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HomeMy WebLinkAboutCC Reso No 2007-034RESOLUTION NO. 2007-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-O1 FOR THE LAKESHORE PLAZA SHOPPING CENTER COMPLEX WHEREAS, Sean Scully, WD Partners, has initiated proceedings far Commercial Design Review No. 2006-01 far the design and construction of a 17,272 square-foot Rite Aid drug store and a 6,105 square foot retail strip building located at the northeast corner of Lakeshare Drive and Machado Street, APN 379- 241-057 & 058; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on March 6, 2007 made its repart upon the desirability and made its recommendation in favor of the project by adopting Planning Commission Resolution No. 2007-40 Recommending to the City Council approval of Commercial Design Review No. 2006-01; and WHEREAS, public notice of said application 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 March 13, 2007. 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 project prior to making a decision to approve Commercial Design Review No. 2006-O1. The City Council finds and determines that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to (Public Resources Code Secrions 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 Class 32 categorical exemption for in-fill development projects. Specifically, the City Council finds that the Project: 1. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. 2. Will occur within the Ciry limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. CITY COUNCIL RESOLUTION NO. 2007-34 PAGE 2 OF 4 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 2. 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 the Commercial Design Review No. 2006-O1: 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 Commercial Design Review complies with the goals and objectives of the General Plan in that the approval of this shopping center project will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses and the project will serve to greater diversify and expand Lake Elsinore's economic base. Moreover, public convenience and necessity would be served by the request to allow off-sale general alcohol sales at the subject property given that there are no other drug store/pharmacy uses within the vicinity of the subject property. Furthermore, the general sale of alcohol is ancillary to both the general retail and pharmacy operations and will create little or no impact to the surrounding residential neighborhood. Therefore, it will serve public convenience and necessity to allow the requested alcoholic beverage establishment. 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 Commercial Design Review is appropriate to the site and surrounding developments in that the shopping center 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 CITY COUNCIL RESOLUTION NO. 2007-34 PAGE 3 OF 4 addition, safe and efficient circulation has been achieved onsite. Further, the project, as proposed, 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"Mediterranean " architectural design with various elements which serve to enhance the buildings within the shopping center. Moreover, a variety of materials and colors are proposed including architectural stone accents and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA pursuant to a Class 32 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the pharmacy 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 subject project to ensure development of the property in accardance 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. 2007-34 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 13th day of March 2007, by the following vote: AYES: COLTNCILMEMBERS: Ruckley, xickman, xelley Schiffner., Magee NOES: COUNCILMEMBERS: tvone ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: City of Lake AT , ST• r ('.~z.~,~.e ~r~~ Michelle Soto, Interim City Clerk City of Lake Elsinore City Attorney City of Lake CONDITIONAL USE PERMIT NO. 2006-01, COMMERCIAL DESIGN REVIEW NO. 2006-01 AND UNIFORM SIGN PROGRAM NO. 2007-01 FOR "LAKE SHORE PLAZA SHOPPING CENTER" 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 commercial project attached hereto. 2. 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 $64.00.00 to enable the City to file the Notice of Exemption. Said filing fee shall be provided to the City within 48 hours of project approval. 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. 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 City Council Approved March 13,2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-01, COMMERICAL DESIGN REVIEW NO. 2006-02 & UNIFORM SIGN PROGRAM NO. 2007-01 Page 2 of 15 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. 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 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. 9. The applicant shall comply with all applicable City codes and ordinances. 10. A Security and Operation Plan reflecting items requested by the City Chief of Police as found in Exhibit J shall be submitted and approved prior to issuance of Certificate of Occupancy. The Rite-Aid establishment shall follow and abide by said security and operation measures and restrictions reflected in the Security and Operation Plan. Conditional Use Permit No. 2006-01: 11. 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. 12. 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. 13. 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 City Council Approved March 13, 2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-01, COMMERICAL DESIGN REVIEW NO. 2006-02 & UNIFORM SIGN PROGRAM NO. 2007-01 Page 3 of 15 structure which was the subject of this approval. 14. The hours of operation for the drive-thru pharmacy facility shall be limited to the hours of operation expressed within the Business Plan submitted. 15. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 16. Exterior security lighting shall be provided in association with the drive- thru pharmacy 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. 17. Necessary traffic circulation signage shall be erected onsite in association with the drive-thru pharmacy lanes and one-way drive aisle around the east side of the Rite-Aid building. Signage shall be reviewed by the Community Development Director or designee. Commercial Design Review No. 2006-01: 18. Approval for Commercial Design Review No. 2006-01 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 19. 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. 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. City Council Approved March 13, 2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-01, COMMERICAL DESIGN REVIEW NO. 2006-02 & UNIFORM SIGN PROGRAM NO. 2007-01 Page 4 of 15 21. 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 Community Development Director. 22. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 23. 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. 24. 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 and shall be reviewed and approved by the Director of Community Development or Designee. 25. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 26. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 27. No exterior roof ladders shall be permitted. 28. All exterior downspouts shall be concealed within the buildings. 29. 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: Field Color: Sherwin Williams, "Humble Gold" SW6380 City Council Approved March 13,2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-01, COMMERICAL DESIGN REVIEW NO. 2006-02 & UNIFORM SIGN PROGRAM NO. 2007-01 Page 5 of15 Field Color: Sherwin Williams, "Napery" SW386 Field Color: Sherwin Williams, "Nomadic Desert" SW6107 Accent Color: Sherwin Williams, "Steady Brown" SW611 0 Stone Veneer: Wainscot by Eldorado Stone: Manzanita Cliffstone Blend Storefront: Anodized Clear Aluminum 30. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 31. All 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. 32. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit: 33. A Lot Merger application shall be submitted and approved by the Engineering Department to combine the two existing lots onsite. 34. 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 I-foot candle of illumination is achieved throughout the onsite parking area. Moreover, the study shall demonstrate that a minimum of 5- foot candles is achieved at building entrances. 35. 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. City Council i\pproved March 13, 2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-01, COMMERICAL DESIGN REVIEW NO. 2006-02 & UNIFORM SIGN PROGRAM NO. 2007-01 Page 6 of 15 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 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. 1. 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 five parking spaces within the on site parking area. City Council /\pproved March 13,2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-01, COMMERICAL DESIGN REVIEW NO. 2006-02 & UNIFORM SIGN PROGRAM NO. 2007-01 Page 7 of 15 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. 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37. Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 38. Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 39. Prior to issuance of building permits, the applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. 40. Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. Uniform Sign Program No 2007-01: 41. The applicant shall apply for a sign permit and pay appropriate processing fees for any sign installed at the project site. 42. The two center identification monument signs on each side of the Lakeshore Avenue driveway shall be modified to include the City of Lake Elsinore logo prior to issuance of sign permits. City Council Approved March 13,2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-01, COMMERICAL DESIGN REVIEW NO. 2006-02 & UNIFORM SIGN PROGRAM NO. 2007-01 Page 8 of 15 43. The location, size, style, design, illumination and color for all signs shall comply with the Uniform Sign Program (Approved herein). Any additions or revisions to the Uniform Sign Program shall require Planning Division review and approval. 44. The Design Review approval for Uniform Sign Program No. 2007-01 for the project known as Lakeshore Plaza Shopping Center 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. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon change of ownership of the site. ENGINEERING DEPARTMENT General Requirements: 45. 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. 46. 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. 47. All 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. All manufactured slopes greater than 30 ft. in height shall be contoured. 48. An Encroachment Permit shall be obtained prior to any work on City right-of-way. City Council Approved March 13, 2007 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2006-01, COMMERICAL DESIGN REVIEW NO. 2006-02 & UNIFORM SIGN PROGRAM NO. 2007-01 Page 9 of 15 49. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 50. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 51. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 52. Provide fire protection facilities as required in writing by Riverside County Fire. 53. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, Railroad Canyon Benefit District Fees, and area drainage fees. 54. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 55. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 56. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yl" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 57. Slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association. 58. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner or property owner's association. City Council I\.pproved March 13, 2007