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HomeMy WebLinkAboutCC Reso No 2006-186RESOLUTION NO. 2006-186 RESOLUTION OF THE CTTY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE CONDONIIlVIUM MAP NO. 34864 FOR "CANYON ESTATES PROFESSIONAL OFFICE BUILDING" AN OFFICE CONDOMIIVIUM TO BE LOCATED SOUTH OF CANYON ESTATES DRIVE AND WEST OF SUMMERHILL DRIVE WHEREAS, Architectural Team Three C/O Lon Bike, filed an applicarion with the City of Lake Elsinore requesting the approval of Tentative Condominium Tract Map No. 34864 for the establishment of a office condominium building; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Tentative Condominium Maps for commercial projects; and WHEREAS, public notice of said application has been given, and the City Council has considered evidence presented by the Community Development Deparhnent and other interested parties at a public hearing held with respect to this item on November 14, 2006. 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 proposed request for Tentative Condominium Tract Map No. 34864 and has found it acceptable. The City Council finds and deternunes that this project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC) and Sections 66424 and 66427 of the California Government Code. SECTION 2. That in accordance with Govemment Code Sections 66424 and 66427 and LEMC Title 16 "Subdivisions", the City Council makes the following findings for the approval of the Tentative Condominium Map: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well- balanced and functional mix of residential, commercial, dndustrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well as provides decent business opportunities and a satisfying office environment. CITY COiTNCIL RESOLUTION NO. 2006-186 PAGE 2 OF 3 2. The effects this project is likely to haee upon the economic needs of the region, the business requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The additional office spaces provided in association with the project will serve to enhance and improve the economic needs of the reg%on and the business needs of the Lake Elsinore community by providing additional office space opportunities for local residents. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14th day of November, 2006, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS•jj~`7 // < < RoTiert E. M; City of Lake CITY COUNCIL RESOLUTION NO. 2006-186 PAGE 3 OF 3 ATTEST: , Fredrick ay, City Clerk City of Lake Elsinore APPROVED TO LEGAL City Attorney City of Lake Elsinore CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 1 of 13 PLANNING General Conditions: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, 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 project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and Mitigated Negative Declaration for Canyon Creek "Summerhill" Specific Plan Amendment No. 1 as applicable. 3. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $1,314.00 to enable the City to file the Notice of Determination. Said filing fee shall be provided to the City within 48 hours of project approval. 4. 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. City Coullcil _-\pprovcd 10/ [7 /OC) CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 2 of 13 Tentative Condominium Tract Map No. 34864 5. Tentative Condominium Tract Map No. 34864 will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 6. The Tentative Condominium Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 7. Prior to the first certificate of occupancy, the applicant shall prepare and record CC&R's against the office condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, the CC&R's shall stipulate that employees of office suites are prohibited from parking within the row of onsite parking spaces located directly adjacent to the building. 8. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or office units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this Clt;- COLmcil _-\ppro,-ecl lO/1-/06 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 3 of 13 requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 9. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 10. Membership in the Office Owner's Association shall be mandatory for each buyer and any successive buyer. 11. Reciprocal covenants, conditions, and restnctIons and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) office owner's association with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 13. Each office unit owner shall have full access to commonly owned areas, facilities and utilities. Commercial Design Review No. 2006-02 14. Approval for Commercial Design Review No. 2006-02 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 15. 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. Citr Council _-\ppwFed 10/[7/06 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 4 of 13 16. 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. 17. The property owners of APN 363-670-009 (Office Condominium Property) and the property owners of APN 363-670-001 (Property Adjacent and to the North) shall negotiate and record a Reciprocal Access and parking Agreement wherein both property owners agree to allow the motoring public to travel and park on either property in order to access the other property. The agreement shall be reviewed and approved by the Director of Community Development and the City Attorney prior to recordation. 18. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 19. 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 Community Development Director. 20. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 21. 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. 22. 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. Citl- COlltlcil A.ppro,-ed 10/17 lOG CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 5 of 13 23. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 24. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 25. No exterior roof ladders shall be permitted. 26. All exterior downspouts shall be concealed within the building. 27. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 28. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Field Color Dunn Edwards DE 127 "Tan" Field Color Dunn Edwards DE 130 "Light Tan" Field Color Dunn Edwards DE 136 "Medium Tan" Accent Color Dunn Edwards "Forest Green" Roofing U.S. Tiles, EI Camino Blend Storefront To Match PPG Green Glass 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 a permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 31. On-site surface drainage shall not cross sidewalks. City Council .\pprov-ed 10/17/06 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 6 of 13 Prior to Issuance of Building/Grading Permit: 32. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 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 Community Development Director or designee, prior to issuance of building permit. 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 enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. f. Final landscape plans to include planting and irrigation details. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Thirty percent (30%) of shrubs required on slopes shall be five-gallon container size. City COlll1cil _-\ppron~d lO/l7/0G CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 7 of 13 h. All landscape improvements shall be bonded 100% for material and labor for two years 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 Community Development Director 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. The Queen Palm trees proposed to be planted adjacent to side building elevations shall have a minimum of IS-feet of brown trunk height as measured from the finished grade. Final landscape plan shall be revised accordingly. 34. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 35. The architectural site plan shall be revised to eliminate the employee parking (EP) symbols within the row of nineteen parking spaces within the interior of the onsite parking lot. ENGINEERING DEPARTMENT General Requirements: 36. 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. 37. Prior to commencement of grading operations, applicant to provide to the Cit:- Council _-\ppw\-ed 10/17/06 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 8 of 13 City a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 38. Applicant shall install signs at the project site indicating the construction work hours and contact information for the project. Any deviation from the previously approved working hours shall be approved by the City Engineer. 39. All grading shall be done under the supervIsIOn of a geotechnical engineer. The engineer shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 40. An Encroachment Permit shall be obtained prior to any work within City right-of-way. 41. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 42. 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. 43. Applicant shall pay all applicable development impact/mitigation fees, including but not all inclusive: TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. 44. Ten 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 exceeded, drainage facilities shall be provided. 45. 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. 46. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for Cin Council .-\pproved LO/17/06 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 9 of 13 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. 47. 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. 48. 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. 49. Roof drains shall not be allowed to outlet directly through coring in the street curb. 50. Roofs should drain to a landscaped area. 51. All open space, slopes, drainage systems, except for public parks and schools and flood control district facilities, located outside of the public right-of-way shall be owned and maintained by property owner's association. 52. 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. 53. 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 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 Citr COUl1cil .-\pproved 10/17/06 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 10 of 13 54. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 55. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 56. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 57. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 58. The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 59. 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. 60. Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on-site or off-site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner. 61. 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 Citl- COllllcil _-\pprOl-ed [01 1 ~ JOG CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 11 of 13 Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 62. Applicant shall submit a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 63. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading 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 and including maintenance responsibilities. 64. Reciprocal access (agreement) shall be granted to all parcels within this site. 65. A revised signing and striping plan for Canyon Estates Drive, from Summerhill Drive to Ridgecrest Drive shall be submitted for review. The installation of the revised signing and striping will be the responsibility of the applicant. 66. The project driveway @ Boulder Vista Drive shall be revised to a right- in/right-out only with the installation of right-in/out median at the driveway entrance. 67. All existing and proposed easements and dedications shall be properly noted in the grading plan. Prior to Issuance of Building Permit 68. Relocate the existing street light on Canyon Estates Drive, from approximately 60 feet east of the project driveway/Boulder Vista Drive to near the driveway entrance. 69. 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. 70. Submit a "Will Serve" letter to the City Engineering Division from the Cit\ COllllcil _-\pp[O\-ed lO/l'/OC, CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 12 of 13 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. 71. Pay all and Plan Check fees and Capital Improvement Impact Mitigation Fees - TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. Prior to Occupancy 72. All compaction reports, grade/elevation certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 73. 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. 74. All traffic signing/striping and access controls for on-site and offsite shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 75. Water and sewer improvements shall be completed in accordance with Water District requirements. 76. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 77. All public improvements shall be completed in accordance with the approved plans or as conditions of approval of this development to the satisfaction of the City Engineer. COMMUNITY DEVELOPMENT DEPARTMENT 78. Developer to pay park fees of $0.10 per square foot for all interior commercial/industrial space (14,500 sq. ft. @ $0.10 = $1,450). CH\~ COllncil .\pprcn-ccl IOlr7/06 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO. 2006-02 Page 13 of 13 79. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 80. The applicant shall comply with all Riverside County Fire Department conditions and standards. BUILDING AND SAFETY DEPARTMENT 81. ADA Path of Travel to the public right-of-way shall be completed prior to issuance of Certificate of Occupancy. ADMINISTRATIVE SERVICES 82. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), 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. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cov~r the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655- 3900 x334 or danderson@harris-assoc.com. 83. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance 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 which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a four thousand seven hundred dollar ($4,700) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. Citl- Council _\pprmTd 10/l7/0G