Community & Economic Development
Department
CITY OF
RIVERSIDE
City of Arts & Innovation
December 9, 2022
Steve Kienle
3231 Adams St
Riverside, CA 92504
SUBJECT: Planning Case PR-2021-001208 - 8568 and 8540 Indiana Avenue Dear Mr. Kienle:
At its meeting of December 8, 2022, the City Planning Commission approved Planning Case PR- 2021-001208, 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 December 19, 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, at (951) 826-3969.
Sincerely.
But
Brian Norton
Principal Planner
cc: Public Works, Chris Scully
3900 Main Street, Riverside, CA 92522 | Phone: (951) 826-5371 | RiversideCA.gov
PLANNING COMMISSION
RECOMMENDED CONDITIONS
PLANNING COMMISSION HEARING DATE: DECEMBER 8, 2022
PLANNING CASE: PR-2021-001208 (Zoning Code Map Amendment 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 ZAP1104RI22 shall apply.
3. 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.
Prior to issuance of Grading Permit:
4. 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. Saturday; b. No construction noise is permitted on Sundays or Federal Holidays; c. Compliance with City adopted interim erosion control measures; d. Compliance with any applicable recommendations of qualified soils engineer to minimize potential soil stabllity problems;
e. 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 f. Identification of location, exposed height, material, and finish of any proposed retaining walls.
During Grading and Construction Activities:
5. 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.
6. 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.
7. The Construction Contractor shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site.
8. 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.
9. 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; a. 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 Department 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 shail 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.
10. The applicant shall be responsible for erosion and dust control during both the grading and construction phases of the project.
11. 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.
12. The project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards.
13. 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:
14. The Zoning Code Map shall be amended as shown in Exhibit 6 contained in the attached City Planning Commission staff report dated December 8, 2022.
15. 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. Provide a mix of evergreen trees and shrubs along the south, east, and property lines, adjacent to the residentially zoned or used properties, to the satisfaction of staff;
b. Provide enhanced landscaping along Indiana Avenue to adequately screen vehicles from public view, to the satisfaction of staff; and c. One shade tree for every four parking stalls shall be provided.
16. 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 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 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; a. Light poles shali not exceed 20 feet in height, including the height of any concrete or other base material;
e. Light poles within 50 feet of residential zone or uses shall not exceed 14 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.
17. 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 include a decorative cap; and
c. Specify the color and materials of all proposed walls.
18. 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. 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; b. A minimum 12-inch concrete walkway, including curb width, shall be provided along the sides of landscape planters whenever the side of a parking stall is adjacent to a planter; and
c. Provision for accessible parking as deemed necessary by Building and Safety Division.
19. Staff Required Trash Enclosure Conditions: Revise the submitted plot plan such that the plan provided for building permit plan check incorporates the following changes:
d. The trash enclosure shall be constructed of decorative masonry; and e. The trash enclosure shall be constructed with an overhead trellis.
20. 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; and
b. Roof-mounted mechanical equipment (if any) shall not protrude above the height of the building parapet wall.
21. Plans submitted for staff review shall specify the location, design and color of all domestic water meters, backflow 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.
22. 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 allowed 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.
23. Ground mounted equipment shall be fully screened from the public right-of-way.
Prior to Release of Utilities and/or Occupancy:
24. 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 Manuall 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.
Site Operation Standards:
25. Outdoor storage of vehicles is not permitted on site.
26. Employee vehicles shall be removed from the site at the end of every day.
Standard Conditions:
27. 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.
28. The Zoning Code Map Amendment and Design Review may be granted time extensions by the Community & Economic Development Director, or their designee, up to a total of five years beyond the original approval expiration date prior to issuance of any building permits. At the exhaustion of the Community & Economic Development Department Director approved extensions, the original Approving or Appeal Authority following a public hearing noticed pursuant to Section 19.670.030 (Notice of Hearing for Discretionary Actions Requiring a Public Hearing), may grant one final permit extension of up to two years. Once a building permit has been issued, the development will be considered vested and time extensions are no longer needed. A public hearing notification fee is required of the applicant in such case, in addition to a time extension fee.
Please be advised that the applicant will not be notified by the planning division about the pending expiration of the subject entitlement.
29. 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.
30. 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.
31. 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.
32. The plans shall be submitted for plan check review to assure that all required conditions have been met prior to exercising of this permit.
33. 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.
34. 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.
Building and Safety
Prior to Building Permit issuance:
35. Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit. [CBC 105.1] Applicant must submit a complete set of Tenant Improvement plans for review and approval prior to commencement of proposed work.
Public Works - Land Development
36. Storm Drain construction will be contingent on engineer's drainage study.
37. Deed for widening Indiana Avenue along project frontage to 44' from monument centerline to Public Works specifications.
38. Size, number and location of driveways to Public Works specifications.
39. Closure of unused driveway(s) to Public Works specifications.
40. 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.
41. 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:
a. Plant 24" box size Magnolia grandiflora 'St Mary' if there is right-of-way along Indiana Avenue. Prior to any planting, Tree Inspector to determine precise locations (and quantities) at time of scheduled site inspection after fine grading and harascape installation is complete. Planting, staking, irrigation, root barriers to Landscape & Forestry specifications.
42. Double trash enclosure required per public works specifications.
43. 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.
44. 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.
45. 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 Owners 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.
46. 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.
47. 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.
48. 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.
Public Works - Traffic Engineering
49. Prior to the Issuance of Certificate of Occupancy, the applicant shall construct a stop sign (R1-1), stop bar, stop legend, at the project driveways. All signage and striping improvements must comply with the most current California Manual of Uniform Traffic Control Devices (MUTCD) standards. The contractor shall complete the construction work with an approved Public Works Permit. The installation of the signage and striping shall be completed to the satisfaction of the Director of Public Works. The applicant is solely responsible for the procurement and installation of this infrastructure improvement.