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HomeMy WebLinkAboutCC Reso No 2008-092 n n , I , in RESOLUTION NO. 2008- 92 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2008-05 WHEREAS, Mark Moore of 7-M Corporation, has initiated proceedings to request the approval of Commercial Design No. 2008-05 in order for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant and associated drive-thru; and WHEREAS, the project is generally located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, the proposed project is within the C-1 (Neighborhood Commercial) Zoning district and the General Commercial (GC) General Plan Land Use designation; and WHEREAS, the Developer proposes the project on a fully developed existing .66 acre site located two-hundred fifty-feet (250') southeast of the Railroad Canyon Road and Mission Trail intersection and fifty-feet (50') northeast of Mission Trail at 31712 Mission Trail (APN: 363-172-014); and WHEREAS, the Design Review includes design details for the renovation as well as related on-site improvements of the existing 2,040 square-foot "Taco Bell" restaurant; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving commercial projects; and WHEREAS, public notice of the project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on October 28th, 2008. 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 design for the "Taco Bell" restaurant, drive-thru, and related on-site improvements prior to making a decision and has found them acceptable. SECTION 2. The City Council hereby finds and determines that Commercial Design Review No. 2008-05 is categorically exempt from the California Environmental Quality Act (Public Resources Code SS 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations SS 15000 et seq.: "CEQA n Ii n CITY COUNCIL RESOLUTION NO. 2008- PAGE20F4 Guidelines") pursuant to Section 15301 (Class 1) (d) and (e) (Existing Facilities) categorical exemption. Specifically, the City Council finds that the project is an existing facility with associated drive-thru that will be remodeled in order to meet current standards of public health and safety as well as Lake Elsinore Municipal Code development requirements. Furthermore, the City Council finds that any addition to the existing structure will not result in an increase in of more than fifty-percent (50%) of the floor-area of the structure(s) before the addition. SECTION 3. That in accordance with Section 17.74 of the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2008-05: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the site is located. The General Plan and Zoning Map designate the site for (C-1) Neighborhood Commercial. The proposed project and its uses are consistent with the goals and objectives of the General Plan in providing suitable commercial opportunities for its residents. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The purpose of the design review process is to ensure that new development occurs enhances the character and quality of surrounding properties. The project was reviewed as to scale, relationships to buildings and surrounding uses, and architectural treatment to ensure that it visually contributes to the area. Buffer areas for landscaping have been provided and designed so as to compliment existing surrounding commercial development. 3. Conditions and safeguards pursuant to Section 17.82.070 including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the C-1 Zone. The project has been conditioned to comply with the development standards of the C1-Neighborhood Commercial zone, as well as other requirements within the Municipal Code that address compatibility with adjacent uses. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached, the City Council of the City of Lake Elsinore does hereby approve of Commercial Design Review No. 2008-05. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. n n n CITY COUNCIL RESOLUTION NO. 2008- PAGE 3 OF 4 PASSED, APPROVED AND ADOPTED on this 28th day of October 2008. Izj/ A~&I.J7y CA L CO EY INTERIM CITY CLERK APPROVED AS TO FORM: /" YL HICKMAN, MAYOR CITY OF LAKE ELSINORE n n n CITY COUNCIL RESOLUTION NO. 2008- PAGE40F4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) )ss. ) I, CAROL COWLEY, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-92 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 28th day of October 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Bro Tem Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSENT: None ABSTAIN: None CAROL COWLEY INTERIM CITY CLERK n n n ',N-- ~:;\ -'.,' '.,'., '.'-'it;: '>'lr. ~~.t~\'- CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2008-06 AND COMMERCIAL DESIGN REVIEW NO. 2008-05 (TACO BELL RESTAURANT AND ASSOCIATED DRIVE-THRU RENOVATION AS WELL AS ON-SITE IMPROVEMENTS) PLANNING DIVISION 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 Conditional Use Permit No. 2008-06 Commercial Design Review No. 2008-05 for the "Taco Bell" restaurant and associated drive-thru renovation and on-site improvements located at 31712 Mission Trail (APN: 363-172-014) 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. Prior to issuance of any building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original copy to the Community Development Department for inclusion in the case records. 4. The applicant shall comply with any/all requirements of the Riverside County Fire Department. 5. The Applicant is to meet all applicable City Codes and Ordinances. 6. The Applicant shall comply with the City's Noise Ordinance. All 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. 7. The applicant is to meet all requirements of the Lake Elsinore Unified School district. 8. 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 n n n prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 9. 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. 10. 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. 11. 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 building permit. 12. The Commercial Design Review approved herein is good for two (2) years from the date of approval. After the two (2) years has expired, an extension for a third (3rd) year may be granted by the Director of Community Development. After the third (3rd) year extension expires, the applicant may be granted a final extension for one (1) year or fourth (4th) year and final extension; subject to the review and approval of the approving body. 13. Brisbane Box trees can become too big for the proposed parking lot planters. The applicant shall submit a revised landscaped plan that shows a more appropriate species to be reviewed and approved by the City's Landscape Architect. 14. The project shall comply with any/all requirements of the Parks & Recreation Department. 15. The project shall comply with any/all requirements of the Building & Safety Division. 16. All parking stalls, other than disabled parking stalls, shall be striped with double lines two-feet (2') apart and all strips shall have a minimum width of four inches (4"). 17. Decorative paving treatments shall be incorporated at all ingress/egress points along Mission Trail and Casino Drive and the entrance and exit of the proposed drive-thru. 18. All existing/proposed walls/retaining walls visible from the public right-of-way shall include decorative exterior materials or stucco. If the applicant proposes to n n n incorporate stucco, the applicant shall match the stucco style and color of the proposed restaurant. 19. The existing retaining wall located within the southwest planter bed along Mission Trail shall be removed. 20. A rain sensor shall be provided for the project, which will assist in the conservation of water. 21. All exterior or ground mounted equipment, service equipment, grease traps, etc., shall be effectively screened from public view. 22. All exterior roof access ladders and roof mounted equipment shall be located within the building and be located below the roof parapets, so as to not be visible from public view. PRIOR TO THE ISSUANCE OF BUILDING PERMITS 23. The applicant shall pay any/all applicable Library Capital Improvement Fund fees, priorto the issuance of a building permit. 24. Any/all applicable fees shall be paid, prior to the issuance of a building permit. 25. Prior to the issuance of a building permit, the applicant shall submit a revised site plan that indicates that the planter bed at the southwest corner of the property has a minimum setback of fifteen-feet (15') and an average setback of twenty-feet (20'). 26. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that indicates that the internal parking lot planting equals a total of five-percent (5%) of the overall landscaping percentage. 27. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that indicates that there is a minimum of one (1) twenty-four inch (24") box tree for every five (5) parking spaces. 28. Prior to the issuance of a building permit, the applicant shall submit a photometric study, which indicates that proposed project has a minimum of one-foot (1 ') candle throughout the site and five-foot (5') at all building entrances. 29. Prior to the issuance of a building permit, the applicant shall submit elevations of decorative parking lot fixtures as well as wall mounted fixtures to be reviewed and approved by the Director of Community Development or his/her designee. All parking lot lighting and wall mounted lighting fixtures shall reflect the architectural style of the proposed restaurant. n n o 30. Prior the issuance of a building permit, the applicant shall submit elevations of the proposed trash enclosure. The trash enclosure shall have a solid roof, decorative front-doors, and shall be constructed with like materials to reflect the architectural style of the proposed restaurant. The trash enclosure elevations shall be reviewed and approved by the Director of Community Development or his/her designee. 31. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan that shows that the applicant has incorporated a landscape berm with shrubs planted on the top within the landscape planter between Casino Drive and the proposed drive-thru. The height of the landscape berm and the materials to be planted on top shall be reviewed and approved by the City's Landscape Architect. The minimum landscape berm height shall be high enough as to effectively screen the existing drive-thru lane from public view along Casino Drive. 32. Prior to the issuance of a building permit, the applicant shall submit a line-of-site plan from all elevations, so as to verify that all roof mounted equipments is not visible and effectively screened from public view. 33. Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan, which indicates that all proposed street trees along Mission Trail and Casino Drive are selected from the City approved street tree list. 34. Decorative paving treatments shall be incorporated at all building entrances. 35. The proposed exposed out lookers and trellises shall be painted so as to resemble a stain representative of a "Santa Barbara" wood stain. PRIOR TO THE ISSUANCE OF A CERTIFICA TE OF OCCUPANCY 36. The applicant shall meet all conditions of approval prior to the issuance of a certificate of occupancy. 37. Prior to the issuance of a Certificate of Occupancy, the applicant shall have processed and received Planning Commission approval of a Uniform Sign Program for all building mounted, free-standing, and directional signs for the proposed "Taco Bell". All proposed signs shall architecturally reflect the newly renovated "Taco Bell" restaurant. CITY OF LAKE ELSINORE DIVISION OF ENGINEERING 38. The applicant shall obtain an encroachment permit for any work performed in public right-of-way. 39. The applicant shall dedicate ten-feet (10') of road easement on Mission Trail and ten-feet (10') of road easement on Casino Drive. n n n 40. Capital Improvement fees and mitigation fees pursuant to LEMC 16.34, Res. 85-26 if applicable, shall be paid prior to issuance of building permit. 41. The existing trash enclosure that is proposed to be removed shall be relocated to the first parking stall on the southwest corner of the property. 42. The applicant shall provide signing and striping for traffic entering and exiting the site and for on-site parking and circulation. 43. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the city's storm drain system. 44. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated 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. RIVERSIDE COUNTY FIRE DEPARTMENT 45. ROOFING MATERIAL- All buildings shall be constructed with class B roofing materials as per the California Building Code. 46. BLUE DOT REFELECTOR- Blue retro reflective pavement markers shall be mounted on private street, public streets And driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. 47. MINIMUM REQUIRED FIRE FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler system. 48. SUPER FIRE HYDRANT- The average spacing between Super Fire Hydrant(s) (6" x 4" x 2 y,,"x 2 Y, ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. 49. RAPID HAZMAT BOX- Rapid entry Hazardous Material data and key storage cabinet shall be installed on the outside of the building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation (Current plan check fee is $126.00). n n n 50. WATER PLANS- The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed/approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." 51. BLDG PLAN CHECK FEE- Building plan check deposit fee of $1 ,056.00, shall be paid in a check or money order to the City of Lake Elsinore before plans have been approved by our office. 52. WATER CERTIFICATION- The applicant or developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 1500 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. 53. WATER PLANS- The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local Water Company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." PRIOR TO BUILDING FINAL FIRE INSPECTION 54. FIRE LANES- The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/or signs. 55. SUPER FH/FLOW- Minimum required fire flow shall be 1500 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V-B construction per the 2007 CBC and building(s) having a fire sprinkler system. The average spacing between Super fire hydrant (s) (6" x 4" x 2 y,," x 2 Y:z ") shall be not exceed 500 feet between hydrants and have a maximum distance of 250 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. n n n 56. LOW LEVEL EXIT SIGN Door -level exit signs, exit markers and exit path marking shall be installed per the California Building Code. 57. EXTINGUISHERS- Install portable fire extinguishers with a minimum rating of 2A- 10BC and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (Inches) to enter above the floor level with Maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. 58. HOOD DUCTS- A U.L. 300 hood duct fire extinguishing system must be installed over the cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. system must be installed by a licensed C-16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre- existing alarm system must be connected to the extinguishing system. ('separate fire alarm must be submitted for connection) (Current plan check fee is $215.00). 59. TITLE 19- The project shall comply with Title 19 of the California Administrative Code.