PLANNING COMMISSION
RECOMMENDED CONDITIONS
PLANNING COMMISSION HEARING DATE: OCTOBER 27, 2022
PLANNING CASE: PR-2020-000519 ( General Plan Amendment, Specific Plan Amendment, Zoning Code Map Amendment, Variance, Grading Exception, and Design Review)
Planning Division
1. Plans shall conform to the exhibits attached to this report. Proposed modifications to the approved design shall be submitted to the Planning Division and shall include revised exhibits and a narrative description of the proposed modifications. The Applicant is advised that additional development applications and fees may be required.
2. All conditions of Riverside County Airport Land Use Commission case ZAP1452MA21 shall apply.
3. The General Plan Map shall be amended as shown in Exhibit 5 contained in the attached City Planning Commission staff report dated October 27, 2022.
4. The Specific Plan shall be amended as shown in Exhibits 6, 8, and 9 contained in the attached City Planning Commission staff report dated October 27, 2022.
5. 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 sep arate sign application, including fees and additional sets of plans, will be necessary prior to sign permit issuance.
6. Planning Commission: That City staff shall work with the applicant regarding ingress and egress to the property prior to the City Council hearing.
Prior to Issuance of Grading Permit:
7. MM Air -1: 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.
8. MM Air-2: To reduce construction related particulate matter air quality impacts of City projects the following measures shall be required:
a. The generation of dust shall be controlled as required by the AQMD; b. Grading activities shall cease during periods of high winds (greater than 25 mph); c. 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; and d. The contractor shall prepare and maintain a traffic control plan, prepared, stamped and signed by either a licensed Traffic Engineer or a Civil Engineer. The preparation of the plan shall be in accordance with Chapter 5 of the latest edition of the Caltrans Traffic Manual and the State Standard Specifications. The plan shall be submitted for approval, by the engineer, at the preconstruction meeting.
Work shall not commence without an approved traffic control plan.
9. MM CR-1: At least 30 days prior to beginning Project construction, the Project Applicant shall contact the Tribes of grading, excavation, and the monitoring program and, if a Cultural Resources Treatment and Monitoring Agreement has not been developed, to develop a Cultural Resources Treatment and Monitoring Agreement between the Applicant and the Tribes. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site.
10. Letter of approval from Western Municipal Water District shall be provided to Planning staff stating agreement with the relocation of easements and utilities.
11. The existing vehicle wash facility shall be demolished. Note: Future construction of a new vehicle wash facility shall require the granting of a separate Conditional Use Permit and Design Review. Separate application and fees shall apply.
12. A 40-scale precise grading plan shall be submitted to the Planning Division and include:
a. Hours of construction and grading activity are limited to between 7:00 a.m. and 6:00 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:
13. MM CR-2: If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the developer, the project archaeologist, and the Tribe(s) shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. Pursuant to C alif. Pub. Res. Code 21083.2(b) avoidance is the preferred method for archaeological resources. If the developer, the project archaeologist, and the Tribe(s) cannot agree on the significance or the mitigation for such resources, these issues will be presen ted to the Community Development Director for decision. The Community Development Director shall make the determination based on the provisions of CEQA with respect to the archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe(s). Notwithstanding any other rights available under the lay, the decision of the Community Development Direct shall be appealable to the Planning Commission and/or City Council.
14. Construction and operation activities on the property shall be subject to the City’s Noise Code (Title 7), as well as the County of Riverside’s Noise Code (Title 9) which limits construction noise to 7:00 a.m. to 6 :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.
15. The project shall comply with all existing State Water Quality Control Board and City storm water regulations, including compliance with NPDES requirements related to construction and operation measures to prevent erosion, siltation, transport of urban pollutants, and flooding.
16. The Construction Contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.
17. 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.
18. To reduce construction related particulate matter air quality impacts of projects the following measures shall be required:
a. The generation of dust and fugitive dust shall be controlled as required by SCAQMD Rule 403;
b. Grading activities shall cease during period of high winds (greater than 25mph); c. 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; d. Contractor shall prepare and maintain a traffic control plan, prepared, stamped and signed by either a licensed Traffic Engineer or a Civil Engineer. The preparation of the plan shall be in accordance with Chapter 5 of the latest edition of the Caltrans Traffic Manual and the State Standard Specifications. The plan shall be submitted to Public Works Departm ent for review and approval. The Traffic Plan shall include, but is not limited to, rerouting construction related traffic off congested streets, consolidating truck deliveries, and providing temporary dedicated turn lanes for movement of construction traffic to and from site. Work shall not commence without an approval traffic control plan from the Public Works Department;
e. Streets shall be swept at the end of the day if visible soil material is carried onto adjacent paved public roads;
f. Trucks and other equipment shall be washed when leaving the site; g. Ground cover in disturbed areas shall be replaced immediately after construction; h. Disturbed/loose soil shall be kept moist at all times; and i. A 15 mile per hour speed limit shall be enforced on unpaved portions of the construction site.
19. The applicant shall be responsible for erosion and dust control during both the grading and construction phases of the project.
20. To reduce diesel emissions associated with construction, construction contractors shall provide temporary electricity to eliminate the need for diesel powered generators or provide evidence that electrical hook ups at construction sites are not cost effective or feasible.
21. The project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers’ standards.
22. Noise reducing design features shall be utilized consistent with standards in Title 24 California Code of Regulations and Title 7 of the Municipal Code.
Prior to Building Permit Issuance:
23. The Zoning Code Map shall be amended as shown in Exhibit 7 contained in the attached City Planning Commission staff report dated April 14, 2022.
24. Prior to building permit issuance, a site plan that indicates the location and capacity of solid waste and recycling collection and loading areas must be submitted to the Riverside County Department of Waste Resources for review and approval.
25. 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. Include the following on the plans:
a. Landscaping and Irrigation plans shall provide suitable landscape material within the bio-retention basins;
b. Enhanced landscaping shall be provided along the project frontage adjacent to Alessandro Boulevard, to the satisfaction of staff; and c. Trees located along the west property line, adjacent to the wall screening the truck parking area, shall be a minimum size of 36 inch box trees.
26. Photometric/Lighting Plan: A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaped areas, parking lots and pedestrian paths shall be submitted for review and approval.
a. All on -site lighting shall provide a minimum intensity of o ne 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 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;
c. If lights are proposed to be mounted on buildings, down-lights shall be utilized; d. Light poles shall not exceed 25 feet in height, including the height of any concrete or other base material;
e. Light poles within 50 feet of residential zone or uses and adjacent to the wetland pond shall not exceed 14 feet in height, including the height of any concrete or other base material; and
f. For safety, all pedestrian paths shall be adequately lighted throughout the project.
27. Fence and Wall Plan: Revise the wall and fence plan such that the plan provided for building permit plan check incorporates the following changes:
a. All freestanding and retaining walls shall be constructed of, or finished in, a decorative material;
b. All walls shall be consists of a decorative material and finished with a decorative cap; and
c. Specify the color and materials of all proposed walls and fences.
28. Staff Required Plot Plan Conditions : Revise the submitted plot plan such that the plan provided for building permit plan check incorporates the following changes:
a. Stripe the truck parking spaces, located immediately adjacent to the screen wall, to ensure adequate screening of trucks;
b. Verify that all internal drive aisles have a minimum width of 24 feet and all parking stalls are a minimum 9 feet in width by 18 feet in depth; c. A minimum 12 -inch concrete walkway, including curb width, shall be provided along the sides of landscap e planters whenever the side of a parking stall is adjacent to a planter; and
d. Provision for accessible parking as deemed necessary by Building and Safety Division.
29. Staff Required Building Elevations Conditions: Revise the submitted building elevations such that the plans provided for building permit plan check incorporate the following changes:
a. The building elevations submitted for building permits shall clearly specify all building materials and colors to match the materials and colors as approved by the City Planning Commission as applicable; and
b. Roof-mounted mechanical equipment shall not protrude above the height of the building parapet wall.
30. Plans submitted for staff review shall specify the location, design and color of all domestic water meters, backf low preventers and utility cabinets subject to Planning and Public Utilities review and approval. The visibility of such facilities shall be minimized to Planning Department review and approval through means including but not limited to relocation, berming, landscaping, and/or installation of a screen wall.
31. Submit three sets of plans depicting the preferred location for above ground utility transformers of capacity to accommodate the planned or speculative uses within the building(s). 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. If landscape screening is the preferred screening method, no landscaping except ground cover shall be allo wed within 10 feet of the transformer. The Applicant is advised to consult with the City of Riverside Public Utilities, Electrical Engineering Division, at (951)826- 5489 prior to preparing these plans.
32. Ground mounted equipment shall be fully screened from the public right-of-way.
Prior to Release of Utilities and/or Occupancy:
33. 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/auditor responsible for the project. Contact the Case Planner, at (951) 826-5371 to schedule the final inspection at least one week prior to needing the release of utilities.
Prior to Issuance of Certificate of Occupancy:
34. MM-1 Traffic (Modified): Prior to the issuance of a Certificate of Occupancy , the applicant shall complete street improvement plans including signing and striping plans and traffic signal modification plans related to the widening of the northerly curb of
Alessandro Boulevard between the I- 215 Freeway Northbound On -Ramp and Projec t Driveways in order to accommodate a 3rd and 4th westbound lane as recommended in the Traffic Study (Dated July 28, 2022). The applicant shall obtain any necessary permits and approvals from both the City of Riverside and Caltrans District 8 associated with the widening and improvements on Alessandro Boulevard. The applicant is solely responsible for the procurement and installation of the street improvements to the satisfaction of the Director of Public Works.
Site Operation Standards:
35. Occupancy shall comply with the density restrictions and density cap as provided in the approval by Riverside County Airport Land Use Commission case ZAP1452MA21.
36. All operations shall be in compliance with Title 7 (Noise Control) of the Riverside Municipal Code.
Standard Conditions:
37. 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.
38. The Design Review, Variance, and Grading Exception 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.
Please be advised that the applicant will not be notified by the planning division about the pending expiration of the subject entitlement.
39. 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 har mless 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.
40. 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.
41. 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.
42. The plans shall be submitted for plan check review to assure that all required conditions have been met prior to exercising of this permit.
43. The subject property shall be developed and operated substantially as described in the text of this report and as shown on the plot plan on file with this case except for any specific modifications that may be required by these conditions of approval.
44. 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.
Fire Department
45. Requirements for construction shall follow the currently adopted California Building Code and California Fire Code with City of Riverside amendments.
46. Construction plans shall be submitted and permitted prior to construction.
47. Fire Department access shall be maintained during all phases of construction.
48. 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, shall 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.
49. To comply with all applicable requirements per CFC, Chapter 33 (Fire Safety During Construction and Demolition).
50. 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.
51. An “Infrared Automatic Gate System” is required for all electric gates. Contact the Fire Prevention Division for information.
Parks, Recreation & Community Services – Park Planning
52. Developer shall make payment of all applicable Park Development Impact Fees (local, aquatic, regional/reserve and trail fees) for privately developed areas.
Public Utilities - Electric
53. A Blanket Public Utility Easement (PUE) is required over the parcel.
54. Provisions for electrical Utility equipment to provide power to the site is the responsibility of the developer. Please make sure that all clearances are maintained, and location of the equipment is approved by the Utility.
55. 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 and cap along property frontage.
56. Plot existing electrical distribution facilities on the original site plan, reach out to Riverside Public Utilities to have as-builts provided for existing pull box X6825.
Public Works – Land Development
Conditions to be fulfilled prior to permit issuance unless otherwise noted:
57. Reciprocal ingress/egress access easement required to allow access across parcels.
58. Prior to issuance of any building or grading permits, the property owner shall record an "Acceptance of Drainage Waters Covenant and Agreement" with the County -Clerk Recorder or other instrument acceptable to the City Attorney. City is requiring that an
agreement be executed and recorded to provide for the acceptance of Drainage Waters from adjacent Parcel(s) onto Project Parcel and to provide for the maintenance of the drainage facilities/swales by the recording of a covenant.
59. Storm Drain construction will be contingent on engineer's drainage study.
60. 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.
61. Installation of sewers and sewer laterals to serve this project to Public Works specifications.
Project falls within Edgemont sewer service area. Please contact Edgemont for requirements to connect to their sewer and provide a will serve letter.
62. Size, number and location of driveways to Public Works specifications.
63. Prior to permit issuance, add the following notes to the site/plot or landscape plans and email a PDF to [email protected] for review and approval:
a. PLANT 24” box size Tristaniopsis laurina in PUBLIC R IGHT-OF-WAY along ALESSANDRO BLVD; Tree Inspector to determine precise locations during site inspection after fine grading and any hardscape installation is complete. Planting, staking, irrigation, root barriers to Landscape & Forestry specifications.
64. Trash enclosures required per public works specifications.
65. 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/ R eimbursement Agreement with the City and Western Riverside Council of Governments (WRCOG) to recover costs for such work based on unit costs as determined by WRCOG.
66. 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 Ana 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. 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 c ontact the Public Works Department.
67. 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 Home Ow ners 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.
68. If the project will cause land disturbance of one acre or more, it must comply with the statewide Ge neral 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.
69. 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.
70. Installation of curb and gutter at 69 feet from construction centerline, sidewalk and matching paving on Alessandro Blvd. to allow for the installation o f a right turn acceleration lane for vehicles exiting the site to Caltrans and City of Riverside Public Works specifications.
71. Off-site improvement plans to be approved by Public Works prior to issuance of construction permit.
72. Relocation of traffic signal f acilities on northeast corner of Alessandro Blvd. and I -215 northbound on-ramp to Caltrans and City of Riverside Public Works specifications.
73. A surety prepared by Public Works to be posted to guarantee the required off -site improvements prior to map recordation.
74. Size, number and location of driveways to Public Works specifications.
75. Closure of unused driveway(s) to Public Works specifications.
76. Encroachment Permit required from Caltrans prior to grading permit issuance.
77. Written permission is required from adjacent property owner to the east to grade off site prior to grading permit issuance.
Western Municipal Water District
78. Compliance with water efficient landscape requirements per the City of Riverside’s Ordinance No. 859.
79. Developer’s landscape architect is required to meet landscape requirements of the agency of jurisdiction.
80. Developer to submit a 22” x 34” preliminary onsite and/or offsite plan of water layout to Western before formal submittal of Water Improvement Plans.
81. Preliminary water plans shall show the following items for preliminary review and approval by Western:
a. Plans based on a field survey showing the basis of bearing, basis of elevation per Western standards, surveyor information and date of survey. b. Delineate all existing utility facilities (i.e.; pipe diameter, pipe material, manholes, water meters, air/vac, blow-off, fire hydrants, valves, sewer, gas, communication, electrical, etc.) within project boundaries.
c. Delineate all easements and right of way along proposed facilities. d. Delineate all proposed and existing lots, streets, and storm drains. e. Include pipeline diameters and type of material.
82. Developer to submit a detailed engineer’s construction cost estimate to Western for review and approval. Once approved, Developer shall make a deposit for plan checking services for Water Improvement Plans.
83. Water Improvement Plans shall be designed per Western’s Standard Specifications.
Please review Western’s Standard Specifications for submittal formats and requirements online at http://www.wmwd.com/158/Standard-Specifications-Drawings
84. Developer to submit grading plans for Western’s review and approval before grading permit is issued. All onsite and/or offsite utilities to be relocated, upsized, or installed are at Developers expense.
85. Developer to pay all cost associated with preliminary review by Western at the time of review.
86. Provide and/or pay for all applicable cost and fees including connection facilities, relocation of facilities, and additional facilities that may be necessary to accommodate applicant’s proposed water usage, while maintaining resiliency of pipelines within Western’s distribution system. This may include as required by Western, the extension of offsite pipelines northerly, upsizing and relocation of onsite pipelines, looping between existing system pipelines, elimination of nearby long water service connections existing to properties easterly adjacent to the development.
87. Water Improvement Plans shall not be accepted for plan checking until all items mentioned above are reviewed and approved by Western.
88. The available Fire Flow must be determined by a flow test or fire flow modeling.
Coordinate with fire protection agency of jurisdiction to determine required fire flow for the proposed project and advise Western of the fire flow requirements. Submit request to Wester for fire flow modeling to determine if existing water systems capacity is available to provide the required fire flow. Depending on the results of the fire flow modeling additional conditions of approval s uch as upsizing of existing pipes, extension of pipes,
installation of parallel piping or installation of pumps, at the developer’s cost, may be required.
89. Contact Western’s Development Services Department at (951) 571 -7100 for further information.