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HomeMy WebLinkAboutCC Reso No 2007-038RESOLUTION NO. 2007-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-14 FOR THE INSTALLATION OF A SOIL AND GROUNDWATER REMEDIATION SYSTEM AT AN EXISTING SERVICE STATION LOCATED AT 515 N. MAIN STREET. WHEREAS, Curtis Conner, SECOR, has initiated proceedings for Commercial Design Review No. 2006-14 for the design and construction of a soil and groundwater remediation system within an existing 76 Service Station located at 515 N. Main Street (the "Commercial Design Review"); and WHEREA5, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approval of commercial design review applications; and WHEREAS, at a duly noticed public hearing held on March 27, 2007, the City Council considered evidence presented by the Community Development Deparhnent 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 Lalce Elsinore 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. The Project complies with the goals and objectives of the General Plan in that it complies with the goals and objectives of the Public Safety Element of the General Plan, in that the aar remediation system will serve to reduce the volume and hazard assocaated with existing ground water contamination at a gasoline dispensing site and its potential adverse affects on groundwater and lake water quality. CITY COUNCIL RESOLUTION NO. 2007-38 PAGE 2 OF 3 The zoning designation for the Project Site is TC (Tourist Commercial). The intent of the Tourist Commercial District is to create a`gateway" to Main Street while maintaining desirable commercial development characteristics. The Tourist Commercial architectural and site planning standards encourages that equipment be stored inside an enclosed building or behind a visual barrier, which is being achieved with the incorporation of the block wall enclosure that is proposed for the soil and groundwater remediation system. 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 soil remediation system and enclosure is appropriate to the Project Site and surrounding developments taking into account size and shape of the property. Suff cient setbacks and a location to the rear of the subject property has been provided as well as maintaining safe and efficient circulation for the gas station site. The Project will not impact the quality of existing development and will create a non-detractive relationship between the proposed development and existing projects in that the applicant is providing proper screening for the proposed soil remediation system and related equipment, which will be removed within 36 months of installation. 3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorparated into the approval of the project to ensure development of the property in accordance with the objectives of Chapter 17.82. The Project was reviewed and conditioned by all applicable City departments to ensure that the soil and groundwater remediation system 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 result in any signif cant adverse environmental impacts. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2007-38 PAGE 3 OF 3 PASSED, APPROVED AND ADOPTED this 27th day of March 2007, by the following vote: AYES: COiTNCILMEMBERS: xu~kiey, Hickman, Kelley Schiffner, Magee NOES: COLJNCILMEMBERS: None ABSENT: COLJNCILMEMBERS: None ABSTAIN: COLJNCILMEMBERS: Non ~ ~ City of Lake AT T: ~ Michelle Soto, Interim City Clerk City of Lake Elsinore AP OVED T ~ bara Zei eibold, City Attomey City of Lake Elsinore CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: COMMERCIAL DESIGN REVIEW NO. 2006-14; FOR THE PROPOSED SOIL AND GROUNDWATER REMEDIATION SYSTEM LOCATED AT 515 N. MAIN STREET (APN: 377- 242-021) 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 Design Review project attached hereto. 2. 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 at (951) 674-3124. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. 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. 5. 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 C:OLli-l:.:il f\ L~ ~_.,~ \1 27, Z!).}7 be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 6. 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. 7. The proposed location of any onsite construction trailers shall be approved by the Director of Community Development 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 Director of Community Development or designee. 8. Vine pockets or other types of landscaping shall be provided for the exterior walls of the enclosure. This area shall be irrigated and maintained in good condition. Final landscaping materials shall be approved by the Community Development Director prior to installation. The applicant shall comply with all applicable City codes and ordinances 9. All planters and landscaping areas shall be maintained in good condition at all times. Any dead plants or missing landscaping shall be replaced. 10. Any graffiti on the property shall be removed within 72 hours. 11. All sections of the enclosure, including doors, shall be kept in good condition at all times. Any portion of damaged wall or doors shall be promptly replaced/repaired. 12. A noise study, completed by a licensed acoustical engineer, shall be prepared once the equipment is in place. This noise study shall indicate that the installed equipment will not exceed an ambient noise level of 55dbA as measured from adjacent residential properties. The operating equipment shall be in full compliance with the LEMC Noise Ordinance at all times. If the equipment exceeds the ambient noise level of 55 dbA at any time onto residential properties, then the equipment shall be immediately shut down and noise mitigation measures shall be submitted to the Community Development Department for review and approval )7 prior to resuming operation. l3.Permits/approvals from other agencies, including but not limited to, Southern California Edison, The Gas Company, Air Quality Management District, and the Water Quality Control Board, shall be obtained prior to final building permits being issued. 14. The soil and groundwater remediation system, including all components and the enclosure shall be removed within 60 days of discontinuation of its use or no later than three (3) years from the date of installation (final building approval) of the system. The site shall be restored to its original, pre-remediation condition. The applicant shall provide the City a notice of intent to vacate 30 days prior to system removal. 15. If the remediation is not complete within the three (3) year period, the Community Development Director or his/her designee can grant a one- year extension. A second one-year extension will require Planning Commission approval. Commercial Design Review No. 2006-14 l6.Approval for Commercial Design Review No. 2006-14 will lapse and be void unless building permits are issued within one (1) year following the date of approval. .. l7.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. I8.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. 19.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved !\ 1\!J:"ch 27, 2C:)7 site plans or building elevations shall be subject to the review of the Director of Community Development. 20.Plan Check shall conform to the submitted plans as modified by Conditions of Approval or by the Planning Commission and/or City Council through subsequent actions. 21.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. 22.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. 23.Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 24.Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee. The color of the oxidizer stack shall match that of the block enclosure. ENGINEERING DIVISION General Requirements: 25. Comply with the Riverside County permit for Clean Water Runoff including processing a Storm Water Pollution Prevention Plan through the City. 26. Provide a traffic control plan for the construction of Monitoring Well-4 located within the Main Street right-of-way. The traffic control plan shall be approved by the Engineering Division prior to issuance of the required encroachment permit. 27. Pavement repair for the monitoring well installation shall comply with the street standards for the City of Lake Elsinore. 28. Materials removed from the construction or monitoring of the wells shall be disposed of in a manner consistent with Riverside County Hazardous Materials regulations and under the supervision of Riverside County and City of Lake Elsinore Public Works Inspections. 29. Provide faithful performance and labor and materials securities for the street repair work. Securities shall be provided prior to issuance of the encroachment permit. 30. Conduct a preconstruction meeting including City of Lake Elsinore inspection staff prior to the commencement of work.