling area shall be no less that 2A- 20BCs. 3. All chemical shall be labeled in accordance with NFPA 704 including the chemical name. Thank you, Doug Bloom Assistant Fire Marshal City of Lake Elsinore Pf 1:(951) 674 -3124 Ext.225 From: Grant Taylor Sent: Friday, September 13, 2013 4:11 PM To: Bill Belvin; Doug Bloom; Richard J. MacHott, LEED Green Assoc.; Rita Thompson Cc: Grant Yates; Barbara Leibold (barbara @cega.com) Subject: FW: Attached Image RE: Motocross Inspection Hello motocross team, Based on comments from our inspection on 9 -11 -13 1 compiled the attached memo. The memo references site observations and conditions of approval. We have an internal staff meeting Monday 9 -16 at fpm and can conference call with Barbara. We meet with the property owner and tenant /operator Monday 9 -16 at 2pm. Please let me know if you have any edits, questions, concerns. Thanks. Grant Taylor Director of Community Development City of Lake Elsinore Pf-1:(951) 674 -3124 Ext. 270 1 PC October 15, 2013 Item No. 1 Page 15 of 32 Grant Taylor From: Rita Thompson Sent: Friday, September 13, 2013 2:27 PM To: Grant Taylor; Richard J. MacHott, LEED Green Assoc. Subject: Status of Motocross Conditions as of 9- 13- 13.xlsx Attachments: Status of Motocross Conditions as of 9- 13- 13.xlsx Hello, Attached are Engineering updates on the LEMP COA's. Let me know if you have any questions. Regards, )Mc Rita Thompson Senior Engineering Technician City of Lake Elsinore 951 - 674 -3124, ext. 308 951 - 674 -8761 fax C1TY 0F�0'_. 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Dl ° w IAA CL v C a o p m m -n � (D y 0 m N 04 N 04 n J ° < -1• N d - < N O N m C- S D •< L m a J "1 a m o n m � c n D a o w an 0 2 3 J .t m `l o CL FL 3 J c o n m 0 S N 7 � m O vu October 15, 1013 Item No. 1 Page 20 of 32 00 V 01 (n A !11 N F+ O N lO N 00 N V N 9) o D_ m 0 s a D w D c s o D p m a c� D ° a c s s 3 < m W- o °- °' m C. 4v w =• o u o Dq o a c a ro m m (D N u) a (i O q'1 d Q. m N a 'y, 0• m = m @ n (D 4U iv iv O CL m n° D m °< °o C L G1 �' aq CL o o E m °° m v" m N 411 N 3 m m CL `< n ° O S S ,"�' N liq N d a d w C -� 4L m 3 m 3 n ° .D T. 4v n a v) a s �, 0 4v a a ro N S N OG tai+ < O O N (D O = pG 0=q d qni E 4y m m m 3 m n m c m °• c n < m ^� v 2 z m o n m s `° a m v m 4u a rD N = (D 3 ro : C c •`°o v o s M rD 'O -0 °D o is 3 < m ° m -0 O a o j n •0 N m > ll= q tv o m o O O < o 3 n O. 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(D O (nD S 0 7 07 3 ° N 4T c N :3 N Q 0=q rr n -� N (D 3 m m n ro a o ? ° o a°q m o S D 0 O N C < (D a o a 0 m 3 o N cr Et m cr e o F o, o < o s m 5 0 v=3 M M n. a -•, m 3 (D .0 rD O O -' 4L In m 6 Q. rD p, n a n m m Q m rD m a < n M GO L^ o < 0 0 O O (OD ° (D Q v ° 3 (A = m v o m m OO' p a D 6 v m D ° N n a , O p N o y N O N O I 0 N m trOi (D I N V Pu uctooer •i o, zw o item ivo. -i Page 21 of 32 0• O N n n D m m s N N O (D (D V W N N S m 7 O O O a °" C L G1 n > aq CL o d m no ?. ° Q (D q 4 ° -� 4L T. j UO ° (D < N = i 'D d qni rD m � m m c m •< -• c N 0 O o m n m a a n w D O n O p. o rD d n D- d M m O 0 o. ° 0 O p o - oa 0 m c ? '� n :3 , m i (D D o m = m 0 f CL m o O (SD M O 00) D V N Pu uctooer •i o, zw o item ivo. -i Page 21 of 32 Page 2 G 32 ID C :I, \ � \ ( � cr \ \��«k \{ _ rD {w «rDp /} \ / }((( \({ \/ �pE'L _ :3 0, 2L —0 —_ r \G ([ DW %\ 2 / t, rD ; ®§ MW — - ' (D — } \ { a = ! & 3 m \ \ CL \ L7 _ CL \ \ \ \ \�\ D 3S | } §\ :\ \ /\ \)0 \\ 0 &\ \/ °` {( \k] \D CL =g0rD:3 CL 2 \ z ®� }� ®(\ a 2 & ; R E } }[ }�G( 7 _ `� \0 \ --------- - - - - -- 0 2 ID FL f:D 0. \ \ Page 2 G 32 MEMORANDUM Date: September 16, 2013 To: Grant Yates, Bill Belvin, Doug Bloom, Richard MacHott, Rita Thompson, Gio Nanci, Bruce Keeton From: Grant Taylor, Community Development Director RE: Motocross Inspection Summary On Wednesday, September 11, 2013 at 3:00pm City staff met on -site with Motocross property owner Bruce Keeton, tenant /operator Gio Nanci and Mr. Nanci's partner Chad. We drove large areas of the 93- acre property stopping at the administrative offices, equipment storage /security area, and event areas to review conditions of approval, discuss concerns, and identify CUP required information. On June 15, 2010 the Planning Commission approved a Modification to Conditional Use Permit (CUP) 2001 -05 revising some of the conditions. There are forty (40) conditions of approval associated with the project approval (CUP 2001 -05 MOD) that staff reviewed individually on a checklist. Staff has provided comments that are incorporated into this memo that reference the attached conditions of approval. Following is a summary of conditions of approval that are not in compliance, unknown, or additional information is required. Condition #2: The CUP was conditioned to return to the Planning Commission annually at a minimum and has not since June 15, 2010. A Planning Commission review is scheduled for October 15, 2013. Condition #5: City records do not have an operating description of the facility, identify the number of staff, or describe other operating characteristics. Submit written description. Condition #10: City records do not have verification of the number or location of temporary restrooms and there is no written contract in the files. Restroom facility was observed at the entrance. Submit site plan to show location and provide contract. Condition #11: Fueling area noted and spill kits placed there. Noted two signs with rules posted coming into the park and one sign in front of the ticket booth and also listed on the website. Condition requires a handout to direct patrons. Submit verification of handout and identify fueling area on site plan. Condition #13: The applicant has complied with this condition the majority of the time obtaining Special Event Permits for activities not authorized by the CUP. The August 18, 2013 event was unauthorized and had overnight camping, vendors, etc. that were not inspected or verified. Provide City with advance notice of all events permitted and special. Condition #14: Requires compliance with Mitigation Monitoring Program in Mitigated Negative Declaration 2002 -02. Substantial compliance has been observed. Public Works comments include 1) Slopes must be protected to prevent erosion by landscaping or other method; 2) Containers must be labeled as to contents; 3) Trash and debris must be picked up and disposed of properly; 4) Equipment must be stored under cover and off of the ground i.e. on pallets; 5) Cover concrete backs and stockpiles. PC October 15, 2013 Item No. 1 Page 23 of 32 Access road not "dedicated to" anyone but is a dedicated access. Entrance off of Cereal St. is paved; secondary access off of Mission Trail is an all- weather surface. Parking attendants are used for special events. Vehicle fueling area dedicated, however not used exclusively for fueling. No smoking signs posted by dedicated fueling area only. Traffic Control Plan prepared. Condition #15: Certificate in City records expired 7/12/13. Provide current certificate. Condition #16: Provide protective handrail for administrative trailer and replace missing ADA phones. Condition #17: Site plan in file is inaccurate, provides little information and staff cannot verify compliance. Submit revised and detailed site plan to include but not be limited to the location all structures, restrooms, vendor areas, storage /security areas, event areas, fueling locations, etc. Condition #22: As built grading plan has 3`d set of corrections. Upon approval of grading plan submittal to U.S. Army Corp of Engineers may be warranted. Condition #23: Submit topographic map to verify elevations. Condition #25: Submit HEC analysis to verify flood plain compliance with Municipal Code Section 15.68. Condition #26: Shipping container used for storage below 1267. Condition #29: Submit FEMA certificates to verify locations of structures. Condition #30: Submit revised grading plans addressing City 3`d comments and corrections. Condition #36: Verify secondary emergency access agreement with existing land owner. Condition #37: On -site drainage is either controlled on -site in basins and /or conveyed as historic flow. Condition #39: Properly dispose of trash and oily rags on ground in security /storage area. NOTE: Not permitted to bring outside fill onto property or conduct mulching. Staff did not observe significant deficiencies on the field inspection 9 -11 -13 that warrant recommendation of CUP modification and /or revocation. Presently, staff would include the above - identified recommendations in the Planning Commission staff report October 15, 2013. Three critical elements are needed to include; 1) revised and detailed site plan; 2) complete and gain approval of grading plan; 3) submit and gain approval of HEC analysis; 4) submit HEC analysis. Attachments: 1. Site Plan 2. Tenant /Operator and Property Owner Acceptance of Conditions of Approval 3. Planning Commission Conditions of Approval 6 -15 -10 PC October 15, 2013 Item No. 1 Page 24 of 32 EV, f It xj ------ - ------ 4 JE S I A i Aj PRE t6 ..'LAM IN : 6im 44S 4 (xc .65. ........... ...... PC October 15, 20 13 Item No. 1 Page 25 of k i VISION QUEST ENTERPRISES, INC 23905 Clinton Keith Rd. Ste. 114351 ' Wildomar, Ca 92595 RE: RE- ESTABLISHMENT OF CONDITIONAL USE PERMIT NO. 2001- 05: ESTABLISHMENT AND OPERATION OF AN OFF -ROAD MOTOCROSS FACILITY (LAKE ELSINORE MOTOCROSS) We hereby state that we acknowledge the Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions prescribed by the City of Lake Elsinore, as set forth in the attachments [Conditions of Approval (dated June 15, 2010), Response to Lake Elsinore Motocross Park Questions (dated December 23, 2010), and Improvements Associated with Re- Opening of Lake Elsinore Motorsports Park (dated February 215, 2011)]. All Conditions shall be met prior to issuance of permits or as otherwise indicated in the Conditions approved by the Planning Commission on June 15, 2010, or attached letters. Date: / Applicant's Signature: Print Name: ©v Address: f 1,v �aAJ /19 Phone Number: S C/ Date: Property Owner's Signature: � Print Name: Address: Phone Number: PC October 15, 2013 Item No. 1 Page 26 of 32 REVISED CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001 -05: ESTABLISHMENT AND OPERATION OF AN OFF -ROAD MOTOCROSS FACILITY (LAKE ELSINORE MOTOCROSS) PLANNING DIVISION 1. Conditional Use Permit No. 2001 -05 will lapse and be void unless the use continues as intended within one (1) year of Planning Commission approval. 2. The applicant acknowledges that the uses permitted by the Conditional Use Permit are not consistent with the long -term development goals of the project site and neighboring properties and that the Conditional Use Permit allows for an interim use of the project site so long as such operations are compatible with neighboring uses and are conducted in manner that does not impose significant negative impacts. Consequently, the Conditional Use Permit shall be reviewed periodically, but not less than annually, by the Planning Commission to evaluate the findings set forth in Section 17.168.060 of the Lake Elsinore Municipal Code, including (i) the consistency of the use with the City's General Plan, applicable Specific Plan and Zoning Ordinance, (ii) the compatibility with neighboring uses, and (iii) compliance with the conditions of approval. Should the Community Development Director or designee receive any legitimate and justifiable concerns or complaints from the public regarding impacts associated from the operation of the use which cannot be resolved or the applicant fails to address and resolve, the Community Development Director shall have the ability to commence proceedings to recommend to the Planning Commission the revocation of the CUP in a similar fashion and process as originally considered. The Community Development Director shall also initiate revocation proceedings of the CUP if or when plans are submitted to the City proposing development inconsistent with the existing use and in accordance with the General Plan and any applicable specific plan for the project site: 3. The applicant shall be required to conduct a Noise Study (noise readings) as determined necessary by the Community Development Director) to monitor sound levels emanated from the facility. Necessary measures shall be undertaken based on the results of the Noise Study. The applicant shall deposit with the City an amount equal to the cost of such study plus administrative charges. 4. The applicant shall be required to conduct an Air Quality Study as determined necessary by the Community Development Director to monitor dust levels emanated from the facility. Necessary measures shall be undertaken as a result of the study. The applicant shall deposit with the City an amount equal to the cost of such study plus administrative charges. Revised Conditions Approved by Planning Commission 6 -15 -10 PC October 15, 2013 Item No. 1 Page 27 of 32 5. The amount of staff necessary to operate the facility shall be determined daily by the applicant based on attendance, type and number of tracks operating and associated insurance requirements. (These employees will be required to wear uniforms identifying them as facility employees, e.g., yellow vests or shirts with the wording "Staff"). 6. The existing pay booth onsite shall be allowed to be located below an elevation of 1,267 msl provided that vents are maintained in the structure, one foot from the ground, on opposite sides so as to allow flood water to flow through the structure. 7. Upon cessation of project operations, all structures, artifacts, and equipment utilized at the site shall be removed so as to restore the site to its pre- motocross facility condition. 8. Upon cessation of project operations, all grading on the site shall be reversed and all jumps, ramps, and grading shall be flattened so as to restore the site to its pre - motocross facility condition. 9. Upon cessation of project operations, all potentially contaminated soil shall be removed and disposed of in a manner consistent with applicable local, state and federal laws and regulations so as to restore the site to its pre- motocross facility condition. 10. Temporary restroom facilities shall be provided at strategic locations adequate to support ultimate visitor capacity. The Applicant shall furnish the City a copy of a contract or written proof that these facilities shall be provided prior to continuation of use. 11. All motorcycle fueling shall be concentrated in one area (e.g. parking lot). Safety spill kits, spill mats and fire extinguishers shall be made available and utilized at all times during fueling to regulate and minimize soil contamination. These requirements shall be incorporated into the posted park rules. In addition, all the park rules shall be listed in a hand -out which shall be distributed to all park users upon entering the facility. (See Condition No. 10) 12. The project shall be allowed to operate based on Exhibit B "Detailed Operating Characteristics" and based on additional recommendations outlined on Condition of Approval No. 5 submitted by the applicant with the exception of night operations. Operations shall be limited to 8:00 AM to dusk. Park hours of operation shall be reviewed by the Community Development Director as deemed necessary. 13. For Major Special Events, the applicant shall be required to comply with Section 5.108 (Special Events) of the Lake Elsinore Municipal Code. Night operations for major special events may be allowed by the Community Services & Development Directors and subject to additional Conditions of Approval. Revised Conditions Approved by Planning Commission 6 -15 -10 PC October 15, 2013 Item No. 1 Page 28 of 32 14. The proposed temporary/interim motocross training and racing facility shall be subject to the Mitigation Monitoring Program in Mitigated Negative Declaration (MND) No. 2002 -02. The Mitigation Monitoring Program outlines four required issues requiring mitigation which include the following: Air Quality Throughout operations of the Motocross facility, the applicant shall ensure that the exposed dirt areas are watered a minimum of four to five times daily. Hydrology and Water Quality Prior to issuance of grading permit, the applicant shall acquire a Notice of Intent from the Santa Ana Regional Water Quality Control Board, in accordance with the City's National Pollutant Discharge Elimination System (NPDES) permit and comply with appropriate NPDES and Best Management Practices regulations. Public Services Dedicate a minimum 16 -foot access road. Said road shall be designed to support a minimum of 60,000 lbs. over 2 axles, all weather surface and non- erode -able. This shall include the "pit area ". Provide a minimum of two parking attendants on weekends and holidays to direct traffic to the parking area. Parking areas shall maintain a minimum 20 feet unobstructed width and have a sufficient turning radius at each end to accommodate fire apparatus. Ensure that gates are a minimum of 18 feet and can accommodate fire apparatus traveling in either direction. Provide a minimum of one Emergency Medical Technician onsite at all times during motocross practice sessions. In addition, a Basic Life Support (BLS) ambulance shall be provided onsite at all times during any and all event competitions. Additional requirements may be established for special events. Separate all vehicle fueling and maintenance areas from public assembly or spectator areas by a minimum of 50 feet. Post "No Smoking" signs around all areas that contain stored and /or where dispensing flammable or combustible fuels or solvents are used. - Provide a minimum 20 BC rated fire extinguishers in those areas with a maximum travel distance no greater than 50 feet. Revised Conditions Approved by Planning Commission 6 -15 -10 PC October 15, 2013 Item No. 1 Page 29 of 32 Ensure that all flammable and combustible liquid storage and dispensing shall be in accordance with Article 79 of the Uniform Fire Code and California Fire Code. Said storage shall be in approved containers with appropriate labeling. Transportation and Traffic Prior to issuance of final occupancy, the applicant shall prepare a Traffic Control Plan. Said plan shall, at a minimum, describe those traffic control measures and methods required to ensure congestion will not occur on connecting roadways, staffing requirements, parking plans, and any other measures to ensure congestion is controlled. 15. Prior to commencement of operations, the applicant shall submit all binders of Liability Insurance naming the City of Lake Elsinore as additional insured, to be approved by the City's Risk Management Director (Administrative Services Director) and Community Development Director or designee. Minimum Liability Insurance shall be for $2,000,000.00. 16. Applicant is to meet all applicable City Codes and Ordinances including American Disability Act requirements prior to commencement of operations. 17. All site improvements shall be constructed as indicated on the approved site plan (Exhibit A) unless modified by Planning Commission action. Revisions to approved plans shall be subject to discretion of the Community Development Director or designee. 18. The applicant and property owner shall sign and complete an "Acknowledgement of Revised Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 19. All uses and /or activities not specifically permitted by this permit shall be prohibited. EMERGENCY SERVICES 20. Provide a minimum of one Emergency Medical Technician onsite at all times during motocross practice sessions. In addition, a Basic Life Support (BLS) ambulance shall be provided onsite at all times during any and all event competitions. 21. The entrance access road (from Cereal Road to entrance) shall be clearly defined and improved to support emergency vehicles a minimum of 60,000 Ibs over two axles. The road surface shall be all weather surface and non - erode -able. In addition, a secondary emergency only vehicle access road shall be improved with similar construction. Currently, shown emergency access road encroaches on a separate parcel letter of permission shall be required. An access agreement shall be required from property owner for the duration of permit. Revised Conditions Approved by Planning Commission 6 -15 -10 PC October 15, 2013 Item No. 1 Page 30 of 32 ENGINEERING DIVISION 22. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 23. No improvements shall be made upon all lands below the 1265 ft. elevation level in the Lake Elsinore flood plain, southeasterly of the lake levee and no artificial change in the topography in the surface of said lands shall be made (except terracing and soil conservation measures) LEMC 15.68.052. 24. Projects proposed in the back basin that the City or applicant deem non - jurisdictional shall receive a written non jurisdictional confirmation from the Corps of Engineers prior to any commencement of work along with a review of how the project complies with the special conditions to Permit No. 88- 00215- 00 -RRS (Lake Elsinore Management Project) 25. Meet all requirements of LEMC 15.68 of the Municipal Code regarding flood plain management. 26. Meet all requirements of LEMC 15.64 of the Municipal Code regarding flood hazard regulations. 27. The access road shall have a minimum width of 25 ft. 28. The access road and parking lots shall be of compacted crushed aggregate base or provided with a surface and treatment to minimize the dust to be approved by the City Engineer. 29. Applicant to provide FEMA elevation certificates prior to certificate of occupancies for all existing or future buildings (including trailers and storage facilities). 30. Grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 31. 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. 32. Buildings, with the exception of the existing pay booth, cannot be constructed and trailers cannot be located below the 1267 foot elevation. 33. A dust control plan and an erosion control plan for storm water runoff needs to be Revised Conditions Approved by Planning Commission 6 -15 -10 PC October 15, 2013 Item No. 1, Page 31 of 32 submitted the City for approval. 34. The erosion control plan needs to be approved by the Santa Ana Regional Water Quality Control Board. 35. A traffic study may be required at any time at the discretion of the City Engineer in order to evaluate and identify necessary mitigation for total cumulative traffic impacts. 36. A secondary emergency vehicle access road shall be established and maintained to the subject property. The access shall be achieved by way of easement or other legal instrument acceptable to the City Attorney. 37. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 38. 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. 39. All trash and debris including used gas tanks shall be appropriately removed and disposed of in an approved waste facility pursuant to the City's Franchise agreement with CRR. 40. The applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings, administrations proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual alleged, or threatened , actual attorney fees incurred by the City court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly, or impliedly, in whole or in part to an approval by the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2001 -05 Lake Elsinore Motocross and BMX Racing and Training Tract) and /or Mitigated Negative Declaration. Revised Conditions Approved by Planning Commission 6 -15 -10 PC October 15, 2013 Item No. 1 . Page 32 of 32