HomeMy WebLinkAboutCC Reso No 2007-044RESOLUTION NO. 2007-44
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING
COMMERCIAL DESIGN REVIEW NO. 2006-07 FOR THE
ADDITION OF TWO (2) ADDITIONAL GASOLINE
DISPENSERS AS WELL AS RELATED ON-SITE
IMPROVEMENTS FOR THE EXISTING ARCO (AM/P1Vn GAS
STATION AND CONVENIENCE STORE LOCATED AT 29355
CENTRAL AVENUE
WHEREAS, Precila Aqui, Tait & Associates, has initiated proceedings to
request the approval of Commercial Design Review No. 2006-07 for the
establishment of two (2) additional gasoline dispensers as well as related on-site
improvements far the existing Arco (AM/PM) gas station and convenience stare
located at 29355 Central Avenue (APN: 377-040-017) (the "ProjecY'); 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
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 approve the application. The City Council
finds that the Commercial Design Review satisfies all requirements set forth in
Chapter 17.82 of the Lake Elsinare Municipal Code.
SECTION 2. The City Council hereby finds and determines that the Project
is categorically exempt from the California Environmental Quality Act (Public
Resources Code §§ 21000 et seq.: "CEQA") and the Guidelines for
Implementation of CEQA (14 Califomia Code of Regulations §§ 15000 et seq.:
"CEQA Guidelines") pursuant to Section 15301 (Class 1) (Existing Facilities)
categorical exemption. Specifically, the City Council finds that the Project
involves negligible or no expansion of an existing use, per the following:
CITY COUNCIL RESOLUTION NO. 2007-44
PAGE 2 OF 4
1. Additions to exisring structures provided that the addirion will not result in
an increase of more than:
a. 50 percent of the floor area of the structures before the addition, or
2,500 square feet, whichever is less; or
(2) 10,000 square feet if:
(A) The project is in an area where all public services and facilities are
available to allow for maximum development permissible in the
General Plan and
(B) The area in which the project is located is not environmentally
sensitive.
SECTION 3. 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 Commercial Design Review 2006-01:
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.
Furthermore, the General Commercial General Plan designation is intended
to provide a wide range of retail and ser°vice activities including department
stores, restaurants, hotels, theaters, offices, and specialized services. The G
2(General Commercial) Zoning district is to reserve appropriate locations
consistent with the General Plan to accommodate a full range of retail
stores, offices, and personal and business service establishments offering
commodities and services scaled to meet of the residents of the entire City.
CITY COUNCIL RESOLUTION NO. 2007-44
PAGE 3 OF 4
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 Arco (AM/PM) renovation 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 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 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 Section 15301 (Class 1)(Existing Facilities) exemption, the Project was
reviewed and conditioned by all applicable City departments to ensure that
the Arco (AM/PM) gas station and convenience store 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 signif cant 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 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 2006-07.
CITY COLTNCIL RESOLUTION NO. 2007~4
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: COUNCILMEMBERS: suckley, xickman, xelley
Schiffner., Magee
NOES: COLTNCILMEMBERS: None
ABSENT: COLJNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
City of Lake Elsinore
AT ST:
~ G~~,~.e ~
Michelle Soto, Interim City Clerk
City of Lake Elsinore
AP ROVED TO
arbara Zei eibold, City Attorney
City of Lake Elsinore
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
PROJECT NAME:
CONDITIONAL USE PERMIT NO. 2006-10
AND COMMERCIAL DESIGN REVIEW NO.
2006-07 FOR TWO (2) NEW FUEL DISPENSERS
AND RELATED ON-SITE IMPROVEMENTS
FOR AN EXISTING ARCO (AM/PM) GAS
STATION AND CONVENIENCE STORE
LOCATED AT 29355 CENTRAL AVENUE (APN:
377 -040-017)
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 Conditional Use Permit and Commercial
Design Review for the existing Arco (AMlPM) gas station and
convenience store 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.
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007
5. The Applicant shall comply with all requirements of the City's Grading
Ordinance. All 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.
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 "Arco
(AM/PM)" landscape plan. Any proposed changes shall be subject to the
review and approval of the Director of Community Development or
designee.
10.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. In addition, the exterior wall colors of the trash
enclosure shall match the colors of the convenience store.
12. The applicant shall at all times comply with Section 17.78 (Noise
Control) of the Lake Elsinore Municipal Code.
13.The proposed decorative split-face block wall proposed on the northeast
property line shall incorporate the same color and block material as seen
throughout the existing "Lake Elsinore Marketplace" (Lowe's/Costco
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007
shopping center). Furthermore, the proposed wall shall have a decorative
cap incorporated onto it.
14.If a vapor extraction unit is required for the proposed project, the
applicant shall submit the location and screening methods to be
incorporated for review and approval to the Director of Community
Development or designee.
IS.Approval for Commercial Design Review No. 2006-07 and Conditional
Use Permit No. 2006-10 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
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.
I8.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 and architectural style of
the building.
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007
21. The applicant shall landscape and maintain the area between the building
and the north property line. All proposed landscaping shall be reflected
on the construction plans and shall include the same landscaping
materials used throughout the site.
22. The applicant shall landscape and maintain the area between the
proposed northwest rear decorative block wall and the property line. All
proposed landscaping shall be reflected on the construction plans and
shall include the same landscaping materials used throughout the site.
23.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.
24.Applicant shall comply with all ADA (Americans with Disabilities Act)
requirements.
25.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.
26.No additional exterior roof ladders shall be permitted. (Modified by the
City Council on March 20, 2007).
27.All exterior downspouts shall be concealed within the buildings.
28.Materials and colors depicted on the plans and materials board shall be
used unless approved by the Director of Community Development or
designee.
29.Parking stalls shall be double-striped with four-inch (4") lines two feet
(2') apart.
30.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.
31. On-site surface drainage shall not cross sidewalks.
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007
Prior to Issuance of Building/Grading Permit
32.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.
33.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.
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.
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007
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.
34.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.
35.Prior to issuance of building permits, the applicant shall provide
assurance that the Public Building Impact Fee has been paid.
36.Prior to issuance of building permits, the applicant shall provide
assurance that the Library Capital Improvement Fund fee has been paid.
37.Prior to issuance of building permits, the applicant shall provide
assurance that the Multiple Species Habitat Conservation Plan fees have
been paid.
Planning Commission Approved
March 20, 2007
City COWlcil Approved
March 27, 2007
38.Prior to issuance of building permits~ the applicant shall provide evidence
that all Riverside County Fire Department standards and requirements
have been complied with.
39.Prior to issuance of a building permit, the applicant shall provide
assurances to the Planning Division that all development fees have been
paid.
40.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.
41.Prior to the issuance of a building permit, the applicant shall submit
revised landscape plan indicating that the five (5) gallon "Lugustrom
Taxaum" be continues along the north property line until it reaches the
existing building.
42.Prior to the issuance of a building permit, the applicant shall submit a
revised site landscaping plan indicating that the proposed loading zone
location is consistent with all other submitted plans.
43.Prior to the issuance of a building permit, the applicant shall submit a
revised landscaping plan to be reviewed and approved by the Director of
Community Development or designee, indicating that the front-entry
planter beds include benning, minimum five (5) gallons shrubs, and
small palms.
ENGINEERING DEPARTMENT
General
44.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.
45.Prior to commencement of grading operations, the applicant is to provide
to the City a map of all proposed haul routes to be used for movement of
export material. All such routes shall be subject to the review and
approval of the City Engineer.
Planning Commission Approved
March 20, 2007
Gty Council Approved
March 27, 2007
46.All grading shall be done under the supervisiOn of a geotechnical
engineer and he/she 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.
47.An Encroachment Permit shall be obtained prior to any work on City or
State right-of-way.
48.Pavement and/or slab work on-site shall be inspected by the City's
engineering inspector.
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. All overhead utilities shall be underground.
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.If applicable, the applicant shall pay development fees, including but not
all inclusive: TUMF, MSHCP, TIF, and Area Drainage fees.
52.10 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 e~ceeded, drainage facilities shall be provided.
53.All slopes and landscaping within public right-of-way shall be
maintained by the property owner or property owner's association.
54.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.
55. The applicant shall provide BMP's that will reduce storm water
pollutants from parking areas and driveway aisles.
56. The City of Lake Elsinore has adopted ordinances for storm water
management and discharge control. In accordance with state and federal
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007
law, these local storm water ordinances prohibit the discharge of waste
into storm drain system or local surface waters. This includes non-storm
water discharges containing oil, grease, detergents, trash, or other waste
remains. Brochures of "Storm water Pollution, What You Should
Know" describing preventing measures are available at City Hall.
PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain
system, or waterways -without Regional Water Quality Control Board permit or
waver - is strictly prohibited by local ordinances and state and federal law.
57.The applicant shall dedicate 15'ofright-of-way along the project frontage
on Central Avenue (SR74).
58. The applicant shall reconstruct the driveway on Dexter Avenue, near the
intersection of Central A venue, such that the traffic movement allows for
right-in only. Adequate signing and traffic control devices shall be
provided to implement the right-in only movement.
59. 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 post construction,
which describes BMP's that will be implemented for the development
including maintenance responsibilities. The applicant shall submit the
SWPPP to the City for review and approval.
Prior to Issuance of Building Permit
60.All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC)
prior to building permit.
61. The applicant shall show that there are no structures, landscaping, or
equipment are located near the project entrance that minimizes sight
distance standards.
62. The applicant shall pay all Capital Improvement TIF and Master
Drainage Fees and Plan Check fees (LEMC 16.34).
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007
Prior to Occupancy
63. The applicant shall pay all fees and meet requirements of an
encroachment permit issued by the Engineering Division for construction
of public works improvements (LEMCI2.08, Res.83-78). All fees and
requirements for an encroachment permit shall be fulfilled before
Certificate of Occupancy.
64.All compaction reports and grade certifications shall be submitted to the
Engineering Division before final inspection of on-site improvements
will be scheduled and approved.
65.All public improvements and right-of-way dedication shall be completed
in accordance with the approved plans to the satisfaction of the City
Engineer.
66.All signing and striping and traffic control devices shall be installed.
67.All right-of-way dedication shall be completed and recorded.
68. TUMF fees shall be paid. The TUMF fees shall be the effective rate at
the time when the Certificate of Occupancy is obtained.
COMMUNITY SERVICES DEPARTMENT
69.The developer will be required to pay park fees of $0.10 per square-foot
for all interior commercial/industrial space.
70. The developer is to comply with all NPDES storm water requirements.
71. The developer is to maintain all exterior walls and landscaping.
72. 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.
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007
ADMINISTRATIVE SERVICES DEPARTMENT
Annex into CFD 2006-5
73.Prior to the issuance of a building permit, 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. The applicant shall make a four-thousand two hundred dollar
($4,200) non-refundable deposit to cover the costs of the annexation
process. Please contact Dennis Anderson, Harris & Associates at (949)
655-3900 x 334 or danderson@harris-assoc.com.
Annex into LLMD No.1
71.Prior to the issuance of a building permit, the applicant shall annex into
the Lighting and Landscape 11aintenance District No. I to offset the
annual 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 'lIhich the City will pay
for electricity and a maintenance fee to Southern California Edison. The
applicant shall make a four thousand se'len hundred dollar ($1,700) non
refundable deposit to cover the cost of the annexation process. Please
contact Dennis p..nderson, Harris & Associates at (919) 655 3900 x 334
or danderson@harris aSSOC.COffi. (Condition #74 was deleted by the City
Council on 3/27/200)
Planning Commission Approved
March 20, 2007
City Council Approved
March 27, 2007