HomeMy WebLinkAboutCC Reso No 2008-036 CDR 2007-18 ApprovalRESOLUTION NO. 2008- 36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING
COMMERCIAL DESIGN REVIEW NO. 2007-18
WHEREAS, Glen Daigle of Oak Grove Equities, Inc. filed an application
with the City of Lake Elsinore requesting approval of Commercial Design Review No.
2007-18 for the design and construction of a 5,845 square-foot Bank of America
building with related improvements within the existing Oak Grove Crossing Shopping
Center complex located on Collier Avenue near the corner of Central Avenue and
Collier Avenue APN: 377-120-054 (the "ProjecY'); and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of approving commercial design review applications;
and
WHEREAS, on February 26, 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; 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.: "CEQA Guidelines") public agencies are expressly encouraged to reduce delay
and paperwork associated with the implementation of CEQA by using previously
prepared environmental documents when those previously prepared documents
adequately address the potential impacts of the proposed project (CEQA Guidelines
Section 15006); and
WHEREAS, CEQA Guidelines Section 15162 establishes the standard to
be used when determining whether further environmental documentation is necessary
and says that when an environmental document has already been adopted for a project,
no subsequent environmental documentation is needed for subsequent entitlements
which comprise the whole of the action unless substantial changes or new information
are presented by the project; and
WHEREAS, on March 22, 2005, the City of Lake Elsinore approved and
certified a project Environmental Impact Report (State Clearinghouse No. 2004111053)
for the Oak Grove Crossing Shopping Center, which evaluated the environmental
impacts that would result from development of the shopping center, including the pad
where the Project will be located; and
WHEREAS, the Project does not present substantial changes or new
information regarding the potential environmental impacts of development and it is
found that no further environmental review would be required; and
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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 Commercial Design
Review prior to approving the application. The City Council finds that the Commercial
Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Elsinore
Municipal Code.
Section 2. The City Council finds and determines that in accordance with
CEQA Guidelines Section 15162, Design Review 2007-18 does not propose substantial
changes and does not present any new information, circumstances, or changes to the
Project that was analyzed under the Oak Groves Crossing Final Environmental Impact
Report. The Design Review application is part of the whole action analyzed in the Oak
Groves Crossing Final Environmental Impact Report and will not change density or
intensity of use within the shopping center. It simply establishes standards for color
palates, articulation, orientation, and design. Therefore, it is not necessary to conduct
any further environmental review for the Project.
Section 3. That in accordance with State Planning and Zoning Law and
the Lake Elsinore Municipal Code, the City Council makes the following findings for the
approval of Commercial Design Review 2007-18:
1. The Project, as approved, will comply with the goals and objectives
of the General Plan, Specific Plan and the Zoning District in which the Project is located.
The Project complies with the goals and objectives of the General Plan because
it will assist in achieving the development of a well balanced and functional mix of
residential, 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 in the
General Plan Urban Design Element and all other applicable provisions of the Lake
Elsinore Municipal Code.
The Project is appropriate to the site and surrounding deve%pments in that the
bank building has been designed in consideration of the size and shape of the
property. Sufficient setbacks and enhanced onsite landscaping have been
provided thereby creating interesf and varying vistas as a person moves along
abufting streets and within the center. In addition, safe and efficient circulation
has been achieVed onsite.
The Project will compliment the quality of existing deve%pment and will create a
visually pleasing, non-detractive relationship between the proposed development
and existing projects through the use of architectural design that is similar to
existing buildings in the shopping center. A variety of materials and colors are
proposed including architectu~al stone accents and earth tone co%rs that blend
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with surrounding developments and provide evidence of a concern for quality and
originality.
3. Subject to the attached conditions of approval, the Project is not
anticipated to result in any significant adverse environmental impacts.
The Design Review application is part of the whole action analyzed in the Oak
Groves Crossing Final Environmental Impact Report and will not change density
or intensity of use within the shopping center. lt simply establishes standards for
color palates, articulation, orientation, and design. The Project is not anficipated
to result in any significant adverse environmental impacts.
Project was reviewed and conditioned by all applicable City departments to
ensure that the bank building blends into existing development, creates the leasf
amount of disturbance, and does not negatively impact the residenfs or
businesses of Lake Elsinore. The Project will not have a significant effect on the
environment.
4. Conditions and safeguards pursuant to Chapter 17.82.070 of the
Zoning Code, including guarantees and evidence of compliance with conditions, have
been incorporated into the approval of the Project to ensure development of the
properry in accordance with the objectives of Chapter 17.82.
Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project
has been scheduled for consideration and approval of the Planning Commission
on February 5, 2008.
Section 4. Based upon all of the evidence presented, the above findings,
and the conditions of approval imposed upon the Project, the City Council hereby
approves Commercial Design Review 2007-18.
Section 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 26th day of February
2008.
VIVIAN M. MUNSON
CITY CLERK
/ ~v
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DA ICKMAN, MAYOR
CITY OF LAKE ELSINORE
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APPROVED AS TO FORM:
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ARBARA ID LEIBOLD
CITY ATTORNEY
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. 2oos_s~ was adopted by the City Council of the City of Lake
Elsinore at a regular meeting held on the 26th day of February 2008, and that the same
was adopted by the following vote:
AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley,
Councilmembers Thomas Buckley, Robert E. Magee and
Robert Schiffner
NOES: None
ABSTAIN: None
ABSENT: None
~,~
VIVIAN M. MUNSON
CITY CLERK
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CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2007-25
AND
COMMERCIAL DESIGN REVIEW NO. 2007-18
Note: Fees listed in the Conditions of Approval are the best estimates available at the
time of approval. The exact fee amounts will be reviewed at the time of permit issuance
and may be revised.
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 single family residential 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 of Chapter 17.80 of the Lake Elsinore Municipal Code.
PLANN/NG DEPARTMENT
3. 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 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 Building Permits.
4. All Conditions of Approval shall be reproduced upon page one of building plans
submitted to the Building and Safety Division for Plan Check.
5. Applicant shall comply with all applicable mitigation measures listed in the Mitigation
Monitoring Program associated with the Environmental Impact Report for the Oak
Grove Crossing Shopping Center.
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. 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 Lake Elsinore 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.
8. The Applicant shall comply with the City's Noise Ordinance. Noiwithstanding the
foregoing, with regard to hours of operation, 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.
9. The proposed location of onsite construction trailers shall be approved by the
Community Development Director 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
acceptable state, subject to the approval of the Community Development Director or
Designee.
10. The Applicant shall comply with all applicable City codes and ordinances.
Conditional Use Permit No. 2007-25
11. The Conditional Use Permit shall comply with all applicable requirements of the Title
17 of the Lake Elsinore Municipal Code, unless modified by approved Conditions of
Approval.
12.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.
13.The hours of operation for the drive-thru ATM facility shall be limited to the hours of
operation expressed within the Business Plan submitted.
14.The Applicant shall at all times comply with Lake Elsinore Municipal Code Section
17.78 relating to noise control.
15. Exterior security lighting shall be provided in association with the drive-thru ATM
facility. The lighting shall be shielded and directed on-site so as not to create glare
onto neighboring properties. The proposed light fixtures shall compliment the
building architecture and shall be reviewed and approved by the Director of
Community Development or Designee.
16. Necessary tra~c circulation signage shall be erected onsite in association with the
drive-thru ATM lanes and one-way drive aisle around the rear and sides of the bank
building. Signage shall be reviewed by the Community Development Director or
Designee.
17.A11 security measures requested by the Riverside County Sheriff's Department shall
be followed and adhered to at all times.
Commercial Design Review No. 2007-18
18.Approval for Commercial Design Review No. 2007-18 will lapse and be void unless
building permits are issued within one (1) year following the date of approval.
19. Unless specifically provided otherwise in these conditions, any alteration or
expansion of a project for which there has been a"Design Review" approval as well
as all applications for modification or other change in the conditions of approval of a
"Design Review" shall be applied for in accordance with the provisions of Section
17.82.120.
20. No structure which has received a"Design Review" or "Minor Design Review"
approval shall be occupied or used in any manner or receive a Certificate of
Occupancy until the Director of Community Development has determined that all
Conditions of Approval have been complied with.
21.A11 site improvements approved with this request shall be constructed as indicated
on the approved site plan and elevations. Revisions to approved site plans or
building elevations shall be subject to the review of the Community Development
Director.
22.PIan Check shall conform to the submitted plans as modified by Conditions of
Approval, or the Planning Commission/City Council through subsequent action.
23.A11 roof mounted or ground support air conditioning units or other mechanical
equipment incidental to development shall be architecturally screened or shielded by
landscaping so that they are not visible from neighboring property or public streets.
Any material covering the roof equipment shall match the primary wall color.
24.A11 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 or Designee.
25.A11 freestanding and wall mounted signage proposed onsite shall comply with the
currently approved "Lake Elsinore Center Sign Criteria" document.
26.A11 wall mounted signage, proposed on the building, including logos, shall be
designed with dual (halo) illumination.
27.A11 ground mounted directional signage proposed in association with the drive-thru
facility shall be designed with a stone veneer base to match the stone veneer on the
building. The stone base shall extend a minimum of six inches beyond the sides of
the sign.
28.Applicant shall comply with all ADA (Americans with Disabilities Act) requirements.
29.A covered trash enclosure is required. Details of the trash enclosure shall be
included in the Plan Check submittal package. The trash enclosure shall be
constructed prior to issuance of Certificate of Occupancy.
30. No exterior roof ladders shall be permitted.
31.A11 exterior downspouts shall be concealed within the buildings.
32. Materials and colors depicted on the plans and materials board shall be used unless
modified by the Director of Community Development or Designee. The colors and
materials include the following:
a. Cement Plaster Walis: Whole Wheat
b. Wainscot Walls: Sycamore Tan
c. Cornice Trim: Tequila
d. Steel Trellis: Roycroft Adobe
e. Entry Canopy: Brite Red
f. Stone Veneer: EI Dorado Stone
g. Storefront Glass: Insulated clear glass "Solarban" 60
33. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
34.A11 exposed slopes in excess of three feet (3') in height shall have permanent
irrigation system and erosion control vegetation installed and approved by the
Planning Division.
35.On-site surtace drainage shall not cross sidewalks.
Prior to Issuance of Building/Grading Permit
36. Prior to issuance of Building Permit, the Applicant shall submit a photometric study
to the Community Development Department 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 are achieved at building
entrances.
37.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, prior to issuance of building permit.
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.
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.
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 ten percent (10%) 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 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.
j. One twenty-four inch (24") box size tree shall be installed for every thirty-
linear feet (30') of street frontage, selected from the approved City street
tree list.
38.Prior to issuance of building permits, the Applicant shall provide assurance that all
required fees to the Lake Elsinore Unified School District have been paid.
39. Prior to issuance of building permits, the Applicant shall provide assurance that the
Public Building Impact Fee has been paid.
40. Prior to issuance of building permits, the Applicant shall provide assurance that the
Library Capital Improvement Fund fee has been paid.
41. Prior to issuance of building permits, the Applicant shall provide assurance that all
Multiple Species Habitat Conservation Plan fees have been paid.
42. Prior to issuance of building permits, the Applicant shall provide evidence that all
Riverside County Fire Department standards and requirements have been complied
with.
ENG/NEER/NG D/V/S/ON
General Conditions
43.A11 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.
44. 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 specifv 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.
45.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.
46.A11 grading and street improvement plans submitted to engineering shall be drawn
on 24" x 36" Mylar and be set into City's specific border and title block and include
city specific general notes for grading or street improvements respectively. Digital
files for the border and the notes are available by request to "agutierrez@lake-
elsinore.org".
Grading
47. Developer shall obtain all necessary off-site easements for off-site grading, if any,
from the adjacent property owners prior to issuance of grading permit approval.
48.Apply and obtain a grading permit with appropriate security prior to any grading
activity.
49.A grading plan stamped/signed by a California Registered Civil Engineer is required
if the sum of the cut and fill for grading exceeds 50 cubic yards and the existing
drainage flow pattern is substantially modified as determined by the City Engineer.
The grading plan shall show volumes of cut and fill, adequate contours and/or spot
elevations of the existing ground as surveyed by a licensed surveyor or civil
engineer. Contours shall extend to minimum of 15 feet beyond property lines to
indicate existing drainage pattern. Apply and obtain a grading permit with
appropriate security prior to grading permit issuance.
50.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.
51.A11 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. The
geotechnical engineer shall make recommendation for the minimum distance of
building foundation to the top and toe of slopes.
Drainage
52. Roof drains shall not be allowed to outlet directly through coring in the street curb.
Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into
landscaping prior to entering street facilities.
53. Provide a solid roof over the trash area.
Fees
54. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic
mitigation fee is $3.84.00 per square foot of building; and the current TUMF amount
is $5.71.00 per square foot of building; the amount of fees shall be adiusted
Stormwater/ Cleanwater Protection Program
55. 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 rohibit 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 watenvays -without Regional Water Quality Control Board permit or
waver - is strictly prohibited by local ordinances and state and federal law.
ADM/N/STR.4TlVE SERV/CES DEPARTMENT
56. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use
Permit or building permit (as applicable), the Applicant shall annex into Lighting and
Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of
the project on public right-of-way landscaped areas to be maintained by the City and
for street lights in the public right-of-way for which the City will pay for electricity and
a maintenance fee to Southern California Edison. Applicant shall make a four
thousand seven hundred dollar ($4,700) non-refundable deposit to cover the cost of
the annexation process. Contact Dennis Anderson, Harris & Associates at (949)
655-3900 x334 or dandersonla~harris-assoc.com.
COMMUNITY SERV/CES DEPARTMENT
57.The Applicant shall pay park fees of $0.10 per square foot for all interior commercial
space.
58.The Applicant shall participate in the Citywide Landscaping and Lighting
Maintenance District.
59.The Applicant shall comply with all City Ordinances regarding construction debris
removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
R/VERS/DE COUNTY FIRE DEPARTMENT
60.The Applicant shall comply with all of the attached Riverside County Fire
Department conditions and standards.
End of Conditions