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HomeMy WebLinkAboutCC Reso No 2007-183RESOLUTION NO. 2007- ~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-12 FOR MISSION TRAIL SHOPPING CENTER BUILDING "G" WHEREAS, Sean Pourtemour of Miramar West LLC filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2007-12 for the design and construction of a 3,066 square-foot retail shell building with related improvements (the "Project") within the existing Mission Trail Shopping Center wmplex located at 31094, 31928 - 31948, 31592 & 31960 Mission Trail, APN's: 363-172-009, 010 and 022 (the "Property"); and WHEREAS, the Planning Commission of the City of Lake Eisinore at a regular meeting held.on October 2, 2007, made its report upon the desirability and made its recommendation in favor of the project by adopting a Planning Commission Resolution recommending to the City Councii approval of Commercial Design Review No. 2007-12; and WHEREAS, public notice of said application has been given, and the City Council has considered eyidence presented by the Community Development Department and other interested parties at a public hearing heid with respect to this item on October 23, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, 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 Elsinore Municipai Code. SECTION 2. The City Council hereby finds and determines that the Project is categorically exempt from the California Environmentai 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 seg.: "CEQA Guidelines") pursuant to a Ciass 32 categorical exemption for in-fill development projects. Specifically, the City Council finds that the Project: 1. Is consistent with the applicable general plan designation and all applicable general plan policies as weil as with applicable zoning designation and regulations as set forth herein below. 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantialiy surrounded by urban uses. 1 3. The Project Site currently consists of a paved parking area and has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not resuit 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 Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review 2007-12: The Project, as approved, will comply with the goais and objectives of the General Plan, Specific Plan .and the Zoning District in which the Project is located. The Projec~ complies with the goa/s and objectives of the Genera/ Plan because it will assist in achieving the deve%pment of a we/l balanced and functional mix of residential, commercial, indusfrial, open space, recreational, and institufional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the General Plan Urban Design Element and ail other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to fhe site and surrounding developments in that the retail shell building has been designed in consideration of the size and shape of the property. Su~cient setbacks and enhanced onsite landscaping have been provided thereby creafing interest and varying vistas as a person moves aiong abutting streets and within the center. In addition, safe and efficienf circulafion has been achieved onsite. The Project will compliment the quality of existing deve/opment and will create a visually pleasing, non-detractive re/ationship between the proposed development and exisfing projects through the use of architectural design fhat is similar fo existing buildings in fhe shopping cenfer. A variety of materials and colors are proposed including architecfural sfone accents and earth fone colors that blend with surrounding developments and provide evidence of a concem 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 facf that the Project is exempt from CEQA provisions pursuant to a C/ass 32 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure thaf the retail shell building blends info existing deve%pment, creates fhe least amount of disturbance, and does not negafively impact fhe residents or businesses of Lake Elsinore. The Project will not have a significant effect on fhe environmenf. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compiiance 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 Cbde, the Projecf has been scheduled for consideration and approval of the P/anning Commission on October 2, 2007. 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 2007-12. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. and adoption. PASSED, AP.PROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 23`~day of October 2007. ~ i 1 .~~`~ ~ RQBERT E. MAG~E MAYOR CITY OF LAKE ELSI ATTEST: ~.~..~.__ ~. ~.,o.._.... VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: ~ : r ~ Cl~-s BARBARA ZEID LEIBOLD CITY ATfORNEY 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Eisinore, California, hereby certify that Resolution No. 2oo~-is3 was ado~ted by the City Council of the City of Lake Elsinore at a regular meeting held on the 23 ° day of October 2007, and that the same was adopted by the following vote: AYES: MAYOR ROAERT E. MAGEE MAYOR PRO TEM DARYL HICKMAN COUNCILMEMBERS THOMAS BUCKLEY, GENIE KELLEY AND ROBERT SCHIFFNER NOES: NONE ABSTAIN: NoNE ABSENT: rroNE ~ ~ ~ M~ VIVIAN M. MUNSON CITY CLERK 4 CITY OF LAKE EL$INORE CONDITIONS OF APPROVAL PROJECT NAME: COMMERCIAL DESIGN REVIEW NO. 2007-12 FOR THE RROPOSED BUILDING "G" WITHIN THE EXISTING MISSION TRAIL $HOPPING CENTER LOCATED AT 31094,31928 - 31948, 31592 & 31960 (APN: 362-172-009, 010, & 022) PLANN/NG General Conditions The Applicant shall defe.nd (with counsel acceptable to the Ciry), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, actiqn, or proceeding against the City, its Officials, O~cers, Employees, or Agents to attach, set aside, void, or annul an approval of the Gity, its advisory agencies, appeal boards, or legislative body conceming the MSHCP Consistency Findings and/or Commercial Desigrr Review .No. 2007- 12 and any related determinations. 2. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Glerk in :the amount of $.64.00 tb enable the Gity to file the Notice of Exemption. Said filing fee shall be provided to the City within 48 hours of project apprqval. The applicant shall place a weatherproof 3' x 3' si,gn at the entrance to. the project site identifying the approved days and hours of construction acti4ity. and a statement tliat comp~aints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Pfan Check. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall retum the executed original to the Community Development Department fo~ inclusion in the case.records. 6. The Applicant shall c.omply with all requirements of the City's Grading Ordinance. Constructio~ 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. 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 constrvction activity shall o6cur on Saturdays, Sundays or legal holidays. 8. 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 shaU be required for any construction trailers placed on the site and used during. construction. Bonds wili 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: 9. The applicant shall comply with all applicable City codes and ordinances. 10. AU 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. 1 i. All p.roposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. Commercial Design Review No. 2007-12 General Conditions 12. Approval for Commercial Design Review No. 2007-12 wili lapse and be void uniess building permits are issued within one (1) year foliowing the date of approval. 13. Any alteration or expansion of a project for which there has been a"Design Review° approval as well as a~l applications for modification or other change in the conditions of approval of a"Design Review" shail be reviewed according to the provisions of Chapter 17.82 in a similar menner as a new application. 14. No structure which has received a"Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Gertificate of Occupancy until the Directo~ of Community De~elopment has determined that all .Condifions of Approval have been complied with. 15. All site improvements approved with this request shali 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. 16. Plan Check shall conform to the submitted plans as modi~ed by Conditions of Approval or by the Planning Commission and/or City Council through subsequent actions. 17. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturaily screened or shiel.d~ed 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 as well as represent the chosen architectural style. 18. Ali exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. Ali light fixtures shall compliment the architectural style of the building and shali be reviewed and approved by the Director of Comrnunity Development or Designee. 19. . The applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 20. All 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. 21. No exterior roof ladders shail be permitted.. 22. All exterior downspouts shall be concealed within the buildings. 23. Materials and colors depicted on the plans and materials board shall be used uniess approved by the Director of Community Development or designee. 24. On-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit 25. Prior to the issuance of a building permit, the applicant shall provide assurances to staff that all applicable fees have been met. 26. Three (3) sets of the Final Landscaping/Irrigation Detaii Plan shali he 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. b. All planting areas shail have perrnanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventionai irrigation methods. c. All planting areas shall be separated from. paved areas with a six inch (6"j high and six inch (6") wide concrete curb. d. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 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 a#tention .to the use of Xeriscape or drought resistant plantings witli sombination 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 year with approval/accepCance by the Landscape Gonsultant and the Director of Community Development or Designee. i. All landscaping and irrigation shall be instalied 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. 27. 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. 28. Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 29. Prior to issuance of building permits, the applicant shall. provide assurance that the l:ibrary Capital Improvement Fund fee has.been paid. 30. Prior to issuance of buiiding.permits, the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid. 31. Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire ~eparfinent standards and requirements have been complied with. 32. Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid. Prior to the issuance of a Certificate of Occupancy 33. Prior to the issuance of a certificate of occupancy, the applicant shall have an approved Revised Uniform Sign Program for the Mission. Trail Shopping Center on file with the Community Development Department. 34. Prior to the issuance of a certificate of occupancy, the applicant shall provide assurances to staff that all conditions of approval have been met. ENGINEER/NG DEPARTMENT 35. Th.e applicant shall obtain an encroachment permit for any work performed in public riglit of way. 36. Capital Improvement fees (TUMF, TIF, Drainage) and mitigation fees (LEMC 16.34, Res. 85-26) sliall be paid prior to issuance of building permit. 37. The applicant shall implement NPDES Best Management Practices during and after construction to prevent discharge of pollutants into the cit~s storm drain system. 38. In accordanc.e with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required tb contraet with CR&R Inc. for removal and disposal of all waste materiai, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or ali other phases of construction. RIVERS/DE COUNTY F/RE DEPARTMENT 39. Please see attached Riverside County Fire Department Conditions of approval.