PLANNING COMMISSION
RECOMMENDED CONDITIONS
PLANNING COMMISSION HEARING DATE: May 12, 2022
PLANNING CASES: PR-2021-001157 (Rezone, Design Review, Variance) Planning
1. The subject property shall be developed substantially as described in the text of this report and as shown on the plans on file with this case, except for any specific modifications that may be required by these conditions of approval.
2. Any future modifications to the approved design shall be submitted to the Planning Division for consideration. A separate application and fee may be required.
3. Advisory: Signs shail be permitted in accordance with Chapter 19.620 of the Zoning Code. Any new signs shall be subject to separate review and assessment. A separate sign application, including fees and additionai sets of plans, will be necessary prior to sign permit issuance.
During Construction Activities:
4. Construction and operation activities on the property shall be subject to the City's Noise Code (Title 7), which limits construction noise to 7:00 a.m. to 7:00 p.m. weekdays, and 8:00 a.m. to 5:00 p.m. Saturdays. No construction noise is permitted on Sundays or federal holidays.
5. The Construction Contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.
6. The Construction Contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and noise-sensitive receptors nearest the project site during all project construction.
7. To reduce construction related particulate matter air quality impacts of the project, the following measures shall be required:
a. The generation of dust shall be controlled as required by the AQMD; b. Trucks hauling soil, dirt or other emissive materials shall have their loads covered with a tarp or other protective cover as determined by the City Engineer; c. The project contractors shail equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards;
d. Streets shall be swept at the end of the day if visible soil material is carried onto adjacent paved public roads;
e. Trucks and other equipment leaving the site shall be washed off;
8. To reduce diesel emissions associated with construction, construction contractors shall provide temporary electricity to the site to eliminate the need for diesel-powered electric generators or provide evidence that electrical hook ups at construction sites are not cost effective or feasible.
Prior to Building Permit issuance:
9. The Zoning Code Map shall be amended as shown in Exhibit 7 contained in the attached City Planning Commission staff report dated May 12, 2022.
10. A Declaration of Covenants, Conditions and Restrictions (CC&R's) shall be prepared and recorded, subject to the City's Planning Division and City Attorney's Office review and approval. The CC&Rs shall contain the following conditions and restrictions:
a. Storage of personal belongings shail be prohibited on outdoor patios and in open space or landscaped areas unless enclosed and fully screened from view. b. All vehicles parked on site in conjunction with this use shail be maintained in operable condition.
c. The applicant shall be responsible for maintaining the area adjacent to the premises over which they have control and shall keep it free of litter. d. The applicant shall be responsible for maintenance of all common open space areas and all other privileges and responsibilities of the common ownership.
11. Landscaping and Irrigation plans shall be submitted to the Planning Division for review.
Design modifications may be required as deemed necessary Separate applications and filing fees are required.
12. Staff Required Landscape and Irrigation Condition: Plans submitted to the Planning Division for review and approval shail incorporate the following:
a. The front yard landscape setback along La Sierra Avenue shall consist of tiered plant materials subject to the Planning Division's review and approval.
13. Staff Required Wall Conditions: Plans submitted for Plan Check shail include the following:
a. The vehicular entry gate shall be removed.
b. Wails within the 10-foot front yard setback shall not exceed four feet in height provided that the openwork portion of the fence or wall above a height of three feet shall be no more than one part solid to three parts open with no portion of the solid wall, excluding pilasters, extending above three feet.
14. Photometric/Lighting Plan: A photometric study and manufacturer's cut sheets of ali exterior lighting on the building, in the landscaped areas, parking lots and pedestrian paths shall be submitted with the exterior lighting plan. a. All on-site lighting shall provide a minimum intensity of one foot-candle and a maximum of ten foot-candles at ground level throughout the areas serving the public and used for parking, with a ratio of average light to minimum light of four to one (4:1); b. The maximum allowable light trespass shall not exceed 0.5 foot-candle (5 lux) beyond the property line;
c. The light sources shall be hooded and shielded to minimize off-site glare, shall not direct light skyward and shall be directed away from adjacent properties and public rights-of-ways; d. If lights are proposed to be mounted on buildings, down-lights shall be utilized; e. Light poles shall not exceed 14 feet in height, including the height of any concrete or other base material, within 50-feet of residential property lines, otherwise light standards shall not exceed 25 feet in height, including the height of any concrete or other base material; and f. Forsafety, all pedestrian paths shall be adequately lighted throughout the project.
15. Roof and building mounted equipment shall be fully screened from the public right-of way. Screening material shail be integrated with the design of the building and be at least as high as the proposed roof mounted equipment.
16. Ground mounted equipment shall be fully screened from the public right-of-way.
17. Construction plans submitted for Plan Check review shall specify the location, design and color of all domestic water meters, backflow preventers, and all on- and off-site utility cabinets subject to Planning Division and Public Utilities' review and approval. The visibility of such facilities shall be minimized and include use of the smallest equipment possible, be painted green, and include of some form of screening including but not limited to berming, landscaping, and/or installation of a screen wail.
18. Submit three sets of plans depicting the preferred location for above ground utility transformer of capacity to accommodate the planned or speculative uses within the building(s) or subject site. These plans shall be reviewed and approved by the Planning Division and Public Utilities Department - Electric Division prior to the issuance of a building permit. The proposed location of the transformer shall be level, within 100 feet of the customer's service point, accessible to service trucks and in a location where the transformer can be adequately screened from public view, either by buildings or landscape screening.
Prior to Release of Utilities and/or Occupancy:
19. Install the landscape and irrigation per the approved plans and submit the completed "Certificate of Substantial Completion" (Appendix C of the Water Efficient Landscaping and Irrigation Ordinance Summary and Design Manual) signed by the Designer/auditory responsible for the project. Contact the project Planner at (951) 826-5371 to schedule the final inspection at least one week prior to needing the release of utilities.
20. The applicant shall provide written evidence to the Planning Division and the Riverside Police Department that they will be participating in the City's Crime Free Multi-Housing Program.
Standard Conditions
21. There is a 24-month time limit in which to commence construction of the project beginning the day following approval by the Planning Commission unless a public hearing is held by City Council; in that event the time limit begins the day following City Council approval.
The Design Review and Variance may be granted time extensions by the Community & Economic Development Director, or their designee, up to a total of two years beyond the original approval expiration date prior to issuance of any building permits. Once a building permit has been issued, the development will be considered vested and time extensions are no longer needed.
22. Prior to the expiration of the entitlements, if building permits have not been obtained, a time extension request shall be submitted to the Planning Division. The request shall include a letter stating the reasons for the extension of time and associated fee shall be submitted to the Planning Division.
PLEASE BE ADVISED THAT THE APPLICANT WILL NOT BE NOTIFIED BY THE PLANNING DIVISION ABOUT THE PENDING EXPIRATION OF THE SUBJECT ENTITLEMENT.
23. Within 30 days of approval of this case by the City, the developer shall execute an agreement approved by the City Attorney's Office to defend, indemnify, including reimbursement, and hold harmless the City of Riverside, its agents, officers and employees from any claim, action, or proceeding against the City of Riverside, its agents, officers, or employees to attack, set aside, void, or annul, an approval by the City's advisory agency, appeal board, or legislative body concerning this approval, which action is brought within the time period provided for in Section 66499.37 of the Government Code. The City will promptly notify the developer of any such claim; action or proceeding and the City will cooperate in the defense of the proceeding.
24. This project shall fully and continually comply with all applicable conditions of approval, State, Federal and local laws in effect at the time the permit is approved and exercised and which may become effective and applicable thereafter, and in accordance with the terms confained within the staff report and all testimony regarding this case. Failure to do so will be grounds for Code Enforcement action, revocation, or further legal action.
25. Enumeration of the conditions herein shall not exclude or excuse compliance with all applicable rules and regulations in effect at the time this permit is exercised.
26. The subject property shall be developed and operated substantially as described in the text of this report and as shown on the plot pian on file with this case except for any specific modifications that may be required by these conditions of approval.
27. The applicant shall continually comply with all applicable rules and regulations in effect at the time permit is approved and exercised and which may become effective and applicable thereafter.
Public Works
28. PRIOR TO PERMIT ISSUANCE, add the following notes to the site/plot or landscape plans and email PDF to [email protected] for review and approval:
29. Plant 24" box size Ligustrum lucidum in parkway in Public Right-Of-Way along La Sierra Ave. Prior to any planting, Tree Inspector to determine precise locations (and quantities) at time of scheduled site inspection after fine grading and hardscape installation is complete. Planting, staking, irrigation, root barriers to Landscape & Forestry specifications Protect In Place existing Washingtonia filifera; PLANT 24" box size Chionanthus retusus in public right of way along lowa Avenue. Tree Inspector to determine precise locations and quantities at time of scheduled site inspection after fine grading and hardscape installation. Planting, staking, irrigation, root barriers to Landscape & Forestry specifications.
Fire Department
30. Fire sprinkler, fire alarm, fixed extinguishing system, emergency radio systems, standpipes or any other type of fire protection systems that are required by the California Fire Code, California Building Code or City Ordinance, shail be submitted by a California Licensed contractor, under separate permit to Riverside Fire Department for approval and permit issuance prior to any work on such systems.
31. Provide for fire department access to the facility. "Knox" key devices are available for use in the city. Contact the Fire Department for applications and details.
32. To comply with all applicable requirements per CFC, Chapter 33 (Fire Safety During Construction and Demolition).
33. Requirements for construction shall follow the currently adopted California Building Code and California Fire Code with City of Riverside amendments.
34. Construction plans shall be submitted and permitted prior to construction.
35. Fire Department access shail be maintained during all phases of construction.
Public Utilities - Water
36. Prior to issuance of building permit, applicant shall submit an application to the water department for the installation of a second water service and meter to serve the residential units.
37. Backflow prevention devices are required on all water services to this project.
Public Utilities - Electric
38. Developer is responsible for all trenching, installation of conduit and sub-structures required to provide power to the site. In addition to installing spare conduits, streetlights, also stub & cap along property frontage.
39. Plot existing electrical distribution facilities on the original site plan.
40. Replace existing meters with one commercial rated switchgear, 3' clearance around existing power poles. Existing voltage is 600A Pull section 120/240V1Ph-4W Park and Recreation
Prior to Building Permit Issuance:
41. Developer shall make payment of all applicable Park Development Impact Fees (local, aquatic, regional/reserve and trail fees) for privately developed areas.