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HomeMy WebLinkAbout5. CUP 2001-05, as amended CONDITIONAL USE PERMIT 2001-05, as amended VISION QUEST ENTERPRISES,INC 23905 Clinton Keith Rd. Ste. 114-351 Wildornar, Ca 92595 RE: RE-ESTABLISHMENT OF CONDITIONAL USE PERMIT NO. 2001- 05: ESTABLISHMENT AND OPERATION OF AN OFF-ROAD MOTOCROSS FACILITY (LAKE ELSINORE MOTOCROSS) We hereby state that we acknowledge the Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions prescribed by the City of Lake Elsinore, as set forth in the attachments [Conditions of Approval (dated June 15, 2010), Response to Lake Elsinore Motocross Park Questions (dated December 23, 2010), and Improvements Associated with Re-Opening of Lake Elsinore Motorsports Park (dated February 215, 2011)]. All Conditions shall be met prior to issuance of permits or as otherwise indicated in the Conditions approved by the Planning Commission on June 15, 2010, or attached letters. Date: I Applicant's Signature: Print Name: Address: )- Sk- 1/q- 5/ IM , 1rlvly,1-r, Own- Vq�c_ Phone Number. Date: Property Owner's Signature: Print Name: tz-P-6 -- Address: Phone Number: CITY OF LAKE LSINOP.,E DREAM EXTREME REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 6, 2010 SUBJECT: CONSIDERATION OF MODIFICATION, SUSPENSION, AND/OR RELOCATION OF CONDITIONAL USE PERMIT NO. 2001-05 FOR THE LAKE ELSINORE MOTOCROSS FACILITY APPLICANT: RANDY HINER, 31500 GRAPE STREET, SUITE 3-275, LAKE ELSINORE, CA 92530 OWNER: KRIS KAKKAR, CEREAL PARTNERS, 11292 PINECONE STREET, CORONA, CA 92883 Project Background On June 15, 2010, the Planning Commission held a public hearing to 1) Review and provide formal approval of revised conditions of approval and; 2) Review the status of all the conditions of approval that remain in non-compliance and the applicant's progress toward completion/satisfaction. After lengthy discussion, the Planning Commission voted to approve the revised conditions of approval for CUP 2001-05 subject to a few revisions. In addition, the Commission voted to continue the public hearing to the July 6, 2010 meeting given that the applicant was not in attendance on June 15tn. Revised Conditions of Approval Staff has prepared final revised conditions of approval for Conditional Use Permit No. 2001-05 (See Attachment No. 1) consistent with the June 15, 2010 Planning Commission staff report and the Commission hearing discussion. Added or new language has been denoted in italics and deleted language is show with a str4keth h. Additional revisions made at the June 1 to meeting have been shown in red ,o�aav Q, -XPAfr1 Vg CUP No. 2001-05 Lake E»inore Motocross Facility JULY 6, 2010 PAGE 2of2 Outstanding Condition of Approval Status In accordance with Planning Commission direction, staff also prepared and provided correspondence to both the applicant and property owner requesting their review of the revised conditions and their attendance at tonight's meeting. Moreover, the applicant was also requested to be prepared to provide a detailed status on all the remaining outstanding conditions at tonight's meeting. Lastly, staff prepared a Resolution suspending the CUP should it become necessary. Recommendation 1. Staff recommends that the Planning Commission review the outstanding conditions of approval and direct staff as deemed appropriate. Prepared By: Matthew C. Harris Ack- Senior Planner and Justin Carlson Redevelopment Project Analyst Approved By: Robert A. Brady City Manager 1� Attachments: 1. Approved Revised Conditions of Approval for CUP No. 2001-05 2. City Attorney Letter dated June 24, 2010 3. Planning Commission Suspension Resolution 4. Planning Commission Staff Report dated June 15, 2010 j� lvr i 1 o v���v' PA /// REVISED CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2001-05: ESTABLISHMENT AND OPERATION OF AN OFF-ROAD MOTOCROSS FACILITY (LAKE ELSINORE MOTOCROSS) PLANNING DIVISION 1. Conditional Use Permit No. 2001-05 will lapse and be void unless the use continues as intended within one (1) year of Planning Commission approval. 2. YY7e-bdf -di-tinnal l lne Perini+ c.ha/l a p#e th.ne (3) 9am fir M th_ date of Planning designee--extend eF an • iDnnal heienfii fnur /')Al hs nn�exreed a rtetal of fye {5y�� The applicant acknowledges that the uses permitted by the Conditional `Use Permit are not consistent with the long-term development goals of the project site and neighboring properties and that the Conditional Use Permit allows for an interim use of the project site so long as such operations are compatible with neighboring uses and are conducted in manner that does not impose significant negative impacts. Consequently, the Conditional Use Permit shall be reviewed periodically, but not less than annually, by the Planning Commission to evaluate the findings set forth in Section 17.168.060 of the Lake Elsinore Municipal Code, including (i) the consistency of the use with the City's General Plan, applicable Specific Plan and Zoning Ordinance, (h) the compatibility with neighboring uses, and (N) compliance with the conditions of approval. Should the Community Development Director or designee receive any legitimate and justifiable concerns or complaints from the public regarding impacts associated from the operation of the use which cannot be resolved or the applicant fails to address and resolve, the Community Development Director shall have the ability to commence proceedings to recommend to the Planning Commission the revocation of the CUP in a similar fashion and process as originally considered. The Community Development Director shall also initiate revocation proceedings of the CUP if or when plans are submitted to the City proposing for any of the models for the gpeGift be ceased a#she-disrretaen--oaf-tli�vni4 )eveleprnent Director--ex designee-.development inconsistent with the existing use and in accordance with the General Plan and any applicable specific plan for the project site. (Modified by Planning Commission 5-18-10) 3. The ap JiGant shall rlem Manning-4;eramission approval—F-ailure-to-semply-with-®floe--Gendi#tens�fld r-er�amendattiiGns-shall-pause- lei' y-te-be�lesed-uAtil ' etermined-by4he C7 �,i o v�'}rv�) /v i�v CUP No. 2001-05 Lake El- .,ore Motocross Facility July 6, 2010 PAGE 2 of 8 (Deleted by the Planning Commission 5-18-10) 4. The applicant shall be required to conduct a Noise Studyies(noise readings) annually s determined necessary by the Community Development Director) to monitor sound levels emanated from the facility. Necessary measures shall be undertaken based on the results of the Noise Study. The applicant shall deposit with the City an amount equal to the cost of such study plus administrative charges. (Modified by the Planning Commission 5-18-10) 5. The applicant shall be required to conduct an Air Quality Studyies annually-(Gr-seaaer if#4,-as determined necessary by the Community Development Director) to monitor dust levels emanated from the facility. Necessary measures shall be undertaken as a result of the study. The applicant shall deposit with the City an amount equal to the cost of such study plus administrative charges. (Modified by the Planning Commission 5-18-10) 6. The amount of staff necessary to operate the facility shall be determined daily by the applicant based on attendance, type and number of tracks operating and associated insurance requirements. Ope ifieini fl follows- it has , d_i____:n_J that in ar eF 1t guaFaR �ey Gapadties at Fed Rota! (These employees will be required to wear uniforms identifying them as facility employees, e.g., yellow vests or shirts with the wording "Staff'): ft Fog �I fry n nn 4 nli r♦ b. ---V'mta9e Trnck--4--a#end"'vc�t-G-raguldt$-a4;Eer!,s t ' iR tFark (34G l , in in 4aGk (2 total); o llAnin Trr,nrL,C_��tteF+N^A,�c--Tta:+� c-�--�v�un-r---rrtry met ulate-a 4G-#a�arch-flag f Drnfnr P-F�'{ — t�n�"r.acrrrt co-rA� peF601 in tFa�L�taly, g-pr-rife&519 �- BF- -a<t�f�dat-t9-r�gllae-ab6285- C3 �a61G-af���-f�aQ r -nt^, `� -i � 1 .•to }�:—�lfl-additie,T1-site-Fna+�ager, 7 parLinn nff fatal).(Modified by the Planning Commission 5-18-10) 7. The existing pay booth onsite shall be allowed to be located below an elevation of 1,267 msl provided that vent r maintained in the structure, one foot from the CUP No. 2001-05 Lake 6_ .lore Motocross Facility July 6, 2010 PAGE 3 of 8 ground, on opposite sides so as to allow flood wafer to flow through the structure. It will be neGessaFy to ay beGth te-aprele adds . (Modified by the Planning Commission 5-18-10) 8. structures, artifacts, and equipment utilized at the site (Modified by the Planning Commission 5-18-10 & ;I 9. -all grading at on the site all 'um s, ram s, and gradinQ shall be flattened (Modified by the Planning Commission 5-18-10 & �I 10. 0 potentially contaminated soil (Modi#ied by Planning Commission 5-18-10 &ffghibks Off site advertisiRg. ) (This condition was deleted by the Planning Commission in association with the original approval 8-7-02) 12. allowed be'ew the . (Deleted by the Planning Commission 5-18-10) *1 3-r . The apaRt shall rle}�ilorl _ire nl�n fear the R/l' Y 7n ri the Gemmunity- DevelGpme"iren-te-F. A fee 49r the reviewand appfeya rg�_of�h� ��,,�� sr. an ha he rergui rend The_ pad —wi f 1"�" ave a 1Qtttl�vu����'-�IQr,�I.fTtR7"'�Tr. ..�..,...'R' 4V CUP No. 2001-05 Lake L...,nore Motocross Facility July 6, 2010 PAGE 4 of 8 lafid—PiRg. PUbli^ r (Deleted by the Planning Commission 5-18-10) 14. Temporary restroom facilities shall be provided at strategic locations adequate to support ultimate visitor capacity. The Applicant shall furnish the City a copy of a contract or written proof that these facilities shall be provided prior to continuation of use. 15. All motorcycle fueling shall be concentrated in one area (e.g. parking lot). Safety spill kits, spill mats and fire extinguishers shall be made available and utilized at all times during fueling to regulate and minimize soil contamination. These requirements shall also be incorporated into the posted park rules. A Gash band will be requiFed gu Fantee semi--remediation. Irr—if nwesc••�nvoc y, the bend- Will She -u ed to Fnmediate Gentaminated soil (See Condition No. 10). (Modified by Planning Commission 5- 18-10) 16. The project shall be allowed to operate based on Exhibit B "Detailed Operating Characteristics" and based on additional recommendations outlined on Condition of Approval No. 6 submitted by the applicant with the exception of night operations. Operations shall be limited to 8.00 Q?QG AM to dusk. Park hours of operation shall be reviewed by the Community Development Director as deemed necessary. (Modified by the Planning Commission 5-18-10) 17. For Major Special Events, the applicant shall be required to comply with Section 5.108 (Special Events) of the Lake Elsinore Municipal Code. Night operations for major special events may be allowed by the Community Services & Development Directors and subject to additional Conditions of Approval. 18. The proposed temporary/interim motocross- training and racing facility shall be subject to the Mitigation Monitoring Program in Mitigated Negative Declaration (MND) No. 2002-02. The Mitigation Monitoring Program outlines four required issues requiring mitigation which include the following: Air Quality Throughout operations of the Motocross facility, the applicant shall ensure that the exposed dirt areas are watered a minimum of four to five times daily_ Hydrology and Water Quality Prior to issuance of grading permit, the applicant shall acquire a Notice of Intent from the Santa Ana Regional Water Quality Control Board, in accordance with the City's . � )Z�Jjl CUP No. 2001-05 Lake E. iore Motocross Facility July 6, 2010 PAGE 5 of 8 National Pollutant Discharge Elimination System (NPDES) permit and comply with appropriate NPDES and Best Management Practices regulations. Public Services f' to Dedicate a minimum 16-foot access road. Said road shall be designed to support a minimum of 60,000 lbs. over 2 axles, all weather surface and non-erode-able. This shall include the "pit area". Provide a minimum of two parking attendants on weekends and holidays to direct traffic to the parking area. Parking areas shall maintain a minimum 20 feet unobstructed width and have a sufficient turning radius at each end to accommodate fire apparatus. Ensure that gates are a minimum of 18 feet and can accommodate fire apparatus traveling in either direction. Provide a minimum of one Emergency Medical Technician onsite at all times during motocross practice sessions. In addition, a transportation ambulance shall be provided onsite at all times during any and all event competitions. and inner/ EMT°s th F9WghQWt the hours Of dr�erntiOR Additional requirements may � be established for special events. '(Modified by the Planning Commission 5-18- 10) Separate all vehicle fueling and maintenance areas from public assembly or spectator areas by a minimum of 50 feet. Post "No Smoking" signs around all areas that contain stored and/or where dispensing flammable or combustible fuels or solvents are used. Provide a minimum 20 BC rated fire extinguishers in those areas with a maximum travel distance no greater than 50 feet. Ensure that all flammable and combustible liquid storage and dispensing shall be in accordance with Article 79 of the Uniform Fire Code and California Fire Code. Said storage shall be in approved containers with appropriate labeling. Transportation and Traffic Prior to issuance of final occupancy, the applicant shall prepare a Traffic Control Plan. Said plan shall, at a minimum, describe those traffic control measures and methods required to ensure congestion will not occur on connecting roadways, staffing requirements, parking plans, and any other measures to ensure congestion is controlled. CUP No. 2001-05 Lake Bl.00re Motocross Facility July 6, 2010 PAGE 6 of 8 19. Prior to commencement of operations, the applicant shall submit all binders of Liability Insurance naming the City of Lake Elsinore as additional insured, to be approved by the City's Risk Management Director (Administrative Services Director) and Community Development Director or designee. Minimum Liability Insurance shall be for $2,000,000.00. 20. Applicant is to meet all applicable City Codes and Ordinances including American Disability Act requirements prior to commencement of operations. 21. All site improvements shall be constructed as indicated on the approved site plan (Exhibit A) unless modified by Planning Commission action. Revisions to approved plans shall be subject to discretion of the Community Development Director or designee. 22. and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. (Modified by the Planning Commission 5-18-10 &_) 23. All uses and/or activities not specifically permitted by this permit shall be prohibited. EMERGENCY SERVICES 24. Provide a minimum of one Emergency Medical Technician onsite at all times during motocross practice sessions. In addition, a ambulance shall be provided onsite at all times during any and all event duFlng competitions. IMedifi-catigns shall s i a4 - *hA FeView and approval 1 . the Fire rhi�d (Modified by Planning Commission 5-18-10 & 25. The entrance access road (from Cereal Road to entrance) shall be clearly defined and improved to support emergency vehicles a minimum of 60,000 Ibs over two axles. The road surface shall be all weather surface and non-erode-able. In addition, a secondary emergency only vehicle access road shall be improved with similar construction. Currently, shown emergency access road encroaches on a separate parcel letter of permission shall be required. An access agreement shall be required from property owner for the duration of permit. CUP No. 2001-05 Lake Ei-.,lore Motocross Facility July 6, 2010 PAGE 7 of 8 ENGINEERING DIVISION 26. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 27. No improvements shall be made upon all lands below the 1265 ft. elevation level in the Lake Elsinore flood plain, southeasterly of the lake levee and no artificial change in the topography in the surface of said lands shall be made (except terracing and soil conservation measures) LEMC 15.68.052. 28. Projects proposed in the back basin that the City or applicant deem non jurisdictional shall receive a written non jurisdictional confirmation from the Corps of Engineers prior to any commencement of work along with a review of how the project complies with the special conditions to Permit No. 88-00215-00-RRS (Lake Elsinore Management Project) 29. Meet all requirements of LEMC 15.68 of the Municipal Code regarding flood plain management. 30. Meet all requirements of LEMC 15.64 of the Municipal Code regarding flood hazard regulations. 31. The access road shall have a minimum width of 25 ft. 32. The access road and parking lots shall be of compacted crushed aggregate base or provided with a surface and treatment to minimize the dust to be approved by the City Engineer. 33. Applicant to provide FEMA elevation certificates prior to certificate of occupancies for all existing or future buildings (including trailers and storage facilities). (Modified by Planning Commission 5-18-10) 34. Grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 35. 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. 36. Buildings, with the exception of the existing pay booth, cannot be constructed and trailers cannot be located below the 1267 foot elevation. (Modified by Planning 10) ' G` CUP No. 2001-05 Lake El. .ore Motocross Facility July 6, 2010 PAGE 8 of 8 37. A dust control plan and an erosion control plan for storm water runoff needs to be submitted the City for approval. 38. The erosion control plan needs to be approved by the Santa Ana Regional Water Quality Control Board. 39. A traffic seaR and study may be required at any time at the discretion of the City Engineer in order to evaluate and identify necessary mitigation for Beds +^ be total cumulative traffic impacts. (Modified by Planning Commission 5-18- 10) 40. A secondary emergency vehicle access road shall be established and maintained to the subject property. The access shall be achieved by way of easement or other legal instrument acceptable to the City Attorney. is con an e o ^.,+ +^ .,se +►*i .G2A (Modified by the Planning Commission 5-18- 10) 41. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 42. 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. 43. All trash and debris including used gas tanks shall be appropriately removed and disposed of in an approved waste facility pursuant to the City's Franchise agreement with CRR. 44. The applicant shall defend (with counsel reasonably acceptable to City), indemnify and hold harmless City, its employees, agents, and officials, from any liability, claims, suits, actions, arbitration proceedings, administrations proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual alleged, or threatened , actual attorney fees incurred by the City court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly, or impliedly, in whole or in part to an approval by the City, its advisory agencies, appeal boards, or legislative body concerning Conditional Use Permit No. 2001-05 Lake Elsinore Motocross and BMX Racing and Training Tract) and/or Mitigated Negative Declaration rj4"rr' �_-�"' rA - �. 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Lake Elsinore,CA 92530 PO Box 1409 Riverside,CA 92502-1409 L1� i 545 Chaney Street US Army Corp.of Engineers Labe Elsinore,CA 92530 911 Wtlshim Blvd. Los Angeles,CA 90017 3401 SCE Planning Division CR&R 26100 Menifee Road PO Box 1208 Romoland,CA 92585 Perris,CA 92572 CA Regional Water Control Board Time Warner 3737 Main Street,Suite 500 556 Bitch Street Riverside,CA 92501-3348 Labe Elsinore,CA 92530 .Tames Dugan Mission Oalm National Bank The Gas'Company 31709 Hwy 79 South PO Box 3003 Temecula,CA 92592 Redlands,CA 92373 1VIs.Lin&.GrfizV%.Chief California State Dept.of Fora=in0GR-GEQA Review 8c Game Dept.of Transportatiou Fish 3602 Inland 464 W.Fourth:St. Empire Blvd. 6"Hoor,MS 726 Suite C 220 SanB"=rdo,CA 92401-1400 Onto,CA 91764 Riverside Transit Authority EWD 1825 r Street P.O.Box 1019 Riverside CA 92507-3484 Lake Elsinore,CA i 92531 Briggs Law Corporation 99 East"C"Street,Suite 111 Lake Elsinore Library ' Upland,CA 91786 600 W Graham Avenue Lake Elsinore,CA 92530 Ed Studar -riverside County Transportation San Gorgonio Chapter of the Dist. Sierra Club PO Box 1090 4079 Mission ran Avenue Riverside,CA 92502 Riverside,CA 92501 VO. •M -iabel size I«x 2 5/g"colfipatlbfe with Avery e516WM60 "Peel®labels I _ UeoaveO Template 51i 1 �P—�� e>��pon to EOP"' AVERW 51600 APN 370051032 A ` UE LAKE INDUSTRIAL CONDO 'A 127001.8 INERS ASSN LAtNG ICE ORE 36503004 CIO BLUE LAKE BUSINESS PARK CIO L HO LLC 3SA 21021 VENTURA BLV NO 3Q0 R STE 500 Y RD WOODLAND HILLS CA 91364 I CA 92612 ECULA CA APN 370040039 >NID 46 HOA BENSON INORE 7004007532 WASHINGTON AVE APT B S LLC SHIN HUNTINGTON BEACH CA 92647 0 D STE 500 25585 D 2612 ELSINOREz 32 5030010 A 70040012 SA'YI( A 50304RD 31283 SHIN SANK D .25585 RD TE ULA CA 9 LA SINOR A 92532 312 LECUTA EL 370040006 N 370040038 >)3001 SA JLA312 p PMB 61 T ECULA CA 9 104 INE A 3R D PORT BEACH 660 CA 92 >25585R< >312EY 01' AP 030009 KARYN 1 PMB 12 ORE CAA CA 925 ?• MENDOCINO STE A2 SANTA ROSA CA 9540 370040Q4 A 050020 ;ANTA 5030014 � 31 ALESCO RYN HEZ 31 L R D W08 CHES ND Ft B 12 ECULA GA 9 AGOUR LLS CA 91 NDOCINO TE A2 ROSA CA 95403 370080010 LAK LSINORE ORT PARTN HIP CIO KRIS AR 11292 CON T C NA CA 92883 2tigaettes#aciles a paler ; , Nliisez le aabarit AvFRv9 ttRn* i Sens de RePliez i la hachure afin de i www.avery.com lcb( -v5 J tl ik4 ACKNOWLEDGMENT OF CONDITIONS Planxigg Division 130 S.Main Sneae Lake Ekbo�CA 92x74 AIM-1419 fax � 3 4P1ZPw- lake-elsinore.org ": CUP No. 2001-05 Lake Elsinore Motocross&BMX Facility,, I hereby state that I/We acknowledge the Conditions of Approval for the above named pro'ect and do hereby agree to accept and abide by an con ditions prescribed by the City of Lake Elsinore staff, as set forth in the attachments to the approval letter dated_ Auar 13 2002 All conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore. Date; ��^ Applicant's Signature. , 1 .Pru'—� t Name: Address: Phone Number, Acknowledgment of Conditions- Farm No. PD 2000-13 Revised November, 2000