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HomeMy WebLinkAbout10.03.2006 PC AGENDA CITY OF LAKE ELSINORE PLANNING COMMISSION AGENDA MICHAEL O'NEAL, CHAIRMAN JOHN GONZALES, VICE CHAIRMAN JIMMY FLORES, COMMISSIONER AXEL ZANELLI, COMMISSIONER PHIL MENDOZA, COMMISSIONER ROLFE PREISENDANZ, DIR. COMMUNITY DEVELOPMENT WWW.LAKE-ELSINORE.ORG (951) 674-3124 PHONE (951) 674-2392 FAX LAKE ELSINORE CULTURAL CENTER 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 ******************************************************************* TUESDAY, OCTOBER 3, 2006 6:00 P.M. If you are attending this Planning Commission Meeting please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation! CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES (Please read & complete a Speaker's Form at the podium, prior to the start of the Planning Commission Meeting) CONSENT CALENDAR ITEMS (All matters on the Consent Calendar are approved in one motion, unless a Commissioner or any members of the public requests separate action on a specific item. ) 1. Minutes a. Regular Planning Commission Meeting Minutes for August 1, 2006 PAGE 2 - PLANNING COMMISSION AGENDA- OCTOBER 3,2006 PUBLIC HEARING ITEMS (Please read & complete a Speaker's Form at the podium prior to the start of the Planning Commission Meeting. The Chairman will call on you to speak when your item is called.) 2. Reclamation Plan No. 2006-01 . Pacific Aggregates, Incorporated (Pacific Aggregates), a wholly owned subsidiary of Pacific Clay Products Incorporated (Pacific Clay), has submitted an application for approval of a Reclamation Plan for a 21 lAO-acre mining site. A total of 125.57 acres out of the 21 lAO-acre site will be directly affected by the Reclamation activities of mining, grading and reclamation. The site is divided by Nichols Road and is composed of a series of vacant, rolling to steep hills. CASE PLANNER: Kirt Coury, Planning consultant Ext. 274, kcoury@lake-elsinore.org RECOMMENDATION: Approval 3. Commercial Design Review No. 2006-02 and Tentative Condominium Tract No. 34864 "Office Building Complex" . The subject property, which consists of a previously graded and improved vacant pad, is located within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Since project submittal, staff has worked successfully with the applicant to achieve additional decorative elements and materials on the building, an entry courtyard effect through decorative paving improvements and the incorporation of additional planting along the building frontage. CASE PLANNER: Matt Harris, Senior Planner Ext. 279, mharris@lake-elsinore.org RECOMMENDATION: Approval PAGE 3 - PLANNING COMMISSION AGENDA- OCTOBER 3, 2006 4. Commercial Design Review No. . The applicant is requesting approval of the design and construction of a Club House building and associated improvements that will be a part of a future Golf Course complex known as "The Links at Summerly." CASE PLANNER: Linda Miller, Planning Consultant Ext. 209, lmiller@lake-elsinore.org RECOMMENDATION: Approval 5. Minor Design Review ofa Residential Duplex located on Kellogg Street (APN 374-044-007) . The two story duplex building includes two (2) 1,651 square foot residential units with two (2) 590 square foot attached garages for a total of 3,218 square feet of building footprint area or thirty-five percent (35%) of the total lot area of 9,148 square feet. This meets the maximum allowable building area of thirty- five percent (35%) per the requirements of the Historic Elsinore Standards. Each two story unit includes a great room, kitchen, laundry area, three (3) bedrooms, and two (2) bathrooms. Each garage includes an eighty square foot storage area. CASE PLANNER: Linda Miller, Planning Consultant Ext. 209, lmiller@lake-elsinore.org RECOMMENDATION: Approval 6. Industrial Design Review No. I 2006-01 . The applicant is proposing to develop a "tilt-up" industrial building available for lease on a 1.01 acre parcel. The proposed building will be comprised of two (2) loading docks, a 16,580 square-foot warehouse with two (2) grade level loading doors, and 1,995 square-feet of two-story office space. It should be noted that although the office space will comprise two (2) stories, the developer is only proposing to build the first-floor under this entitlement. The second story office will be built as a tenant improvement at a later date. PAGE 4 - PLANNING COMMISSION AGENDA- OCTOBER 3,2006 CASE PLANNER: Justin Carlson, Associate Planner Ext. 295, jcarlson@lake-elsinore.org RECOMMENDATION: Approval BUSINESS ITEMS 7. Public Convenience and Necessity (PCN) Notification to State Department of Alcoholic Beverage Control for the Target Store Location at 18287 Collier Avenue (Oak Grove Shopping Center) CASE PLANNER: Tom Weiner, Planning Manager Ext. 270, tweiner@lake-elsinore.org RECOMMENDATION: Approval INFORMATIONAL STAFF COMMENTS PLANNING COMMISSIONER'S COMMENTS ADJOURNMENT CITY OF LAKE ELSINORE REPORT TO THE PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 3, 2006 PREPARED BY: KIRT A. COURY, PLANNING CONSULTANT PROJECT TITLE: RECLAMATION PLAN NO. 2006-01 APPLICANT: HARDY STROZIER, THE PLANNING ASSOCIATES 3151 AIRWAY AVENUE, STE. R-l, COSTA MESA CA, 92626 SCOTT THAYER, PACIFIC AGGREGATES, INC., 19700 FAIRCHILD, STE. 300, IRVINE, CA 92612 PROJECT REQUEST OWNER: The request before the Planning Commission is for review and approval of a Reclamation Plan for a 2Il.40-acre site known as Nichols Canyon Mine (the "Project"). The Reclamation Plan outlines how mined lands will be reclaimed, rehabilitated, and revegetated. The Reclamation Plan has been reviewed pursuant to state law, Lake Elsinore Municipal Code (LEMC) Chapter 14.04, and Alberhill Ranch Specific Plan Amendment No.3. PROJECT LOCATION The 211.40 acre site which forms the basis for the Reclamation Plan is located in the northern part of the City of Lake Elsinore, east of the 1-15 freeway at the Nichols Road intersection, and which is more particularly described in Exhibit "A" attached hereto (the "Project Site"). The Project Site is divided by Nichols Road and is composed of a series of vacant, rolling to steep hills, which contain a significant deposit of shale. Nichols Canyon Mine is accessible from Nichols Road. ACENDA 'TEM NO. J... PACE_ \ OF_ 50 REPORT TO THE PLANNING COMMISSION October 3, 2006 PAGE 2 ENVIRONMENTAL SETTING Undeveloped and vacant areas neighbor the Project Site to the north and northwest. The 1-15 Freeway borders the south/southwestern perimeter of the Project Site. Further south of the 1-15 Freeway, along Collier Avenue, is the existing Lake Elsinore Outlet Center. Single-family residences are located to the north and northeast. Temescal Canyon High School is located one-quarter (1/4) mile to the south/southeast of the Project Site. Project Vacant Alberhill Ranch Specific Alberhill Ranch Specific Site Plan Plan North Vacant/ Riverside County Mountainous and Open Single- Space (Riverside County Family General Plan) Residential South 1-15 Riverside County Public Institutional Freeway/ (Riverside County General Outlet Mall Plan) East Vacant/ Riverside County Mountainous (Riverside Existing County General Plan) High School West 1-15 Interstate 15 Freeway Interstate 15 Freeway Freeway PROJECT DESCRIPTION Pacific Aggregates, Incorporated ("Pacific Aggregates"), a wholly owned subsidiary of Pacific Clay Products Incorporated ('"Pacific Clay"), requests review and approval of a Reclamation Plan for the Project Site. The Project Site is owned by Castle & Cooke Lake Elsinore Outlet Centers, Inc. but the mining and reclamation activities will be conducted by Pacific Aggregates. ACENOA ITEM NO. ~ PAGE ~ -OF 50 . REPORT TO THE PLANNING COMMISSION October 3,2006 PAGE 3 A reclamation plan is a document that outlines the combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion and other adverse effects from surface mining operations. The goal of a reclamation plan is to restore mined lands to a usable condition which is readily adaptable for alternate land uses compatible with zoning and the general plan. The reclamation process involves backfilling, grading, resoiling, revegetation, soil compaction, stabilization, and other measures. The scope of rehabilitation set forth in the Reclamation Plan is dependent upon the extent of disturbance that is caused by the surface mining operations. It is for this reason that the Reclamation Plan contains significant discussion of the mining operations. Despite the discussion of mining operations in the Reclamation Plan, the purpose of the Reclamation Plan is to establish the methodology and strategy for rehabilitating and revitalizing the impacted areas. Extraction activities at Nichols Canyon Mine are expected to impact 125.57 acres of the total 211.40-acre site. The sum total of 125.57 mined acres is reached based on excavation that will result in an approximate flat area of 63.86 acres north of Nichols Road, an approximate flat area of 34.62 acres south of Nichols Road, 23.15 acres of recreated slope on the northern portion of the Project Site, and 3.94 acres of "Disturbance Area" also located in the northern portion of the Project Site. The mining activities will be broken down into multiple phases. Once the mining operations are complete for each individual phase, Pacific Aggregates will begin reclamation activities for that portion of the Project. Reclamation activities will be ongoing throughout the life of the Project and are designed to reclaim, rehabilitate and revegetate the land used by Pacific Aggregates for mining purposes. Natural westerly on site ridgelines along the 1-15 freeway will be used to limit views of the mining and processing operations. Though the Project Site is currently surrounded by undeveloped and vacant areas to the north and immediate west, residential and commercial developments are currently being developed one mile to the west of the Reclamation Project Site pursuant to the Alberhill Ranch Specific Plan. Once reclamation of the Project Site is complete, the area will be compatible with open space and commercial uses which are contemplated by the Alberhill Ranch Specific Plan Amendment No. 3 adopted in June, 1997. - NDA ITEM NO. PAGE ":) ~ OF SO REPORT TO THE PLANNING COMMISSION October 3,2006 PAGE 4 PROJECT BACKGROUND Pacific Clay owns approximately 3,457 acres of land adjacent to the 1-15 freeway, some of which lies within the City's boundaries and a portion of which lies within the County's boundaries. Pacific Clay has operated a major brick production operation at its Pacific Clay mine since the early 1900s. In 1975, the California Legislature adopted the Surface Mining and Reclamation Act (Cal. Pub. Res. Code 99 2710 et seq.: "SMARA"). SMARA is designed to protect the extraction of minerals as an essential element to the continued economic well-being of the state. In enacting SMARA, the Legislature expressly intended to create and maintain an effective and comprehensive surface mining and reclamation policy for the regulation of surface mining operations. To achieve this end, SMARA requires all surface mining operations obtain a surface mining permit from the lead agency and have approved by the lead agency a reclamation plan. Notwithstanding the foregoing, SMARA exempts certain projects from the surface mining permit requirement. According to SMARA, if a project has a vested mining right, the project does not need to obtain a surface mining permit and can continue its mining operation consistent with prior procedures. The project is not relieved, however, of the requirement to prepare a reclamation plan. Nichols Canyon Mine is part of Pacific Clay's 3,457 acres of land and represents a small portion of Pacific Clay's overall mining operation which has been ongoing since the early 1900s. Pacific Clay has a vested right to mine on the Project Site and is not required to secure a mining permit. After the passage of SMARA, Pacific Clay sought and secured permits from the County of Riverside for all mining operations on its approximately 3,457 acres of land. In addition, Pacific Clay submitted to the County a reclamation plan covering the approximately 3,457 acres and the reclamation plan was approved as RP-112. Nevertheless, the Project Site is now within the City's corporate boundaries and is physically separated from Pacific Clay's larger brick production operation off of Temescal Canyon Road. The lead agency for the Nichols Canyon Mine is the City of Lake Elsinore. As such, the attached Reclamation Plan has been submitted for review and approval by the City. ACENDA ITEM NO. ~ PACE 4 __OF 50 REPORT TO THE PLANNING COMMISSION October 3,2006 PAGE 5 Zoning for the Project Site is governed by the Alberhill Ranch Specific Plan. The uses outlined in the Reclamation Plan are consistent with the provisions of the Alberhill Ranch Specific Plan and associated amendments, including Specific Plan Amendment No.3. The Reclamation Plan is designed to reclaim, rehabilitate, and revegetate the mined land. Mitigation measures have been included in the Reclamation Plan, Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and conditions of approval to minimize potentially significant impacts of the Project on the surrounding community and environment. The Reclamation Plan satisfies the City's Surface Mining and Reclamation policies set forth in Lake Elsinore Municipal Code Chapter 14.04. The Project Site is presently vacant and undeveloped. On-site vegetation was mostly destroyed in a wild land fire in 2003. ANAL YSIS Riverside County is one of the fastest growing regions in the United States. Pacific Aggregates' available resources of quality shale-based clay material will not meet the projected future demand of the national, regional and local markets that the company serves. The Project Site contains areas of significant shale deposits which can be extracted and used by Pacific Clay in its production of brick products. Additionally, the extracted material is important for Pacific Aggregates' residual mineral usage. The Project Site will help satisfy the rising demand for certain raw materials that are needed to support the dynamic growth taking place in the Inland Empire. The following is a list of objectives that the Reclamation Plan is designed to achieve: I) To develop a clay resource that meets City of Lake Elsinore Municipal Code Chapter 14.04. 2) To secure adequate clay reserves to provide a reliable and economic source to add to Pacific Aggregates' and Pacific Clay's projected needs through the next five (5) years and to provide mined excess aggregate fill material and crushed rock for local and regional construction activities. 3) To develop a mining operation that is relatively close to Pacific Clay brick production facility (3 miles to the north of the Project Site) and has discreet direct access to a major 1-15 trucking transportation corridor so ACENDA ITEM NO. ~ PAGE-5-~_OF 5() REPORT TO THE PLANNING COMMISSION October 3,2006 PAGE 6 that truck traffic does not pass through residential neighborhoods to deliver the mined product to its ultimate destinations. 4) To reclaim the Project Site in a way that limits off-site visual, noise, and air quality impacts. 5) To reclaim the Project Site concurrently for post-mining uses which will assist in the creation of pads suitable for commercial uses along 1-15 and provide permanent open space in the northern reclamation areas. 6) To reclaim and maintain the Project Site as necessary to eliminate hazards to public health and safety. The Reclamation Plan has been prepared pursuant to Lake Elsinore Municipal Code Chapter 14.04. The Reclamation Plan proposes design treatments to buffer proposed mining and restoration activities from neighboring residences and the high school. Setback standards set forth in the Lake Elsinore Municipal Code and conditions of approval will be used to further separate the proposed reclamation uses from neighboring uses. With the implementation of mitigation contained in the Reclamation Plan, Mitigated Negative Declaration, Mitigation Monitoring and Reporting Program, and conditions of approval, all potentially significant environmental impacts have been mitigated to a level of insignificance. ENVIRONMENTAL DETERMINATION Based upon an Initial Study conducted on the Reclamation Plan, Staff determined that the Project may have potentially significant impacts on the environment. However, after completing all technical studies, it was determined that, with appropriate mitigation, all potentially significant effects could be mitigated to a level of insignificance. Therefore, it was determined that the appropriate environmental document for the Project is a mitigated negative declaration. The proposed Mitigated Negative Declaration No. 2006-06 has been prepared pursuant to California Public Resources Code Section 21080.1 and Article 6 of the California Environmental Quality Act ("CEQA") Guidelines (14 C.C.R. ~~ 15000 et seq.). Pursuant to CEQA Guidelines Section 15073, Mitigated Negative Declaration No. 2006-06 was submitted to the County Clerk of Riverside County on May 8, 2006 for a 30-day public review period. jo\I"jENDA ITEM NO. ~ PAGE b _OF SO REPORT TO THE PLANNING COMMISSION October 3, 2006 PAGE 7 The Project Site is exempt from the provisions of the Western Riverside County Multi Species Habitat Conservation Plan pursuant to the terms of a settlement agreement between Castle & Cooke and the County of Riverside. The Project does not conflict with the environmental plans or policies of other jurisdictions. RECOMMENDA TION It is recommended that the Planning Commission adopt Resolution No. 2006-_ approving Mitigated Negative Declaration No. 2006-06; adopt Resolution No. 2006-_ approving MSHCP Consistency, and adopt Resolution No. 2006-_ approving Reclamation Plan No. 2006-01. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. Please note that pursuant to Lake Elsinore Municipal Code section 14.04.070, action taken by the Planning Commission on the Reclamation Plan is final unless appealed to the City Council. Any person wishing to file an appeal on the Planning Commission's decision must do so within five (5) days of the Planning Commission's decision. PREPARED BY: KIRT A. COURY, PROJECT PLANNER APPROVED BY: (blYl Rolfe M. Preisendanz, Director of Community Development --------- ATTACHMENTS 1: Resolution No. 2006-_ approving Mitigated Negative Declaration No. 2006-06 2: Resolution No. 2006-_ making Findings that the Project is Exempt from the Multi Species Habitat Conservation Plan (MSHCP) 3: Resolution No. 2006-_ approving Reclamation Plan No. 2006-01 4: Conditions of Approval AGENDA ITEM NO. ~ PACE L ~~o,: 5 () - REPORT TO THE PLANNING COMMISSION October 3,2006 PAGE 8 5: Exhibits "A": Vicinity Map "B": Location Map "C": Site Plan "D": Reclamation Plan "E": Mitigated Negative Declaration No. 2006-06 "F": Mitigation Monitoring and Reporting Program (MMRP) "G": Department of Conservation letter dated March 20, 2006 and City's responses thereto ACENDA ITEM NO. PAC~~.", '8 ~ OF SO RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION NO. 2006-06 WHEREAS, Pacific Aggregates, Inc. has filed an application with the City of Lake Elsinore requesting review and approval of Reclamation Plan No. 2006-0 I for a 211.40 acre site located on the east side of the 1-15 Freeway at the Nichols Road intersection and commonly identifiable as APNs 389-200-015, -023, and -024 (the "Project"); and WHEREAS, the standards and requirements of the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines apply only to discretionary projects, which are defined in CEQA Section 21065 as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, the Project is a discretionary project within the meaning of Section 21065 of CEQA because it involves extensive reclamation activities which may cause both a direct and indirect physical change in the environment and no reclamation activities may begin on the Project site until the Planning Commission approves the Reclamation Plan for the Project; and WHEREAS, an Initial Study was conducted on the Project and revealed that the Project may have potentially significant environmental impacts; and WHEREAS, pursuant to CEQA Guidelines 15070-15075, it was further determined that all potentially significant environmental impacts could be mitigated to a statistical level of insignificance and that it was appropriate to prepare Mitigated Negative Declaration No. 2006-01 to address the environmental impacts of the project; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on October 3, 2006. AGENDA ITEM NO. PAGE ~ ~ OF 50_ PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F3 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 Project and has found it acceptable. The Planning Commission finds and determines the Project is consistent with the Lake Elsinore Municipal Code and determines that Mitigated Negative Declaration No. 2006-06 is adequate and prepared in accordance with the requirements of the CEQA and the CEQA Guidelines. SECTION 2. That in accordance with CEQA and the CEQA Guidelines, the Planning Commission makes the following findings for the approval of the Mitigated Negative Declaration No. 2006-06: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review. would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. The applicant and city worked closely with representatives of South Coast Air Quality Management District ("South Coast") to address potential degradation of air quality. South Coast's comments to the Mitigated Negative Declaration were integrated into the Project design. The applicant has made revisions to the project and has agreed to specific conditions which mitigate the potentially significant environmental effects of the Project to a level of "less than significant. " 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. Pursuant to the evidence received in light of the whole record, the Project will not have a significant effect on the environment considering the Mitigation Monitoring and Reporting Program, the Habitat Mitigation and Monitoring Plan, and the conditions of approval. 3. The Reclamation Plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from AGENDA ITEM NO. ~ PAGe---.l.9-.0F So PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F3 reclamation of the surface mining operations are mitigated to the maximum extent feasible. Mitigated Negative Declaration 2006-06, the corresponding Mitigation Monitoring and Reporting Program, and the corresponding conditions of approval mitigate all environmental effects to a statistical level of insignificance. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: Michael O'Neal, Chairman Lake Elsinore Planning Commission AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. ~ PAGE ,\ OF SO RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IDENTIFIED AS RECLAMTAION PLAN NO. 2006-01 IS EXEMPT FROM THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pacific Aggregates Inc., has submitted an application for Reclamation Plan 2006-01, located on the east side of the 1-15 Freeway at the Nichols Road intersection and commonly identifiable as APNs 389-200-015,-023, and -024 (the "Project"); and WHEREAS, Pacific Clay Products, Inc., Castle & Cooke Lake Elsinore Outlet Centers, Inc., Castle & Cooke Corona, Inc., Gateway Business Park, LLC, and Murdock Alberhill Ranch Limited Partnership, (collectively "Owner") entered into that certain settlement agreement and memorandum of understanding (the "Settlement Agreement") with the County of Riverside on February 24, 2004, which exempts and excludes all of the Owner's properties (including present and future uses and development of Owner's properties) from the MSHCP for all purposes; and WHEREAS, the Project site is owned by Castle & Cooke Lake Elsinore Outlet Centers, Inc. and is covered by the terms of the Settlement Agreement and is therefore exempt from the requirements of the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. SS 15000 et seq.), Mitigated Negative Declaration No. 2006-01 and the corresponding Mitigation Monitoring and Reporting Program have been prepared to mitigate environmental impacts resulting from the Project to a level of insignificance; and WHEREAS, public notice of the Project 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 October 3, 2006. ACENDA ITEM NO. 1 PAGE )~ OF 50 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F2 NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission acknowledges the Settlement Agreement which exempts and excludes this Project from the requirements of the MSHCP for all purposes. Because the Project is exempt from the MSCHP, the Planning Commission takes no further MSHCP action with regard to this Project. SECTION 2. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development ~ ACENDA iTEM NO. PAGE_ \~ OF 50_ RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RECLAMATION PLAN NO. 2006-01 WHEREAS, Pacific Aggregates, Inc. has filed an application with the City of Lake Elsinore requesting approval of Reclamation Plan No. 2006-01 for a 211.40 acre site located on the east side of the 1-15 freeway at the Nichols Road intersection and commonly identifiable as APNs 389-200-015, -023, and -024 (the "Project"); and WHEREAS, pursuant to Chapter 14.04 of the Lake Elsinore Municipal Code, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and approving, conditionally approving, or denying Reclamation Plans; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code SS 21-000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. SS 15000 et seq.), Mitigated Negative Declaration No. 2006-06 and the corresponding Mitigation Monitoring and Reporting Program were prepared to mitigate any potentially significant environmental effects of the Project to a statistical level of insignificance; and WHEREAS, public notice of the Project 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 October 3, 2006. 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 and reviewed the Project and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with the Lake Elsinore Municipal Code and the provisions of the state Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code SS 2710 et seq.: "SMARA"). ~ ACENDA lTEM NO. PAce ,~ Of 50 - PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 2 OF 6 SECTION 2. That in accordance with Chapter 14.04 of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Reclamation Plan No. 2006-01: 1. The granting of the permit or approval of the plan will not be detrimental to the public health, welfare or safety or injurious to the property in such zone or vicinity. Approval of the Reclamation Plan will not be detrimental to the public health, welfare or safety or injurious to neighboring properties given that the Reclamation Plan was designed to minimize exposure of the mining and reclamation activities to the public. The Project design encourages concentration of mining and reclamation activities within the inner-most boundaries of the Project site and requires set backs consistent with the Lake Elsinore Municipal Code. The Project has been conditioned to comply with the Lake Elsinore Noise Ordinance and is subject to all enforcement provisions of the Lake Elsinore Municipal Code. In addition, the potentially significant environmental effects of the Project have been analyzed and have been mitigated to a statisticalleve! of insignificance pursuant to Mitigated Negative Declaration 2006-06 and the corresponding Mitigation Monitoring and Reporting Program. 2. The Reclamation Plan complies with SMARA ~ 2772 and ~ 2773, and any other applicable provisions. Reclamation Plan 2006-01 contains all of the required elements outlined in SMARA S 2772. The Reclamation Plan identifies the name and address of the surface mining operator, the quantity and type of minerals to be extracted, proposed initiation and termination dates, maximum anticipated depth of surface mining operation, maps describing the topographic details of the Project, a time schedule for mining operations, a description of proposed use or potential uses after reclamation, a description of reclamation, and an assessment of the effect of implementation of the plan. Additionally, Reclamation Plan 2006-01 complies with the standards set forth in SMARA S 2773 because the Reclamation Plan was drafted and tailored specifically to the Nichols Canyon Mine property. ACENDA ITEM NO. :;A PAGE ,) OF Su PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F6 3. The Reclamation Plan complies with applicable requirements of State regulations (14 C.C.R. SS3500-3505, and SS 3700-3713). Reclamation Plan No. 2006-01 was reviewed pursuant to the State Mining and Geology Board reclamation regulations. Title 14 of the California Code of Regulations, Section 3502 identifies six elements which shall be discussed in a Reclamation Plan. Those six elements include: the environmental setting of the site, the public health and safety, the designed steepness and proposed treatment of mined lands' final slopes, areas mined to produce additional material for backfilling and grading, disposition of old equipment, and temporary stream or watershed diversion. Reclamation Plan No. 2006-01 extensively discusses each of these elements. The Reclamation Plan is designed to minimize impacts to the surrounding community and environment. The Reclamation Plan satisfies all of the provisions of the City's Surface Mining and Reclamation Chapter (Lake Elsinore Municipal Code Chapter 14.04), which is the City's implementation of SMARA. 4. The Reclamation Plan and potential use of reclaimed land pursuant to the plan are consistent with the Chapter 14.04 and the City's General Plan all other applicable provisions of the Lake Elsinore Municipal Code. According to the Lake Elsinore General Plan Land Use Element, the City is experiencing significant growth opportunities in terms of new development and redevelopment. A majority of the City's acreage is under construction, approved for construction, or is planned for development. The Land Use Element encourages future urbanization while preserving the environmental characteristics which contribute to a quality of life that attracts residents to the community. Approval of Reclamation Plan 2006-01 assists the City's development goals and intent of the Land Use Element by encouraging the extractive industry and enabling production of necessary raw materials to sustain future development within the City and surrounding areas. The Reclamation Plan is also consistent with the terms of the Open Space Element of the General Plan. The primary focus of the Open Space Element is to encourage conservation, protection and proper management of natural resources within the City. The purpose of the Reclamation Plan is to reclaim, rehabilitate, and revegetate areas that have been disturbed by mining activities. ACENDA ITEM NO. 1 PACE \ b OF SO PLANNING COMMISSION RESOLUTION NO. 2006- PAGE40F6 Indeed, a substantial number of acres of the reclaimed land will be reserved for open space designation throughout the reclamation process. Finally, the Project has been reviewed pursuant to the Lake Elsinore Municipal Code Chapter 14.04 and is consistent with the standards set forth therein. 5. The Reclamation Plan has been reviewed pursuant to CEQA and the City's environmental review guidelines, and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible. Pursuant to the CEQA and the CEQA Guidelines, Mitigated Negative Declaration No. 2006-06 and the corresponding Mitigation Monitoring and Reporting Program were prepared for the Project. Implementation of the mitigation contained in those documents will reduce any potentially significant environmental effects of the Project to a statistical level of insignificance. 6. The land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible with, and blends in with, the surrounding natural environment, topography, and other resources, or that suitable off-site development will compensate for related disturbance to resource values. The Project lies within the Alberhill Ranch Specific Plan and is subject to the zoning requirements set forth therein. The Alberhill Ranch Specific Plan zones the 211.40 acre site for both commercial and open space uses. The grading plan and anticipated schedule of revegetation set forth in the Reclamation Plan are consistent with the underlying zoning designations and encourage maximum use of the property. Any disturbance to the land or other natural resources caused by mining activities will be rehabilitated pursuant to the terms of the Reclamation Plan. The City Engineering Division has conditioned the Project to maintain finished slopes of 2H: 1 V, which is consistent with engineering industry standards. Such slopes can safely abut commercial uses and are less likely to fail when compared to steeper slopes. In addition, the vegetation palette includes native plants which will encourage the establishment and proliferation of other native species. ACENDA ITEM NO. PACE \ \. ~ OF 50 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 5 OF6 7. The Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan. Reclamation Plan 2006-01 is designed to comply with the City's Surface Mining and Reclamation policies set forth in the Lake Elsinore Municipal Code Chapter 14.04 and the Alberhill Ranch Specific Plan Amendment No.3. Reclamation of the mined lands will result in approximately 98.48 acres of flatly graded land which is commercially zoned under the Alberhill Ranch Specific Plan Amendment No.3. This commercially zoned property affronts the 1-15 freeway and Nichols Road, which is a prime commercial corridor within the City. The approximate 98.48 acres will be restored to support future open space and commercial uses. 8. A written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by that Department. Where the City's position is at a variance with the recommendations and objections raised by the State Department of Conservation, said response shall address, in detail, why specific comments and suggestions were not accepted. On March 20, 2006, the City of Lake Elsinore Planning Department received comments from the Department of Conservation regarding the Nichols Mine Reclamation Plan. Comments identified in that letter have been incorporated into the Final Reclamation Plan and will be forwarded to the Department of Conservation. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PACE \ i ~ OF 50 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE60F6 PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. ~ PAGE \~ OF 50 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 GENERAL CONDITIONS 1. Pacific Aggregates, Inc. (the "Applicant") shall defend, indemnify, and hold harmless the City, its officials, officers, consultants, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. Applicant shall enter into a pre-dispute indemnity agreement with the City within 30 days after project approval. PLANNING DIVISION 2. Approval of the Reclamation Plan will lapse and be void unless reclamation activity is initiated within one (1) year after the completion of mining activity as provided in the Reclamation Plan (phase 4). The Applicant may request from the Planning Commission an extension of time on the Reclamation Plan so long as the request is submitted to the Planning Department at least one (1) month prior to the expiration of the originally approved Reclamation Plan. The Planning Commission shall consider the extension request at a public hearing. No extension of time shall exceed a period of one (1) year. 3. All conditions of approval shall be reproduced in Appendix C of the Reclamation Plan within fifteen (15) days after approval by the Planning Commission. The Applicant shall sign and complete an "Acknowledgement of Conditions" form within 30 days of approval of the Reclamation Plan by the Planning Commission and shall return the executed original to the Planning Division for inclusion in the case records. 4. All site improvements approved with this request shall be constructed as indicated on the approved Reclamation Plan. Revisions to approved plans shall be subject to the review and approval of the Planning Commission except as otherwise noted in these conditions. 5. Structures shall be placed on-site as depicted on the Reclamation Plan Figure 8A. The Community Development Director or Designee may approve minor modifications to the placement of structures on-site. ACENDA ITEM NO. 'PACE ciO OF SO ~ CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 6. Landscaping. Landscaping shall be undertaken consistent with the standards set forth in the Reclamation Plan, the Habitat Mitigation and Monitoring Plan, and the mitigation measures contained in the Mitigated Negative Declaration. 7. The proposed project shall comply with the zoning and development standards identified in the Alberhill Ranch Specific Plan and corresponding amendments thereto. 8. Truck Maintenance. All trucks exiting the Nichols Mine project site shall be washed and rattled to prevent materials from spilling onto adjacent roads and streets. 9. The Applicant shall submit a temporary wall and fence plan for screening purposes subject to the review and approval of the Community Development Director or Designee. 10. The Applicant shall place a weatherproof 3 'x3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operations of the mining project be lodged with the City of Lake Elsinore Code Enforcement Division, which can be reached at (951) 674-3124. ENVIRONMENTAL PLANNING 11. Air and Water Pollution. All operations shall be conducted in compliance with the rules, regulations, and requirements of the South Coast Air Quality Management District and the State Water Quality Control Board. Applicant shall provide to the Community Development Director or Designee a copy of any and all permits secured on behalf of the Applicant from either South Coast Air Quality Management District and/or the State Water Quality Control Board. 12. Noise Suppression. A. All equipment and premises employed in conjunction with any of the uses identified in the Reclamation Plan shall be constructed, operated and maintained in accordance with Lake Elsinore Municipal Code Section 17.78. AGENDA ITEM NO. J... PACE ~\ OF SO CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 B. Those standards for noise suppression, set forth in Chapter 17.78 of the LEMC, which apply to construction activities shall apply to activities undertaken pursuant to the Reclamation Plan. C. The project shall not exceed the maximum permissible sound levels by receiving land use set forth in Chapter 17.78 Section .060 of the Lake Elsinore Municipal Code. During those times not restricted in Section 17.78.060 of the Lake Elsinore Municipal Code, the project shall not exceed an exterior noise standard of 60 dB Ldn at the outer project boundary adjacent to residential and other sensitive land uses. D. The Applicant shall submit a "Noise Control Plan" identifying anticipated operating noise levels at the outer project boundaries. The Noise Control Plan shall ensure adequate operating noise control measures through the provision of mufflers and the physical separation of machinery and maintenance areas from adjacent residential uses and other sensitive land uses. The Noise Control Plan shall be subject to the review and approval of the Community Development Director or Designee. 13. Hours of Operation. The Applicant shall limit mining and reclamation operations to the hours of 7 :00 a.m. to 7 :00 p.m., Monday through Friday. No mining or reclamation operations shall occur on Legal Holidays. 14. Light. 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. 15. Biology/Habitat Mitigation and Monitoring Plan A. Nesting Surveys. The Applicant shall conduct pre-grading nesting bird surveys in any areas where earth-moving is to occur within the nesting season (February 1 through August 31), and in areas where there is sufficient habitat to promote nesting. B. Revegetation. Per the revegetation efforts, the Applicant shall hydro- seed the re-created slopes with a native erosion control seed mix as well as include native trees and shrubs from container plantings. Further, the Applicant shall plant a native wildflower mix on the AGENDA ITEM NO. ~ PACE ~~~OF SO CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 lower elevations within the pad areas. C. Irrigation. Once hydro-seeding has occurred, the Applicant shall be responsible for supplying sufficient irrigation to adequately germinate and establish the applied seed, particularly during the first winter and spring following planting. The container stock shall be irrigated as long as necessary to establish the root systems in the native soils, possibly as long as one to two years. Areas where inadequate seed establishment has taken place shall be re-sprayed or re-seeded within 30 days of identifying the inadequacy. D. Plant Replacement. The Applicant shall be responsible for replacing any dead or terminally diseased plants until the final success criteria have been met. The replacement plants shall be of the same species, size, and spacing as those plant species being replaced. E. Non-Native Plants. The Applicant shall initially remove all non- native. invasive species on the reclamation site. No area shall be allowed to have more than twenty percent (20% )of the ground cover provided by non-native plants. If inspections reveal that non-native plants are becoming established on the reclamation site, removal shall immediately be initiated. F. Monitoring and Performance Criteria. The Applicant shall follow the vegetation monitoring procedures, and achieve the target functions and values as described the Habitat Mitigation and Monitoring Plan (HMMP). Further, the Applicant shall meet the "density performance criteria" as identified in Table 9 of the HMMP. In five years, should the vegetation not sufficiently be established to meet the final success criteria, vegetation monitoring shall be conducted until the success criteria have been met for a minimum of two years without human intervention. G. Final Success Criteria. When the five-year monitoring period is complete, if all performance standards have been met, the Applicant shall request written confirmation from the City of Lake Elsinore and California Department of Conservation, Office of Mine Reclamation verifying final success criteria have been met. For each year in which the Applicant fails to meet the performance standards, one (1) ,A.GENDA ITEM NO. ~ PAGE ~) Of SO CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 additional year of re-vegetation and monitoring shall be required using the same performance criteria as listed for year five. At the City of Lake Elsinore's and California Department of Conservation's, Office of Mine Reclamation discretion, if the final success criteria are not met, the Applicant shall prepare an analysis of the cause(s) of failure(s) and propose remedial actions for approval. H. Performance Extension. If substantial non-compliance with the performance and/or final success criteria occurs, the Applicant will consult the City of Lake Elsinore and California Department of Conservation, Office of Mine Reclamation to determine whether corrective measures and an extension of the five-year monitoring period will be necessary. I. Reporting. At the end of each of the five monitoring period growing seasons, an annual report shall be prepared for submittal to the City of Lake Elsinore and California Department of Conservation, Office of Mine Reclamation. by June I st of each year for the duration of the monitoring period. These reports shall assess both attainment of yearly target criteria and progress toward final success criteria, as well as any revisions to the approved Reclamation Plan. These reports shall include the survival of tree and shrub container stock. The number of species of plants replaced, an overview of the mitigation effort, the method used to assess these parameters, and photos from designed photo stations shall also be included. J. Contractor Education. Prior to the commencement of grading or any construction work, the Applicant shall provide all contractors involved with copies of the Reclamation Plan, Mitigation Monitoring and Reporting Plan, Habitat Mitigation and Monitoring Plan, and the Conditions of Approval. The Applicant shall educate the contractors on all aspects of these documents, including but not limited to site protection, maintenance inspections, landscape procedures and monitoring. Copies of all of these documents shall be kept on-site at all times. K. Access Control. The Applicant shall delineate the service access routes to keep the contractors within these routes as well as prevent ACENDA ITEM NO. ~ PAGE ~u. OF 50 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 them from entering sensitive or recently reclaimed areas. L. Water Quality. No debris, soil, silt, sand, rubbish, cement or concrete or washings thereof, oil or petroleum products or washings thereof, shall be allowed to enter into or be placed in a manner where it may be washed via rainfall or run-off into local creeks. Further, the Applicant shall comply with the requirements of NPDES by implementing a SWPPP that incorporates BMPs and a Spill Prevention, Control and Counter-measure Plan (SPCC) throughout the operation of all reclamation activities. M. Clean Up. All clean-up operations shall be conducted within one year of the termination of mining. Scrap material, refuse, unwanted equipment, and surplus materials shall be removed and disposed of at an appropriate landfill site. 16. The Applicant shall comply with all mItIgation and recommendations identified in both the Mitigation Monitoring Program and the Habitat Mitigation and Monitoring Program and which accompany Mitigated Negative Declaration No. 2006-06. ENGINEERING DIVISION 17. The Applicant shall provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site conditions. 18. The slope on the north and east sides of the project shall be improved with long-term erosion control planting. 19. Sight distance for ingress/egress at all driveways shall meet CalTrans standard for site distance. 20. Parking shall not be allowed on Nichols Road. 21. Provide for on-site loading and unloading of inventory. 22. Public Works requirements identified in the approved Reclamation Plan shall be complied with as a condition of the Reclamation Plan. ACENDA ITEM NO. ~ PACE ~S OF 50_ CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 23. All temporary access private roadway improvements shall be installed prior to the export of on-site material. 24. The Applicant shall pay any required plan review and site inspection fees. 25. Applicant shall acquire off-site easements as needed. 26. Prior to the export of on-site material, the Applicant shall install a city standard public street light-at the project entrance subject to the review and approval of the City Engineer. 27. Prior to the export of on-site material, the Applicant shall submit a traffic control plan showing all traffic control systems for the project to be approved by the City Engineer or his/her Designee. All traffic control systems shall be installed prior to export of on site material. 28. Approval of the Reclamation Plan shall constitute conceptual grading plan approval. 29. All soils, geology and seismic reports are contained in the Reclamation Plan and shall be reviewed and approved by the City Engineering Division prior to the export of on-site material. 30. Slopes of Excavations. No production from an open pit quarry shall be permitted which creates a post mining slope steeper than two foot (2') horizontal to one foot (I ') vertical. Provided, however, that a steeper slope may be permitted during mining operations where soil content or material is such that a vertical-cut excavation is safe in the opinion of the Division of Industrial Safety, Department of Industrial Relations of the State of California and such opinion shall be memorialized in writing and submitted to the City for approval by the City Engineer. 31. All grading for reclamation purposes shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to 1 shall be approved by the City Engineer for stability and proper erosion control prior to the export of on-site material. All manufactured slopes greater than 30 feet in height shall comply with City Standards requiring a six foot (6') bench for every 30 AGENDA ITEM NO. ~ PACE ~~ OF 50_ CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGA TIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 vertical feet of slope. Said slopes shall be re-Iandscaped in accordance with the Reclamation Plan Habitat Mitigation and Monitoring Plan. 32. Prior to the export of on-site material, the Applicant shall provide 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. 33. Individual lot drainage shall be conveyed to a detention/treatment facility as depicted in the Reclamation Plan. 34. All natural drainage traversing the site shall be conveyed through the site, or shall be collected, conveyed and released consistent with historic flows and patterns as described in the approved Reclamation Plan. 35. Applicant .shall satisfy all requirements of Lake Elsinore Municipal Code Section 15.64 regarding flood hazard regulations. 36. Applicant shall satisfy all requirements of Lake Elsinore Municipal Code Section 15.68 regarding flood plain management. 37. Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer. Applicant shall mitigate any flooding and/or erosion caused by reclamation of the site and diversion of drainage consistent with standards established by the Riverside County Flood Control District. 38. Private storm drain inlet facilities shall be appropriately marked to prevent illegal dumping in the drain system consistent with the standards established by the Santa Ana Regional Water Quality Control Board. 39. Historic flow patterns & rates shall be preserved. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be installed. AGENDA I~NO. ~ PACE -ell OF SO CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 40. In the event historic storm flows are exceeded or reduced, the Applicant shall submit a drainage acceptance letter from adjacent downstream property owner(s) for out-letting the proposed storm water run-off on private property prior to discharge of storm water run-off. 41. Applicant shall install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. The operator shall prevent trackout onto public highways. If trackout occurs, the operator shall take preventative and remedial measures immediately. (Hardy's suggestion is that Condition #'s 39, 40, 41, and 42 are duplicated with condition #65; can we combine or eliminate one set?) 42. The Applicant shall comply with State Law and provide a SWPPP for construction and post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. The owner operator can comply by submitting a "Notice of Intent" (NOI), develop and implement a Storm Water Pollution Prevention Plan (SWPPP) a monitoring program and reporting plan for the surface mine site. 43. Education guidelines and BMP's shall be provided to employees of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on best construction and operation 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. 44. Applicant shall construct the storm water detention facility per the Reclamation Plan and utilize BMP's that will reduce storm water erosion the temporary Reclamation Plan areas. 45. At the time the county adopts, as part of any ordinance, regulations specific to the N.P.D.E.S., this project (or subdivision) shall comply with them. 46. All on-site Roads and Driveways. BMPS, established by the South Coast Air Quality Management District, shall be implemented and all roads and driveways shall be kept wet while being used or shall be treated with oil, asphaltic concrete or concrete, or other palliative to prevent the emission of dust. ACENDA ITEM NO. ~ PAGe J.~ OF 50 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 47. Access Roads. All private access roads leading off any paved public street onto the Nichols Mine project site shall be paved to a minimum width of twenty four feet (24') with asphaltic concrete or an equivalent material approved by the City Engineer or Designee, not less than three inches in thickness with adequate compacted base material for not less than the first one hundred feet (100') of said access road. 48. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). A special limited use easement must be recorded to limit the slope, type of landscaping and wall placement to preserve adequate site distance. 49. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 50. Existing access easements over property must be addressed to the satisfaction of the affected owners prior to export of on-site material. 51. In accordance with the City's Franchise Agreement for waste disposal and recycling, the Applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 52. The City of Lake Elsinore contracts with Riverside County for mining inspection and compliance. All applicable fees for inspection with respect to the mining operation shall be paid directly to Riverside County Building and Safety Mining Division. Copies of these documents shall be provided to the Engineering Division for the City of Lake Elsinore to be kept in the project files. COUNTY OF RIVERSIDE MINING AND RECLAMATION CONDITIONS 53. Safety Berm. A four (4) foot, minimum vertical height, safety berm, shall be installed at the top of all cut/fill slopes at least three (3) feet in width. ACENDA ITEM NO. ~ PAGE ~~ OF 50 CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 54. Benches & Slopes A. During the Reclamation operation, benches and slopes shall be installed according to the approved Reclamation Plan. B. Working slopes below benches shall not be steeper than IH:IV. Finished slopes shall not exceed 2H: 1 V. 55. Signage A. Signs shall be installed at the top of all manufactured slopes (cut or fill), at intervals not greater than 100 linear feet. B. Each sign shall read "DANGER" "OPEN PIT MINE" "STEEP SLOPE". Signs shall be at least 18" X 18" square with contrasting background to lettering. (i.e.: white background and black lettering). C. Perimeter signs around the approved Reclamation Plan or Surface Mine boundaries shall be installed with contrasting lettering/background warning of "DANGER" "KEEP OUT" and "MINERAL RESOURCE ZONE" or "SURFACE MINING OPERATION". 56. Trash & Debris Removal. The parcel(s) where the mine is located shall be kept free of trash (including old tires) and other debris. There shall be no importing of recyclable materials or construction debris without a specific permit for that activity. 57. Contractor Equipment Storage. All non-mining equipment must be stored in a designated area permitted for "Contractor Storage." A "Contractor Storage" permit must be obtained from the Planning Department prior to storage of any non-mining equipment. 58. Vehicle Storage. There shall be no storage of passenger vehicles, campers, travel trailers or other personal property that is not related directly to the mining of minerals at this site. ACENDA ITEM r~o. ~ PAGE 30 OF SO CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INe., APN(s) 389-200-015, 023 & 024 59. Temporary/Portable Office. Temporary/portable office trailers are permitted provided they are installed after a building permit is obtained. Other structures for night watchman security must be installed or constructed by building permit. 60. Importing Concrete & AC. There shall be no importing and/or storage of used concrete, asphalt or other inert construction materials for recycling without the specific approval of the Planning Division. 61. Importing/Storing of Vegetation. There shall be no importing and/or storage of any cut vegetation without specific approval of the Planning Division (Environmental). 62. Annual Financial Assurance Review. A. Each year after the 1 st year of land disturbed under the Reclamation Plan, the Applicant shall review the financial assurance on file with the City of Lake Elsinore. B. The Applicant shall submit a written report to the Engineering Division indicating any changes to disturbed land or other conditions that could increase or decrease the amount of financial assurance. This report shall also indicate the financial assurance has been reviewed and include a new cost estimate if needed as described below. C. After the financial assurance review, if the total dollar amount indicates an increase or decrease of more or less than five (5) percent of the financial assurances on file, the Applicant shall submit a new cost estimate to the Engineering Division taking into consideration all information addressed in the California Resources Code section 2773.1 (a) (3) using the forms provided by the California Department of Conservation's internet web site. D. At least every five (5) years after the initial land is disturbed, the Applicant must submit a new cost estimate taking into consideration all information addressed in the California Resources Code section 2773.1 (a) (3) using the forms provided by the California Department of Conservation's internet web site. ACENDA ITEM NO. ~- PAGE_ 3\ OF 50_ CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 63. Property Line Setbacks. There shall be a graded setback from all property lines of not less than 10 feet from all cut/fill slopes per the approved Reclamation Plan. 64. In all other areas within the boundaries of the Nichols Mine, the provisions of Lake Elsinore Grading Ordinance shall be followed unless modified by these conditions. 65. Building/Grading Permits. The provisions of the City of Lake Elsinore Grading Ordinance shall be enforced for all construction within the Nichols Mine project site boundaries unless specifically regulated by another approved condition of the Reclamation Plan. 66. Annual Report Information. The Applicant shall submit to the Engineering Division with the annual report the following information: A. Indicate mine proximity to the permit boundaries by topography; B. Indicate maximum depth of excavated areas; C. Provide quantity in cubic yards and tons of materials mined during the reporting period; D. Certify all excavated areas are within the limits of the vested Surface Mining Permit and RP 112 issued by the County of Riverside, and the Reclamation Plan approved by the City of Lake Elsinore; E. Provide data indicating any reclaimed land during the reporting period; F. A certified engineering geologist or geotechnical engineer shall inspect all excavated slopes within the permitted boundaries (active or inactive) for slope stability. The Applicant shall provide to the City Engineer a copy of the inspection report. G. NOTE: At least every three years of operation, the Applicant shall provide to Engineering, aerial topography showing incremental and ACENOA ITEM NO. ~ PACe 3~ OF SO 1 T CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGATED NEGA TIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 total changes to excavations. This will include cross-sectional maps showing berms, slope angles and benches of all excavations. 67. Public Improvements that require grading, filling, over excavation and recompaction, and base or paving which requires a grading permit, are subject to the included Engineering Division's conditions of approval. Furthermore, all Reclamation Plan grading shall conform to the approved Reclamation Plan. 68. NPDES/SWPPP. The Applicant shall provide to the Engineering Division evidence of compliance with the following: "Effective March 10, 2003 owner operators of grading or construction projects are required to comply with the N.P.D.E.S. (National Pollutant Discharge Elimination System) requirement to obtain coverage under the general industrial permit from the State Water Resource Control Board (SWRCB). The permit requirement applies to grading and construction sites of one acre or larger. 69. Geotechnical/Soils Reports. All grading shall be in conformance with the recommendations of the geotechnical/soils reports as approved by the City Engineer and as integrated into the Reclamation Plan. 70. Max Slope Ratio. Graded slopes shall be limited to 2H: 1 V unless otherwise approved by the City Engineer. 71. Slope Stability Analysis. A slope stability report shall be submitted in the annual report to the City Engineer. 72. Drainage Design QI00. Any public drainage facilities shall be designed in accordance with Riverside County Flood Control & Water Conservation District's standards, and shall at a minimum, accommodate 100-year storm flows. Additionally, Engineering Division conditional approval of this application includes an expectation that the Reclamation Plan reviewed and approved complies with any WQMP (Water Quality Management Plan) required by the Regional Water Quality Control Board for urban development pollutants. 73. Minimum Drainage Grade. Minimum drainage grade shall be I % except on portland cement concrete where 0.5% shall be the minimum. ACENDA ITEM NO. ~ PACE 3:S OF sn CONDITIONS OF APPROVAL FOR RECLAMATION PLAN NO. 2006-01, AND MITIGA TED NEGATIVE DECLARATION NO. 2006-06 PACIFIC AGGREGATES, INC., APN(s) 389-200-015, 023 & 024 74. Slope Setbacks. All excavated or graded slopes shall have setbacks from buildings and property lines per the standards contained in the Reclamation Plan. 75. Private Roads. Construction of a private road shall conform to the approved Reclamation Plan. 76. Update Financial Assurance. Prior to approval of the Reclamation Plan, a Financial Assurance cost estimate must be submitted to meet current mining activity and conditions. The information contained therein shall consider reclamation standards in use today as well as costs reflecting inflation factors for the end of the project. 77. NOTE: At least every three years of operation, the Applicant shall provide the City of Lake Elsinore Engineering Division with aerial topography showing incremental and total changes to excavations. This will include cross-sectional maps showing berms, slope angles and benches of all excavations. ACENOA ITEM NO. ~ " PAOE :>~_OF 5'0 ALBERHILL \ (' '} ~ Local Vicinity Map -. "- I -', I / I "...., I [10................. ................ ....-............ ......-......... .-............... ................ ................. ................ ................. ............... ~ EXISTING LAKE ELSINORE OUTLET CENTER EXISTING PHASES "-IV PROJECT SITE ~~G_JlJJ CITY LIMITS ALBERHILL RANCH SPECIFIC PLAN, BOUNDARY PROJECT SITE LJ-\}<E: LAKE ELSINORE "A" EXHIBIT _ No Sca~SNDAI LOCATION MAP RECLAMATION PLAN 2006-01 MITIGATED NEGATIVE DECLARATION 2006-06 b PROJECT SITE ~ 1-- -- PLANNING COMMISSION OCTOBER 3, 2006 EXHIBIT \, 8 " "I ACENOA lTEM NO. ~ ". PAce.-3..b-OF ~ 0 ~ STATE OF CALIFORNIA. RESOURCES AGENCY ARNOLD SCHWARZENEGGER, GOVERNOR DEPARTMENT OF CONSERVATION OFFICE OF MINE RECLAMATION 801 K STREET . MS 09-06 . SACRAMENTO, CALIFORNIA 95814 PHONE 916/323-9198 . FAX 916/322-4862 . TOO 916/324-2555 . WEB SITE conservation.ca.gov March 20, 2006 Rolfe M. Preisendanz Director of Community Development City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. Preisendanz: Pacific Aggregates, Inc. Nichols Canyon Mine Reclamation Plan The Department of Conservation's Office of Mine Reclamation (OMR) has reviewed the reclamation plan and financial assurance cost estimate (Cost Estimate) for Pacific Aggregates Inc.'s Nichols Canyon Mine. The applicant is proposing to mine 11,000,000-12,000,000 tons of shale, clay, and aggregate from approximately 121.64 acres of a 211.40-acres site located in the northern part of the City of Lake Elsinore. The applicant estimates that approximately 4,000,000 tons of material will be removed annually. ==---== The Surface Mining and Reclamation Act of 1975 (SMARA) (Public Resources Code section 2710 et seq.) and the State Mining and Geology Board regulations for surface mining and reclamation practice (California Code of Regulations (CCR) Title 14, Chapter 8, Article 1, section 3500 et seq., Article 9 section 3700 et seq.) require that specific items be addressed or included in reclamation plans. The following comments prepared by Will Arcand, Engineering Geologist, Karen Wiese, Plant Ecologist, and Gregory Marquis, Engineering Geologist, are offered to assist in your review of this project. We recommend that the reclamation plan be supplemented to fully address these items. Mining Operation and Closure (Refer to SMARA sections 2770, 2772, 2773, CCR sections 3502,3709, and 3713) SMARA section 2772(c)(1) requires that reclamation plans include the name and address of the surface mining operator and any person(s) designated by the operator as an agent for service of process. This information is not included in IN\:8 ~ W CWJ ~ as submitted, and should be included prior to lead agency approval 0 I!o U; 71ie (j)epartment of Conseroation's mission is to protect Californians ami tfieir en.vi nmen 6y: Protecti1l(j Hoes alui propertyfrom eartfiqua/iss and fandsriaes; 'Ensuring safe mining ana l ana gas Conseroing Ca[ifornia'sfarmIanc!; aTlaSaving energy ana resources tfirougfi re ding. MAR 2 7 2006 - ~ PAGe 4.~ I?~ EXHIBIT Rolfe M. Preisendanz March 20, 2006 Page 2 SMARA section 2772(c)(3) requires that the reclamation plan include proposed initiation and termination dates. Proposed initiation and termination dates are not clearly stated within the reclamation plan. Page 9 of the reclamation plan indicates that native plant restoration will take approximately 5 years following the initial 3 years of excavation. Table 1 (Mine Phasing Data) indicates that total years of operation will be 6 (3 years of "operations" plus 3 years of "reclamation monitoring"). Finally, Page 35 refers to the year 2013 for completion of reclamation operations. SMARA section 2772(c)(4) requires that the maximum anticipated depth of the surface mining operation be indicated in the reclamation plan. It is difficult to ascertain the depth of mining in reviewing the reclamation plan. We recommend that the depth of mining be clearly stated for all mining phases and tied to a verifiable benchmark that can be referenced in the field for compliance monitoring. . SMARA Section 2772(c)(5) requires that the reclamation plan include a map with boundaries and information pertinent to the reclamation of the site. Geologic information and the proposed location of topsoil stockpiles should be included on maps within the reclamation plan. OMR notes that a Preliminary Geotechnical Investigation and a Preliminary Slope Stability Analysis, prepared by Geotechnics Inc., have been appended to the reclamation plan. However, no figures or plates depicting geologic or geotechnical information for the proposed mining operation have been included with these reports or within the reclamation plan. Similarly, the location of topsoil stockpiles does not appear to be included on the reclamation plan maps. OMR recommends that the reclamation plan include all pertinent geologic and geotechnical maps, figures, plates, geologic cross sections for the proposed mining and reclamation area, and the location of all topsoil stockpiles should be included on the mining and reclamation maps. End land Use (Refer to SMARA section 2772, CCR sections 3707, 3708) Page 32 of the Reclamation Plan states that the proposed post-mining land uses, or future land uses will be open space and commercial use. If commercial use is an end use, then the grading plan and site compaction must comply with the City of Lake Elsinore grading specifications and the Uniform Building Code. Geotechnical Requirements (Refer to CCR sections 3502, 3704) As noted above, the Preliminary Geotechnical Investigation appended to the reclamation plan does not appear to be complete. Specifically, the Appendices and Illustrations sections of this report are not included. OMR recommends that these materials be included with the reclamation plan. AGENDA ITEM NO. "PAOe ~~ OF ~ 50 Rolfe M. Preisendanz March 20, 2006 Page 3 OMR notes that on Page 3 of the Preliminary Slope Stability Evaluation Geotechnics Inc. recommends "that mapping and engineering analysis be performed once rock exposures in the quarry become accessible." OMR concurs with this recommendation, and recommends that the reclamation plan include specific requirements for conducting supplementary slope stability analysis prior to final site grading. HydroloQY and Water Quality (Refer to SMARA sections 2772, 2773, CCR sections 3502, 3503,3706,3710,3712) In it's discussion of Erosion and Sedimentation Control the reclamation plan uses the terms "major precipitation events," "substantial erosion," and "surface instability." OMR recommends that these terms be clearly defined within the reclamation plan. Defining these terms will enable the operator to establish specific quantitative thresholds that will trigger the implementation of erosion control measures. In several instances, the reclamation plan mentions that the project will comply with national and state requirements for control of storm water runoff. OMR recommends that the lead agency require, as a condition of reclamation plan approval, that an approved California State Water Resources Control Board Industrial Storm Water General Permit be appended to the reclamation pla.n. CCR section 3706(d) requires that erosion control measures, including sediment ponds, shall be designed to handle runoff from not less than the 20-year/1 hour intensity storm event. The submitted reclamation plan maps depict the location of a rip-rap energy dissipator and several detention basins. OMR recommends that sizing design specifications for these erosion control features, which have been prepared by a qualified professional, be included in the reclamation plan. Environmental Setting and Protection of Fish and Wildlife Habitat (Refer to CCR sections 3502, 3503, 3703,3704,3705,3710,3713) The Reclamation Plan states that three sensitive plant species could occur on site. It is not clear from the information provided if focused surveys were conducted forthese species. In addition, the Reclamation Plan states that a general biological assessment was conducted over the project site on July 10, 2005. It is not clear from the data gathered in a one-day summer survey if the survey was conducted at the optimum time of the year to detect other sensitive plant and wildlife species. For many plant species, July is too late in the growing season to detected annuals or spring-flowering species that do not persist. It is not evident if a "general" biological assessment of one day is sufficient to detect the all of the sensitive species listed in the Multiple Species Habitat Conservation Plan (MSHCP). Resoiling and Revegetation (Refer to SMARA section 2773, CCR sections 3503, 3704, 3705, 3707, 3711) CCR Section 3711 establishes mandatory standards for topsoil salvage, maintenance, and redistribution. The following items must be discussed in the reclamation plan: ~ AvENDA ITEM NO. ~ . PAGE_39.,_oF- SO .- Rolfe M. Preisendanz March 20, 2006 Page 4 a. The location of the topsoil stockpile(s) must be depicted on the site map. b. The topsoil stockpiles must be signed in the field to prevent inadvertent use. c. The stockpiles will be protected from wind and water erosion by planting with an erosion control seed mix or applying a gravel mulch. Baseline vegetation data is required under CCR 3705(a) in order to evaluate the suitability of the proposed revegetation species and methods. There is a reference to such data in the text but no details are given. If such data is included by reference to a biological report, that report should be included with the reclamation plan. CCR 3705(b) requires that test plots be conducted to determine the success of the proposed revegetation measures. The reclamation plan must include the details of test plot establishment. Section 13.0 Revegetation contains the following discrepancies that must be clarified: a. It is not clear what treatments besides hydroseeding will be applied to the future development areas MR-1 through MR-4. b. The seeding method for all areas shown in Figure 9 is hydroseeding, while in the text, broadcast seeding is specified. c. Figure 9, selected native plantings of trees and shrubs are specified in the Reclamation Slope area, presumably either container stock or transplants from the site. No mention is made in the text of planting stock or methods of planting such, except a reference to "sel~cted plants" being salvaged for later replanting. d. There is no indication of which seeding and planting methods are to be used and where, and the numbers, species, etc. of planting stock to be installed. This information must be depicted on a site map. It is not clear if the proposed species provided in Table 4 occur on site. A species list for the site should be provided as part of the description of the environmental setting. Only species that occur in the area should be used in the revegetation effort. We recommend that site-specific or locally collected seed be used. Locally collected seeds are better adapted to the specific climate, aspect, soil type and hydrologic regime of the site. These adaptations will make the plants more competitive and better suited for establishment and survival. A local source is defined as being as close to the same geographic location or watershed, elevation, aspect, and soil type as the project site The use of native shrub species in the proposed seed mix is commended, however, some changes are recommended in order to improve the chances of successful revegetation. ACENOA ITEM NO. PAOE_ 4 P OF ~ 50 Rolfe M. Preisendanz March 20, 2006 Page 5 a. The following shrub species are better planted from container stock and protected from herbivores until established: manzanita, ceanothus, toyon, and holly-leaved cherry. b. The scrub oak should be planted from acorns. c. Pursuant to CCR 3705(1) protection from predation must be provided. Wire or plastic cages are commonly used to deter mammal browse. d. The species list does not include any grasses or herbaceous perennials. Grasses and herbaceous perennials are easy to establish from seed and can be useful in preventing erosion, preventing weed invasion, and blending the site with the surrounding environment during the period leading up to the eventual development of mature chaparral habitat. The species that will be used in the "native wildflowers" seed mix for the areas slated for future development are not specified in the reclamation plan. Until such development takes place, the area should be protected from wind and water erosion by seeding, which should be specified in the plan (CCR 3705(g)). Revegetation success criteria for these areas will be different from the open space areas. CCR 3705(k) requires that noxious weeds be managed. The reclamation provides a threshold of not more than 20 percent of ground cover of weed species. We highly recommend that pampas grass and tree tobacco be completely eliminated from the site. These species are highly invasive and could ultimately cost the operator more to control. CCR 3705(m) requires that vegetation sampling methods used in monitoring be laid out in the plan. Sample sizes should be sufficient to achieve an 80 percent confidence level in the mean cover and density measurements. Such standard statistical measures are available in the literature, for example in C.D. Bonham 1988, "Measurements for Terrestrial Vegetation." The monitoring methods, duration and frequency used should be included in the reclamation plan. The reclamation plan includes success criteria for site revegetation; however, several items must be clarified to make these criteria valid. a. The open space area and the commercial/industrial area should have different success criteria since different seed mixes are being used. b. The criterion for density should include a unit area. For example. the criterion should be stated" a minimum of 8 out of the 16 perennial shrub species... per 1 m X 100 meter plot. The unit area or size of the plot should be the same size that was used in the baseline survey. ACENOA ITEM NO. PACE ~, OF 'SO_ ~ Rolfe M. Preisendanz March 20, 2006 Page 6 c. There is no criterion for density. Density, the number of plants per unit area, must be specified. Table 3 states that the fifth year will be the final year of monitoring. Monitoring must continue until success criteria are achieved. In five years, the vegetation may not be sufficiently established to meet the success criteria. We recommend that the reclamation plan state that vegetation monitoring will be conducted until success criteria have been met for a minimum of two years without human intervention. Administrative Requirements (Refer to SMARA sections 2772. 2773, 2774, 2776, 2777, PRe section 21151.7) OMR requests clarification of the number listed as "2%" for the Overburden (in cubic yards) in the Primary Reclamation Activities section under the grading and contouring of slopes task. In accordance with CCR Title 14, Section 3805, please ensure these comments are addressed prior to acceptance of the financial assurance amount. Any changes in the revised reclamation plan should also be itemized in the Cost Estimate. If you have any questions regarding the cost estimates or associated references, please contact Greg Marquis at (916) 323-9227. If you have any further questions on these comments or require any assistance with other mine reclamation issues, please contact me at (916) 323-8565. (--_.-...._~--......... ;"Sincerely, i.. "\ I) , \ . \ )'-. ~~-",~\j-_=:~ ry t/~ames S. Pompy, Manager Reclamation Unit ACENDA ITEM NO. ~ PACE ~ 'l OF So City of 1}akE Ef1-ino7-E (( <One CityJj, got dVto'teJJ Mr. James S. Pompy, Manager; Reclamation Unit Department of Conservation Office of Mine Reclamation 801 K Street, MS 09-06 Sacramento, CA 95814 SUBJECT: Response to Comments from OMR letter dated March 20, 2006 COMMENT: The Surface Mining and Reclamation Act of 1975 (SMARA) (Public Resources Code section 2710 et seq.) and the State Mining and Geology Board regulations for surface mining and reclamation practice (California Code of Regulations (CCR) Title 14, Chapter 8, Article 1, section 3500 et seq, Article 9 section 3700 et seq.) require that specific items be addressed or included in reclamation plans. The following comments prepared by Will Arcand, Engineering Geologist, Karen Wiese, Plant Ecologist and Gregory Marquis, Engineering Geologist, are offered to assist in your review of this project. We recommend that the reclamation plan be supplemented to fully address these items. RESPONSE: The reclamation plan has been amended to address comments from the Office of Mining and Reclamation. This letter serves as a key for the location of responses to comments within the amended reclamation plan. Minin2 Operation and Closure COMMENT: SMARA section 2772(c)(1) requires that reclamation plans include the name and address of the surface mining operator and any person(s) designated by the operator as an agent for service of process. This information is not included in the reclamation plan as submitted, and should be included prior to lead agency approval. RESPONSE: The response to this comment can be found on page 6 of the amended reclamation plan. COMMENT: SMARA section 2772(c)(3) requires that the reclamation plan include proposed initiation and termination dates. Proposed initiation and termination dates are not clearly stated within the reclamation plan. Page 9 of the reclamation plan indicates 730 aouth o'V1ain at'tut, ..f!ake E[j.ino'te, eclf 92530 Clefephone (951) 674-3724 'Jax (957) 674-239A wwwlake-e[j.ino'te.o't9 AGENDA ITEM NO. . d-- , PAGE 4) OF 50 that native plant restoration will take approximately 5 years following the initial 3 years of excavation. Table 1 (Mine Phasing Data) indicates that total years of operation will be 6 (3 years of "operations" plus 3 years of "reclamation monitoring "). Finally page 35 refers to the year 2013 for completion of reclamation operations. RESPONSE: The response to this comment can be found within the introduction on page 23, under the Reclamation Plan Phasing heading in the amended reclamation plan. COMMENT: SMARA section 2772(c)(4) requires that the maximum anticipated depth of the surface mining operation be indicated in the reclamation plan. It is difficult to ascertain the depth of mining in reviewing the reclamation plan. We recommend that the depth of mining be clearly stated for all mining phases and tied to a verifiable benchmark that can be referenced in the field for compliance monitoring. RESPONSE: The response to this comment can be found in Appendices E of the Amended Reclamation Plan. COMMENT: SMARA Section 2772(c)(5) requires that the reclamation plan include a map with boundaries and information pertinent to the reclamation of the site. Geologic information and the proposed location of topsoil stockpiles should be included on maps within the reclamation plan. OMR notes that a Preliminary Geotechnical Investigation and a Preliminary Slope Stability Analysis , prepared by Geotechnics Inc., have been appended to the reclamation plan. However, no figures or plates depicting geologic or geotechnical information for the proposed mining operation have been included with these reports or within the reclamation plan. Similarly, the location of topsoil stockpiles does not appear to be included on the reclamation plan maps. OMR recommends that the reclamation plan include all pertinent geologic and geotechnical maps, figures, plates, geologic cross sections for the proposed mining and reclamation area, and the location of all topsoil stockpiles should be included on the mining and reclamation maps. RESPONSE: Please refer to Appendices A, B, E, I and J of the Amended Reclamation Plan for figures, plates, geologic, and geotechnical information for the proposed mining operation. See Figure 10, page number 40 in the Amended Reclamation Plan for a map with locations of "topsoil stockpiles." Also, please refer to the Habitat Mitigation and Monitoring Plan (HMMP), which is Appendix G of the Amended Reclamation Plan for more information regarding topsoil stockpiles and their location. End Land Use COMMENT: Page 32 of the Reclamation Plan states that the proposed post-mining land uses, or future land uses will be open space and commercial use. If commercial use is an end use, then the grading plan and site compaction must comply with the City of Lake Elsinore grading specifications and the Uniform Building Code. RESPONSE: The response to this comment can be found in Section C (Reclamation), Subsection 1.0. (Subsequent Uses) now found on page 35. AGENDA ITEM NO. ~ PAGE ~4 OF So Geotechnical Requirements COMMENT: As noted above, the Preliminary Geotechnical investigation appended to the reclamation plan does not appear to be complete. Specifically, the Appendices and Illustrations sections of this report are not included. OMR recommends that these materials be included with the reclamation plan. RESPONSE: Please refer to Appendices A, B, E, I and J of the Amended Reclamation Plan. These appendices include figures, plates, geologic, and geotechnical information for the proposed mining operation. COMMENT: OMR notes that on Page 3 of the Preliminary Slope Stability Evaluation Geotechnics Inc. recommends "that mapping and engineering analysis be performed once rock exposures in the quarry become accessible." OMR concurs with the recommendation and recommends that the reclamation plan include specific requirements for conducting supplementary slope stability analysis prior to final site grading. RESPONSE: The response to this comment can be found in Section 7.0 Slopes and Slope Treatment (page 38) of the Amended Reclamation Plan. Hydrolo2Y and Water Quality COMMENT: In its discussion of Erosion and Sedimentation Control the reclamation plan uses the terms "major precipitation events," "substantial erosion, " and "surface instability. " OMR recommends that these terms to clearly defined within the reclamation plan. Defining these terms will enable the operator to establish specific quantitative thresholds that will trigger the implementation of erosion control measures. RESPONSE: The response to this comment can be found in Appendix D of the Amended Reclamation Plan. COMMENT: In several instances, the reclamation plan mentions that the project will comply with national and state requirements for control of storm water runoff. OMR recommends that the lead agency require, as a condition of reclamation plan approval, that an approved California State Water Resources Control Board Industrial Storm Water General Permit be appended to the reclamation plan. RESPONSE: The response to this comment can be found in Appendix C of the Amended Reclamation Plan. The Conditions of Approval, once adopted by the Planning Commission of the City of Lake Elsinore, will be inserted in this section. COMMENT: CCR section 3706(d) requires that erosion control measures, including sediment ponds, shall be designed to handle runoff from not less that the 20-yearll hour intensity storm event. The submitted reclamation plan maps depict the location of a rip- rap energy dissipater and several detention basins. OMR recommends that sizing design ~ ~_.~~>Ii .?Q" specifications for these erosion control features, which have been prepared by a qualified professional, be included in the reclamation plan. RESPONSE: The response to this comment can be found as Appendix E in the Amended Reclamation Plan. ------------------------------------------------------------------------------------------------------------ Environmental Setting and Protection of Fish and Wildlife Habitat COMMENT: The Reclamation Plan states that three sensitive plant species could occur onsite. It is not clear from the information provided if focused surveys were conducted for these species. In addition, the Reclamation Plan states that a general biological assessment was conducted over the project site on July 10, 2005. It is not clear from the data gathered in a one-day summer survey if the survey was conducted at the optimum time of the year to detect other sensitive plant and wildlife species. For many plant species, July is too late in the growing season to detected annuals or spring-flowering species that do not persist. It is not evident if a "general" biological assessment of one day is sufficient to detect the all of the sensitive species listed in the Multiple Species Habitat Conservation Plan (MSHCP) RESPONSE: The response to these comments can be found in Section A, subsection 1 0.0 (Wildlife) on page 17 of the Amended Reclamation Plan. Also, please refer to Appendix F of the Amended Reclamation Plan for the General Biological Resources Assessment Nichols Mining Site, dated October 26,2005. The Reclamation Plan incorrectly stated that the general biological assessment was conducted over the project site on July 10,2005. See page 18 of the reclamation plan for the dates that site visits were made. Site visits and surveys were conducted on three days, not one. COMMENT: CCR Section 3711 establishes mandatory standards for topsoil salvage, maintenance, and redistribution. The following items must be discussed in the reclamation plan: a. The location of the topsoil stockpilers) must be depicted on the site map. b. The topsoil stockpiles must be signed in thefield to prevent inadvertent use. c. The stockpiles will be protected from wind and water erosion by planting with an erosion control seed mix or applying a gravel mulch. Baseline vegetation data is required under CCR 3705(a) in order to evaluate the suitability of the proposed revegetation species and methods. There is a reference to such data in the text but no details are given. If such data is included by reference to a biological report, that report should be included with the reclamation plan. RESPONSE: For "a": Please see Figure lain the Amended Reclamation Plan. You can also refer to Figure 6 in the appended Habitat Mitigation and Monitoring Plan (HMMP) for Post-Mining Reclamation of the Pacific Aggregates/Nichols Canyon Mine for a map that depicts the location of topsoil stockpiles. ACENDA ITEM NO. PACE 4 ~ OF ~ For "b" and "c": Please refer to pages 20 and 39 (Section 12.0) in the Amended Reclamation Plan. Please also refer to the HMMP (pages 22 and 23) for information about topsoil stock piles. Both the Amended Reclamation Plan and HMMP also contain graphics that show the location of topsoil stockpiles. In terms of baseline vegetation data, please refer to page 48 under "Success Criteria" in the Amended Reclamation Plan. ------------------------------------------------------------------------------------------------------------ COMMENT: CCR 3705(b) requires that test plots be conducted to determine the success of the proposed revegetation measures. The reclamation plan must include details of test plot establishment. RESPONSE: Please see response above. ------------------------------------------------------------------------------------------------------------ COMMENT: Section 13.0 revegetation contains the following discrepancies that must be clarified: a. It is not clear what treatments besides hydroseeding will be applied to the future development areas MR-1 through MR-4. b. The seeding method for all areas shown in Figure 9 is hydroseeding, while in the test, broadcast seeding is specified. c. Figure 9, selected native plantings of trees and shrubs are specified in the Reclamation Slope area, presumably either container stock or transplants from the site. No mention is made in the text of planning stock or methods of planting such, except a reference to "selected plants" being salvaged for later replanting. d. There is no indication of which seeding and planting methods are to be used and where, and the numbers, species, etc. of planting stock to be installed. This information must be depicted on a site map. RESPONSE: a. Please see Figure 11 in the Amended Reclamation Plan for a graphic that shows which treatments besides hydro seeding will be applied to the future development areas MR-l through MR-4. b. Hydroseeding will be used on site in flat and slope areas and broadcast seeding will be used in disturbed areas. c. Please see Tables 5, 6 and 7 in the Amended Reclamation Plan for lists of species to be planted onsite. Please see page 28 of the appended HMMP for more detailed information about revegetation efforts. d. Please see Tables 5, 6 and 7 in the Amended Reclamation Plan for plant species and numbers to be planted onsite. Please see Figure 11 in the Amended Reclamation Plan for location, numbers and species of planting stock to be installed onsite. Please also see page 42, Section C, Subsection 13.0 (Revegetation) of the Amended Reclamation Plan for more details. AGENDA ITEM NO. PACe 41 ~ OF So COMMENT: It is not clear if the proposed species provided in Table 4 occur on site. A species list for the site should be provided as part of the description of the environmental setting. Only species that occur in the area should be used in the revegetation effort. We recommend that site-specific or locally collected seed be used. Locally collected seeds are better adapted to the specific climate, aspect, soil type and hydrologic regime of the site. These adaptations will make the plants more competitive an better suited for establishments and survival. A local source is defined as being as close to the same geographic location or watershed, elevation, aspect, an soil type as the project site. RESPONSE: The tables shown within this amended reclamation text and within the HMMP reflect the plant and seed species/types that are preferred for this area by S&S Seeds and Tree Of Life Nurseries (for native revegetation planting). Table 4 from the originally submitted Reclamation Plan has been deleted and that particular table is not included in the Amended Reclamation Plan. Please see Appendix H of the Amended Reclamation Plan for a flora and fauna. Please refer to the Biological Resources Assessment for a complete description of flora and fauna species found onsite, including Sensitive Biological Resources. Please also refer to page 6, 3rd paragraph, of amended reclamation plan for a description of species found onsite. COMMENT: The use of native shrub species in the proposed seed mix is commended, however, some changes are recommended in order to improve the chances of successful revegetation. a. The following shrub species are better planted from container stock and protected from herbivores until established: manzanita, ceanothus, toyon, and holly-leaved cherry. b. The scrub oak should be planted from acorns c. Pursuant to CCR 3705(l) protection from predation must be provided. Wire or plastic cages are commonly used to deter mammal browse. d. The species list does not include any grasses or herbaceous perennials. Grasses and herbaceous perennials are easy to establish from seed and can be useful in preventing erosion, preventing weed invasion, and blending the site with the surrounding environment during the period leading up to the eventual de elopement oj mature chaparral habitat. RESPONSE: a. Please refer to Section 13.0 (revegetation), specifically Table 7 of the Amended Reclamation Plan for our response. b. 5 gallon oak trees will be planted instead of acorns. c. Please refer to the Protection From Mammal Predation section of the Amended Reclamation Plan (pg 47). AGENDA ITEM NO. PAGE 4 ~ ~ OF SO d. Please see HMMP page 31 (the text under Table 6) for a response to the requested information. COMMENT: The species that will be used in the "native wildflowers" seed mix for the areas stated for future development are not specified in the reclamation plan. Until such development takes place, the area should be protected from wind and water erosion by seeding, which should be specified in the plan (CCR 3705(g)). Revegetation success criteria for these areas will be different form the open space areas. RESPONSE: Please see Section C, Subsection 13.0, Revegetation. Please also see Tables 4 and 6 in the Amended Reclamation Plan. COMMENT: CCR 3705(k) requires that noxious weeds be managed. The reclamation provides a threshold of not more than 20 percent of ground cover of weed species. We highly recommend that pampas grass and tree tobacco be completely eliminated from the site. These species are highly invasive and could ultimately cost the operator more to control. RESPONSE: The response can be found in Section C, Subsection 13.0, Revegetation, (under Weed Control). COMMENT: CCR 3705(m) requires that vegetation sampling methods used in monitoring be laid out in the (reclamation) plan. Sample sizes should be sufficient to achieve an 80 percent confidence level in the mean cover and density measurements. Such standard statistical measures are available in the literature for example in CD. Bonham 1988, "Measurements for Terrestrial Vegetation." The monitoring methods, duration and frequency used should be included in the reclamation plan. RESPONSE: Please refer to the "Success Criteria", Section 13.0, page 48, within the Amended Reclamation plan. COMMENT: The reclamation plan includes success criteria for site revegetation: however, several items must be clarified to make these criteria valid. a. The open space area and the commercial/industrial area should have different success criteria since different seed mixes are being used. b. The criterion for density should include a unit area. For example, the criterion should be stated "a minimum of8 out of the 16 perennial shrub species...per 1m x 100 meter plot. The unit area or size of the plot should be the same size that was used in the baseline survey. c. There is no criterion for density. Density, the number of plants per unit area, must be specified. AGENDA ITEM NO. PACE L. \ ~ OF .sa RESPONSE: a. Please refer to the "Success Criteria" section within the Amended Reclamation plan. b. Our success criteria for site revegetation "density" is based on a 66 foot by 66 foot unit area or size. Please see success criteria section of the Amended Reclamation Plan for more information. c. The number of plants/density per the 66 foot by 66 foot revegetation area are shown on Figure 11- Reclamation/Mitigation Landscape Plan. COMMENT: Table 3 states that the fifth year will be the final year of monitoring. Monitoring must continue until success criteria are achieved. In five years, the vegetation may not be sufficiently established to meet the success criteria. We recommend that the reclamation plan state that the vegetation monitoring will be conducted until success criteria have been met for a minimum of two years without human intervention. RESPONSE: Please see Section C, Subsection 2.0 (Post Mining Reclamation Phasing Schedule) COMMENT: OMR requests clarification of the number listed as "2%" for the Overburden (in cubic yards) in the Primary Reclamation Activities section under the grading and contouring of slopes task. RESPONSE: Please see pages 20, first paragraph under Mine Operations, and page 29, Section 9.0, Mine Waste (last paragraph) of the Amended Reclamation Plan for reference to "overburden". Also, please see Appendix D for a definition of overburden. Please note that the "2%" is an estimated number; an exact quantity of overburden in cubic yards will be determined at the time of mining and reclamation. COMMENT: In accordance with CCR Title 14, Section 3805, please ensure these comments are addressed prior to acceptance of the financial assurance amount. Any changes in the revised reclamation plan should also be itemized in the Cost Estimate. If you have any questions regarding the cost estimates or associated references, please contact Greg Marcuis at (916) 323-9227. RESPONSE: So noted. Thank you very much for your assistance. Sincerely, ~ Kirt A. Coury Planning Consultant ACENDA ITEM NO. PACE SO OF So ~ CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 3, 2006 PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 & TENTATIVE CONDOMINIUM TRACT MAP NO. 34864 "CANYON ESTATES PROFESSIONAL OFFICE BUILDING COMPLEX" APPLICANT: ARCHITECTURAL TEAM THREE (ATTN: LON BIKE), 23905 CLINTON KEITH ROAD, SUITE 114, WILDOMAR CA 92595. OWNER: CANYON PLAZA PARTNERS LLC. (ATTN: BRETT KESHTKAR) PROJECT REQUEST The applicant is requesting Design Review consideration for the design and construction of a two-story 14,500 square-foot professional office building and an associated Tentative Tract Map for Condominium purposes on a .69 acre vacant site within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Review is pursuant to the Canyon Creek Specific Plan and Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code LEMC. PROJECT LOCATION The project site is located on the south side of Canyon Estates Drive and west of Summerhill Drive, Assessor Parcel Number 363-670-009. AGENDA ITEM 3> PAGE l OF 1:L2 PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 BACKGROUND The subject property, which consists of a previously graded and improved vacant pad, is located within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Since project submittal, staffhas worked successfully with the applicant to achieve additional decorative elements and materials on the building, an entry courtyard effect through decorative paving improvements and the incorporation of additional planting along the building frontage. ENVIRONMENTAL SETTING EXISTING ZONING GENERAL PLAN LAND USE Proj ect Vacant C-l/SP Site Neighborhood Canyon Creek Commercial "Summerhill" Specific Plan Specific Plan North Commercial Bank C-l/SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plan Soecific Plan South Vacant C-l/SP Canyon Creek Neighborhood "Summerhill" Commercial Specific Plan Specific Plan East Future Gas C-l/SP Canyon Creek Station/Car Wash Neighborhood "Summerhill" Commercial Specific Plan Soecific Plan West Future HoteVMedical C-l/SP Canyon Creek Office Neighborhood "Summerhill" Commercial Specific Plan Specific Plan AGENDA ITEM ~ PAGE~OF 45 PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 PROJECT DESCRIPTION The project site is located within the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek "Summerhill" Specific Plan. Section 020.B. of the Specific Plan allows professional offices as permitted uses. Siting The applicant is proposing to construct a two-story professional office building consisting of fourteen (14) separate office units. The units are to be owned separately as office condominiums. The site has been previously graded and supplied with necessary improvements and utilities. The total footprint of the building is 7,250 square-feet and will cover approximately twenty-four percent (24%) of the site. Moreover, a floor area ratio (FAR) of thirty- five percent (35%) is proposed onsite. The remainder of the property will consist of onsite parking facilities and landscaping. Circulation and Parkinf! Svace Lavout Two access points shall be provided off the existing private loop road which connects to Canyon Estates Drive. Parking will be provided on the front side ofthe building and is accessed via two-way drive aisles. One of the drive aisles crosses the entire building frontage while the other drive aisle currently exists and will be shared with the Washington Mutual parking lot directly adjacent and to the north. An onsite trash enclosure and loading space has been provided at the northwest comer of the parking lot. Architecture The architectural style of the proposed office building is "Mediterranean" in accordance with the Canyon Creek "Summerhill" Specific Plan Architectural Design Guidelines. The front building elevation has been sufficiently articulated with a six- foot deep colonnade and decorative arches that covers the entry doors into the office units on the first floor. Second floor units are accessed from an uncovered walkway served by either a stairway at the ends of the building or an elevator at the center. In addition, arched tower elements are achieved at both the center and ends of the building which project (2) two additional feet off the building facade and serve to AGENDA ITEM 3 PAGE~OF~ PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 break-up the remainder of the roofline which is composed of parapet walls with a decorative cornice. The rear building elevation, which is visible from the adjacent loop road, has been articulated with two four-foot deep projections and decorative wood trellis elements on the ground floor. An arched tower element has been achieved at the center of the elevation to break-up the roofline. The side building elevations are also visible from the adjacent loop road, and have a variety of roof lines and decorative column elements to achieve interest. Architectural elements and building materials have been incorporated that further enhance the Mediterranean building style including a decorative stone veneer on column bases, wrought iron accents, projecting stucco banding and decorative light fixtures. Moreover, enhanced paving treatments will be utilized at driveway entrances, at the front of the building and within the adjacent accessible parking spaces to achieve a courtyard effect. Landscaving The applicant is proposing to develop the site with 5,074 square feet of landscaping which constitutes seventeen percent (17%) of the site. A minimum of ten percent (10%) of the site is required to be landscaped. The proposed tree palette includes the use of Queen Palms at the side building elevations and parking area. The height of the Queen Palms planted adjacent to side building elevations has been increased to approximately fifteen feet (15') as a condition of approval in order to provide immediate softening of the elevations. In addition, thirty-six inch (36") box Italian Cypress trees will be planted along the rear elevation. A variety of foundation and parking area plantings will be utilized including but not limited to Day Lily, Mock Orange, Photina and Texas Privit. All Shrubs will be a minimum five gallon container size. In order to further soften the front building elevation, planter pockets have been added along the colonnade wall allowing for Red Bougainvillea to be planted and climb on the building. Colors and Materials The applicant is proposing four (4) different colors on the building. The architectural design will be further enhanced and the appearance of additional offsets and depth will be achieved with the chosen color scheme. The contrasting colors are complimentary and have been chosen to enhance architectural elements within the project. The AGENDA ITEM '3 PAGE~OF~S PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 proposed green glass windows will further serve to compliment the building color scheme. Tentative Condominium Map The applicant requests approval to establish a proposed office condominium. The condominium concept would allow the developer the ability to offer individual office units for sale within the building while sharing common interest, ownership and maintenance responsibilities within the common areas. ANAL YSIS Siting The proposed site plan meets all applicable development standards and criteria outlined in the Neighborhood Commercial (C-l/SP) zoning district of the Canyon Creek ((Summerhill" Specific Plan and the Non-Residential development standards outlined in Chapter 17.38 of the LEMC. Moreover, the project complies with the onsite parking standards listed in Chapter 17.66 (Parking Requirements of the LEMC). Pursuant to the C-l/SP zone, the maximum Floor Area Ratio (FAR) allowed is forty percent (40%). The applicant is only proposing a thirty-five percent (35%) FAR, well below the maximum allowed. Additionally, the project siting complies with all perimeter setbacks. Circulation and Parkin$! SlJace Lavout The circulation and parking space layout meets the requirements set forth in Chapter 17.66 (Parking Requirements of the LEMC) including the recently increased 26-foot wide drive aisle requirement. Additionally, adequate turning radii have been provided for emergency vehicles, trash and delivery trucks. A reciprocal access agreement will be required between the project site and the Washington Mutual site to the north. Staff has determined that fifty-eight (58) parking spaces are required onsite. Fifty-eight (58) spaces have been provided including six (6) accessible parking spaces. Architecture The Mediterranean architectural design of the office building complies with the AGENDA ITEM ') PAGE~OF~ PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 Architectural Design Guidelines listed in the Canyon Creek "Summerhill" Specific Plan. Additionally, the architecture of the building has been designed to achieve harmony and compatibility with surrounding residential, commercial and office buildings in the vicinity ofthe project site. Correspondingly, the applicant has provided a variety of building design features and forms by employing treatments, such as articulated planes along the exterior walls, and a variety of rooflines which will create depth and shadow. Moreover, the maximum height of the building complies with the height requirement specified in the C-l/SP zoning district (35-feet). Landscaping The landscape design for the project site complies with the requirements set forth within Section 070 of the Neighborhood Commercial (C-l/SP) zoning district. The proposed landscaping improvements serve to enhance the building design and soften portions of building elevations, as well as compliment surrounding properties. Colors and Materials The colors and materials proposed for this project meet the intent of the Design Guidelines of the Canyon Creek "Summerhill" Specific Plan, in that the colors and materials proposed, will serve to produce diversity and enhance the architectural effects. Additionally, the colors and materials proposed will assist in blending the architecture into the existing landscape. Tentative Condominium Map The Covenants, Conditions and Restrictions (CC&R's) required in association with the map will be recorded against the project as a condition of approval. In addition, an owners association will be empowered to administer and enforce the various elements of the CC&R's. To accomplish this, the office owner's association will establish monthly fees that cover aspects such as landscape maintenance, parking lot maintenance and utility infrastructure improvements. The project has also been conditioned to require that the applicant submit a copy of the proposed CC&R's to the Planning Division for review and approval prior to recordation. Moreover, staff has added a condition of approval which will require that the association be established prior to the issuance of a certificate of occupancy for the first office unit. n AGENDA ITEM .J PAGE~OF U t"" PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 ENVIRONMENTAL DETERMINATION Staff has determined that the potential environmental impacts associated with the construction of the office facility have all been previously addressed in the Mitigated Negative Declaration (MND) for the Canyon Creek "Summerhill" Specific Plan Amendment No.1. In addition, 1) No substantial project changes are proposed that would require major revisions to the MND; 2) No substantial changes will occur with respect to the circumstances under which the project is undertaken and 3) No new information of substantial importance has been identified since the previous MND was certified. Therefore, no subsequent environmental analysis is necessary pursuant to Section 15162 of the California Environmental Quality Act (CEQA). RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2006-_ recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan, Resolution No. 2006-_ recommending to the City Council approval of Commercial Design Review No. 2006-02 and Resolution No. 2006-_ recommending to the City Council approval of Tentative Condominium Tract Map No. 34864 based on the following Findings, Exhibits "A" thru "K" and the proposed Conditions of Approval. PREPARED BY: MATTHEW C. HARRIS, SENIOR PLANNER APPROVED BY: Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. LOCATION MAP 2. PLANNING COMMISSION RESOLUTIONS 3. CONDITIONS OF APPROVAL AGENDA ITEM '3 PAGEloF ~S PLANNING COMMISSION STAFF REPORT OCTOBER 3, 2006 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-02 4. EXHIBITS . REDUCTIONS (8 ~ xII) Exhibit A Site Plan Exhibit B Site Details Exhibit C Site Details Exhibit D 1 st Floor Plan Exhibit E 2nd Floor Plan Exhibit F Building Elevations Exhibit G Roof Plan Exhibit H Building Cross-Sections Exhibit I Grading Plan Exhibit J Landscaping Plan Exhibit K Tentative Condominium Map · FULL SIZE PLAN SET AGENDA ITEM ') PAGE~OF~ VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2006-02 TENTATIVE CONDO TRACT MAP NO. 34864 I 0::: UJ ::2: ::2: :J en ACENOA 'TEM NO. '3 PAGe ~ OF 45 - RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS CANYON CREEK PROFESSIONAL OFFICE BUILDING IS CONSISTENT WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Architectural Team Three, c/o Lon Bike, has submitted an application for Design Review and Tentative Condominium Map approval for the Canyon Creek Professional Office Building located on the south side of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82 and Lake Elsinore Municipal Code Chapter 16, requests for design review consideration and tentative condominium map review, respectively, are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006); and ACEN[)A ITEM NO. 3 Pl~oe . '10 OF ._'~ PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F5 WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan; and WHEREAS, office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary; and WHEREAS, public notice of the Project 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 October 3, 2006. 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 Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code, and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. ACENOA ITEM NO. PAGE \ \ OF PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F5 Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site lies within Criteria Cell #4647. However, based upon a verbal "common law vested rights agreement" between the City and the previous landowner, the site was exempted from the MSHCP. This agreement was the result of the previous landowner's extensive costs associated with infrastructure and road construction in that area prior to the City's involvement in the MSHCP. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2) and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). The Project site has already been graded as approved under the previous agreement and no habitat is present on site, including riparian/riverine areas or vernal pools. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is exempt from the MSHCP by virtue of a common law vested rights agreement between the previous landowner and the City. Therefore, the Project was not processed through a Joint Project Review. 3. The Project is consistent with the RiparianlRiverine Areas and Vernal Pools Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor ACENOA ITEM NO. '3 PACE \ ~ OF'--\. 5 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE 4 OF 5 further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section 6.3.2 are not applicable. 6. The Project is consistent with the UrbanlWildlands Interface Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. No additional mitigation measures or conditions of approval are required. 7. The Project is consistent with the Vegetation Mapping requirements. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. The entire Project site has been rough-graded. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project is exempt from the requirements of the MSHCP based upon a common law vested right. Further, the Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. No additional mitigation measures or conditions or approval are required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. ACENDA ITEM NO. ') PAGE \ ') OF ~ S PLANNING COMMISSION RESOLUTION NO. 2006- PAGE50F5 10.The Project is consistent with the MSHCP. As stated in Finding No. 1 above, the Project is exempt from the requirements of the MSHCP based upon a ((common law vested rights agreement" between the City and the previous landowner. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development AGENDA ITEM NO. 3 PACE \ ~ OF 4 ~ RESOLUTION NO. 2006- 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 COMMERCIAL DESIGN REVIEW NO. 2006-02 FOR THE CANYON CREEK PROFESSIONAL OFFICE BUILDING WHEREAS, Lon Bike, Architectural Team Three, has initiated proceedings for Commercial Design Review No. 2006-02 for the design and construction of a two-story professional office building with related improvements located within the Canyon Creek Summerhill Specific Plan on the south side of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; and WHEREAS, public notice of the Project 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 October 3, 2006. 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 Project prior to making a decision to recommend that the City Council approve Commercial Design Review No. 2006-02. SECTION 2. That pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006). And, that CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 says that when an environmental document has already AGENDA ITEM i'JO,____.. '3 . PAOr: \ 5 . CF_.~5 PLANNING COMMISSION RESOLUTION NO. 2006 - PAGE20F4 been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. The Planning Commission hereby finds that a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan. Office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of the Commercial Design Review No. 2006-02: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan and, Canyon Creek ((Summerhill" Specific Plan in that the approval of this professional office building will assist in the creation of additional job opportunities within the community. Moreover, the Project 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 commercial land uses to diversify Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the professional office building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along the street. In addition, safe and efficient circulation has been achieved onsite. Further, the Project will complement the quality of existing ACENDA ITEM NO. ') PACE_UL-OF ~S PLANNING COMMISSION RESOLUTION NO. 2006 - PAGE30F4 development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects in that the applicant is providing a "Mediterranean" architectural design with various elements which serve to enhance the building. Moreover, a variety of materials and colors are proposed including decorative wrought iron accents, decorative light fixtures and earth tone colors that serve to blend with surrounding developments and demonstrate a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the Project do not result in substantial change to the previously certified Canyon Creek "Summerhill" Specific Plan Mitigated Negative Declaration. Therefore, no additional environmental review is necessary for the proposed Project pursuant to Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGENDA ITEM NO. PAl:,E \ " 3 OF 4S PLANNING COMMISSION RESOLUTION NO. 2006 - PAGE40F4 PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. '3> PAGE ''=b OF ~ S RESOLUTION NO. 2006- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE CONDOMINIUM MAP NO. 34864 FOR CANYON CREEK PROFESSIONAL OFFICE BUILDING WHEREAS, Architectural Team Three, c/o Lon Bike, has filed an application with the City of Lake Elsinore requesting the approval of Tentative Condominium Tract Map No. 34864 for the establishment of a office condominium building known as the Canyon Creek Professional Office Building to be located south of Canyon Estates Drive and west of Summerhill Drive - APN 363-670-009 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of recommending approval of Tentative Condominium Maps for residential projects to the City Council; and WHEREAS, public notice of the Project 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 October 3, 2006. 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 Project and has found it acceptable. The Planning Commission finds and determines that the Project is consistent with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and Section(s) 66424 and 66427 of the California Government Code. SECTION 2. That pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed Project (CEQA Guidelines Section 15006). N:lENOA ITEM NO. PACE1~ 3 OF ~~ PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F3 And, that CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. The Planning Commission hereby finds that a Mitigated Negative Declaration was approved and adopted for the Summerhill Specific Plan and evaluated environmental impacts that would result from maximum build-out of the specific plan. Office condominium uses are consistent with the Summerhill Specific Plan and any environmental impacts that might result from development of the Project have been adequately analyzed under the previous Mitigated Negative Declaration and given that the Project does not present substantial changes or new information regarding environmental impacts, no additional environmental documentation is necessary. SECTION 3. That in accordance with Government Code Sections 66424 and 66427 and LEMC Title 16 "Subdivisions," the Planning Commission makes the following findings for the approval of the Tentative Condominium Map 34864: 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, industrial, 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. 2. The effects that this Project is likely to have 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 by the Project will serve to enhance and improve the economic needs of the region and the business needs of the Lake Elsinore community by providing additional office space opportunities for local residents and businesses. ACENiDA ITEM NO._ 3 PAGE ~O OF ~ S PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F3 3. Subject to the attached conditions of approval, the 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 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 3rd day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe Preisendanz Director of Community Development ACENDA ITEM NO. 3 PAGS d.\ OF 45 - 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. Agenda ':> Page~of~ 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 Agenda ') page~Of~ 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 restrictions 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. Agenda ') page~Of~ 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. Agenda ~ Page as of ~ CONDITIONS OF APPROV AI.. 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, El 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. Agenda 3 Page ~ b of J!5. 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. Agenda ) Page ~lof~ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIE W 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 Agenda ) Page ~ ~ of JiS 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 'li" 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 Agenda 3> Page ~ G.. of J:lS. 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 Agenda 3 page~of~ 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 Agenda 3 page~of~ 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 Agenda 3 page1L1 of ~ 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 $0.1 0 per square foot for all interior commercial/industrial space (14,500 sq. ft. @$0.10=$1,450). Agenda ?> Page '?:> '> of 4: S 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 cover 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.1 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 ($4,700) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. 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LAKE ELSINORE, CALIfORNIA 1"1 .. .' 'rrmri Vl o c ---< ::r: OJ c r CJ z C> f'l r f'l < l> --j o z z a ;:0 --j ::r: OJ c r o' z C) f'l r f'l ..: l> --l o Z ,; ~ '" ;'1 -, ~. Ii I il ,ii a. IS .j j "j ... ,. .,. ~ ':; .; .~ .1 S .! ~.z .. z li' ,;;I" OJ: ;: :~ ~! ! }~ ~ i I" .. ,: 1 .' ~ e I a i ~ ~ ~ ~ ~~ ~ ~ i ~ :~ i~ - · !~ i~ ~. ~.~ a H ii ~! ~i Rj I 1; .1 I !:i ~! !! ;;: %f ~; ~ l i i .' , "'i i z o --j f'l V1 OWNI. i.I ..~.H.t~.~ CANYON PLt~t PARTNERS r f . ~ [: Cl u.l r~ ~. " ~ rl :- ! i r ~ . PAGE ~'O OF 45 J> :;0 (") ~ I -< rn (") -< C :;0 J> r :;0 0 0 ." "1J r J> Z ..~ ~ t) ~ o @D 888 "".~ 1 (/ t i i i i j l i 1 i i i Iii I I i y E<, cr,~ " II' i i j i j i ~ " ~ ~ ~ ~ Jlj..-o. 21'-8. "4 l~"-" 4~' -8" U} ;J: '" '" "' ! .lllilil\llil!i ~ -0 ~ ~ ",--8 - -0 ;. ~ ~ i ------- -=~ ~B./!!) ---- (--0) ~ --8 ~ 1Pl~Iii@n INI@. ~ 1Pl1ii@1r~~~D@INIU @lrlm:~ ~~U,IP!DINI~ N.'.C. SUMMERHILL DR. I CANYON ESTATES DR. LAKE ELSINORE. 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II ~t III ~ i i m s ( ~ ~ ~ ~ s ~ . .... ~ m ;u C ;c en c m en m ~ ~ ~ ~ . n:t ;c c CIJ m ~ ( - 0 III c ... ,. ~ z ~ ~ - 0 I AGENDA tTEM NO. ;, PAGE 4- OF 4$ C,ANYONPL7!tPARTNERS it Hlrt~ ~ j- f ..","'"",""'" "'",101 ,i u Tel (1&0) ,c:::::. ~:=) ~t-mg ~ ~ I [r PARGEL NO. C; PROfESSIONAL OfflGE BUILDING N.W.C. SUMMERHILL DR. / CANYON ESTATES DR. lAKE ELSINORE, CALIFORNIA . !r , , , I q i! II _..~ i ,.... I II I 1 i I 1,1 1--,-- t\ ~~> '" '" ~ ~&. '1~ ~ i I! ~ ~!~ . ~~ ~ il~ \~q TI l ~ I:'"il~ ~t'-> ~& ~ I p' i d ~! ~'5} ~~~ \\ 1$!1"1\I"I '..... a\ . 'iii ~ ~ i ~ ~~~ _ Iil '1 ~~~ !;l trl b ... ~ ~ ~ ~t~ ~~N ~ ~ I~:"~~-'-'P' -:---.-------... '-"---m'~ - -"'" i ;.: --:t...:==.- ' !,: ~. - r-- ~ ~ ~ I"~! CJ ~ 8 Ii ""'3~ ~ :; iiUI,I: nUl, n~ u~nm;J;ill u~!LIII~i~~1 ;~ ~ J!f ~i~ili! q~t ~~;~i ;,~ ~ M~ ~ ~ ! unl : l!q !ill! Ill! l'n ~~ lil ~til i Ii ; ~~'~ i ! II! P, ~ · II: ~d ~ i i~ ~ = ~~ a ~ . ~ a~ ~ ACENOA ITEM NO. PACiE 45 OF CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 3, 2006 PREPARED BY: LINDA MILLER, PLANNING CONSULTANT PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 APPLICANT: LAING CP LAKE ELSINORE, LLC. 31881 CORYDON, SUITE 130, LAKE ELSINORE, CALIFORNIA 92530 OWNER: SAME PROJECT REQUESTS The applicant is requesting approval of the design and construction of a Club House building and associated improvements that will be a part of a future Golf Course complex known as "The Links at Summerly." PROJECT LOCATION The Commercial Design Review No. 2006-05 for the design and construction of a Club House building and associated improvements is located within the 707 acre Laing Homes project which is a portion of the 3,000 acre East Lake Specific Plan. The site is designated Open Space and is part of the Phase 1 portion of the East Lake Specific Plan- Amendment No. Six. The Club House facility is located south of Malaga Road, southeast of Lucerne Street, north or Cereal Street and south west of Mission Trail (APN 371-030-038). Access to the Club House facility will be taken from Malaga Road, then Diamond Drive to Village Parkway. AGENDA ITEM NO.-o Lf PACE_ l OF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE20F6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 ENVIRONMENTAL SETTING Pro' ect Site North South East West Vacant Vacant Vacant Vacant Vacant East Lake S ecific Plan East Lake S ecific Plan East Lake S ecific Plan East Lake S ecific Plan East Lake S ecific Plan BACKGROUND The East Lake Specific Plan (ELSP) was adopted by Ordinance No. 955 by City Council in June 1993. The Plan consists of 3,000 acres and was originally divided into three (3) individual districts that included a Marina District, Lakeside Resort, and Recreation Village. Several Amendments have been made to the East Lake Specific Plan. The first two (2) amendments (Amendment No.1 and No.2) changed the central area or Phase One of the Specific Plan. The changes primarily reduced the number of residential units and commercial uses and added a Golf Course to the open space area ofthe plan. Phase One is the development area where the current Laing project is now located. Two other amendments, Amendment No.3 and No.4, were related to industrial development along Corydon Avenue which are both outside of Phase One. Amendment No.5 is for the proposed marina development located on Lakeshore Drive and known as WatersEdge. The Laing Homes processed East Lake Specific Plan Amendment No.6 which was adopted by City Council on July 27,2004. This amendment replaced multi-family uses with single family uses, provided several parks and added an approximately 165 acre Golf Course with Club House facility. The current project before the Planning Commission, the Club House building and associated improvements for "The Links at Summerly Golf Course" will be the first building constructed for the Laing Homes portion of the East Lake Specific Plan. The actual Golf Course is anticipated to follow this proposal. AGENDMTEM ~ PAGE''''' OF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE30F6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 PROJECT DESCRIPTION The applicant is proposing to construct a Club House building and associated improvements that will support a future Golf Course. The construction of a Pump Building and Range Shack are also for consideration. Originally the applicant was requesting approval of a Maintenance/Golf Cart Building in addition to the Club House building, but it was decided to withdraw that portion of the application at this time. The proposed 5,186 square foot Club House building will be located on an approximately 3.5 acre parcel. The building coverage is approximately 3 percent (3 % ) of the parcel area. The building will include a pro shop, restaurant, kitchen, offices, and restrooms. An outdoor public area that extends the entire rear length ofthe Club House building will provide unrestricted views of the Golf Course. The outdoor area will include a terrace restaurant, barbeque and fire pit area, and seating walls. Decorative concrete and decomposed granite paving will be used to highlight this area. A six foot (6') decorative split face block wall will be constructed along the northern and southern boundary lines providing a buffer between the Club House and the neighboring residential lots. The rear western property line will be left open to capture the expansive views of the Golf Course below and the Cleveland National Forest in the distance. Architecture The applicant is proposing to use Craftsman style architecture for the Club House building. Features include wood shingle siding and elongated windows with wide wood trim. The entry includes an extended wood trellis Porte-cochere with masonry based columns. Exposed rafter tails and heavy wood outlookers are added features of the varied roof lines. AGENDA ITEM l..\ PAGE.LOF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE40F6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 Color and Materials The follow lists the colors and materials proposed for the Club House building: Architectural Feature Roof Walls Attic Louvers Exposed wood/Trim Material Cedarlite concrete tile Shingle Siding Wood Wood Color Gray/Brown Green Dark Green Redwood Parking The Club House parking lot is required to provide enough parking for both the Club House and the Golf Course. The applicant has met the requirements of both the East Lake Specific Plan's Parking Requirements and the Lake Elsinore Municipal Code Parking Requirements when the ELSP is silent. The Site Plan lists the parking requirements and states that 158 parking spaces are required. The project is providing 174 parking spaces plus 6 handicap spaces which meets and exceeds the requirements of both documents. One (1) loading space is also provided. As an added feature the applicant is providing lighting that will match the Craftsman style architecture of the proposed Club House building. Two (2) illuminated pilasters will be located on each side of the entry driveway. One pilaster will include the name and logo of the Golf Course while the other pilaster will include the City of Lake Elsinore's name and new logo. Landscaping Thirty-eight percent (38%) or 84,582 square feet of the project site will be covered by landscaping material. A variety of planting materials will be used including plants that were common to the Craftsman era of the 1920's. The Club House entrance will include a decorative paved circular drop off area with a landscaped planter in the center. Forty-eight inch (48") box olives trees will line the entrance and one (1) seventy-two inch (72") box olive tree will be placed in the central planter. AGENDA ITEM 4 PAGE~OF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE50F6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 The paved parking area will include planters with trees spaced every three (3) to four ( 4) parking spaces apart providing shade and softening the hardscape of the parking lot. ANAL YSIS The Club House is the first part of the future Golf Course complex, which will be the first golf course to be constructed within the City. The future Golf Course will add additional recreational opportunities to the City adding to the Cities new "Dream Extreme" philosophy of encouraging recreation. Staff feels that the Craftsman style Club House will blend well with the proposed future residential products to be built within the future residential development, since the Craftsman style is proposed for the residential units as well. Staff found the project meets the requirements of the East Lake Specific Plan, Amendment No.6 and the City of Lake Elsinore's Municipal Code. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006). CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary. Section 15162 says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. A Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No.6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build-out of the AGENDA ITEM ~ PAGE~OF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE 6 OF 6 PROJECT TITLE: COMMERCIAL DESIGN REVIEW NO. 2006-05 specific plan, which contemplated development of a golf course and clubhouse. The request for design review of the club house is consistent with the scope of the project as analyzed under the SEIR. The Project does not present substantial changes or new information regarding the potential environmental impacts of development. Therefore, no additional CEQA documentation is necessary. RECOMMENDA TION It is recommended that the Planning Commission adopt the following Resolutions: Resolution No. 2006-_, recommending to the City Council adoption of the Findings of Consistency with the Multiple Species Habitat Conservation Plan; and Resolution No. 2006-_ recommending to City Council approval of Commercial Design Review No. 2006-05 for a Club House building and associated improvements. Approval is based on the attached Findings, Exhibits, and Conditions of Approval. PREPARED BY: Linda M. Miller, AICP, Project Planner APPROVED BY: f/J7m1- Rolfe M. Preisendanz, Director of Community Development ATTACHMENTS: 1. VICINITY MAP 2. RESOLUTIONS: a. RESOLUTION NO. 2006- RECOMMENDING CITY COUNCIL ADOPTION OF THE FINDINGS OF CONSISTENCY WITH THE MUL TIPLE SPECIES HABITAT CONSERVATION PLAN b. RESOLUTION NO. 2006- RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS 3. CONDITIONS OF APPROVAL 4. REDUCED EXHIBITS 5. FULL SIZED EXHIBITS 6. COLOR EXHIBITS (PRESENTED AT THE HEARING) AGENDA ITEM 4 PAGE~OFA'\ VICINITY MAP COMMERCIAL DESIGN REVIEW NO. 2006-05 PLANNING COMMISSION AGENOA I'!EM NO._ L. (J. "\ - PACE 1. OF RESOLUTION NO. 2006-_ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS THAT THE COMMERCIAL DESIGN REVIEW NO. 2006-05 IS CONSISTENT WITH THE MULTIPLE-SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Laing CP Lake Elsinore, LLC has submitted an application for Commercial Design Review No. 2006-05 for a clubhouse building and associated improvements for a golf course that is located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street and southwest of Mission Trail within East Lake Specific Plan Amendment No.6 - APN 371-030-038; and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and Joint Project Review ("JPR") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for commercial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project site is within two distinct MSHCP criteria cells: approximately three (3) acres of the total site are within cell 4846 and approximately three tenths (0.3) acres are within cell 4937; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. SS 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents ACENDA ITEM NO. ~ PACE '8 OF ~ PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE20F6 adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, in accordance with CEQA Guidelines 15162, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, public notice of the Project 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 October 3, 2006. 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 Project and has evaluated the Project's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning law, the City of Lake Elsinore Municipal Code, and the MSHCP, the Planning Commission makes the following findings that the Project is consistent with the MSHCP: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's ACENDA ITEM NO. ~ PACE <1. OF r ~ PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE30F6 consistency with other "Plan Wide Requirements." The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of meetings between the County of Riverside, Us. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the US. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements" set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additional Survey Needs and Procedures (MSHCP, ~ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, ~ 6.1.4), Vegetation Mapping (MSHCP, ~ 6.3.1) requirements, Fuels Management Guidelines (MSHCP, ~ 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). The Project has been reviewed in light of these sections and is consistent therewith. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the County and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. ACENDA ITEM NO. PACE \ () ~ OF ~~ PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE 4 OF 6 The previously approved ELSP Amendment No.6 was determined to be consistent with the Riparian/Riverine and Vernal Pool Guidelines as set forth in MSHCP ~ 6.1.2. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No.6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP ~ 6.1.3. The Project has not been modified from that which was previously approved under the ELSP Amendment No.6. Additionally, based upon prior approvals, the entire project site has been graded and any plant species which may have existed on the site have been removed. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No.6 was consistent with the Additional Survey Needs and Procedures as set forth in MSHCP ~ 6.3.2. The Project has not been modified from that which was previously approved under the ELSP Amendment No.6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP Amendment No.6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in MSHCP ~ 6.1.4. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No.6, no further MSHCP review is necessary and the Project is consistent with the Urban/Wildlands Interface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. ACENDA ITEM NO. PACE \ \ ~ OF ~~ PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE50F6 The previously approved ELSP Amendment No.6 was consistent with the Vegetation Mapping requirements as set forth in MSHCP S 6.3.1. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The previously approved ELSP Amendment No.6 was consistent with the Fuels Management Guidelines as set forth in MSHCP, S 6.4. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of project approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10.The Project overall is consistent with the MSHCP. As stated in No.1 above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. 11. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. ACEIIDA ITEM 110. 4- ~ ",- PACE \ <J.... OF - PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE60F6 PASSED, APPROVED AND ADOPTED this third day of October, 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA lTEM NO. 4- , PAce \~ _OF <:{~ RESOLUTION NO. 2006-_ 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 COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE FOR A FUTURE GOLF COURSE FACILITY ASSOCIATED WITH THE LAING CP LAKE ELSINORE, LLC DEVELOPMENT WHEREAS, Laing CP Lake Elsinore, LLC has initiated proceedings for Commercial Design Review No. 2006-05 for the design and construction of a clubhouse building and associated improvements located south of Malaga Road, southeast of Lucerne Street, north of Cereal Street, and southwest of Mission Trail within the East Lake Specific Plan Amendment No.6 - APN No. 371-030-038 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No.6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build-out of the specific plan, which contemplated development of a golf course and clubhouse; and .~ ACENOA\TEM "0._ ~~ PAGE_)4- _Of_ - PLANNING COMMISSION RESOLUTION NO. 2006 -_ PAGE20F4 WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, public notice of the Project 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 October 3, 2006. 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 Project prior to making a decision to recommend that the City Council approve the Commercial Design Review No. 2006-05. SECTION 2. The Planning Commission finds and determines that no new CEQA documentation is necessary for the Project given that any and all potentially significant environmental impacts of the clubhouse were analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No.6. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of the Commercial Design Review No. 2006-05: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan and the East Lake Specific Plan Amendment No. 6 in that the approval of this clubhouse building will assist in the creation of additional job opportunities within the community. Moreover, the Project 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 commercial land uses to diversify Lake Elsinore's economic base. AGENDA ITEM NO. ~ PACE \ S OF ~'\ PLANNING COMMISSION RESOLUTION NO. 2006 -_ PAGE30F4 2. The Project complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the clubhouse building has been designed in consideration of the size and shape of the property. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. Further, the Project will complement the future proposed residential development and will create a visually pleasing, non-detractive relationship between the proposed development. The Craftsman style architecture of the building will also be used within the residential development and will tie the architecture of the two segments of the community together. Design features such as wood shingles, elongated windows with wide wood trim, wood trellis porte cochere with masonry based columns, exposed rafter tails, wood outlookers and varying roof lines provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. The potential impacts associated with the project do not result in substantial change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary for the proposed project pursuant to CEQA Guidelines Section 15162. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the Planning Commission on October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. AGEN;:;;EMt'b" OFk PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE40F4 PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. ~ PACE \1 OF ~~ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 PLANNING DIVISION (Note:Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised.) 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 Supplemental Environmental Impact Report for the East Lake Specific Plan Amendment No.6 as applicable. 3. Approval for Commercial Design Review No. 2006-05 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. AGt::NDA ITEM NO. ~ PACE \~ , OF ~ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Director of Community Development or designee. 7. 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, public streets, or Interstate 15 Any material covering the roof equipment shall match the primary wall color. 8. 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 match the architectural style of the building. 9. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 1 a.Applicant shall meet ADA (Americans with Disabilities Act) requirements. 11. The applicant shall construct a 6 foot wrought iron fence with pilasters along the northwest and southwestern boundaries. 12.Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A minimum of as' landscaped planter is required on each side of the trash enclosure. AC:ENOA ITEM NO.4 PAGE , \ OF 'a ~ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 13.No exterior roof ladders shall be permitted. 14.Applicant shall use roofing materials with Class "A" fire rating. IS.All exterior downspouts shall be painted to match with building exterior color. 16. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 17.Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. IS.0n-site surface drainage shall not cross sidewalks. 19.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 20.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. Prior To Building/Grading Permits 21.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. 22.All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign permits. ACENDA ITEM NO. ~ .PACE, ~O _OF ~ ~ CONDITION'S OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 23.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 forty feet (40) 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. 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 to provide for 50% parking lot shading in fifteen (15) years. 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 resistant plantings with combination drip irrigation system to be used to prevent excessive watering. ACENDA ITEM NO. ~ PACE Q \ OF ~ ~ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. The release of the landscape 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. i) 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. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 24.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. 25.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 26.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 27.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 28.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee of $5,620.00 per acre prior to obtaining building permits. The fee shall be calculated on the Club House parcel only (APN 371-030-038). ACiENDA ITEM NO. 4 PAGE d. ~ OF '1 ~ - CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 29. The Applicant shall place a weatherproof 3 'x3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. 30.The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. ENGINEERING DIVISION General Requirements: 31.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. 32.Prior to commencement of grading operations, the applicant shall provide 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. 33.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. All manufactured slopes greater than 30 ft. in height shall be contoured. 34.An Encroachment Permit shall be obtained prior to any work on City right-of- way. AC,ENOA ITEM NO. ~ PACE ~ '3 OF ~<1 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 35.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 36.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. 37. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 38.Provide fire protection facilities as required in writing by Riverside County Fire. 39.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, and area drainage fees. 40.Ten (10) 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 is exceeded, drainage facilities shall be provided. 41.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 42.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yz" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43. Slopes and landscaping within public right-of-way shall be maintained by property owner's association. ACENDA ITEM No.4 PACE ~ '-\ OF ~ ~ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 44.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner's association. 45.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 other phases of construction. 46.0n-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. 47.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. 48.Development within the Floodplain shall meet City and FEMA floodplain requirements. 49.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 50.Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. ACENDA ITEM NO. 4: PACE ').) OF ~~ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 51.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 52.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 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 54. 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 55.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 56.Construction Project access and hauling route shall be submitted and approved by the City Engineer, AGENDA IlEM NO. \ PAGE ~ b OF 9-~ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 57.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 59. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 60.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. 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 Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention 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 including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 62.Applicant shall provide proof that the project meets FEMA floodplain requirements and balance of grading (fill/removal) in the floodplain per RCFC District requirements. Prior to Issuance of Building Permit 63.All Public Works requirements shall be complied with as a condition of development specific for this project and as required in the Specific Plan. ACENDA ITEM NO. ~ ___ PACE?l ~ CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 64.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 65. The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 66.Submit proof that the project meets the minimum floodplain elevation (1267') requirements. 67.Pay all Capital Improvement TIF, Railroad Canyon Benefit District Fees, and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 68.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 69.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 70.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 71.All signing and striping and traffic control devices shall be installed. This includes Street Name Signs, Parking and Stop signs, and signing and striping onsite. A signoff from the City Traffic Engineer is required. ACENDA ITEM NO. 4 " PACE ~ ~ _OF ~ <1. CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW NO. 2006-05 FOR A CLUB HOUSE BUILDING AND ASSOCIATED IMPROVEMENTS APN 371-030-038 72.Water and sewer improvements shall be completed in accordance with Water District requirements. 73.Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 74.Elevation Certificates shall be provided. 75. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. End of Conditions ACENDA ITEM NO. ~ PACE a...' OF ~ I\. CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DA TE: OCTOBER 3, 2006 PREPARED BY: LINDA MILLER, PLANNING CONSULTANT PROJECT TITLE: MINOR DESIGN REVIEW OF A RESIDENTIAL DUPLEX LOCATED ON KELLOGG STREET (APN 374-044-007) APPLICANT: BT DEVELOPMENT COMPANY, INC. 30342 ESPERANZA RANCHO SANTA MARGARITA, CALIFORNIA 92688 OWNER: SAME PROJECT REQUEST The applicant is requesting design review consideration for a conventionally built two story attached residential duplex building to be placed on one (1) vacant lot pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Design Standards), and Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and the Historic Elsinore Architectural Design Standards. PROJECT LOCATION The duplex units will be constructed on Kellogg Street between Pottery Street and Sumner Avenue in the area known as the Historic Overlay District of the City of Lake Elsinore. The Zoning and General Plan Designation are Medium Density Residential, Assessor Parcel Number 374-044-007. ACENDA ITEM NO. .6 PAGE~OF 2(P REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE20F4 PROJECT TITLE: MINOR DESIGN REVIEW OF A DUPLEX ON KELLOGG STREET (APN 374-044-007) ENVIRONMENTAL SETTING Project Vacant MD - (Medium Density) MD - (Medium Density) Site Northeast Single Family MD - (Medium Density) MD - (Medium Density) Residential Southeast Vacant MD - Medium Densi MD - Medium Densi Southwest Single Family MD - (Medium Density) MD - (Medium Density) Residential Northwest Vacant MD - Medium Densi ) MD - Medium Densi PROJECT DESCRIPTION The two story duplex building includes two (2) 1,651 square foot residential units with two (2) 590 square foot attached garages for a total of 3,218 square feet of building footprint area or thirty-five percent (35%) of the total lot area of9,148 square feet. This meets the maximum allowable building area of thirty-five percent (35%) per the requirements of the Historic Elsinore Standards. Each two story unit includes a great room, kitchen, laundry area, three (3) bedrooms, and two (2) bathrooms. Each garage includes an eighty square foot storage area. Architectural Design The duplex utilizes architectural features ofthe Craftsman style architecture. Features include wrap around covered porches, horizontal wood siding, decorative windows with wide trim, elephantine columns with masonry trim, wood railing, multiple roof planes, and vertical siding at gabled ends. AGENDA ITEM 5 PAGE ~OF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE30F4 PROJECT TITLE: MINOR DESIGN REVIEW OF A DUPLEX ON KELLOGG STREET (APN 374-044-007) The following is a summary of the materials and colors proposed for each unit: Architectural Feature Horizontal Siding Vertical Siding Accent/Trim Column Base Roofing Material "Hardiplank" wood "Hardiplank" wood W ood/F oam Masonry Light weight concrete Color Khaki Brown Sierra 8-Colonial Grey Navajo WhiteINavajo Beige Santa Cruz/Coastal Ledge Multi brown Landscaping and Fencing An automatic irrigation system and landscaping will be provided on all open areas that are not paved. Approximately 3,531 square feet or thirty-nine percent (39%) of the lot area will be landscaped. A six foot (6') decorative masonry wall with pilasters will be constructed around the rear portions of the lot. A three foot (3') decorative masonry wall with pilasters will enclose the front setback area. ANALYSIS Staff has reviewed the project and found that with the attached Conditions of Approval, the residential project complies with the minimum requirements ofthe Lake Elsinore Municipal Code and the Historic Elsinore Architectural Design Standard including but not limited to density, setbacks, landscaping, parking and lot coverage. Additionally, Staff has determined that the residential duplex units will meet and/or exceed the quality of the existing homes in the area. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act, (CEQA), this project is categorically exempt from CEQA pursuant to Section 15303 (New Construction or Conversion of Small Structures) Class 3(a) that exempts up to three (3) single family residences. AGENDA ITEM 5 PAGE~OF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PAGE40F4 PROJECT TITLE: MINOR DESIGN REVIEW OF A DUPLEX ON KELLOGG STREET (APN 374-044-007) RECOMMENDATION It is recommended that the Planning Commission adopt Resolution No. 2006-_ approving the Minor Design Review for the duplex residences and associated improvements located at Kellogg Street - APN 374-044-007. Approval is based on the attached Findings, Exhibits, and Conditions of Approval. PREPARED BY: LINDA MILLER, AICP, PROJECT PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP 2. PLANNING COMMISSION RESOLUTION 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. CEQA - NOTICE OF EXEMPTION 5. REDUCED EXHIBITS 6. FULL SIZED EXHIBITS 7. FULL SIZED COLOR ELEVATIONS (presented at Hearing) AGENDAI~TEM 5 PAGE~OF~ VICINITY MAP MINOR DESIGN REVIEW DUPLEX ON KELLOGG STREET PLANNING COMMISSION ACEN{}A ITEM NO._S __ PAGE 5 ~b RESOLUTION NO. 2006- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A MINOR DESIGN REVIEW FOR A RESIDENTIAL DUPLEX PROJECT LOCATED ON KELLOGG STREET WHEREAS, an application has been filed with the City of Lake Elsinore by B T Development Company, Inc. requesting approval of a Minor Design Review for a residential duplex building to be constructed on one (1) vacant lot located on Kellogg Street between Pottery Street and Sumner Avenue (APN 374-004-007) pursuant to Chapter 17.82 (Design Review), Chapter 17.14 (Residential Development Standards), Chapter 17.66 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC), and the Historic Elsinore Architectural Design Standards and; WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of approving Minor Design Review requests for residential projects; and WHEREAS, public notice of said application 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 October 3, 2006. 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 design for the duplex residences and has found them acceptable. The Planning Commission finds and determines that this project is consistent with the LEMC and is exempt from further environmental clearance under Section 15303, Class 3(a) (New Construction of Small Structures), of the California Environmental Quality Act (CEQA). SECTION 2. That in accordance with Chapter 17.82 (Design Review) of the LEMC, the following findings for the approval of the project have been made as follows: 1. 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. ACENOA lTl:fft NO. PACe b S OF 'Q b PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE20F3 The proposed Minor Design Review for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) complies with the goals and objectives of the General Plan, in that the approval of the duplex residences 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 the development and maintenance of a broad range of housing types for all income groups and age categories. The Craftsman architecture meets the requirements of the Historic Elsinore Architectural Design Standards. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Minor Design Review for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) are appropriate in size and design to the lot and meets all setback requirements, provides front yard landscaping, and complies with the Historic Elsinore Architectural Design Standards by proposing Craftsman style architecture. Features include wrap around covered porches, horizontal wood siding, decorative windows with wide trim, elephantine columns with masonry trim, wood railing, multiple roof planes, and vertical siding at gabled ends. The duplex residences 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 materials proposed meet or exceed the size and design of the homes in the surrounding area. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Minor Design Review for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15303, Class 3(a) (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). 4. Conditions and safeguards pursuant to Chapter 17.82.100 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been ACENDA ITEM NO. S pA(;e 1 OF Q~ PLANNING COMMISSION RESOLUTION NO. 2006-_ PAGE30F3 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 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Minor Design Review for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) has been scheduled for consideration and approval of the Planning Commission. The project has been conditioned to comply with the LEMC and Historic Standards. The Minor Design Review has been evaluated pursuant to Section 17.82.100 (Minor Design Review) of the Lake Elsinore Municipal Code (LEMC) and all other applicable Sections of the LEMC and the Historic Standards. The project was found to be in compliance with all regulations and objectives of LEMC and the Historic Standards. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this third day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. PACe ~ 5 OF d.. ~ CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of permit issuance and may be revised. GENERAL CONDITIONS 1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and/or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto, which action is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167. 2. The decision of the Planning Commission shall be final ten (10) days from the . date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. PLANNING DIVISION 3. Minor Design Review approval for a duplex structure for two (2) single family residences located at Kellogg Street (APN 374-044-007) will lapse and be void unless a building permit is issued within one (1) year of the approval date. 4. Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. Page 1 of 10 AGENDA ITEM NO. :) PAGE ~ OF 'd. b CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) 6. All site improvements shall be constructed as indicated on the approved site plan and elevations, with revisions as noted herein. The applicant shall meet all required setbacks pursuant to the Lake Elsinore Municipal Code (LEMC). Any other revisions to the approved site plan or building elevations shall be subject to the review of the Community Development Director or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 7. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 8. All windows shall use surrounds and/or other architectural-type features as shown on the approved plans or modified with the approval of the Community Development Director or designee. 9. Concrete tile or similar material as stated on the plans shall be required. Roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction plans. 10.Applicant is to meet all applicable City Codes and Ordinances. I1.A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 12.The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. Page 2 of 10 ACENDA ITEM NO. 5 PAOE \ 0 OF ~ b CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) 13.Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 14.Applicant shall meet all applicable County Fire Department requirements for fire protection. 15.Applicant shall meet all applicable Building and Safety Division requirements. 16.Any exterior air conditioning or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets. Air conditioning units and related equipment may not encroach more than two-feet (2') into the required minimum side yard setback. 17. Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x twenty feet (20') for two cars. 18.The Applicant shall plant twenty-four inch (24") box street trees selected from the City Street Tree List, a maximum of thirty feet (30') apart and along all street frontages. Planting is subject to the approval of the Community Development Director or designee prior to issuance of a Certificate of Occupancy. 19. The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any changes to this plan shall be subject to the approval of the Community Development Director or designee. The landscape plan shall be implemented prior to issuance of a Certificate of Occupancy. 20.Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches. Page 3 of 10 ACENDA ITEM NO. 5 PAce \ , OF ~ b CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) 21. The Applicant shall provide front yard irrigation systems as shown on the landscape plans. The irrigation system shall be implemented prior to the issuance of a Certificate of Occupancy. 22. The Applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall be installed prior to the issuance of a Certificate of Occupancy. 23.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed, as approved by the City's Landscape Architect. A Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a Certificate of Occupancy. Fees are required for review of plans and inspections. 24.Driveways shall be constructed of concrete per Building and Safety Division standards. 25.Walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 26.The applicant shall construct a six foot (6') decorative masonry wall with pilasters and gates as shown on the plans. The wall will be constructed along the side and rear property line. The six foot (6') shall not encroach into the front setback area. It will be the responsibility of the applicant to contact the neighboring property owners to remove any existing fencing. 27.The building address shall be a minimum of four inches (4") high and shall be easily visible from the public right-of-way. Care shall be taken to select colors and materials that contrast with building walls or trim. 28.Applicant shall provide a flat concrete pad a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling. The storage pad for trash barrels shall be concealed from public view. 29. The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid prior to issuance of building permits. Page 4 of 10 ACENDA. ITEM NO. ~ PAGE '1.. OF b CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) 30.The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building permits. 31. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 32.The applicant shall submit water plans to EVMWD and shall incorporate all District conditions and standards, including payment of applicable connection fees. 33.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits. 34. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. 35. The Applicant shall pay all applicable Library Capital Improvement Fund fee. 36.Prior to the issuance of any building permit for the Project, the Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in-lieu fee at the rate of $2.00 per square-foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square-footage within the perimeter of a structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square-footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. Page 5 of 10 ACENDA ITEM NO. PACE \ ~ S OF db CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) ENGINEERING DIVISION 37.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. 38.Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 39.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. 40.Provide fire protection access and facilities as required in writing by Riverside County Fire. 41.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 other phases of construction. 42.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez@lake-elsinore.org". DEDICATION: 43.Dedicate a 2.5' wide strip of additional right of way alone northerly property line to the City for alley widening prior to issuance of building permit. Page 6 of 10 AGENDA ITEM NO. S PAGE ) '--\ OF r;).. b CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) 44.Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. STREET IMPROVEMENTS 45.Construct street pavement from gutter edge line to one foot beyond centerline of Kellogg Street (the minimum pavement section shall be 3" Asphalt Concrete over 5" Aggregate Base) from the south property line to 20' beyond the north property line of the property, per approved street plans (LEMC Title 12). 46.Construct full width alley improvements, including alley aprons and pavement, per Standard No. 500 of Riverside County Road Improvement Standards and Specification, from Kellogg Street pavement line to pavement line of Lindsay Street. Plans shall be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 47.A Calif. Registered Civil Engineer shall prepare street and alley improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours shall extend to 50' beyond the property limits on Kellogg Street centerline. 48.Work done under an encroachment permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 49.Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. Page 7 of 10 AGENDA ITEM NO. PAGe \ S OF CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) GRADING 50.Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 51.Apply and obtain a grading permit with appropriate security prior to any grading activity. 52.A grading plan stamped/signed by a California Registered Civil Engineer is required if the sum of the cut and fill in grading exceeds 50 cubic yards or the existing drainage flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit Issuance. 53.Provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 54.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. 55.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to I for stability and proper erosion control. DRAINAGE: 56.0n-site drainage shall be conveyed to a public facility, or accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. Page 8 of 10 ACENDA ITEM NO. 5 PAGE ) b OF ~ b CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) 57.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. 58.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 59.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 60.Pay all Capital Improvement and Plan Check fees (LEMC 16.34). For each unit the current traffic mitigation fee is $1,369.00; the current drainage fee is $490.00 (Town No.3. Dist.) and the current TUMF amount is $9,693.00, the amount of fees shall be adiusted according to the fee schedule current at the time of payment. 61.Provide in-lieu payment for future off-site public improvements prior to building permit. (Res. 86-35) In-lieu payment shall be calculated by developers' engineer or architect and submitted for city engineers approval. The estimate shall be based on current cost of street improvements from property line to centerline of the street within the property limits, plus a 15% added cost for engineering and construction administration. STORMW A TERI CLEANW A TER PROTECTION PROGRAM 62.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. Page 9 of 10 AGENDA ITEM NO. PAGE \1 OF S ~b CONDITIONS OF APPROVAL FOR MINOR DESIGN REVIEW FOR A DUPLEX STRUCTURE FOR TWO (2) SINGLE FAMILY ATTACHED RESIDENCES LOCATED AT KELLOGG STREET (APN 374-044-007) 63.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. Page 10 of 10 ACENOA ITEM NO.~ PAGe \ 'b OF ot. b . Notice of Exemption City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (909) 674-3124 (909) 471-1419 fax Filed With: D Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 !8l County Clerk of Riverside County 2724 Gateway Drive Riverside, CA 92507 Project Title: Minor Design Review for a Duplex with two (2) residential units Project Location (Specific): The proposed project is located on KeIIogg Street (APN 374-044-007) Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Nature, Purpose, and Beneficiaries of Project: This is a proposal to develop a two story duplex building on one (1) 9,148 square foot vacant lot. The duplex includes two (2) 1,651 square foot residential units with two (2) 590 square foot attached garages. The General Plan designation and Zoning designation is MD, High Medium Density. The project will provide affordable housing. Name of Public Agency Approving Project: City of Lake Elsinore Name of Person / Agency Administrating Project: Linda Miller, Project Planner, City of Lake Elsinore Exempt Status: o Ministerial (Section 15073) o Declared Emergency (Section 15071 (a)) o Emergency Project (Section 15071 (b) and (c)) 181 Categorical Exemption (state type and section number): Article 19 Categorical Exemptions Section 15303, Class 3 (a) New Construction or Conversion of Sma II Structures Reasons why project is exempt: This project meets the exemption requirements pursuant to Section 15303 of the California Environmental Quality Act (CEQA). Contact Person: Linda M. Miller Telephone Number: (951) 674-3124 x 209 Signed: Title: Director of Community Development Rolfe M. Preisendanz ACENOA ITEM NO. 5 'AGEr \'\ OF ~ -b - . --..... -.-- 11; t 1 ifl ~!~ ~ ~ Ilh ~u ~c.i Iii; ~~.!! 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I,t f:l,- ~h~ ~h~ Il> .. . 0000 I!IooI!lOO I I 3. i i ! ~ ~ ;~ ! ! ! ! ~ i i I ! Ii i ; i I ti ~ i ~ i II ~~~ ft~~~~U @J[g]mJl!ImJoorororooo · ! r v ij tlls!i ;j a I. ! ~I. e g w r I~ l ,. I ~ 1!~!lln3'~I~ 0Immmmmmmmoo ~ I I ! I ~ I I Sir ~i I I a n~ nIl I! I II ~n! li~llllniih EJEJSElElElElEJElrnJ 1 t tt n t " ~, tlll)l b[ ~I : ~I il ~I ~' ~: ii ~i ' J -1 ioi ~I ~ ~I i " , I' , , il I , I , , I !- z i I 0 ~ ,1- ~ , , Ii w I I , I ~ , Ii I , i I I, , i !: , I , , I ' 1- ~ ~I I, " , , ~, hi ~I 'I I, J 1 ~ !I! !I~ i -. b i ~' ~:~' ~I~'~' ~I 'I~m ~ ~~ .;~.; ACENDA ITEM NO. h ....L CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: OCTOBER 3, 2006 PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. 2006-01 APPLICANT: HOWARD P ARSELL/HOW ARD PARSELL COMPANY: 4854 MAIN STREET, YORBA LINDA, CA 92886 OWNER: 3RD LAKE PARTNERS, LLC, 32931 BRYANT STREET, WILDOMAR, CA 92595 PROJECT REQUEST The applicant is requesting design review consideration for a "tilt-up" pre-cast concrete industrial building and related on-site improvements pursuant to Chapter 17.56 (M-l Limited Manufacturing District), Chapter 17. 66 (Parking Requirements), Chapter 17.82 (Design Review), and Chapter 17.38 (Non-Residential Development Standards) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND On February 23,2006 the Design Review Committee (DRC) reviewed the proposed plans and provided several substantive comments on the proposed architectural design, building massing and location along the north property line, fencing, and landscaping. Notably, staff advised the applicant to either ascertain a maintenance easement or set the building far enough away from the north property line so that the maintenance of the building could occur without encroaching onto the adjacent property. Although the applicant disagreed, staff has added a condition of approval requiring the applicant to ascertain a maintenance easement with the adjacent property owner located along the north interior property line or relocate the building five-feet (5') off the OIQoeNrO!Y line / ACENDA1TEM. b PACE \ OF 35 REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. I 2006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377-151-039) for maintenance purposes prior to the issuance of a grading permit. The applicant resubmitted plans indicating a revised landscape plan and an architectural articulation cornice along the elevations visible from 3rd street. In addition, staff has added a condition of approval stating that the applicant shall submit elevations for a decorative architectural element to be located on the front (west) elevation wall directly adjacent to and below the front windows and sign envelope. This will assist in providing architectural relief along 3rd street. PROJECT LOCATION The approximately 1.01 acre vacant site is located on the east side of 3rd Street and approximately 765-feet south of Collier Avenue. More specifically, the property is located within the M -1 (Limited Manufacturing) zoning district and has a General Plan designation of Business Park, Assessor Parcel Number (APN) 377-151-039. ENVIRONMENTAL SETTING Vacant M -1 Limited Manufacturin ) Business Park Industrial M-l (Limited Manufacturing) Business Park Buildin South Industrial M-l (Limited Manufacturing) Business Park Buildin East Industrial M -1 (Limited Manufacturing) Business Park Buildin West Industrial M-l (Limited Manufacturing) Business Park Buildin PROJECT DESCRIPTION The applicant is proposing to develop a "tilt-up" industrial building available for lease on a 1.01 acre parcel. The proposed building will be comprised of two (2) loading AGENDA ITEM .b PAGE ~ 0% REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. I 2006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377-151-039) docks, a 16,580 square-foot warehouse with two (2) grade level loading doors, and 1,995 square-feet of two-story office space. It should be noted that although the office space will comprise two (2) stories, the developer is only proposing to complete the "vanilla shell" tenant improvement for the first-floor under this entitlement. The second story office will be completed as a tenant improvement at a later date. Siting The siting of the proposed industrial building will be situated on the northwest comer ofthe subject parcel. The site plan will meet all applicable development standards and criteria outlined in the M-l (Limited Manufacturing) zoning district and the Non- Residential development standards outlined in the LEMC. It should be noted that the north wall of the building will be located just off of the interior property line. Circulation and Parking Soace Lavout The primary access point onsite shall be provided off 3rd street. A main drive aisle, twenty- five feet (25') in width, extends along the south portion of the subject property and wraps around to the rear ofthe lot. The purpose ofthe twenty-five foot (25') wide drive aisle is to accommodate oversized vehicles as well as to comply with all requests of the Riverside County Fire Department. All parking spaces will be located on either side of the drive aisle along the rear portion of the lot and along the south end of the property line. It should be noted that the applicant is providing a five-foot (5') wide landscaping planter between the south property line and proposed parking spaces. Architecture The architectural design ofthe proposed building is a typical industrial contemporary style. The front (west elevation) facing 3rd street will include an architectural cornice, two-inch (2") reveal lines, anodized aluminum storefront windows with solar glazing, and painted concrete panels. The south elevation will include eight-inch (8") pop-out painted concrete panels, grade level metal roll-up doors, anodized aluminum storefront windows and doors with solar AGENDA ITEM ~ PAGE '.:L o~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. I 2006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377-151-039) glazing, two-inch (2") reveal lines, two (2) below-grade loading docks, and a architectural cornice that extends a approximately forty-eight feet (48') down the side of the building from the front elevation. The east elevation (rear) of the building will include a curb and railing that separates the parking spaces from the loading docks, accent paint texture, two-inch (2') reveal lines, and painted concrete panels. The north elevation includes eight-inch (8") painted concrete pop-out panels, accent painting, two-inch (2") reveal lines, and painted concrete panels. Landscaping Section 17.56.100 of the LEMC requires a minimum of fifteen-feet (15') and an average of twenty-foot (20') landscaped setback along 3rd street. The applicant is proposing landscaping in the set back area which will include five (5) Fern Pines, two (2) Camphor trees, four (4) Crapemyrtle trees, and one (1) American Sweet Gum trees, thirty-three (33) five (5) gallon Shiny-Leaf Xylosma shrubs, fourteen (14) Yellow Euryops, eight (8) five (5) gallon New Zealand Flax shrubs, and Tall Fescue Grass. All landscaping will be permanently irrigated and maintained and will include rain sensors, which will assist in the conservation of water. The applicant is also proposing to include a trash enclosure with a solid decorative roof. To maximize screening opportunities; the applicant is proposing to plant creeping vines around the enclosure. Wails and Fences On the north elevation, the applicant is proposing to use the building as the property line wall and will construct a new concrete wall approximately six-feet (6') in height that will connect from the rear ofthe proposed warehouse to the existing retaining wall located at the rear property. An existing retaining wall approximately five-to-six feet high runs along the rear AGENDA(~TEM h PAGE --=+ OF ~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. I 2006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377-151-039) portion of the subject property and an existing six-foot (6') high wall connects to the existing rear lot retaining wall and extends halfway to the front of the property, where it discontinues. The applicant is proposing to construct a six-foot (6') high wall that will connect to the existing south property line wall. This new wall will continue towards the front of the property where it will discontinue approximately eighty-four (84') from front of the property. The applicant will construct a return wall with a twenty-four foot (24') wide sliding gate, thus enclosing the rear portion of the subject property. Color and Materials Painted Concrete Wall Main Color Painted Concrete Walls Accent Panels Painted Concrete Walls Lower Band Architectural Cornice Aluminum Storefront Windows/doors Brown Painted Concrete Beige Painted Concrete Brown Solar Gray Stucco/foam Glass ANALYSIS Staffhas reviewed the project and found that with the attached conditions of approval, the project meets all minimum requirements of Chapter 17.56 (M-l, Limited Manufacturing District), Chapter 17.66 (Parking Requirements), Chapter 17.82 (Design Review), and Chapter 17.38 (Non-Residential Development Standards) ofthe Lake Elsinore Municipal Code (LEMC). Siting The project complies with the onsite parking standards listed in Chapter 17.66 (Parking Requirements) of the LEMC. Although, the M-l (Limited Manufacturing) zoning AGENDA ITEM ~ PAGElOF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. I 2006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377-151-039) district does not have a minimum lot coverage or minimum FAR section within the LEMC; the applicant is proposing to have a net lot coverage of approximately thirty- nine point eight percent (39.8%). Additionally, the project siting complies with all perimeter setbacks. Circulation and Parking Space Lavout The proposed project complies with all required parking spaces as outlined in Chapter 17.66 (Parking Requirements) of the LEMC. The details are shown as follows: Proposed Building Office Warehouse Sq .Ft. 1,995 16,580 Parking Ratio 1:250 1:500 Total Required Total Provided Parking Requirements 8 34 42 42 The project meets the minimum requirements ofthe American Disabilities Act (ADA). The ADA requires that the project provide one (1) handicapped space for every twenty-five (25) spaces provided. The applicant has provided a total of forty-two (42) spaces, of which two (2) will be dedicated for handicap use. Furthermore, the applicant is proposing two (2) compact parking spaces along the rear of the building, directly adjacent to the proposed loading docks. It should be noted that the applicant is providing wheel stops and a guard railing between the parking spaces and the loading dock pit. As the Planning Commission is aware, the parking ordinance has been revised to not allow compact stalls; however, the ordinance does not take effect until October 13,2006. Architecture and Colors and Materials The architecture of the proposed industrial building located at 570 3rd Street is consistent with the existing architecture ofthe buildings within the immediate vicinity. Furthermore, the proposed colors and materials to be incorporated on the building is consistent with the objectives and intent of the City of Lake Elsinore's design guidelines in that it provide an aesthetic quality that lends to the overall achievement of AGENDA JTEM b PAGE~OF~ REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. I 2006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377-151-039) a well balanced industrial sector. Landscaping The minimum landscaping coverage requirement for industrial projects is eight-percent (8%) as outlined in Section 17.56.100 of the LEMC. the applicant has met this requirement by proposing approximately 5,190 square-feet or twelve-percent (12%) of landscaping throughout the site. ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15303(c) (New Construction or Conversion of Small Structures), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore no additional environmental clearance is necessary. RECOMMENDATION It is recommended that the Planning Commission adopt; Resolution No. 2006-_ recommending City Council adoption of findings of consistency with the Multi- Species Habitat Conservation Plan and Resolution No. 2006_ recommending to the City Council approval ofIndustrial Design Review No. 2006-01 based on the Findings, Exhibits, and the proposed Conditions of Approval. PREPARED BY: JUSTIN CARLSON, ASSOCIATE PLANNER APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. VICINITY MAP AGENDA ITEM -b PAGElOF32 REPORT TO PLANNING COMMISSION OCTOBER 3, 2006 PROJECT TITLE: INDUSTRIAL DESIGN REVIEW NO. I 2006-01 FOR A PROPOSED INDUSTRIAL BUILDING LOCATED AT 570 3RD STREET (APN: 377-151-039) 2. PLANNING COMMISSION RESOLUTIONS 3. PLANNING COMMISSION CONDITIONS OF APPROVAL 4. CEQA-CATEGORICAL EXMEMPTION 5. SITE PLAN 6. PRELIMINARY GRADING PLAN 8. PRELIMINARY LANDSCAPE PLAN 9. FLOOR PLAN 10. ELEVATIONS AGENDAJTEM 1-, PAGE -IL OF ~ VICINITY MAP INDUSTRIAL PROJECT NO. 2006-01 ~ ::f ~ PLANNING COMMISSION AGEN~~:EM !!{- OF ~')- RESOLUTION NO. 2006- 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 INDUSTRIAL DESIGN REVIEW NO. 2006-01 FOR AN INDUSTRIAL BUILDING WITH TWO-STORY OFFICES WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006-01 for the design and construction of an industrial building with two-story offices and related improvements located at 570 3rd Street - APN: 377-151-039 (the "Project"); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Design Reviews; and WHEREAS, public notice of the Project 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 October 3, 2006. 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 Project prior to making a decision to recommend that the City Council approve Industrial Design Review No. 2006-01. SECTION 2. The Planning Commission finds and determines that the Project is categorically exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, Section 15303 (c), an exemption for new construction or conversion of small structures. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of the Industrial Design Review No. 2006-01: 1. The Project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the Project will be located. ACENDA nSM NO. ~ PACE \'0 OF ''}5 -- PLANNING COMMISSION RESOLUTION NO. 2006 - PAGE20F3 The Project complies with the goals and objectives of the General Plan in that the approval of the industrial building will assist in achieving development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. The General Plan designation for the Project site is Business Park. The primary purpose of areas designated Business Park is to provide for light industrial, research and development, support services, and office based firms seeking an attractive environment and a prestigious location. The land use category permits a limited amount of business, commercial, and personal services that directly serve the users and employees of the Business Park and it is intended that allowed uses and storage of supplies, equipment, or materials will be contained within an enclosed building. The zoning designation for the Project site is M-l (Limited Manufacturing). The intent of the M-l District is to reserve appropriate locations consistent with the General Plan for certain categories of light industrial uses that are relatively free of nuisance or hazardous characteristics and to protect these areas from intrusion by residential, commercial, and other harmonious uses. 2. The Project complies with the design directives contained in the Canyon Creek "Summerhill" Specific Plan, Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the proposed industrial building has 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 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 materials, and site design proposed evidence a concern for quality and originality. The industrial building has been designed to include a twenty-foot (20') front-yard landscaped setback, architectural roof cornicing, eight-inch (8 '') concrete panel pop-outs, and adequate onsite landscaping. The industrial building will be constructed of concrete "tilt-up" walls. The primary color of the walls will be "white, " the accent pop-out walls will be the color "brown, " and have a lower band color of "beige." All roll-up doors will be painted "brown" and the architectural roof cornice will be stuccoed foam painted "brown." The windows and doors at the front of the building will be comprised of anodized aluminum with solar glazing in a "solar gray. " AGENDA ITEM NO. -b PACE \~ OF 35 ~ PLANNING COMMISSION RESOLUTION NO. 2006 - PAGE30F3 3. Subject to the attached conditions of approval, the proposed Project is not anticipated to result in any significant adverse environmental impacts. Pursuant to CEQA, the Project, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment and is categorically exempt from the provisions of CEQA pursuant to CEQA Guidelines Section 15303(c), an exemption for new construction or conversion of small structures. 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 Lake Elsinore Municipal Code Section 17.82.070, the Project has been scheduled for consideration and approval of the Planning Commission at the regularly scheduled meeting of October 3, 2006. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman City of Lake Elsinore ATTEST: Rolfe M. Preisendanz Director of Community Development AGENOA 'TEM NO. . b PAGE \ ~ OF ;,S RESOLUTION NO. 2006- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW 2006-01 (I 2006-01) IS CONSISTENT WITH THE MULTI- SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Howard Parsell, Howard Parsell Company, has initiated proceedings for Industrial Design Review No. 2006-01 for the design and construction of a industrial building with two-story offices with related improvements located at 570 3rd Street - APN 377-151-039 (the "Project"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects, whether within a criteria cell or not, undergo the Lake Elsinore Acquisition Process ("LEAP"); however, Projects not within a criteria cell are not required to complete the Joint Project Review ("JPR"); and WHEREAS, projects not within a criteria cell need not be evaluated pursuant to all MSHCP requirements; but, must be evaluated in light of the general MSHCP "Plan Wide Requirements"; and WHEREAS, Section 6.0 of the MSHCP requires that the City of Lake Elsinore adopt consistency findings for all Projects demonstrating the Project's compliance with the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.82, requests for industrial design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the Project is not within an MSHCP criteria cell, but was evaluated pursuant to the MSHCP "Plan Wide Requirements"; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 99 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. 99 15000 et seq.), the Project is categorically exempt from further CEQA review pursuant to a class 3 categorical exemption for new construction or conversion of small structures (CEQA Guidelines 9 15303(c)). WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development AGENC~A \TEM NO. ~ PAGE \~ OF ~S PLANNING COMMISSION RESOLUTION NO. 2006- PAGE20F4 Department and other interested parties at a public hearing held with respect to this item on October 3,2006. 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 Project's consistency with the MSHCP prior to making a decision to adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: MSHCP CONSISTENCY FINDINGS 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The proposed Project site is not located within a MSHCP criteria cell. However, based on requirements of the MSHCP, the Project was still required to be consistent with Section 6.1.2 Riparian/Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. Because the proposed Project is not located within a MSHCP Criteria Cell, it was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. A site inspection revealed no riparian/riverine areas or vernal pools on the Project site. Further, the Project site is completely surrounded by existing development. The Project is therefore consistent with the Riparian/Riverine ACENDA tTEM NO. ( rw;E 1~ OF ~5 PLANNING COMMISSION RESOLUTION NO. 2006- PAGE30F4 Areas and Vernal Pool Guidelines of MSHCP Section 6.1.2. No further MSHCP action is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further MSHCP action is required. 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl Survey Area, and is therefore subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. The site was inspected by City Stafffor the presence of burrowing owls or suitable habitat for this species. No burrowing owls or suitable habitat are present on the Project site. Further the Project site is surrounded by existing development. The Project is therefore consistent with Section 6.3.2 of the MSHCP. No further MSHCP action is required. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. As stated above, the proposed Project is completely surrounded by development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. No further MSHCP action is required. 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the Vegetation Mapping requirements of Section 6.3.1 of the MSHCP. No further MSHCP action is required. 8. The Project is consistent with the Fuels Management Guidelines. As stated above, the Project is completely surrounded by development. Therefore, the Fuels Management Guidelines of Section 6.4 of the MSHCP are not applicable. No further MSHCP action is required. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will be required to pay the City's MSHCP Local Development Mitigation Fee. ACENDA'TEM NO. -b PA<;E \ 5 OF ,,') PLANNING COMMISSION RESOLUTION NO. 2006- PAGE40F4 10.The Project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further MSHCP action is required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3rd day of October, 2006, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Michael O'Neal, Chairman Lake Elsinore Planning Commission ATTEST: Rolfe M. Preisendanz Director of Community Development ACENDA ITEM NO. b PACE \ ~ OF ~ 5 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. Approval for Industrial Design Review No. 2006-01 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 3. 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. 4. The applicant shall comply with Section 17.78 (Noise Control) of the LEMC. 5. 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. 6. Any alteration or expansion of a project for which there has been a ACENDA ITEM NO. PACE \1 b OF 35 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006-01 Page 2 of 13 "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. 7. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 8. 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. 8. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 9. 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. 10. 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. 11. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 12. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 13. No exterior roof ladders shall be permitted. 14. All exterior downspouts shall be concealed within the building. Agenda ~ page~Of ')5 CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006-01 Page 3 of 13 15. 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. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. 17. On-site surface drainage shall not cross sidewalks. 18. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 19. All trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 20. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 21. All parking spaces adjacent to the proposed loading dock shall have wheel stops. 22. All drive aisles and loading areas shall be kept free and clear of any materials/merchandise so as to not obstruct onsite circulation and deliveries. 23. If the applicant proposes an exterior mailbox, he/she shall submit elevations to be reviewed and approved by the Community Development director or designee. 24. Split face block shall be used on all proposed walls and shall match the color of all existing walls. 25. The applicant shall utilize a bio-retention system for NPDES compliance that shall be fully landscaped. Agenda 6 Page \\Of~ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006-01 Page 4 of 13 26. All Conditions of Approval shall be met prior to issuance of Certificate of Occupancy. 27. Prior to the issuance of a grading permit, the applicant shall secure a maintenance agreement with the adjacent property owner located along the north interior property line. If a maintenance agreement cannot be ascertained, the applicant shall relocate the building five-feet (5') off the property line for maintenance purposes. 28. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of operation and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. Prior to Issuance of Building Permit: 29. 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. 30. Prior to the issuance of a building permit, the applicant shall submit elevations for a decorative solid roof over all trash enclosures. The decorative solid trash enclosure roof shall be reviewed and approved by the Community Development Director or designee. 31. Prior to the issuance of building permits, the applicant shall revise the landscape plan to indicate that all onsite trees will be a minimum of twenty- four inch (24") box in size. 32. Prior to the issuance of building permit, the applicant shall revise the site/landscape plan to indicate that all required parking lot trees shall be located at the end of all planting beds. 33. Prior to the issuance of a building permit, the applicant shall revise the site/elevation plan to indicate that the safety railing along the loading dock extends to the end of the loading dock curbing so that it ends at grade level. Agenda ~ page~ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006-01 Page 5 of 13 34. The applicant shall incorporate a decorative architectural element to be located on the front (west) elevation wall directly adjacent to and below the front windows and sign envelope. All proposed architectural elements shall be reviewed and approved by the Community Development Director or designee, prior to the issuance of building permits. 35. Prior to the issuance of a building permit, the applicant shall submit elevations of the twenty-four foot (24') sliding security gate to be reviewed by the Community Development director or designee. Chain link fencing will not be permitted. 36. The applicant shall install a decorative wall return and pilaster that connects to the sliding twenty-four foot (24') security gate that is visible from 3 rd street. The wall return elevations are to be reviewed and approved by the Community Development Director or designee, prior to the issuance of a building permit. 37. Prior to the issuance of a building permit, the applicant shall revise the site plan to indicate that all proposed walls are located off the property line or submit a notarized letter indicating that all adjacent property owners agree to having the placement of all proposed walls on the property line. 38. 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. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). Agenda ,b Page Q. \Of~ CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO.2006-01 Page 6 of 13 d. 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. e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f. Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. 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 of shrubs required on slopes shall be five-gallon container size. 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. Final landscape plans to include planting and irrigation details. 39. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 40. Decorative light fixtures shall be placed within the onsite parking lot. The fixtures shall be ADA compliant and shall compliment and enhance the Agenda b page~f~' CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO.2006-01 Page 7 of 13 architectural style of the buildings onsite. The specific fixture type shall be reviewed and approved by the Community Development Director or designee and shall be shown on the construction drawings. 41. Prior to the issuance of a building permit, the applicant shall pay park-in- lieu fee in effect at time of building permit issuance. 42. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of a building permit. 43. Prior to the issuance of a building permit, the applicant shall provide assurances that all requirements of the Riverside County Flood Control and Water Conservation District have been met. ENGINEERING DEPARTMENT General Requirements: 44. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 45. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 46. Prior to the issuance of a building permit, the applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. 47. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 48. The proposed development shall be designed to allow for truck turning movements on site as well as onto the site. The applicant shall show truck turning templates on driveways and loading areas. The applicant shall Agenda h Page~ofn CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006-01 Page 8 of 13 provide, in writing, approval of fire protection access and facilities as required by Riverside County Fire Department. 49. The applicant shall pay all fees and meet the requirements of a encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78).+ 50. All compaction reports, grade certifications (with tie notes delineated on 8 1/2" xlI Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 51. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 52. All improvement plans and parcel or tract maps shall be digitized. Prior to approval of tract or parcel map, and street improvement plans by City Engineer applicant shall submit digitized files compatible with the City's Arc Info/GIS or pay $1000 per sheet for city to digitize. Grading: 53. 54. 55. The developer/applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. A grading plan stamped/signed by a California Registered Civil Engineer is required if the grading exceeds 50 cubic yards and the existing flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate counters and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. All contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. The applicant/developer shall apply and obtain a grading permit with appropriate security prior to grading permit issuance. Agenda -.b Page Q ~Of 3.s CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO.2006-01 Page 9 of 13 56. The applicant shall provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. The applicant shall provide final soils report showing compliance with recommendations. 57. 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 other phases of construction. 58. The applicant is 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. 59. All 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. 60. This property is within Zone AO of Temescal Wash, with flood depth of one to three feet of sheet flow on sloping terrain; the final floor elevation shall be one foot above potential 100 year flood elevation, which city recommends to be assumed as 3 feet above the FEMA' s Flood Insurance Rate Map flood elevation of 1262. Drainage: 61. 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. 62. The applicant shall meet all requirements ofLEMC 15.64 regarding flood hazard regulation. 63. The applicant shall meet all requirements ofLEMC 15.68 regarding flood plain management Agenda ~ Page QS of..32 CONDITIONS OF AFPROV AI.. COMMERICAL DESIGN REVIEW NO.2006-01 Page 10 of 13 64. The applicant shall submit Hydrology and Hydraulic Reports per Riverside County Flood Control District for review and approval by City Engineer. The developer/applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 65. All drainage facilities in this project shall be constructed according to Riverside County Flood Control District Standards. 66. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 67. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for construction period and a project-specific WQMP for post construction including its maintenance implementation. The project-specific WQMP shall demonstrate that discharge flow rates, velocities, duration, and volume, for the post construction condition, from a -2-year and 10-year, 24-hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. 68. The applicant/developer shall use Site Design BMPs such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge areas, and conserving natural areas, and allow runoff to sheet-flow through landscaped swales or natural drainage channels. 69. The applicant/developer shall provide first flush BMP's using the best available technology that will reduce storm water pollutants prior to entering into outside street drainage facilities (MS4). 70. The project-specific WQMP shall provide measures to minimize the impact from the Pollutants of Concern and Hydrologic Conditions of Concern identified for the Project. Where Pollutants of Concern include Agenda b Page ~ ~ of '} S CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006-01 Page 11 of 13 pollutants that are listed as causing or contributing to impairments of Receiving Waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall incorporate the applicable Source Control, and treatment Control BMPs as described in the Santa Ana River Region WQMP and provide information regarding design considerations, and the long-term operation and maintenance requirements for BMPs requiring long-term maintenance, as well as the mechanism for funding the long-term operation and maintenance of the BMPs requiring long-term maintenance. 71. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder to inform future property owners of the requirement to implement the approved project-specific WQMP. The project applicant shall cause the approved final project-specific WQMP to be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post-Construction Management Plan. 72. Education guidelines for Water Quality Management Practices (WQMP) shall be provided to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the WQMP in the Riverside County NPDES Drainage Area Management Plan. 73. Prior to building permit close-out or the issuance of a certificate of occupancy or certificate of use, the applicant shall: A- Demonstrate that all structural BMPs described in the project-specific WQMP have been constructed and installed in conformance with approved plans and specifications; B- Demonstrate that applicant is prepared to implement all non-structural BMPs described in the approved project-specific WQMP; and C- Demonstrate that an adequate number of copies of the approved project-specific WQMP are available for the future owners/occupants. Agenda ~ page~Of~ CONDITIONS OF APPROVAL COMMERICAL DESIGN REVIEW NO.2006-01 Page U of 13 74. The applicant/developer shall pay Master Planned Drainage fees of $7,155.00 per gross acre of the lots, a total of $7,226 (Third Street District. ) Street Improvements: 75. The street shall be improved from property line to the existing curb within the limits of the property's frontage on Third Street. The improvements shall include parkway landscaping as required by city engmeer. 76. The developer/applicant shall pay all fees and meet requirements of encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 77. All compaction reports, grade certifications shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Fees: 78. The developer/applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). Pay Master Drainage Fee, prior to issuance of grading permit and TIF and TUMF and Kangaroo Rat Fee fees prior to issuance of building permit, the following is the current fee schedule: Master Drainage Plan Fee for Third Street District is ($7,155.00 per acre.) The TIF amount is $0.81 per square foot of building; TUMF amount is $1.58 per square foot of building; Kangaroo Rat Fee is ( $500.00 per acre x 1.01 acre) $505.00 The amount of fees shall be per schedule of fees in effect at the time the payment is made. Agenda h Page ?10f ~S CONDITIONS OF APPROV AI.. COMMERICAL DESIGN REVIEW NO.2006-01 Page 13 of 13 LAKE ELSINORE UNIFIED SCHOOL DISTRICT 79. Pursuant to AB 2926, AB 1600 and AB 181 the Lake Elsinore Unified School District would require payment, by the owner (or developer), of the maximum allowable commercial/industrial school fee prior to the issuance of a certificate of compliance. LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT 80. The developer is to pay park fees of $0.10 per square-foot for all interior commercial/industrial space. 81. The developer is to comply with all NPDES storm water requirements. 82. The developer will be required to participate in the "Public Facility" fee program. 83. The developer is to maintain all exterior walls and landscaping. 84. The developer is to participate in the City-wide LLMD. 85. The developer is to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 86. The City's Landscape Architect IS to reVIew all landscape and/or irrigation plans. RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTIRCT 87. An encroachment permit shall be obtained for any construction related activities occurring within District right-of-ways or facilities. For further information, contact the District's encroachment permit section at (951) 955-1266. (Third Street Channel) ELSINORE VALLEY MUNICIPAL WATER DISTRICT 88. The applicant shall request a will serve letter for the service of water and sewer. Agenda b Page Q'\ of )5 Notice of Exemption City of Lake Elsinore Planning Division 130 S. Main Street Lake Elsinore, CA 92530 (951) 674-3124 (951) 471-1419 fax Filed With: D Office of Planning and Research 1400 Tenth Street, Room 121 Sacramento,()\ 95814 IRI County Oerk of Riverside County 2724 Gateway Drive Riverside, ()\ 92507 Project Title: Industrial Design Review No. I 2006-01 Project Location (Specific): The proposed project is located on the east side of 3rd Street and approximately 765-feet south of Collier Street at 570 3rd Street (APN: 377-151-039). More specifically, the property is located within the M-l (Limited Manufacturing) zoning district and has a General Plan designation of Business Park. Project Location (Gt}J: Gtyof Lake Elsinore Project Location (Count}J: Riverside County Description of Nature, Purpose, and Beneficiaries of Project: The applicant is proposing to develop a "tilt-up" industrial building available for lease on 44,168 square-foot or 1.01 acre parcel. The proposed building will be comprised of two (2) loading docks, a 16,580 square-foot warehouse with two (2) grade-level loading doors, and 1,995 square-feet of two-story office space. The proposed project will have a net lot coverage of approximately thirty-nine point eight percent (39.8%). Name of Public Agency Approving Project: Gty of Lake Elsinore Name of Person / Agency Administrating Project: Justin Carlson, Associate Planner, Gty of Lake Elsinore Exempt Status: D Ministerial (Section 15073) D Declared Emergency (Section 15071 (a)) D Emergency Project (Section 15071 (b) and (c)) [8] Categorical Exemption (state t}pe and section number): Article 19 Categorical Exemptions Section 15303, Oass 3 (c) New Construction or Conversion of Small Structures Reasons why project is exempt: This project meets the requirements pursuant to Section 15303 of the California Environmental Quality Act (CEQA). 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I +-r- i - I I II I j I r - I , " r I I , I I I , Ii I I ~ ~ 2 z I, 0 - ~ ' I I- ~ II e( ~ I > ~ W .... 2 I I w 2 !!? l- ii !!? en ~ w I ~ ~ z I I z 0 0 i= I - I l- e( e( > > W W .... ...I W W ::I: ~ ::I: l- I- a: ~ ::) 0 0 z en 2 !!? ~ z o i= e( > W .... W I- U) e( W !!? ~ t,i) b Ac;ENDA lieA NO, PAGE 3S OF ).S CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DA TE: OCTOBER 3, 2006 PREPARED BY: TOM WEINER, PLANNING MANAGER TITLE: PUBLIC CONVENIENCE AND NECCESSITY (PCN) NOTIFICATION TO STATE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL FOR THE TARGET STORE LOCATED AT 18287 COLLIER AVENUE (OAK GROVE SHOPPING CENTER) BACKGROUND AND DISCUSSION On March I, 2005, the Planning Commission recommended approval of entitlements for the Oak Grove Commercial Shopping Center located on the northwest comer of Central and Collier Avenues. The establishment of a Target retail store within the commercial center was included as part of the approvals. The State of California Business and Professions Code mandates that off-premise alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol related uses obtain a Public Convenience and Necessity (PCN) finding from the local jurisdiction. The Target store is currently located in a census tract which contains seven (7) off-premise alcohol establishment licenses. State Department of Alcoholic Beverage Control guidelines only allows for two (2) off-premise alcohol establishments within this census tract. Typically, the PCN findings are reflected within an approved resolution. However, since this type of alcohol related use (drug store) does not require a Conditional Use Permit or other type of entitlement, a resolution containing a finding of Public Convenience and Necessity was never generated. In turn, in order for Target to sell beer and wine, a letter indicating that the local jurisdiction has no objections based on the finding of public convenience and necessity is warranted. 1 ACENDA lTEM NO...~_ - r- ~~ \ OF S PA~_ 1 - _J REPORT TO PLANNING COMMISSION July 18, 2006 DISCUSSION ITEM: TARGET PCN Upon concurrence of the Planning Commission and signature of the Chairman, the PCN letter (attached) will be forwarded to ABC for processing. RECOMMENDATION Approve and sign letter of Public Convenience and Necessity. PREPARED BY: TOM WEINER, PLANING MANAGER APPROVED BY: ~ ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS: 1. PCN letter addressed to ABC 2. Letter from Hinman and Carmichael, LLP requesting PCN notification to ABC AGENDMTEM J. PAGE~OFS= CITY OF ~ LAKJ: ,6,LSiNO~ ~ DREAM E,XTREME October 4, 2006 California Department of Alcoholic Beverage Control Attn: Investigator Vickie Elliot 3737 Main Street, Suite 900 Riverside, CA 92501 RE: Public Convenience and Necessity Letter for Target, 18287 Collier Avenue, Lake Elsinore CA 92530 Dear ABC Official: MAYOR This letter is in reference to a Type 20 off-premise beer and wine license proposed for the Target store at the location listed above. Pu 23958.4 of the Business and Professions Code, prior alcoholic beverage license, the City is required to whether the establishment seeking the license and necessity. or related issues, please contact 124. ROBERT E. MAGEE ROBERT SCHIFFNER MAYOR PRO TEM The Riverside County Sheriff Departm and does not object to the issuan recommending approval of the off- on the finding of public convenien DARYL HICKMAN COUNCILMAN If you need further information Tom Weiner, Planning Mana GENIE KELLEY Sincerely, COUNCILWOMAN THOMAS BUCKLEY COUNCILMAN Michael O'Neal Chairperson, City of Lake ROBERT A. BRADY ~ -'- CITY MANAGER Rolfe Preisendanz Director of Communit~ 951.674.3124 130 S. MAIN STREET LAKE ELSINORE. CA 92530 7 ACENOA'iE" NO,-=, ~ ~ Of pAot:~...= WWW.LAKE-ELSINORE.oRG 260 CALIFORNIA STREET. SUITE 1001 SAN FRANCISCO, CA 94111 TEL: 415.362.1215 FAX: 415.362.1494 August 24, 2006 By Mail and Facsimile: (951) 471-1419 Tom Weiner Planning Manager Community Development Department City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 Re: Finding of Public Convenience or Necessity Target Corporation, Target 18287 Collier Ave., Lake Elsinore Dear Mr. Weiner: Our client, Target Corporation, has applied for a Type 20 off-sale beer and wine license to sell alcoholic beverages at its new store at 18287 Collier Ave., in Lake Elsinore. Because the store is located in a census tract that has an "undue concentration" of off-sale licenses under Section 23958.4 of the Business and Professions Code, Target is requesting a determination that public convenience or necessity will be served by issuance of the license. The following is an explanation of Target's intended operations. The Target store will be the anchor tenant in the new Oak Grove Crossing Shopping Center opening in October. The Target store will include an expanded market section, along with the broad range of general merchandise products that customers have come to expect at a Target store. The beer and wine will be displayed in the market section, along with the other food and beverage products that Target sells. Adding beer and wine sales will offer customers a more complete shopping experience and will provide a convenience to Target's customers by eliminating the need for an additional shopping trip. Target understands the responsibilities that come with selling alcoholic beverages and has developed an extensive training program for store managers, trainers and cashiers who handle alcohol sales. The training focuses on cashier responsibilities in preventing underage sales, methods for verifying identification, handling intoxicated guests and cashier liability. Target also has age verification technology built into its point of sale system to further assist employees in preventing underage sales. OF Tom Weiner Planning Manager . August 24, 2006 Page 2 For the reasons set forth, we are requesting that the city make a finding that the licensing of the new Target store with a Type 20 off-sale beer and wine license will serve public convenience or necessity. If you have any questions about Target's proposed operations, please do not hesitate to call me. Sincerely, lxftk A1J w-2.-1J6 Beth Aboulafia 1 ACENI)A tTEM NO. PACE ~ _OF S