HomeMy WebLinkAboutCC Reso No 2007-021RESOLUTION NO. 2007-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA APPROVING
COMMERCIAL DESIGN REVIEW NO. 2006-03 FOR THE
LAKE ELSINORE HOTEL AND CASINO
WHEREAS, Ted Kingston, Lalce Elsinore Hotel and Casino, has initiated
proceedings for Commercial Design Review No. 2006-03 for the design and
consixuction of an additional 3,520 square-foot bar and cocktail lounge, a 220
square-foot employee lounge, 1,264 square-foot offices located on the second story
of the existing casino, a 220 square-foot outdoor patio, and a 130 square-foot
covered employee deck, within the existing Lake Elsinore Hotel and Casino
located at 20930 Malaga Road (APN: 365-040-016) and generally located on the
northwest comer of Casino Drive and Malaga Road (the "Commercial Design
Review"); and
WHEREAS, the Planning Commission of the City of Lake Elsinore
considered the application for Commercial Design Review 2006-03 at a duly
noriced public hearing on January 16, 2007 and recoirunended approval to the City
Council; and
WHEREAS, at a duly noticed public hearing held on February 13, 2007, the
City Council considered the recommendation of the Planning Corrunission and
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 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 approving the application.
SECTION 2. That in accordance with State Planning and Zoning Law and
the Lake Elsinare Municipal Code, the City Council makes the following findings
for the approval of the Commercial Design Review:
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.
CITY COUNCIL RESOLUTION NO. 2007-21
PAGE 2 OF 3
The Commercial Design Review complies with the goals and objectives of the
General Plan because the architectural and aesthetic expansion of the Lake
Elsinore Hotel and Casino will assist in achieving the development of well-
balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses and the project will diversify 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
Lalce Elsinore Municipal Code.
The Commercial Design Review is appropriate to the site and surrounding
developments in that the architectural and aesthetic expansion complements the
size and shape of the property. Suff cient setbacks and enhanced onsite
landscaping have been provided thereby creating interest and varying vistas as a
person moves along abutting streets and within the Lake Elsinore Hotel and
Casino. In addition, safe and efficient circulation has been achieved onsite. The
project will complement the quality of existing development and will create a
visually pleasing, non-detractive relationship between the proposed development
and existing projects in that the applicant is providing a"Traditional"
architectural design with various elements which serve to enhance the buildings of
the existing Lake Elsinore Hotel and Casino. A variety of materials and colors will
be used, including architectural stone accents and earth tone colors, which seT^ves
to blend the proposed additions with surYOUnding developments. The project
demonstrates a concern for qualiry and originality.
3. 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.
SECTION 3. This Resolution shall take effect from and after the date of its
passage and adoption.
CITY COUNCIL RESOLUTION NO. 2007-21
PAGE 3 OF 3
PASSED, APPROVED AND ADOPTED this 13th day of February 2007,
by the following vote:
11~5: C~UNCII.MEMBER.~:Buckley, Kelley, Schiffner, Magee
NOES: COUNCILMEMBERS:None
ABSENT: COi_JNCILMEMBERS:xickman
ABSTAIN: COUNCILMEMBERS:None
R6~ert E. Magee,
City of Lake Els'v
ATT ST:
~_~Ul~l~~ ~~
Michelle Soto, Interim City Clerk
City of Lake Elsinare
City Attorney
City of Lake Elsinare
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
PROJECT NAME:
ZONING CODE TEXT AMENDMENT NO. 2006-04,
ZONE CHANGE NO. 2006-10, CONDITONAL USE
PERMIT NO. 2006-04, COMMERCIAL DESIGN
REVIEW NO.2006-03, UNIFORM SIGN PROGRAM
NO. 2006-04, AND NEGATIVE DECLARATION
NO. 2006-08, FOR THE LAKE ELSINORE HOTEL
AND CASINO
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 the Minor
Design Review project attached hereto.
2. All Conditions of Approval shall be reproduced upon page one of building
plans submitted to the Building and Safety Division for Plan Check.
3. 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.
4. The applicant shall deliver to the Planning Department a cashier's check or
money order made payable to the Riverside County Clerk in the amount of One
Thousand eight hundred dollars ($1,800.00) to enable the City to file the Notice
of Determination. Said filing fee shall be provided to the City within forty-eight
(48) hours of project approval.
City Council Approved
2/13/07
5. 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.
6. 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.
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 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. 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. 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 Director of Community Development or designee.
10.The applicant shall comply with all applicable City codes and ordinances.
ZONE CHANGE NO. 2006-10
& COMMERCIAL DESIGN REVIEW NO. 2006-03
11. Future development shall comply with those standards and guidelines
contained in Chapter 17.48 (C-2 General Commercial District).
12.All site improvements approved with this request shall be constructed as
indicated on the approved site plan and elevations. Revisions to approved site
City Council Approved
2/13/07
plans or building elevations shall be subject to the review of the Director of
Community Development.
13.Commercial Design Review No. 2006-03 approved herein shall lapse and
become void one (1) year following the date on which the Design Review
became effective, unless prior to the expiration of one year, a building permit
related to the Design Review is issued and construction commenced and
diligently pursued toward completion.
14.Plan Check shall conform to the submitted plans as modified by Conditions of
Approval, or the Planning Commission/City Council through subsequent action.
15.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.
16.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
compliment the architectural style of the building.
17.Prior to the issuance of a building permit, the applicant shall submit to the
Community Development Department, a photometric study showing the
locations of all proposed exterior lighting fixtures and verifying that a minimum
of I-foot candle is achieved throughout the parking area. Furthermore, the
photometric study shall demonstrate that there is a minimum of 5-foot candle at
building entrances.
18.Prior to the issuance of a building permit, the applicant shall submit revised
plans showing that the American with Disabilities Act (ADA) requirement of
seven (7) ADA parking spaces has been met. The location of all proposed ADA
spaces and any other ADA requirements shall be reviewed and approved by the
City's Building Official or designee.
City Council Approved
2/13/07
19.Trash enclosures shall be constructed per City standards and Chapter 17.38.120
as approved by the Director of Community Development or designee prior to
issuance of Certificate of Occupancy.
20.Decorative light fixtures shall be placed within the onsite parking lot. The
fixtures shall be ADA compliant and shall compliment and enhance the
architectural style of the buildings on-site. The specific fixture type shall be
reviewed and approved by the Director of Community Development or
designee and shall be shown on the construction drawings.
21.No exterior roof ladders shall be permitted.
22.All exterior downspouts shall be concealed within the building.
23. The Planning Division shall approve the location of any construction trailers
utilized during construction. All construction trailers shall require a cash bond
processed through the Planning Division.
24.All materials and colors depicted on the plans and materials board shall be used
unless modified by the Community Development Director or designee.
25.0n-site surface drainage shall not cross sidewalks.
26.Allloading zones shall be clearly marked with yellow striping and shall comply
with the requirements of the LEMC.
27.All exposed slopes in excess of three feet (3') in height shall have a permanent
irrigation system and erosion control vegetation installed, approved by the
Planning Division.
28.The landscape plan shall provide for ground cover, shrubs, and trees and shall
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 systems shall be used to prevent excessive watering.
29.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 issuance of
City Council ;\ppro\ec!
2/13/07
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 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) Planting 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) 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.
f) All landscape improvements shall be bonded lOO% for material
and labor for two years 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 Community Development Director
or Designee.
g) 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.
h) Final landscape plans to include planting and irrigation details.
City Council Approved
21 YO 7
30.The applicant shall provide assurances to the Planning Division that the Public
Building Impact fee has been met, prior to the issuance of a building permit.
31.Prior to the issuance of building permits the applicant shall provide assurances
that any/all required fees of the Lake Elsinore Unified School District have
been met.
32. The applicant shall provide assurances that any/all requirements of the
Community Services Department have been met.
33.The applicant shall provide assurances that the Library Capital Improvement
Fund fee has been met.
34.All parking spaces adjacent to loading docks shall have wheel stops.
35.The applicant shall provide assurances that all Multiple Species Habitat
Conservation Plan fees have been met, prior to the issuance of building permits.
36.All parking stalls shall be double-striped with four-inch (4") lines two-feet (2')
apart. The applicant shall provide a note and detail on the construction plans.
37.Planting within 15-feet of ingress/egress points shall be no higher than 36-
inches.
38. The applicant shall provide assurances to the City that the design, construction,
and all drive aisle complies with all Riverside County Fire Department
standards, prior to the issuance of building permits.
39.All mechanical and electrical equipment shall be ground mounted and
architecturally screened and all outdoor ground or wall mounted utility
equipment shall also be architecturally screened along with substantial
landscaping, subject to the approval of the Director Community Development,
prior to the issuance of a building permit.
40. The revised construction plans shall be consistent with each other and reviewed
for consistency to the satisfaction of the Director of Community Development
or designee, prior to the issuance of a building permit.
City Council App!\!\cd
2/13/07
41.The applicant shall provide a twenty foot (20') landscape buffer along Malaga
Road. The construction plans shall reflect the twenty foot (20') landscape buffer
and shall be reviewed and approved by the City's resident landscape architect,
prior to the issuance of a building permit.
42. The applicant shall provide a detailed parking analysis of all the existing and
proposed uses on the site. The applicant will be responsible for meeting all the
minimum parking space requirements for all existing and proposed uses as
outlined in Chapter 17.66 (Parking Requirements), prior to the issuance of a
building permit.
43.Ifthe applicant proposes to utilize the adjacent lots as additional parking for the
existing hotel and casino, as either overflow or to meet the minimum parking
requirements for the existing and proposed uses for the hotel and casino as
outlined in Chapter 17.66; he shall submit a reciprocal parking agreement to
Planning Division, prior to the issuance of a building permit. The submitted
parking analysis shall reflect the reciprocal parking agreement for the adjacent
lots as well as the amount of parking against all uses within the three (3) subject
lots.
44. The applicant needs to meet the minimum drive aisle width of twenty-six (26')
feet as outlined in Chapter 17.66.030. The alterations in drive aisle width to
meet Chapter 17.66.030, shall be reflected in the construction plans and are to
be reviewed and approved by the Director of Community Development or
designee, prior to the issuance of a building permit.
45.The applicant shall revise the parking plan after all drive aisles have met the
requirements of Chapter 17.66.030, to meet the size of (9' x 18') for interior
spaces and (11' x 18') that abut a wall, building, or fence. This is to be
reviewed by the Director of Community Development or designee, prior to the
issuance of a building permit.
46. The applicant needs to provide one (1) loading space and so reflected on the
construction plans. The proposed loading space shall measure (40' x 12' x 14')
and shall be reviewed and approved by the Director of Community
Development or designee, prior to the issuance of a building permit.
Cit) Council Approved
211307
47. The applicant needs to provide a note on the construction landscape plan that
the internal landscaping within the parking area is equal to five percent (5%).
This is to be reviewed and approved by the Director of Community
Development or designee, prior to the issuance of a building permit.
48.The applicant needs to provide a note on the construction landscape plan that all
landscape planter beds in the interior parking area shall not be less than five-
feet in width and bordered by a curb not less than six-inches (6") and no more
than eight-inches (8") in height. This is to be reviewed by the Director of
Community Development or designee, prior to the issuance of a building
permit.
49.The applicant is to provide one (1) twenty-four inch (24") box tree for every
five (5) parking spaces within the parking area. This is to be reviewed and
approved by the Director of Community Development or designee, prior to the
issuance of a building permit.
50. The applicant shall install one (1) twenty-four inch (24") box street tree every
thirty-linear feet (30'), selected from the City approved street tree list, and
installed prior to Certificate of Occupancy.
CONDITIONAL USE PERMIT NO. 2006-03
51.Conditional Use Permit No. 2006-03 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.
52. The Conditional Use Permit shall comply with all applicable requirements of
the Lake Elsinore Municipal Code (LEMC); Title 17, unless modified by the
approved Conditions of Approval.
53. 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.
City Council Approved
2/13/07
54.The applicant shall comply with all necessary California Department of Alcohol
Beverage Control (ABC) requirements.
55.Live entertainment or P A system shall not be permitted on the outdoor patio.
UNIFORM SIGN PROGRAM NO. 2006-04
56. The applicant shall provide a note on the submitted Uniform Sign Program that
reads "The overall width of any sign shall not exceed 75% of any interrupted
architectural treatment, or leased frontage, which ever is small". This note and
the revised signs shall be submitted to Planning Division for review and
approval by the Director of Community Development or designee, prior to the
issuance of a building permit.
DEPARTMENT OF ADMINISTRATIVE SERVICES
57. Annex into CFD 2006-5
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 the
Mello-Roos Community Facilities District 2006-5 to fund the on-going
operation and maintenance of the new parks, parkways, open space and public
storm drains constructed within the development and federal NPDES
requirements to offset the annual negative fiscal impacts of the project.
Applicant shall make a four thousand two hundred dollar ($4,200) non-
refundable deposit to cover the cost of the annexation process. Contact Dennis
Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-
assoc. com.
58. Annex into LLMD No. I
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. I to offset the annual
City Council Approved
2/13/07
negative fiscal impacts of the project on public right-of-way landscaped areas
and neighborhood parks 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 danderson@harris-assoc.com.
ENGINEERING DIVISION
60.The applicant shall dedicate full half width street right-of-way such that the
centerline of Malaga Road to property line measures 50-feet. If the dedication
exists, provide documentation identifying the dedication such as a current title
report.
61.The applicant shall comply with the City's National Pollution Discharge
Elimination System permit.
62.1n 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.
63.The applicant shall pay all fees including the most current Traffic Improvement
Fund (TIF), area drainage fee and Transportation Uniform Mitigation Fee
(TUMF) as applicable.
64.All street and alley improvement plans and specifications shall be prepared by a
Calif. Registered Civil Engineer. All Improvements shall be designed and
constructed to Riverside County Road Department Standards, latest edition, and
City Codes (LEMC 12.04 and 16.34).
65.1f the existing street improvements are to be modified, the existing street plans
on file shall be modified accordingly and approved by the City Engineer prior
to issuance of building permit. An encroachment permit will be required to do
the work.
City Couilcil Approved
2T3/()7
66.All work done under an encroachment permit for off-site improvements shall be
delineated on a street improvement plan and submitted with the encroachment
permit application.
67. The applicant shall pay all fees and meet requirements of an encroachment
permit issued by the Engineering Division for construction of off-site public
works improvements (LEMC12.08, Res.83-78). All fees and requirements for
an encroachment permit shall be fulfilled before Certificate of Occupancy.
68. The applicant shall obtain all necessary off-site easements for off-site grading
or drainage from the adjacent property owners prior to grading permit issuance.
69.The applicant shall apply and obtain a grading permit with appropriate security
prior to building permit issuance. A grading plan signed and stamped by a Calif.
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.
70. The applicant to provide erosion control measures as part of their grading
plan. The applicant shall 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 Plan.
71.All 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.
72. The applicant is to provide fire protection facilities as required in writing by
Riverside County Fire.
73.All on-site 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.
City Council Appru\ccl
2/! 3'07
74.All natural drainage traversing the site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City Engineer.
75.All roof and yard drains will not be allowed to outlet through cuts in the street
curb.
76.All roofs should drain to a landscaped area whenever feasible.
77.The applicant shall meet all requirements of LEMC 15.64 regarding flood
hazard regulations.
78.The applicant shall obtain approval from Santa Ana Regional Water Quality
Control Board for their storm water 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.
79.All 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 Plan.
80.The applicant shall provide BMP's that will reduce storm water pollutants
from parking areas and driveway aisles.
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
81. Water and sewer is available to the project, the applicant shall contact the
Elsinore Valley Municipal Water District (EVMWD) for a 'will serve' letter
for additional sewer and water connection fees.
RIVERSIDE COUNTY FIRE DEPARTMENT
82. Please refer to the attached Riverside County Fire Department Conditions of
City C'oul1ci I Approved
2/13/07
. '
Approval.
City Council Approved
2/13107