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HomeMy WebLinkAboutCC Reso No 2008-098 ~ n r RESOLUTION NO. 2008- 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2008-07 WHEREAS, Casino One, JEC, LLC., has initiated proceedings to request the approval of Commercial Design Review No. 2007-07 for the design and establishment of the a new automobile dealership site ("the Commercial Design Review"), which will be located at on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 (the "Site"); and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on October 21, 2008 made its report upon the desirability of the proposed project and made its recommendations in favor of said project by adopting Planning Commission Resolution No. 2008-86 recommending to the City Council approval of Commercial Design Review No. 2008-07; and WHEREAS, public notice of the Commercial Design Review has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 11, 2008. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Commercial Design Review No. 2008-07 prior to a decision to approve the project. The City Council finds and determines that the Commercial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The City Council hereby finds and determines that Mitigated Negative Declaration No. 2008-04 for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 3. That in accordance with Section 17.82 (Design Review) of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review No. 2008-07: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 complies with the goals and objectives of the General Plan in that the approval of this automobile dealership I I : ~ PAGE 2 OF 3 will assist in achieving the development of a well-balanced and functional mix of 'residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. . The proposed Commercial Design Review located on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 is appropriate to the site and surrounding developments in that the automobile dealership project has been designed in consideration of the size and shape of the property. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Commercial Design Review located on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 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 subject 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 proposed Commercial Design Review located on the north side of Lakeshore Drive between the San Jacinto River Channel and Avenue 6 has been scheduled for review and consideration by the Planning Commission. SECTION 4. Based upon all of the evidence presented, the above findings, the conditions of approval imposed upon the Commercial Design Review, and the recommendation of the Planning Commission, the City Council hereby approves Commercial Design Review No. 2007-07. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 11TH day of November 2008. Od2cK!!rY MAYOR ~ n n PAGE 3 OF 3 ATTEST: rJ4fJ+- CAROL CO L INTERIM CITY CLERK APPROVED AS TO FORM: ~---=:>~ , Y\N. BARBARA ZEID LEIBOLD CITY ATTORNEY 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. 2008-98 was adopted by the Ci~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 11 day of November 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Councilmember Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSENT: None ABSTAIN: None,', r - I l i I , i ~ i , i ---------1 '=LM sr. 1 -5;:- ~ ~ I !: i g ~ I ~ ~ i !6 -=c. -.; I ~ ~ i "" ;;t I S; I == i I ~ :!:! ll) ~ ", I\) I L______..L..__L___L_..-1- PROPOSED AVENUE 1 r ~ ii[- l-~ r 11I1 ~11IIEAurq"'aTIJE8Raa'~I- .,llir~ I- ;;:-1 . I. . LAmHaREP~apmr .. - - . , ::::i II'AVE,~E.C:::::":=fORI I i. lh! a LAKE ELSIHaR~ CA. ~ ~ I I" CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 THE AUTOMOTIVE SALES AND SERVICE CENTER GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants 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 implementation and construction of General Plan Amendment No. 2008-03, Commercial Design Review No. 2008-07, Mitigated Negative Declaration No 2008-04, or any other action taken or made in connection with these entitlements. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PLANNING DIVISION 2. Approval of the identified project applications will lapse and be void unless building permits are issued within two (2) years, of the City Council approved date. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. All site improvements approved with this request shall be constructed as indicated on the approved site plan. Revisions to approved site plan shall be subject to the review of the Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans, as modified by Conditions of Approval, the Planning Commission or the City Council. All future development of the project site relating to, but not limited to, building architecture, landscaping, lighting, noise, traffic circulation, product delivery, hours of operation, signage, shall be subject to a new and complete Design Review application and process. 5. The applicant shall comply with the City's Noise Ordinance. Except that all construction activity shall be limited to the hours of 7:00 A.M. to 5:00 P.M., Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 6. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 7. All loading zones shall be clearly marked with yellow striping and shall meet City standards for loading lones. 8. The Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building I n r CONDITIONS OF APPROVAL PAGE 2 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 permits and final approval. . 9. Prior to issuance of a Grading Permit the applicant shall pay the appropriate MSHCP Fee. 10. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 11. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 12. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 13. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring Program for Mitigated Negative Declaration No. 2008-04. 14.AII development shall occur within the General Commercial Zoning and General Plan land use designation area. No grading or development shall occur with the Floodway Zone AE designated area. ENGINEERING DIVISION 15.Applicant shall process a Conditional Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMR) for the area of the proposed development which lies within the 100-year Flood way Boundary as identified by the Flood Insurance Rate Map, panel 2041 of 3805. Prior to issuance of Grading Permit, Applicant shall delineate the floodway areas to be avoided. Grading in the floodway areas shall be allowed only after FEMA approval of the CLOMR application. The LOMR application shall be approved by FEMA prior to the issuance of the Certificate of Occupancy. 16. Dedicate full half width right-of-way along the project frontage of Lakeshore Drive prior to the issuance of the building permit. Centerline to right-of-way shall be measured to be 60- feet. 17. Construct full half width street cross section along Lakeshore Drive, consistent with the General Plan Circulation Element prior to the issuance of the building permit. Half width street shall measure 48-feet from the centerline of Lakeshore Drive to the face of curb adjacent to the project. 18. Provide a striping and signing plan for striping from the project's southerly boundary to the Lakeshore Drive bridge with special attention to the design and adequate tapers of traffic lanes to and from the bridge. This plan shall be approved by the Traffic Engineer prior to issuance of the building permit. r ~ I CONDITIONS OF APPROVAL PAGE 3 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 19. Pay cashcin-lieu for the construction of the median on Lakeshore Drive along the project frontage prior to the issuance of the building permit. The project is responsible to pay for half the construction of the median. 20. Align the Northerly driveway with Elm Street. 21. Align the Southerly driveway with the entrance to the River's Edge apartment complex. 22. Relocate the Elsinore Valley Municipal Water District facility such that the curb and sidewalk alignments along Lakeshore Drive is consistent with the General Plan Circulation Element prior to the issuance of the building permit. 23. Comply with all proposed mitigation measures identified in the traffic study approved by the City of Lake Elsinore. 24. Provide for onsite loading and unloading of inventory from the delivery trucks. 25. Provide truck turning templates to show that onsite circulation will work for the anticipated types of delivery trucks. 26. Provide detention facility sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. 27. Provide water quality control measures to comply with the Santa Ana Region Water Quality Control Board requirements. 28. Process a Conditional Letter of Map Revision (COLMR) and Letter of Map Revision (LOMR) showing the 1 DO-year flood event will be contained within the San Jacinto River banks. This requirement applies if the project impacts the 1 DO-year flood plane. 29. The slope on the north side of the project shall be improved with long-term erosion control planting. 30. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the discharge to a non-erosive velocity and that the down stream property owner is protected from the 100-year storm flows. The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constructed to accommodate pressure flow. 31. Sight distance for ingress / egress at all driveways shall be unobstructed. CONDITIONS OF APPROVAL PAGE 4 OF 8 ;-; GENERAL PLAN AMENDMENT NO. 2008-03 I: COMMERCIAL DESIGN REVIEW NO. 2008-07 32. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 33.AII street improvements shall be installed and functioning prior to certificate of occupancy. 34. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), Transportation Uniform Mitigation Fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. Fee amount to be paid shall be consistent with the current amount as stipulated in each fee ordinance. 35. 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. Submit this letter prior to issuance of a building permit. 36. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of a building permit (LEMC 16.34). ~ 37. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 38.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate securities prior issuance of a building permit. 39.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 y," x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 40. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 41.Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of a building permit. 42.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. r I ' 43. Provide fire protection facilities as required in writing by the Riverside County Fire Department. I , ~ r CONDITIONS OF APPROVAL PAGE 5 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 44. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 45. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 46.Applicant shall submit a traffic control plan showing all permanent traffic control devices for the project to be approved prior to issuance of a building permit. All permanent traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking Signs for travel ways within the development. 47. Construction traffic control plans shall be submitted to and approved by the City's Traffic Engineer prior to issuance of encroachment permit. 48.AII improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 49.AII utilities (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the serving utility. 50. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 51. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 52.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 53.AII grading shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to 1 shall be approved by the City Engineer and certified for stability and proper erosion control requirements by a licensed Geologist or licensed Geotechnical Engineer. All manufactured slopes greater than 30 ft. in height shall be contoured and have a six (6) foot wide bench with a three (3) foot wide terrace drain constructed for every thirty (30) vertical foot of slope. ~ ~ r CONDITIONS OF APPROVAL PAGE 6 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 54. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 55. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 56. Individual lot 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. 57. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 58.AII natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 59. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 60. Meet all requirements of LEMC 15.68 regarding flood plain management. 61. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District as a submittal requirement of the rough grade plan check. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 62. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 63. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 64.1 O-year storm runoff should be contained within the curb and the 1 DO-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 65.A drainage acceptance letter shall be required from the downstream property owners for out-letting the proposed storm water run-off on private property if the flows are inconsistent with the historic flow details. n r I CONDITIONS OF APPROVAL PAGE 7 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 66.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 67. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 68. Education guidelines and Best Management Practices (BMP) shall be provided to the manager of the business in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 69.Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. These provisions include the development and compliance with a Water Quality Management Plan (WQMP). 70. Driveway intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 71. Reciprocal access agreements shall be processed with adjacent property owners. 72. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. COMMUNITY SERVICES DEPARTMENT 73. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. 74. Developer shall participate in the City-wide Landscape and Lighting Maintenance District. 75. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. n I I I CONDITIONS OF APPROVAL PAGE 8 OF 8 GENERAL PLAN AMENDMENT NO. 2008-03 COMMERCIAL DESIGN REVIEW NO. 2008-07 RIVERSIDE COUNTY FIRE DEPARTMENT 76. The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 77. The applicant shall request a "will serve" letter from the Elsinore Valley Municipal Water District. Submit the "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. Submit this letter prior to issuance of a building permit.