Community & Economic Development
Department
RIVERSIDE
City ef Arts & Innovation
September 15, 2022
Angel Orozco
Greens Gibson, LLC
8815 Research Drive
Irvine, CA 92618
SUBJECT: PLANNING CASE PR-2021-000975 - DESIGN REVIEW AND STREET VACATION - 3114, 3136 and 3160 GIBSON STREET, WARD 5
Dear Mr. Orozco:
At its meeting of September 15, 2022, the City Planning Commission approved Planning Case PR-2021-000975, subject to the attached conditions.
There is now a ten-day appeal period from the date of the Planning Commission's decision.
Appeals must be received in writing along with the required fee by 5:00 p.m. on September 26, 2022 in the Planning Division of the Community & Economic Development Department.
In accordance with established procedure, this matter will now be forwarded to the City Council for public hearing. Approval of this action shall not be final until City Council has reviewed and approved it.
Should you have any questions concerning this notice please call Judy Egüez, Senior Planner, at (951) 826-3969.
Sincerely.
Mary Kopaskie-Brown, AICP, MCIP, OPPI
City Planner
cc: Public Works, C. Scully
3900 Main Street, Riverside, CA 92522 | Phone: (951) 826-5371 | RiversideCA.gov
PLANNING COMMISSION
RECOMMENDED CONDITIONS
PLANNING COMMISSION HEARING DATE: September 15, 2022
PLANNING CASE: PR-2021-000975 (Design Review and Street Vacation) Planning Division
1. The subject property shail 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. The project shall comply with the applicable mitigation measures of the Final Program Environmental Impact Report (FPEIR) certified for the City's 2014-2021 5th Cycle Housing Element (SCH# 2017041039).
4. Advisory: Signs shall 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 additional sets of plans, will be necessary prior to sign permit issuance.
Operational Conditions:
5. The driveway on the west side of the site shall be used for Emergency Vehicle Access only.
Prior to Grading Permit Issuance:
6. The street vacation of Aguilar Street shall be completed.
7. The Project applicant shall retain a qualified biologist to conduct a 30-day pre- construction survey for burrowing owl. The results of the single one-day survey shall be submitted to the City prior to obtaining a grading permit. If burrowing owl are not detected during the pre-construction survey, no further mitigation is required. If burrowing owl are detected during the pre-construction survey, the Project applicant and a qualified consulting biologist will be required to prepare and submit for approval a burrowing owl-relocation program.
8. MM CUL-3: To avoid impacts to previously recorded historic resources located within 50 feet of construction activities involving pile driving (if any) on the candidate sites listed below, prior to demolition, grading, or building permit approval, a site-specific Construction Protection Plan (CPP) shall be prepared by a qualified Historic Building Architect. The CPP shall specify mitigation to avoid or reduce impacts to less than significant. To provide adequate protection to the adjacent previously recorded historic resource, the CPP shall include the following components, pursuant to the National Park Service Preservation Tech Notes, Temporary Protection Number 3, Protecting a Historic Structure During Adjacent Construction:
a. Protocol for consultation between the historic building owner and project applicant to identify potential risks, negotiate changes, and agree upon protective measures; b. Requirements for documentation of the condition of the adjacent historic building prior to any demolition/construction work, in a manner consistent with the U.S.
Secretary of the Interior's Standards for the Treatment of Historic Properties. c. Protective measures to be implemented at both the construction site and the historic site.
d. Mitigating the effects of vibrations shall begin during the consultation process when acceptable levels shall be set and alternative processes specified, as required. If vibrations are likely to damage adjacent structures, specific measures to mitigate potential impacts shall be identified during the consultation process. Alternative measures to be considered include the following, among others, as required:
i. Pile cushioning, jetting, predrilling, cast-in-place systems, or resonance-free vibratory pile drivers;
ii. Hand demolition as a substitute when conventional demolition activities would cause excessive vibrations;
If pile driving is likely to damage adjacent structures, non-displacement piles that are inserted in bored holes rather than driven, "jacking-in" or pressing the piles into the ground, or other equally effective measure; and iv. Delivery entry and exit points that are located the further distance possible/feasible from the historic site.
e. Procedures for regular monitoring during construction to: identify damage; evaluate the efficacy of protective measures already in place: and identify and implement additional corrective measures, if needed. Continual crack and vibration monitoring shall be provided as a warning system to prevent exceedances of previously established (during the Consultation phase) safe thresholds. f. All damage to historic structures shall be restored to its preexisting condition
9. MM CUL-4: To avoid impacts to previously recorded resources located adjacent to candidate sites identified in CUL-3, prior to demolition, grading, or building permit approval for the candidate sites, the project applicant shall substantiate that:
a. The Contractor conducting work on the construction site has submitted documents pertaining to protection of historic resources (i.e., Construction Protection Plan (CPP)) to the Community & Economic Development Department. • Promotion of CPP awareness among all project participants.
b. A Worker Historic Resources Awareness Program has been developed for implementation prior to demolition, grading, or building permit approval. The Program shall be impiemented to educate ali construction personnel (employees of contractors and subcontractors) who work on the project site or related facilities during demolition and construction concerning the adjacent historical resource. The training may be presented on electronic media in the form of a video recording. c. The construction plans specify that the Contractor shall not locate any equipment or deliver any materials or commence any work whatsoever that may impact adjacent historic resources.
d. Each Contractor-Generated Submittal shall include the following:
i. General location map of the development site showing where work on the Contract will be performed, including notation on the map of location of the historic resource (s).
ii. Listing of materials, products or construction equipment to be used in the course of the Contract that have the potential to come in contact with the historic resource, and the proposed methods to be employed to prevent any damage to said historic resources.
iii. In the event that the Contractor identifies potentially more effective and/or efficient methods of protection as construction proceeds, the Contractor shall provide said measures to the Community & Economic Development Department. Adjustments and modifications shall be documented with the City and on construction drawings.
10. MM CUL-5: If excavation activities include digging deeper than 10 feet below the ground surface, a qualified paleontologist shall be contracted to monitor construction activities. If construction activities uncover potential paleontological (fossil) resources, construction would be temporarily halted within 50 feet of the find until the resources' significance is determined by a qualified paleontologist. The paleontological monitor shall be equipped to salvage fossils as they are unearthed to avoid construction delays, and to remove samples of sediments which are likely to contain the remains of small fossil invertebrates and vertebrates.
The paleontological monitors shall have stop-work authority to temporarily halt or divert equipment to allow removal of abundant or large specimens. The paleontologist shall identify and permanently preserve all recovered specimens and facilitate curation into an established, accredited, professional museum repository with permanent retrievable storage. The paleontologist shall have a written repository agreement prior to the initiation of recovery activities. The qualified paleontologist shall complete a report describing the methods and results of the monitoring and data recovery program that shall be submitted to the City.
11. MM NOI-1: To reduce construction-related noise impacts, Project applicants shall require construction contractors to implement a site-specific Noise Reduction Program, which includes the following measures, ongoing through demolition, grading, and/or construction:
• Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds), wherever feasible.
• Impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for construction shall be hydraulically or electronically powered wherever possible to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler shall be used (this muffler can lower noise levels from the exhaust by up to approximately 10 dBA). External jackets on the tools themselves shall be used where feasible (this can achieve an approximately 5,0-dBA reduction. Quieter procedures shall be used, such as drills rather than impact equipment, whenever feasible.
! Stationary construction-related noise sources shall be located as far from adjacent receptors as possible, and they shall be muffled and incorporate insulation barriers, or other measures to the extent feasible.
9. MM NOI-2: Prior to demolition, grading, or building permit approval, the project applicant shall submit to the Community & Economic Development Department a list of measures to respond to and track complaints pertaining to construction noise, ongoing throughout demolition, grading, and/or construction. These measures shall include the following:
a. A procedure and phone numbers for notifying the Community & Economic Development Department and Police Department (during regular construction hours and off-hours); b. A requirement for a sign to be posted on-site specifying the permitted construction days and hours and complaint procedures, and who to notify in the event of a problem. The sign shall also include a listing of both the City and construction contractor's telephone numbers (during regular construction hours and off-hours); and
c. A requirement for a preconstruction meeting to be held with the job inspectors and general contractor/on-site Project manager to confirm that noise measures and practices (including construction hours, neighborhood notification, posted signs, etc.) are completed.
10. A 40-scale precise grading plan shall be submitted to the Planning Division and include the following:
a. Hours of construction and grading activity are limited to between 7:00 a.m. and 7:00 p.m. weekdays and 8:00 a.m. and 5:00 p.m. Saturdays. No construction noise is permitted on Sundays or Federal Holidays:
b. Compliance with City adopted interim erosion control measures; c. Compliance with any applicable recommendations of qualified soils engineer to minimize potential soil stability problems;
d. Include a note requiring the developer to contact Underground Service Alert at least 48 hours prior to any type of work within pipeline easement; and e. Identification of location, exposed height, material, and finish of any proposed retaining walls.
During Grading and Construction Activities:
11, 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.
12. The project shall comply with all existing State Water Quality Control Board and City storm water regulations, including compliance with NDES requirements related to construction and operation measures to prevent erosion, siltation, transport of urban pollutants, and flooding.
13. The Construction Contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.
14. 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.
15. 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 contraciors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards;
d. Sweep streets 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; f. Disturbed/loose soil shall be kept moist at all times; g. All grading activities shall be suspended when wind speeds exceed 25 miles per hour; and
h. A 15 mile per hour speed limit shall be enforced on unpaved portions of the construction site.
16. The applicant shall be responsible for erosion and dust control during construction phases of the project.
17. 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:
18. Staff Required Landscape and Irrigation Condition: Plans shall be submitted for Planning staff approval. Separate application and filing fee are required. Design modifications may be required as deemed necessary.
19. Photometric/Lighting Plan: An exterior lighting plan shall be submitted to staff for review and approval. A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaped areas and in the parking-lot shall be submitted with the exterior lighting plan. 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). The light sources shall be shielded to minimize off-site glare, shall not direct light skyward and shall be directed away from adjacent properties and public rights-of-ways. If lights are proposed to be mounted on buildings, down-lights shall be utilized. Light poles shall not exceed fourteen (14) feet in height, including the height of any concrete or other base material.
20. Fence and Wall Plan: The fence and wall plan provided for building permit plan check shall incorporate the following:
a. All freestanding and retaining walls shail be constructed of, or finished in, a decorative material;
b. All walls shall consist of a decorative material and finished with a decorative cap; and
c. Specify the color and materials of all proposed walls and fences.
21. Roof and building mounted equipment shall be fully screened from the public right-of-way.
Screening material shall be integrated with the design of the building and be at least as high as the proposed roof mounted equipment.
22. Ground mounted equipment shall be fully screened from the public right-of-way.
23. 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 wall.
24. 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:
25. 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.
26. 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:
27. There shall be a one-year time limit in which to commence 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.
28. The Design Review 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. The request shall include a letter stating the reasons for the extension of time and associated fee shall be submitted to the Planning Division. Once a building permit has been issued, the development will be considered vested and time extensions are no longer needed.
PLEASE BE ADVISED THAT THE APPLICANT WILL NOT BE NOTIFIED BY THE PLANNING DIVISION ABOUT THE PENDING EXPIRATION OF THE SUBJECT ENTITLEMENT.
29. The Project must be completed per the Plot Plan Review approved by the Community & Economic Development Director, including all conditions listed in this report. Any substantial changes to the Project must be approved by the Development Review Committee or by Planning Staff. Upon completion of the Project, a Staff inspection must be requested, and UTILITIES will not be released until it is confirmed that the approved plans and all conditions have been implemented.
30. 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 promptiy notify the developer of any such claim; action or proceeding and the City will cooperate in the defense of the proceeding.
31. This approval is for design concept only and does not confirm the project has been thoroughly checked for compliance with all requirements of law. As such, it is not a substitute for the formal building permit plan check process, and other changes may be required during the plan check process.
32. 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 contained 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.
Public Works
Conditions to be fulfilled Prior to issuance of Building Permits, Unless Otherwise Noted:
33, Storm Drain construction will be contingent on engineer's drainage study.
34. Deed for widening Gibson Street along project frontage to 33' from monument centerline to Public Works specifications.
35. Installation of curb and gutter at 22 feet from monument centerline, sidewalk, and matching paving on Gibson Street to Public Works specifications.
36. Vacation of Aguilar Street to Public Works specifications. Vacated Aguilar Street to be repaved to satisfaction of Public Works Department.
37. Reciprocal ingress/egress access easement required on Aguilar Street to allow access to existing residences.
38. Covering of existing Riverside Drainage Canal to Public Works and Riverside Public Utilities - Water specifications.
39. Prior to Building Permit Issuance, the Developer shall complete a lot line adjustment to consolidate the project site parcels to the satisfaction of the Planning Division and Public Works Department.
40. Installation of sewer and sewer lateral to serve 9315 Aguilar Street to Public Works specifications.
41. Installation of sewers and sewer laterals to serve this project to Public Works specifications.
42. Off-site improvement plans to be approved by Public Works prior to issuance of construction permit.
43. A surety prepared by Public Works to be posted to guarantee the required off-site improvements prior to map recordation.
44. Size, number and location of driveways to Public Works specifications.
45. Closure of unused driveway(s) to Public Works specifications.
46. All security gates or facilities proposed now or in the future will be located on-site and adequate stacking space and vehicle turn-around area will have to be provided to Public Works and Fire Department specifications.
47. 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:
Plant 24" box size Lagerstroemia indica in public right-of-way along Gibson Street & Aguilar Street.
Typical spacing 20' O.C. Priorto 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
48. Trash enclosures required per public works specifications. Tandem enclosures required to contain only same type of dumpsters
49. Prior to final inspection for the development project, the applicant shall pay the Transportation Uniform Mitigation Fee (TUMF) in accordance with the fee schedule in effect at the time of payment. if the project improvements include qualifying right-of-way dedications and/or street improvements to a TUMF regional arterial roadway as identified on the Regional System of Highways and Arterials, the developer may have the option to enter into a Credit/ Reimbursement Agreement with the City and Western Riverside Council of Governments (WRCOG) to recover costs for such work based on unit costs as determined by WROG.
The terms of the agreement shall be in accordance with the RMC Chapter 16.68 and the TUMF Administrative Plan requirements. Credit/reimbursement agreements must be fully executed prior to receiving any credit/reimbursement. An appraisal is required for credit/reimbursement of right of way dedications and credit/reimbursement of qualifying improvements requires the public bidding and payment of prevailing wages in accordance with State Law. For further assistance, please contact the Public Works Department.
50. Prior to issuance of a building or grading permit, the applicant shall submit to the City for review and approval, a project specific WQMP that:
a. Addresses Site Design BMP's such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas and conserving natural areas;
b. Incorporates the applicable Source Control BMP's as described in the Santa Ana River Region WQMP and provides a detailed description of their implementation; c. incorporates Treatment Control BMP's as described in the Santa And River Region WQMP and provides information regarding design considerations; d. Describes the long-term operation and maintenance requirements for BMP'S requiring long-term maintenance; and
e. Describes the mechanism for funding the long-term operation and maintenance of the BMP's requiring long-term maintenance.
51. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument acceptable to the City Attorney to inform future property owners of the requirement to implement the approved project- specific WQMP. Other alternative instruments for requiring implementation of the approved project-specific WQMP include: requiring the implementation of the project-specific WQMP in the Homeowners Association or Property Owners Association Conditions, Covenants and Restrictions (C,C&R's); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the project-specific WQMP; or equivalent may also be considered. Alternative instruments must be approved by the City prior to the issuance of any building or grading permits.
52. If the project will cause land disturbance of one acre or more, it must comply with the statewide General Permit for Storm Water Discharges Associated with Construction Activity. 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.
53. Prior to building or grading permit closeout or the issuance of a certificate of occupancy or certificate of use, the applicant shall:
a. Demonstrate that all structural BMP's 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 BMP's 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.
54. Rehabilitation of existing pavement in Gibson Street along entire project frontage to public works specifications.
55. Intersection of Gibson Street and Lincoln Avenue: Project shall install flashing LED STOP signs at all approaches.
56. Intersection of Gibson Street and Lincoln Avenue: Project shall upgrade the existing crosswalks with continental crosswalk markings on all approaches.
57. All conditions placed upon this case must be fulfilled prior to the recording of the vacalion resolution by the City Clerk. The case is not finalized until the City Clerk records the Vacation Resolution.
58, If the disposition of land is other than by operation of law the applicant shall have quitclaim deeds exchanging the property prepared to the satisfaction of Planning, City Attorney's Office and Public Works Departments. All necessary parcel descriptions and plats shall be prepared, signed and sealed by a licensed Land Surveyor or Civil Engineer authorized to practice Land Surveying in the State of California. DESCRIPTIONS and PLATS ARE REQUIRED TO BE ON 82-inch by 11-inch FORMAT.
59. Council authorizes the City Manager to execute quitclaims documents on behalf of the City of Riverside to extinguish the desired public rights within the vacated right of way that does not revert by operation of law.
60. Prior to finalization of the case, the applicant shall provide the appropriate documentation that the lender(s) / trustee(s) has (have) agreed to modify any Trust Deedís) to reflect the reconfigured parcel(s).
61. Property transfers to the final proposed parcel configurations must be accomplished concurrently with the finalization of this case. Ownership of the property shall remain undivided prior to recordation of the Certificate of Compliance for Lot Line Adjustment.
62. All recording fees of the Riverside County Recorder, including transfer documents, grants of right- of-way and the Certificate of Compliance for Lot Line Adjustment are the responsibility of the applicant.
63. Applicant shall prepare Grant Deeds that have each owner grant to themselves each of the parcels in their final configuration. This requirement is necessary to ensure that the final parcel configurations and ownerships are clearly identified in the Land Title History.
64. Vacation Case to be completed prior to issuance of the Certificate of Compliance.
Fire Department
Prior to issuance of Building Permits:
65. Requirements for construction shall follow the currently adopted California Building Code and California Fire Code with City of Riverside amendments.
66. Construction plans shall be submitted and permitted prior to construction.
67. Fire Department access shall be maintained during all phases of construction.
68. Knox Box for the gate and infra-red control for electric gate is required.
69. Manual fire Alarm system and smoke alarm system per 2016 NFPA 72 is required for the building.
70. NFPA 13R Fire Sprinkler system is required. Please submit shop drawings.
71. A public fire Hydrant is required. Additional on-site Fire Hydrant may be required to meet the required Fire Flow and to ensure a Fire Hydrant is within 500 feet of any Building.
72. An automatic wet standpipe is required if the occupied floor is 30 feet above the nearest Fire Apparatus access road.
Public Utilities - Water
73. Prior to Grading Permit Issuance, the applicant shall acquire or lease the portion of the Riverside Canal required for the project from the City and improve the existing open channel canal with a buried pipeline suitable for drainage in accordance with City of Riverside Public Works standards.
74. Applicant shall maintain a gated vehicular access for the City into the adjacent Riverside Canal property.
75. Advisory: Low water pressure in the project area, domestic and/or fire pumps may be required.
Public Utilities - Electric
Prior to issuance of Building Permits:
76. 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.
77. Developer is responsible for the cost of relocation of existing structures/facilities.
Parks, Recreation and Community Services
Prior to issuance of Bullding Permits:
78. Developer shall make payment of all applicable Park Development Impact Fees (local, aquatic, regional/reserve and' trail fees) for privately developed areas. .........