HomeMy WebLinkAboutCC Reso No 2007-040RESOLUTION NO. 2007-40
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
COMMERCIAL DESIGN REVIEW NO. 2006-16
WHEREAS, Fagan Consulting Services, has initiated proceedings for
Commercial Design Review No. 2006-16 for the design and consriuction of a
10,404 square-foot professional medical building that will be divided into five (5)
individual suites with each having an approximate square-footage of 2,054 square-
feet. The proposed project is generally located 825-feet south of the Lakeshore
Drive and 2-feet east of Diamond Drive at 290 S. Diamond Drive (APN: 363-162-
040) (the "Project"); and
WHEREAS, the City Council of the City of Lake Elsinore has been
delegated with the responsibility of approving commercial design review
applications; and
WHEREAS, on March 27, 2007, at a duly noticed public hearing, the City
Council considered evidence presented by the Community Development
Department and other interested parties with respect to this item.
NOW, THEREFORE, THE CTTY 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 approving the application. The City Council finds that the
Commercial Design Review satisfies all requirements set forth in Chapter 17.82 of
the Lake Elsinore Municipal Code.
SECTION 2. The City Council hereby finds and deternunes that the Project
is categorically exempt from the California Environmental Quality Act (Public
Resources Code Sections 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:
L 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.
CITY COUNCIL RESOLUTION NO. 2007-40
PAGE 2 OF 4
2. Will occur within the City limits. The Project Site is less than (5) acres and
is substantially surrounded by urban uses.
3. The Project Site has no value as habitat far 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 3. That in accordance with State Planning and Zoning Law and
the Lake Elsinare Municipal Code, the City Council makes the following findings
far the approval of Commercial Design Review 2006-16:
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 professional medical building
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 gz•eater diversify and
expand Lake Elsinore's economic base.
The General Plan designation for the project site is East Lake Specific Plan.
The East Lake Specific Plan is intended to provide a range of housing types,
tourist-oraented uses, regional and local recreational uses, including private
air-sport activities.
The Zoning designation for the project site is also East Lake Specific Plan;
however, the subject property is located within the General Commercial
land use area of the East Lake Specific Plan. The General Commercial land
use area of the East Lake Specific Plan is intended to provide for a wide
range of retail services, offices, personal and business services
establishments.
CITY COiTNCIL RESOLUTION NO. 2007-40
PAGE 3 OF 4
The Project complies with the design direcrives 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 professional medical building 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 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 elements of "Contemporary Mediterranean "
architectural design with various elements which serve to enhance the
building. Moreover, a variety of materials and colors are proposed
including architectural stone accents and a variety of colors that serve to
blend with surrounding developments and provide evidence of a concern for
quality and originality.
2. Subject to the attached conditions of approval, the 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 professional medical building
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.
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 4. Based upon all of the evidence presented, the above findings,
and the conditions of approval imposed upon the Project, the City Council hereby
approves Commercial Design Review 2006-16.
CITY COUNCIL RESOLUTION NO. 2007-40
PAGE 4 OF 4
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 27th day of March 2007, by
the following vote:
AYES: COL)NCILMEMBERS: Buckley, Hickman, xelley
Schiffner, Magee
NOES: COLTNCILMEMBERS: None
ABSENT: COIJNCILMEMBERS: None
ABSTAIN: COLJNCILMEMBERS: tvone
r ~ ~
obert E. Magee, M
City of Lake Elsin~
ATT T:
C~~P.C~~ ~~:~
Michelle Soto, Interim City Clerk
City of Lake Elsinore
AP OVED TO RM•
~
arbara Zei eibold, City Attorney
City of Lake Elsinore
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
PROJECT NAME:
COMMERCIAL DESIGN REVIEW NO. 2006-16
FOR THE PROPOSED PROFESSIONAL
MEDICAL OFFICES LOCATED 290 S.
DIAMOND DRIVE (APN: 363-162-040)
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 for the
proposed professional medical building 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
be provided thirty (30) days after the site's rough grading, as approved by
City Council Appt-o':~cl
lvbt'ch 27, 2007
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 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. The applicant shall comply with all applicable City codes and ordinances.
9. All landscaping shall be installed as indicated on the proposed "Diamond
Professional Plaza preliminary landscape" plan. Any proposed changes
shall be subject to the review and approval of the Director of Community
Development or designee.
IO.All proposed landscaping shall be installed and an automatic irrigation
shall be fully operational, prior to the issuance of a certificate of
occupancy.
11. The color of the trash enclosure gates shall match the color selected for
the trash enclosure roof.
12. The applicant shall at all times comply with Section 17.78 (Noise
Control) of the Lake Elsinore Municipal Code.
13.The proposed Bio-retention basin located within the required front-yard
setback shall be fully landscaped and reflect the approved landscape plan.
15.ApprovaI for Commercial Design Review No. 2006-16 will lapse and be
void unless building permits are issued within one (1) year following the
date of approval.
16.Any alteration or expansion of a project for which there has been a
"Design Review" approval as well as all applications for modification or
City Council ApPl-C)\cd
Nbrch 27, ZeC7
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.
17.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.
18.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
Director of Community Development.
19.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.
20.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.
21.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.
22.Applicant shall comply with all ADA (Americans with Disabilities Act)
requirements.
23.Trash enclosures shall be constructed per City standards as approved by
the Director of Community Development or Designee prior to issuance of
Certificate of Occupancy.
24.No exterior roof ladders shall be permitted.
25.All exterior downspouts shall be concealed within the buildings.
City Council
i'vbrch 27, 2007
26.Materials and colors depicted on the plans and materials board shall be
used unless approved by the Director of Community Development or
designee.
27.Parking stalls shall be double-striped with four-inch (4") lines two feet
(2') apart.
28.All exposed slopes in excess of three feet (3') in height shall have
permanent irrigation system and installed as approved by the Planning
Division, prior to the issuance of a certificate of occupancy.
29.0n-site surface drainage shall not cross sidewalks.
30. The applicant will be responsible for installing landscaping and
maintaining the thirty-foot (30') dedication along Diamond Drive.
Prior to Issuance of Building/Grading Permit
31.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. Furthermore, the photometric study shall indicate
that the proposed candle illumination does not exceed I-foot at property
lines.
32.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 final landscape approval.
a. 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.
Ctty Councll
r,bcch 27, n)7
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 one year 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 the Director of Community
Development 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 onsite parking area.
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.
C~icy C~OUl1Cit
Mm.:h ~7, 2}J7
33.Prior to issuance of building permits, applicant shall provide assurance
that any/all required fees to the Lake Elsinore Unified School District
have been paid.
34.Prior to issuance of building permits, the applicant shall provide
assurance that the Public Building Impact Fee has been paid.
35.Prior to issuance of building permits, the applicant shall provide
assurance that the Library Capital Improvement Fund fee has been paid.
36.Prior to issuance of building permits, the applicant shall provide
assurance that the Multiple Species Habitat Conservation Plan fees have
been paid.
37.Prior to issuance of building permits, the applicant shall provide evidence
that all Riverside County Fire Department standards and requirements
have been complied with.
38.Prior to issuance of a building permit, the applicant shall provide
assurances to the Planning Division that all development fees have been
paid.
39.Prior to the issuance of a building permit, the applicant shall a revise the
grading plan indicating that the rear property retaining wall has a
decorative cap incorporated on top of the proposed wall.
40.Prior to the issuance of a building permit, the applicant shall submit a
revised site plan indicating that the decorative stamped concrete is
relocated out if the dedicated public right-of-way.
41.Prior to the issuance of a building permit, the applicant shall submit a
'will serve' letter from the applicable water agency stating that all water
and sewer arrangement have been made.
42.Prior to the issuance of a building permit, the applicant shall have an
approved Uniform Sign Program for the Diamond Professional Plaza on
file with the Community Development Department.
C~oLLncil
:\L\:-c-lJ 27, 2CY)7
43. Prior to the issuance of a grading permit, and within thirty (30) days of
the issuance, a pre-construction survey for Burrowing Owls shall be
conducted on the project site and the adjacent parcel where Burrowing
Owls have recently been sited. (Condition #43 added by the City Council
on 3/27/07).
ENGINEERING DEPARTMENT
General
44.All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to final map approval.
45.The applicant shall pay all Capital Improvement and Plan Check fees
(LEMC 16.34, Resolution 85-26).
46. The applicant shall 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 and specify the technical
data for the water service at the location, such as water pressure and
volume etc. The applicant shall submit this letter prior to applying for a
building permit.
47.All 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.
48. The applicant shall provide, in writing, approval of fire protection access
and facilities as required by Riverside County Fire Department.
49. The applicant shall pay all fees and meet requirements of encroachment
permit issued by the City of Lake Elsinore Engineering Division for
construction of public works improvements (LEMC 12.08 and
Resolution 83-78).
50.All compaction reports, grade certifications (with tie notes delineated on
8 1/2" xlI Mylar) shall be submitted to the Engineering Division before
final inspection of public works improvements will be scheduled and
approved.
elty Council
ivbrch 27. MJ7
5l.All utilities except electrical over 12 kv shall be placed underground, as
approved by the serving utility.
52.All improvement plans shall be digitized. Prior to approval of
improvement plans by the City Engineer, the applicant shall submit
digitized files compatible with the City's Arc Info/GIS or pay $1000 per
sheet for city to digitize.
Grading
53. The developer shall obtain all necessary off-site easements for off-site
grading from the adjacent property owners prior to issuance of Grading
Permit.
54. The applicant shall apply and obtain a grading permit with appropriate
security prior to any grading activity.
55.A grading plan stamped/signed by a California Registered Civil Engineer
is required if the grading exceeds 50 cubic yards and the existing flow
pattern is substantially modified as determined by the City Engineer. The
grading plan shall show volumes of cut and fill, adequate counters and/or
spot elevations of the existing ground as surveyed by a licensed surveyor
or civil engineer. All contours shall extend to minimum of 15 feet beyond
property lines to indicate existing drainage pattern. The applicant shall
apply and obtain a grading permit with appropriate security prior to
grading permit issuance.
56. The applicant shall provide soils; geology and seismic report, as part of
this report address the requirement of the Alquist-Priolo Earthquake Fault
Zoning Act. The applicant shall provide final soils report showing
compliance with recommendations.
57.In 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.
City COllflCil
r,Lll-~'h 27, 2()J7
58. The applicant is to provide erosion control measures as part of their
grading plan. The applicant shall contribute to protection of storm water
quality and meet the goals of the BMP in Supplement "A" in the
Riverside County NPDES Drainage Area Management Plan.
59.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.
Drainage
60.All natural drainage traversing site shall be conveyed through the site, or
shall be collected and conveyed by a method approved by the City
Engineer.
61. The applicant is to submit Hydrology and Hydraulic Reports per
Riverside County Flood Control District for review and approval by City
Engineer. The developer shall mitigate any flooding and/or erosion
caused by development of site and diversion of drainage.
62.All drainage facilities in this project shall be constructed according to
Riverside County Flood Control District Standards.
63.All storm drain inlet facilities shall be appropriately stenciled to prevent
illegally dumping in the drain system, the wording and stencil shall be
approved by the City Engineer.
64. The applicant shall provide the city with proof of his having filed a
Notice of Intent with the Regional Water Quality Control Board for the
National Pollutant Discharge Elimination System (NPDES) program with
a storm water pollution prevention plan prior to issuance of grading
permits. The applicant shall provide a SWPPP for construction period
and a project-specific WQMP for post construction including its
maintenance implementation. The project-specific WQMP shall
demonstrate that discharge flow rates, velocities, duration, and volume,
for the post construction condition, from a -2-year and lO-year, 24-hour
rainfall event will not cause significant adverse impacts on downstream
erosion and receiving waters, or measures are implemented to mitigate
significant adverse impacts to downstream public facilities and water
bodies.
City Council Appwved
[vLw.:h 27, 2007
65.The developer shall use Site Design BMPs such as minimizing
impervious areas, maximizing permeability, minimizing directly
connected impervious areas, creating reduced or "zero discharge areas,
and conserving natural areas, and allow runoff to sheet-flow through
landscaped swales or natural drainage channels.
66.The developer shall provide first flush BMP's using the best available
technology that will reduce storm water pollutants prior to entering into
outside street drainage facilities (MS4).
67.The project-specific WQMP shall provide measures to mlmmlze the
impact from the Pollutants of Concern and Hydrologic Conditions of
Concern identified for the Project. Where Pollutants of Concern include
pollutants that are listed as causing or contributing to impairments of
Receiving Waters, BMPs must be selected so that the project does not
cause or contribute to an exceedance of water quality objectives. The
WQMP shall incorporate the applicable Source Control, and treatment
Control BMPs as described in the Santa Ana River Region WQMP and
provide information regarding design considerations, and the long-term
operation and maintenance requirements for BMPs requiring long-term
maintenance, as well as the mechanism for funding the long-term
operation and maintenance of the BMPs requiring long-term
maintenance.
68.Prior to issuance of any building or grading permits, the property owner
shall record a "Covenant and Agreement" with the County-Clerk
Recorder to inform future property owners of the requirement to
implement the approved project-specific WQMP. The project applicant
shall cause the approved final project-specific WQMP to be incorporated
by reference or attached to the project's Storm Water Pollution
Prevention Plan as the Post-Construction Management Plan.
69.All education guidelines for Water Quality Management Practices
(WQMP) shall be provided to the tenants, operators and owners of the
businesses of the development, regarding the environmental awareness
on good housekeeping practices that contribute to protection of storm
water quality and meet the goals of the WQMP in the Riverside County
NPDES Drainage Area Management Plan.
C[cy Council
i\tJxch 27, 2007
70.Prior to building permit close-out or the issuance of a certificate of
occupancy or certificate of use, the applicant shall:
A- Demonstrate that all structural BMPs described in the project-specific
WQMP have been constructed and installed in conformance with
approved plans and specifications;
B- Demonstrate that applicant is prepared to implement all non-structural
BMPs described in the approved project-specific WQMP; and
C- Demonstrate that an adequate number of copies of the approved
project-specific WQMP are available for the future owners/occupants.
Dedication
71.The developer shall dedicate to the City a strip of 30' of right of way
along the Diamond Drive, for a total of 60' wide right of way from
centerline of the diamond Drive to the project property line.
StreetIEnproveEnents
72. The street shall be improved from property line to the existing curb
within the limits of the property's frontage on Diamond Drive. The
improvements shall include parkway landscaping as required by city
engmeer.
73.The developer shall pay in-lieu fee for future improvements of the
Diamond Drive. The fee shall be equal to current cost estimate for a 48'
wide roadway improvement from existing center line, plus half of a 14'
wide raised median, plus curb, gutter and sidewalk plus a 15% of the
total construction cost estimate for design and administrative cost. The
cost estimate shall be approved by the City staff.
FEES
74.The applicant shall pay all Capital Improvement and Plan Check fees
(LEMC 16.34). Pay Master Drainage Fee, prior to issuance of grading
permit and TIF and TUMF and Kangaroo Rat Fee fees prior to issuance
of building permit. The amount of fees shall be per schedule of fees in
effect at the time the payment is made.
Or)' COUDcil Appro'.-c:d
J\[,\cTh 27, 20D7
COMMUNITY SERVICES DEPARTMENT
75.The developer will be required to participate in the "Public Facility" fee
program.
76.The developer is to comply with all NPDES storm water requirements.
77.The developer is to participate in the City-wide LLMD. The developer is
to annex into LLMD District #1 for all exterior landscaping and is to be
maintained by the City.
78. The developer is to comply with all City Ordinances regarding
construction debris removal and recycling as per Section 8.32 of the Lake
Elsinore Municipal Code. Furthermore, the developer is to provide the
City with an inventory of all street signs, street markings, street trees and
total square-footage of all streets in a digital format acceptable to the
City.
79.All secondary access needs to be clearly defined as part of the
development.
80.The developer is to meet all City curb, gutter, and sidewalk requirements.
81. The City's landscape Architect is to review all landscape and/or irrigation
plans.
82. The proposed medical building is to comply with all Sharps Program
requirements.
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
83. Water is available top the project site. Before sewer is available, a line
extension must be constructed. Therefore, the applicant must request a
'will serve' letter from the Elsinore Valley Municipal Water District.
Cir./ Coun':ll
J\b.t-c:h 27, 2()J7
RIVERSIDE COUNTY FIRE DEPARTMENT
84. The applicant shall comply with all required conditions of approval as
provided by the Riverside County Fire Department (please see attached
Riverside County Fire Department Conditions of Approval).
City VJltr1cil A?l=H'o'ied
J\hdl 27, 2007