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HomeMy WebLinkAboutPC Reso No 2009-62RESOLUTION NO. 2009-62 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. 2009-02 WHEREAS, Carl Johnson, Lake Elsinore 1 L.P. ("Developer") filed an application with the City of Lake Elsinore requesting approval of the subdivision, design, construction and establishment of five (5) industrial/warehouse buildings totaling 39,445 square feet on 2.62 acres of vacant land ("the Project'), which will be located at the northwest corner of Pasadena Street and Central Avenue at APN 377-120-059 (the "Site"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council for Design Review of industrial projects; and WHEREAS, public notice of the Industrial Design Review has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on December 1, 2009. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed request for Industrial Design Review No. 2009-02 prior to recommending approval to the City Council. The Planning Commission finds and determines that the Industrial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The California Legislature has determined that certain classes of projects are exempt from the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. 15000 et seq.: the "CEQA Guidelines"). A Class 32 exemption exists for: "[P]rojects characterized as in-fill development meeting the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. (c) The project site has no value as habitat for endangered, rare or threatened species. PLANNING COMMISSION RESOLUTION 2009-62 PAGE 2 OF 5 (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. (e) The site can be adequately served by all required utilities and public services." The Planning Commission hereby finds and determines that the Project is exempt from the requirements of the California Environmental Quality Act pursuant to a Class 32 exemption. Specifically, the Planning Commission finds that the Project: 1. The Site is designated as M-1, limited manufacturing, on the City's Zoning Map and LI, limited industrial, on the City's General Plan. The proposed Project is an industrial project and is therefore consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. 2. The Project Site 2.62 acres, which is less than (5) acres. The Site is substantially surrounded by urban uses with the Target shopping center to the north, and industrial buildings to the east and south. 3. The Project Site currently vacant. However, according to the Narrow Endemic Plant Species and Burrowing Owl Habitat Assessment report prepared by Principe and Associates, the Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result 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 Section 17.82 (Design Review) of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Industrial Design Review No. 2009-02: The project, as approved, will comply with the goals and objectives of the General Plan, and the Zoning District in which the project is located. The proposed Project complies with the goals and objectives of the General Plan, and the Zoning District in which the project is located in that the approval of this industrial warehouse buildings will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. PLANNING COMMISSION RESOLUTION 2009-62 PAGE 3OF5 The proposed Project is appropriate to the site and surrounding developments in that the proposed industrial warehouse buildings have been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further, the Project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Project, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment. As explained above, the Project is categorically exempt from the California Environmental Quality Act (Cal. Pub. Res. Code 21000 at seq.) pursuant to a Class 32 categorical exemption. 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 subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the proposed Industrial Design Review located at the northwest corner of Pasadena Street and Central Avenue, has been scheduled for review and consideration by the Planning Commission. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Industrial Design Review, the Planning Commission hereby recommends that the City Council approve Industrial Design Review No. 2009-02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPT is 15t day of December 2009, by the following vote: Xmmy Flores, Chairman City of Lake Elsinore PLANNING COMMISSION RESOLUTION 2009-62 PAGE 4 OF 5 ATTEST: Tom Weiner Director of Community Development PLANNING COMMISSION RESOLUTION 2009-62 PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-62 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 1st day of December 2009, and that the same was adopted by the following vote: AYES: CHAIRMAN JIMMY FLORES, VICE-CHAIRMAN JOHN GONZALES, COMMISSIONER PHIL MENDOZA, COMMISSIONER MICHAEL O'NEAL, COMMISSIONER AXEL ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE Tom Weiner Director of Community Development CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 36123 INDUSTRIAL DESIGN REVIEW NO. 2009-02 LOCATED AT ASSESSOR PARCEL NUMBER 377-120-059 GENERAL 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 attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the environmental documentation, Tentative Parcel Map No. 36123, or Industrial Design Review No. 2009-02. PLANNING DIVISION Tentative Parcel Map No. 36123 2. The Tentative Parcel Map 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 and the LEMC. 3. The Tentative Parcel 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. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the industrial complex requested herein. 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, CC&R's shall established methods to address design improvements. 6. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. Industrial Design Review No. 2009-02 7. Design review approval for Industrial Project No. 2009-02 will lapse and be void unless building permits are issued within two (2) years. CONDITIONS OF APPROVAL PAGE 2 OF 9 TENTATIVE PARCEL MAP NO. 36123 AND INDUSTRIAL DESIGN REVIEW NO. 2009-02 8. All conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 9. 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. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 10. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 12.The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 13.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 roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 14.All loading zones shall be clearly marked with yellow striping and shall meet City Standards. 15. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. Any modification to these conditions of approval shall be reviewed and approved by the Planning Commission and/or City Council, as appropriate. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 17.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. 18.All exterior downspouts shall be concealed or architecturally screened and painted to CONDITIONS OF APPROVAL PAGE 3 OF 9 TENTATIVE PARCEL MAP NO. 36123 AND INDUSTRIAL DESIGN REVIEW NO. 2009-02 match the exterior color of the building as approved by the Community Development Director or Designee. 19.All building signage shall comply with the East Lake Specific Plan and Chapter 17.94 (Signs - Advertising Structures) of the Lake Elsinore Municipal Code (LEMC). 20.All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 22. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 23. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 24. No exterior roof ladders shall be permitted. 25.All service and loading doors shall be painted to match the building. 26. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 27. 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. 28.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 based on the Consultant's fee plus forty percent (40%) City fee. 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. Applicant shall plant street trees selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. CONDITIONS OF APPROVAL PAGE 4 OF 9 TENTATIVE PARCEL INDUSTRIAL DESIGN MAP NO. 36123 AND REVIEW NO. 2009m(]12 d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 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 tolerant 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 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. 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. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. 29.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 30.The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 31. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 32.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 33. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. CONDITIONS OF APPROVAL PAGE 5 OF 9 TENTATIVE PARCEL MAP NO. 36123 AND INDUSTRIAL DESIGN REVIEW NO. 2009-02 34.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 35.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 (i.e., 7:00 A.M. - 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. ENGINEERING DIVISION 36. Buildings shall be located on their own parcels. No parcel line shall cross the buildings on site. 37.Applicant shall allow for truck turning movements on site as well as onto the site. 38. Provide a truck turning template on the site plan showing adequate room for truck to turn and back into all loading bays. 39. Dedicate full half width of Pasadena Street creating a 45-foot half width right-of-way dedication. A 35-foot of roadway improvements shall be constructed between the centerline of Pasadena Street and the curb-face adjacent to the project. This requirement shall be for the project frontage with transitions to the existing pavement where applicable. 40. Dedicate full half width street of 50-feet on Central Avenue. Construct full half width of Central Avenue measuring 40-feet from the centerline to the curb face adjacent to the project. This requirement shall be for the project frontage with transitions to the existing pavement where applicable. 41. Sight distance shall be maintained to CALTRANS standards for ingress, egress and for all onsite drive isles. 42.Building pad elevations shall be required to be 1-foot above the 100-year flood elevation. 43. On-site detention shall be required for the incremental increase in storm water runoff. 44.The driveway located on Pasadena Street shall be 40-feet deep (Clear from the curb face to the first parking stall or drive isle) and shall align with the driveways across Pasadena Street. CONDITIONS OF APPROVAL PAGE 6 OF 9 TENTATIVE PARCEL MAP NO. 36123 AND INDUSTRIAL DESIGN REVIEW NO. 2009-02 45.A reciprocal access easement shall be required between the property to the southeast and the subject property. 46.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to certificate of occupancy. 47. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 48.All street improvements shall be installed and functioning prior to certificate of occupancy. 49. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 50.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. Submit this letter prior to issuance of building permit. 51.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to certificate of occupancy. 52.Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 53.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to certificate of occupancy. 54.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 55.The applicant shall install permanent survey monuments including property corners and centerline ties in compliance with the City's municipal code. 56.Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of building permit. 57. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of CONDITIONS OF APPROVAL PAGE 7OF9 TENTATIVE PARCEL MAP NO. 36123 AND INDUSTRIAL DESIGN REVIEW NO. 2009-02 the roadway or alley shall be the responsibility of the property owner or his agent. 58. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 59. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 60. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 61. If applicable, all traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 62.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 63.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 64.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 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. 65. Provide soils, geology and seismic report including street design recommendations for plan checking purposes at the time of street improvement or grading permit application, which ever occurs first. At the completion of construction, provide final soils report showing compliance with recommendations. 66.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 67.AII grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 68. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such CONDITIONS OF APPROVAL PAGE 8 OF 9 TENTATIVE PARCEL MAP NO. 36123 AND INDUSTRIAL DESIGN REVIEW NO. 2009-02 routes shall be subject to the review and approval of the City Engineer. 69.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 70. Individual lot 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. 71.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 72. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 73. Meet all requirements of LEMC 15.68 regarding flood plain management. 74. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to issuance of building permit. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 75.AII drainage facilities on this site shall be constructed to Riverside County Flood Control District Standards. 76. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 77.10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 78.A drainage acceptance letter will be necessary from the downstream property owners for discharging the proposed storm water run-off on private property. 79.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 80.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 CONDITIONS OF APPROVAL PAGE 9OF9 TENTATIVE PARCEL MAP NO. 36123 AND INDUSTRIAL DESIGN REVIEW NO. 2009-02 development and including maintenance responsibilities. 81.Education guidelines and Best Management Practices (BMP) shall be provided to tenants 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 stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 82.Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. 83.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 84. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way provided on improvement plans or by separate instrument. 85. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to certificate of occupancy. 86. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all phases of construction and operation. COMMUNITY SERVICES DEPARTMENT 87.The Developer shall pay park-in-lieu fee in effect at time of building permit issuance. 88. Developer shall participate in the City-wide Landscape and Lighting Maintenance District. 89. 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 90.The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department.