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HomeMy WebLinkAboutCC Reso No 2008-026RESOLUTION NO. 2008-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-17 WHEREAS, Nashat Damaan (Rio Car Wash), has initiated proceedings to request the approval of Commercial Design Review No. 2007-17 for the construction of a vacuum tower and ancillary equipment at an existing carwash (the "EntitlemenY') located on the southwest corner of Summerhill Drive and Canyon Estates Drive, east of Interstate 15 and the San Jacinto River. The site is within the Canyon Creek "Summerhill" Specific Pian Area, Assessor Parcel Number 363-670-003; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving commercial design review appiications; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce de~ay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potentiai impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the foilowing: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previousiy identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; 1 (b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents deciine to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents deciine to adopt the mitigation measure or alternative."; and WHEREAS, the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program No. 00-01 was previously approved by the City Council and said MND evaluated environmental impacts that would result from development of commercial properties within the Canyon Creek "Summerhill" Specific Plan area which included the previously approved gas station, mini-mart, car wash building and other commercial uses; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, on February 12, 2008, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Commercial Design Review No. 2007-17 prior to rendering its decision and finds that the requirements of Chapter 17 of the Lake Elsinore Municipal Code have been satisfied. SECTION 2. The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, the Entitlement does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Entitlement were contemplated by the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program No. 00-01. No new CEQA documentation is necessary for the Entitlement. SECTION 3. That in accordance with State Planning and Zoning Law, the Canyon Creek 'Summerhill" Specific Plan, and the Lake Elsinore Municipai Code, the City Council makes the following findings for approval of Commercial Design Review No. 2007-17: 2 1. The Project complies with the goals and objectives of the General Plan in that the approval of the vacuum tower and anciilary equipment will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses and the Project wili serve to diversify and expand Lake Elsinore's economic base. The project location has a zoning designation of Neighborhood Commerciai/Specific Plan (C-1/SP) and a General Plan designation of Canyon Creek "Summerhill" Specific Plan. The existing land use conforms to the objectives of the General Plan and the Canyon Creek "SummerhilP' Specific Pfan. 2. The proposed use wiil 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. All applicable City departments and agencies have been afforded the opportunity to review fhe design review application and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for ali the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The existing car wash was designed in consideration of the size and shape of the Project Site, thereby sfrengthening and enhancing the immediate commercial area. Further, the proposed use will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects, in that the facility design has been reviewed to ensure adequate provision of screening from the adjacent properties. 4. 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. The car wash is an existing facility and has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has adequately evaluated the potential impacts associated with the proposed facility prior to its approval and has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, and emergency services vehicles. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. 3 The Project has been thoroughly reviewed and conditioned by all applicable City departments and out side agencies, eliminating the potenfial for any and all adverse effects on the abutting property. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approvai, the City Council hereby approves Commercial Design Review No. 2007-17. SECTION 5. This resolution shall take effect from and after the date of its passage and adoption. 2008. PASSED, APPROVED, AND ADOPTED on this 12th day of February ITY OF LAKE ELSINORE ATT T: ~ ~iA~--- VI IAN MUNSON, CITY CLERK CITY OF LAKE ELSINORE AS TO FORM: B~(RBARA Z~ID LEIBOLD, CITY ATTORNEY CITY OF LA E ELSINORE 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. ~nnx-~fi was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 12th day of February 2008, and that the same was adopted by the following vote: AYES: MAYOR PRO TEM KELLEY, COUNCILMEMAER AUCKLEY, COUNCILMEMBER MAGEE, COUNCILMEMBER SCAIFFNER NOES: NONE ABSTAIN: NorrE ABSENT: rrnYOx xrcxrraN ~ VIVIAN M. MUNSO CITY CLERK 5 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-17 AND COMMERCIAL DESIGN REVIEW NO. 2007-17 FOR THE ADDITION OF A VACUUM TOWER AND ANCILLARY EQUIPMENT RELATED TO AN EXISTING AUTOMATED CAR WASH BUILDING AND MODIFICATION TO THE USE AND OPERATION OF AN EXISTING AUTOMATED CARWASH FACILITY PLANNING General Conditions 1. 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 Conditional Use Permit and Design Review project attached hereto. 2. If applicable, the applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction (7 AM - 7 PM, Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Pian Check. 4. 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. 5. 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. 6. The proposed location of onsite construction trailers shall be approved by the Director of Community Development or Designee. 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 acceptabie state, subject to the approval of the Director of Community Development or designee. 7. The project shall provide a minimum of eight (8) vehicle stacking/queing for the vehicle vacuum area. 8. The applicant shall comply with all applicable City codes and ordinances. 9. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 10.The Conditional Use Permit shall comply with ail applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 11.The Conditional Use Permit granted herein shall run with the land, once said use is established, and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 12.The appiicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 13.The car wash site shall maintain a minimum of thirteen (13) standard parking spaces at ail times. No more than thirteen (13) employees shall be allowed. 14.The vacuum tower and vacuum tubes shall be shifted forward towards the car wash tunnel entrance in order to allow proper vehicle queuing and alieviate obstruction to parking and circulation areas. 15. A four foot (4') wide decorative (stamped concrete) strip emanating from the "northwesY' column of the existing trellis auto detailing area running perpendicular to the existing planter area along the entry driveway (see Figure 1 in staff report) shall be installed. This decorative strip will demarcate the limit line for the vehicle drying area. No vehicle drying, parking, or other type of servicing shall take place beyond this demarcation. 16.Litter shall be removed daily from the premises, including adjacent public sidewalks and all parking areas under the control of the operator. 17. The 3 foot retaining wall along the Summerhill Drive entrance shall be painted and stucco coated to match similar retaining walis throughout the gas station and car wash facility. 18. Exterior storage of any kind, including but not limited to, auto parts, dismantled vehicles, and tires is prohibited. 19.Temporary storage containers on the property, including but not limited to shipping containers, are prohibited. 20. Parking areas shall be used for customer and employee parking only and shall be kept clear of any vehicle for sale, vehicle awaiting repair, rental vehicles, rental equipment, and any other type of machinery or equipment. 21.There shall be no exterior speakers, music, belis, whistles, buzzers or other similar audibie devices used in conjunction with the operation at anytime. 22.The applicant shall maintain the property (including all landscaping, walls, lighting, buildings, and the parking lot) in good condition at all times. 23.Any violation to these conditions of approval shall be grounds for the revocation or modification of the Conditional Use Permit. COMMUNITY SERV/CES DEPARTMENT 24. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 25.The Developer is to maintain all common landscaped areas. RIVERSIDE COUNTY F/RE DEPARTMENT 26.The applicant shall comply with all Riverside County Fire Departments requirements and standards. ENGINEERING DlVISION 27.An Encroachment Permit shall be obtained prior to any work on City right-of- way. 28.If applicable, the applicant shall pay development fees, including but not all inclusive: TUMF, MSHCP,TIF, Railroad Canyon Benefit District Fees, and area drainage fees. 29.A11 drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 30. in accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 31. Roof drains shall not be allowed to outiet directiy through coring in the street curb. Roofs should drain to a landscaped area. 32. Applicant shall comply with ail NPDES requirements in effect; including any existing Water Quality Management Plan (WQMP). 33. 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 Pian. 34. Applicant shali provide BMP's that will reduce storm water pollutants from parking areas, driveway aisles, and carwash wastewater. 35.The 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. 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. 36.The applicant shall pay the fair share cost of the future driveway improvements on Canyon Estates Drive (across Boulder Vista Drive). The driveway improvements include a right in/out only access and related signing and striping. 37.On-site traffic signing and striping of this project shall be provided as approved by the City.