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HomeMy WebLinkAboutCC Reso No 2008-085 n n n RESOLUTION NO. 2008-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2008-08 WHEREAS, Peter Noll, CCN Architecture, has initiated proceedings for Commercial Design Review No. 2008-08 for the design and construction of a two- hundred and sixty (260) square foot kiosk building with associated drive-through located within the existing Mission Trail Shopping Center (APN: 363-172-022) (the "Project"); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving commercial design review applications; and WHEREAS, on August 26, 2008, at a duly noticed public meeting, 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 Commercial Design Review prior to making a decision to approve 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 hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Section 15303(a) New Construction or Conversion of Small Structures. 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 2008-08: 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. n n In 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 developments in that the retail shell 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 interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. 3. The Project will compliment the quality of existing development 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 architectural stone accents and earth tone colors that blend with surrounding developments and provide evidence of a concern for quality and originality. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to Section 15303(a), New Construction or Conversion of Small Structures, the Project was reviewed and conditioned by all applicable City departments to ensure that the retail shell building blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents 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 property 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 City Council on August 26, 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 2008-08. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. n n n C. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Councii of the City of Lake Elsinore, California, this 26th day of August 2008. L VIAN M. MUNSON CITY CLERK STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ss. ) ELLEY, MA~ F LAKE ELSINORE h VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California. hereby certify,that Resolution No. was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of August 2008, and that the same was adopted by the following vote: AYES: Councilmembers Thomas Buckley. Robert E. Magee and Robert Schiffner NOES: Mayor Daryl Hickman and Mayor Pro Tem Genie Kelley ABSTAIN: None ABSENT: None L VIVIAN M. MUNSON CITY CLERK 3 n n n CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008-11 AND COMMERCIAL DESIGN REVIEW NO. 2008-08 FOR THE PROPOSED CUPPY'S COFFEE KIOSK WITH DRIVE-THROUGH LOCATED WITHIN THE MISSION TRAIL CENTER (APN: 363-172-022) 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 Commercial Design Review for the Cuppy's Coffee located in the Mission Trail Center (APN: 3363-172-022) 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. 3. 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 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 placed on the property prior to the issuance of a grading permit. 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. 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. 6. 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. n n n Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August26,2008 Page 2 of 7 7. The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 8. The applicant shall comply with all applicable City codes and ordinances. 9. The proposed wall with decorative cap located along the drive-thru lane shall match the color of existing walls within the Mission Trail Shopping Center. 10. Landscaping: Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 11. All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. 12. The proposed trash enclosure shall match the color and use the same material/texture of the existing buildings within the Mission Trail Shopping Center. 13. The roof color of the proposed trash enclosure shall be selected from the approved building color palette. 14. The color of the trash enclosure gates shall match the color selected for the trash enclosure roof. Conditional Use Permit No. 2008.11 15. 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. 16. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 17. 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. n n n Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August 26, 2008 . Page 3 of 7 18. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 19. Necessary traffic circulation signage shall be erected onsite in association with the drive-thru lane. Signage shall be reviewed by the Director of Community Development or designee. Commercial Design Review No. 2008-08 20. Approval for Commercial Design Review No. 2008-08 will lapse and be void unless building permits are issued within two (2) years following the date of approval, with a one (1) year extension that may be granted by the Director of Community Development and a final extension of one (1) additional year that may be granted by the approving body (Planning Commission or City Council). 21. 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 reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 22. 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 or designee has determined that all Conditions of Approval have been complied with. 23. All 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 Director of Community Development. 24. Plan Check shall conform to the submitted plans as modified by Conditions of Approval or by the Planning Commission and/or City Council through subsequent actions. 25. All 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. 26. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall n n n Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August 26, 2008 Page 4 of 7 compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development or Designee. 27. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 28. Trash enclosures shall be constructed per City standards as approved by the Director of Community Development or Designee prior to issuance of Certificate of Occupancy. 29. No exterior roof ladders shall be permitted. 30. All exterior downspouts shall be concealed within the building(s). 31. Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee. 32. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 33. The Applicant shall comply with all Riverside County Fire Department requirements. 34. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and installed as approved by the Planning Division, prior to the issuance of a certificate of occupancy. 35. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit 36. Prior to the issuance of a building permit the applicant shall submit final elevations with revised awnings. The awning shall have a minimum dimension of twenty-four to thirty-six inches (24"-36") from the architectural projection the awnings are located on. The final design shall be approved by the Director of Community Development or designee. 37. Prior to the issuance of a grading permit the applicant shall submit final grading plans to the Engineering Division for approval. The applicant shall meet all of the Engineering Division's requirements for submittal and approval. 38. Prior to the issuance of a building permit the applicant shall submit the revised "Preliminary Landscape Plans" and "Preliminary Grading Plans", and shall be consistent with the approved to the site plan. n n n I I Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August 26, 2008 Page 5 of 7 39. 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 Director of Community Development or designee, prior to final landscape approval. a. 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 grass 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 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 to 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. All landscape improvements shall be bonded 100% for material and labor for one year from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and the Director of Community Development 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. Ii I i n n Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August26,2008 Page 6 of 7 j. One twenty-four inch (24") box size tree shall be installed for every five parking spaces within the onsite parking area. k. 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. 40. Prior to issuance of building permits, applicant shall provide assurance that any/all required fees to the Lake Elsinore Unified School District have been paid. 41. Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 42. Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 43. Prior to issuance of building permits, the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid. 44. Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. 45. Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid. 46. On-site surface drainage shall not cross sidewalks. Prior to the issuance of a Certificate of Occupancy 47. Prior to the issuance of a certificate of occupancy, the applicant shall have an approved, revised Uniform Sign Program on file with the Community Development Department, adding the Cuppy's Coffee building and indicating all signage criteria for the building. ENGINEERING General Conditions 48. The applicant shall obtain an encroachment permit for any work performed in public right of way. 49. The applicant shall dedicate 10' of right-of-way on Mission Trail such that the ultimate right-of-way width to centerline is 60 feet. n II n Conditions of Approval Conditional Use Permit No. 2008-11 & Commercial Design Review No. 2008-08 August 26, 2008 Page 7 of 7 50. TUMF, TIF and other mitigation fees (LEMC 16.34, Res. 85-26) if applicable, shall be paid prior to issuance of building permit. 51. 'No Parking' signs shall be installed at the driveway, from the entrance to approximately 100 feet from face of curb. 52. The applicant shall provide signing and striping for traffic entering and exiting the site and for on-site parking and circulation. 53. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 54. 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.