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HomeMy WebLinkAboutCC Reso No 2007-164RESOLUTION NO. 2007-164 RESOLUTION OF THE CITY COUNCIL OF TFIE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONIlVI~RCIAL DESIGN REVIEW NO. 2007-11 FOR THE ESTABLISHIVIENT OF A RETAIL "SHELL" BUILDING AND RESTAURANT BiTILDING WITH ASSOCIATED DRIVE-THROUGH LOCATED AT 29541 COLLIER AVENUE WHEREAS, "Tarlos and Associates, has initiated proceedings for Commercial Design Review No. 2007-11 for the design and construction of a 4,000 square-foot "shell" retail and restaurant building with associated drive- through located on Pad "B" of the existing Lake Elsinore Square Shopping Center (the "Project"), which is generally located at the northwest corner of Central and Collier Avenues (APN: 377-060-016); and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on August 7, 2007 made its report upon the desirability of the proposed project and made its recommendations in favor of the project by adopting Planning Commission Resolution No. 2006-142 recommending to the City Council approval of Commercial Design Review No. 2007-11; and WI3EREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared docuxnents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency deternunes, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a CITY COUNCIL RESOLUTION NO. 2007-164 PAGE 2 OF 6 substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or altematives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigarion measure ar alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."; and WHEREAS, a Project Environmental Impact Report (State Clearinghouse No. 2004031090) was prepared and certified in 2004 for the Lake Elsinore Square Shopping Center and evaluated environmental impacts that would result from development of the shopping center, which included Pad "B," where the Project will be located; and CITY COUNCIL RESOLUTION NO. 2007-164 PAGE 3 OF 6 WHEREAS, the Project does not present substanrial changes or new information regarding the potential environmental impacts of development; and WHEREAS, notice of the Project has been given, and the City Council has considered the Planning Cominission's recommendation and evidence presented by the Community Development Deparhnent and other interested parties at a public meeting held with respect to this item on August 28, 2007. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERIVIINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Commercial Design Review No. 2007-11 and has found it consistent with the design standards set forth in section 17.48.130 of the Lake Elsinore Municipal Code ("LEMC") for the C-2 General Commercial District. SECTION 2. The City Council finds and deternunes that in accordance with CEQA Guidelines Section 15162, the Project does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Project were contemplated by the Lake Elsinore Square EIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Project. SECTION 3. That in accardance with LEMC Chapter 17.82, the City Council makes the following findings for the approval of Commercial Design Review 2007-11: 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 Project complies with the goals and objectives of the General Plan in that the approval of this "shell" retail and restaurant 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. The Project will serve to divers~ and expand Lake Elsinore's economic base. CITY COUNCIL RESOLUTION NO. 2007-164 PAGE 4 OF 6 The General Plan designation for the Project site is General Commercial. The primary purpose of areas designated General Commercial is to provide a wide range of retail and service activities including department stores, restaurants, hotels, theaters, offces, and specialized areas. General Commercial areas are intended to be of high quality design, are expected to be pedestrian oriented, and shall contain sufficient off-street parking. The zoning designation for the Project Site is G2 (General Commercial). The intent of the G2 District is to reserve appropriate locations, consistent with the General Plan, to accommodate a full range of retail stores, offices, personal and business services establishments offering commodities and services scaled to meet the needs of residents of the entire City. 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 proposed "shell" retail and restaurant building is appropriate to the Project Site and surrounding developments taking into account 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. The Project will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed development and ezisting projects in that the applicant is providing a"Timeless Contemporary" 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 and slate tile 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. The Project was reviewed and conditioned by all applicable City departments to ensure that the "shell" retail and restaurant building blends into existing development, creates the least amount of disturbance, and does CITY COITNCIL RESOLUTION NO. 2007-164 PAGE 5 OF 6 not negatively impact the residents or businesses of Lake Elsinore. The Project will not result in any significant adverse environmental impacts. 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. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the City Council on August 28, 2007. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the Project, the City Council hereby approves Commercial Design Review 2007-11. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 28th day of August, 2007, by the following vote: AYES: COLTNCILMEMBERS: Daryl Hickman, Genie Kelley, Robert Schiffner., Mayor Robert Magee NOES: COiJNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Thomas suckley ABSTAIN: COUNCILMEMBERS: None ~obert Magee, City of Lake E AT ! ST~ ,~ n ~ .~ v~-r~v Mic elle Soto, Interim City Clerk CITY COUNCIL RESOLUTION NO. 2007-164 PAGE 6 OF 6 APPROVED AS TO FORM: . il V ~Ju~~ Barbara Zeid Leibold, City~ City of Lake Elsinore CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007-11; AND COMMERCIAL DESIGN REVIEW NO. 2007-08; FOR THE PROPOSED SHELL BUILDING TO INCLUDE A RETAIL "SHELL" BUILDING AND FAST FOOD RESTAURANT WITH A DRIVE THROUGH LOCATED AT 29541 CENTRAL AVENUE (APN'S: 377-060-016) 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, and Conditional Use Permit (Lake Elsinore Square Pad 'B') 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 August 7, 2007 City Council August 28, 2007 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 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. The applicant shall extend the building entrances (along the north elevation) approximately seven feet (7'), to the edge of the parking lot, to create a covered pedestrian entrance, subject to the approval of the Director of Community Development or designee. 10. The applicant shall provide a low screen wall with decorative cap located along the drive-thru lane. Said wall shall match the color and materials of existing walls within the Lake Elsinore Square Shopping Center, subject to the approval of the Director of Community Development or designee. II.All landscaping shall be installed as indicated on the proposed "Preliminary Landscape" plan. Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 12.The split-face block to be used for the proposed trash enclosure shall match the color of all other split-face block on-site and within the Lake Elsinore Square Shopping Center. Planning Commission August 7, 2007 City Council August 28, 2007 I3.All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. Conditional Use Permit No. 2007-11 I4.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. I5.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. 16. 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. I7.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. I8.Necessary traffic circulation signage shall be erected onsite in association with the drive-thru lane. Signage shall be reviewed by the Director of Community Development or designee. Commercial Design Review No. 2007-11 2I.Approval for Commercial Design Review No. 2007-11 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 22.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. Planning Commission August 7, 2007 City Council August 28, 2007 23.No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certi:ficate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 24.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. 25.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. 26.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. 27.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. 28.Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 29. 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. 30.No exterior roof ladders shall be permitted. 31.All exterior downspouts shall be concealed within the buildings. 32.Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee. Planning Commission August 7, 2007 City Council August 28, 2007 33.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 34.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. 35. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit 36.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. 37.Three (3) sets of the Final LandscapingfIrrigation 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"). Planning Commission August 7, 2007 City Council August 28, 2007 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 on site 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 I 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. 38.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. 39.Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. Planning Commission August 7, 2007 City Council August 28,2007 40.Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 41.Prior to issuance of building permits, the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid. 42.Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. 43.Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid. ENGINEERING DIVISION General Requirements: 51.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. 52.All grading shall be done under the supervISIOn of a geotechnical engineer and all slopes steeper than 2 to 1 for stability and proper erosion control shall be certified. 53.An Encroachment Permit shall be obtained prior to any work on City or State right-of-way. 54. The applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, and area drainage fees. 55.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Planning Commission August 7, 2007 City Council August 28, 2007 56.1n 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. 57.All on-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 58.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. 59.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 60. The applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 61.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. (Required for lot of one acre or more) 62.The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more). 63. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm Planning Commission August 7, 2007 City Council August 28, 2007 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. Prior to Issuance of a Grading Permit 64. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer 65.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 66. The applicant shall submit a WQMP for approval by the City Engineer. 67.If an applicable, construction project access and hauling route shall be submitted and approved by the City Engineer. 68. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69.The applicant shall obtain and/or provide necessary reciprocal easements for access, parking, and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 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 meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 71. 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 Planning Commission August 7, 2007 City Council August 28, 2007 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 72.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. 73.The 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. Submit this letter prior to applying for a building permit. 74. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 75. The applicant shall pay all Capital Improvement TIF, and Master Drainage Fees and Plan Check fees (LEMC 16.34). 76. The applicant shall pay fair share of the cost of constructing the median improvements on Collier Avenue, from Hunco Way to Central Avenue. The cost of median improvements shall be based on an Engineer's Estimate approved by the City Engineer. Note: A temporary median delineators on Collier Avenue shall be installed prior to occupancy. 77.All plans for signing and striping and traffic control devices on-site shall be approved. Prior to Occupancy 78. The applicant 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. Planning Commission August 7, 2007 City Council August 28, 2007 79.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 80.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 8l.All water and sewer improvements shall be completed in accordance with Water District requirements. 82. The applicant shall provide proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 83. All 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 88. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. 89.Developer shall participate in the City-wide Landscape and Lighting Maintenance District. 90.Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 91. The Developer is to maintain all common landscaped areas. RIVERSIDE COUNTY FIRE DEPARTMENT 92.The applicant shall comply with all Riverside County Fire Departments requirements and standards. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 93. The applicant shall request a "will serve" letter from the Elsinore Valley Municipal Water District Planning Commission August 7, 2007 City Council August 28, 2007