PLANNING COMMISSION
RECOMMENDED CONDITIONS
PLANNING COMMISSION HEARING DATE: June 8, 2023
PLANNING CASE: PR-2022-001326 (Rezone, Conditional Use Permit and Design Review) Case Specific
Planning
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 an additional application and fee may be required.
2. The subject property shall be developed and operated substantially as described in the text of this report and as shown on the project plans on file with this case except for any specific modifications that may be required by these conditions of approval.
3. Advisory: Signs shall be permi tted 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 Public Works 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. Satu rdays. 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:
5. During all project site construction, the Construction Contractor shall limit all construction- related activities that would result in a noise disturbance to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays. No construction is permitted on Sundays or federal holidays.
6. To reduce construction related particulate matter air quality impacts of projects 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 shall 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; f. Disturbed/loose Soils 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 lim it shall be enforced on unpaved portions of the construction site.
7. The applicant shall be responsible for erosion and dust control during construction phases of the project.
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 Issuance of Building Permit:
9. Staff Required Interactive Art Condition: Revise plans to incorporate interactive art along the Magnolia/Brockton/Central right -of-way to engage pedestrian activity, to the satisfaction of Planning Staff.
10. Landscaping and Irrigation plans for the project site an d the off-site parking lot shall be submitted to the Planning Division for review, including the following requirements below.
Separate applications and filing fees are required).
a. Off-site parking lot shall be adequately landscaped, irrigated, and maintained, to the satisfaction of Planning Division staff.
b. Tiered landscaping shall be provided around any parking lot areas adjacent to street frontages.
11. Plans submitted for plan check review shall specify the location, design and color of all domestic water meters, backflow preventers and utility cabinets subject to the Planning and Public Utilities review and approval. The visibility of such facilities shall be minimized to Planning Division review and approval through means including but not limited t o relocation, berms, landscaping, and/or installation of a screen wall.
12. 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 comply with Chapter 19.566 of the Zoning Code (Outdoor Lighting). 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 twenty (20) feet in height, including the height of any concrete or other base material. Light poles within fifty (50) feet of residences are limited to fourteen (14) feet in height.
13. Roof and building mounted equipment shall be fully screened from the public right -of- way. Screening material shall be in tegrated with the design of the building and be at least as high as the proposed roof mounted equipment.
14. Ground mounted equipment shall be fully screened from the public right-of-way.
During Construction:
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 or urban pollutants, and flooding.
16. If human remains are encount ered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission must be contacted within 24 hours. The Native American Heritage Commission must then immediately identify the “most likely descendant(s)”of receiving notification of the discovery. The most likely descendants shall then make recommendations within 48 hours and en gage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described.
Prior to Release of Utilities and/or Occupancy:
17. Install the landscape and irrigation per the approved plans an d 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.
Site Operation Standards:
18. All operations shall comply with Title 7 (Noise Control) of the Riverside Municipal Code.
19. A copy of the Conditional Use Permit and the final Conditions of Approval shall be available at the site and presented to City staff, including the Police Department and Code Enforcement, upon request. Failure to have the latest approved conditions available upon request will be grounds for revocation
20. The applicant shall be responsible for maintaining free of litter, the area adjacent to the premises over which they have control.
21. The owner and/o r occupant shall be liable for the cost of excessive police service or response in accordance with Chapter 9.60 of the Riverside Municipal Code.
22. Applicant will be required to remove any graffiti on the project site within 48 hours of the incident being reported to City of Riverside Code Enforcement.
Standard Conditions:
23. There shall be a one -year 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.
24. The Conditional Use Permit and Design Review may be granted time exten sions 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 Community & Economic Development Director ap proved extensions, the original Approving or Appeal Authority may grant one final permit extension of up to two years following a public hearing noticed pursuant to Section
19.670.030 (Notice of Hearing for Discretionary Actions Requiring a Public Hearing) . A public hearing notification fee is required of the applicant in such case in addition to a time extension fee. 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.
25. Within 30 days of approval of this case by the City, the developer shall execute an agreement approved b y 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.
26. The Conditional Use Permit may be modified or revoked by the City Planning Commission or the City Council should they det ermine that the proposed use or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to public safety, property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance.
27. 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 effectiv e 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.
28. The applicant shall comply with all federal, state, and local laws and shall cooperate with the Riverside Police Department (RPD) in the enforcement of all laws relating to this permit. Material violation, as determined by the City Planning Commission, of any laws in connection with this use or failure to cooperate with RPD will be cause for revocation of this permit.
29. This permit is issued based upon the plans and information submitted by the applicant, which has been used as the basis for evaluation of the proposed use in this staff report and for the conditions of approval herein. Permittee shall notify Community Development Department, Planning Division, of any change in operations and such change may require a revision to this permi t. Failure to notify the city of any change in operations is material grounds for revocation of this conditional use permit.
30. The Applicant of the business subject to this Conditional Use Permit acknowledges all of the conditions imposed and accepts this permit subject to those conditions and with the full awareness of the provisions of Title 19 of the Riverside Municipal Code. The Applicant shall inform all its employees and future operators of the business subject to this permit of the restrictions and conditions of this permit as they apply to the business operations.
31. Failure to abide by all conditions of this Conditional Use Permit shall be cause for revocation.
32. 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.
Public Works
Conditions to be fulfilled prior to occupancy unless otherwise noted
33. Storm Drain construction will be contingent on engineer's drainage study.
34. Deed for widening Brockton Avenue along project frontage to 39’ from monument centerline to Public Works specifications.
35. Potential right of way corner cutback required at School Circle and Central Avenue.
36. Installation of sewers and sewer laterals to serve this project to Public Works specifications.
Video inspection if using existing lateral.
37. Size, number and location of driveways to Public Works specifications.
38. Closure of unused driveway(s) to Public Works specifications.
39. Plant 24” Box size trees on all streets.
40. Trash enclosures required per public works specifications.
41. 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 WRCOG.
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 i s 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.
42. 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:
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;
Incorporates the applicable Source Control BMP's as described in the Santa Ana River Region WQMP and provides a detailed description of their implementation; Incorporates Treatment Control BMP's as described in the Santa Ana River Region WQMP and provides information regarding design considerations; Describes the long -term operation and maintenance requirements for BMP's requiring long-term maintenance; and
Describes the mechanism for funding the long-term operation and maintenance of the BMP's requiring long-term maintenance.
43. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" wi th 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 Dist ricts, 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.
44. 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.
45. Prior to building or grading permit closeout or the issuance of a certificate of occupancy or certificate of use, the applicant shall:
Demonstrate that all structural BMP's described in the project-specific WQMP have been constructed and installed in conformance with approved plans and specifications; Demonstrate that applicant is prepared to implement all non-structural BMP's described in the approved project-specific WQMP; and
Demonstrate that an adequate number of copies of the approved project -specific WQMP are available for the future owners/ occupants.
Public Works Traffic Division
46. Prior to the issuance of a Certificate of Occupancy, the applicant shall construct a bike rack that can accommodate a minimum of two bikes. The installation of the bike racks 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.
47. Prior to the issuance of a Certificate of Occupancy, the applicant shall complete following improvements:
a. Construct a stop sign (R1-1), stop bar, stop legend, at the project driveways. Stop signs must conform to City Standard 664 and the markings must conform to the California Manual on Uniform Traffic Control Devices, Part 2A and 2B:
https://dot.ca.gov/programs/safety-programs/camutcd/camutcd-files. b. For the Project driveway located along School Circle Drive:
Install “KEEP CLEAR” pavement markings and “DO NOT BLOCK” signage on School Circle Drive near project driveway.
c. For the Project driveway located along Central Avenue:
Install no left turn (R3-2) sign at the west corner of the project driveway. d. For the intersection of School Circle Driveway and Central Avenue:
Install high visibility crosswalk at the south approach of the intersection to provide pedestrian crossing route for employees/customers that will be parking in the project’s
proposed offsite parking lot located across from the Raising Cane’s site on the School Circle Drive.
All signage and striping improvements must comply with the most current California Manual of Uniform Traffic Control Devices (MUTCD) standards. The applicant shall hire a contractor to install MUTCD & City of Riverside Standard compliant signage & striping and median improvements. The applicant shall obtain any necessary permits and approvals to complete the improvements. The applicant is solely re sponsible for the procurement and installation of the improvements to the satisfaction of the Director of Public Works.
48. Prior to the issuance of a Certificate of Occupancy, the applicant shall construct the following improvements at the signalized intersec tion of Central Avenue and Brockton/Magnolia Avenue:
a. Upgrade existing twelve (12) pedestrian push buttons to Polara audible pedestrian push buttons (or City approved equal) with a central control unit system. An acceptable audible pedestrian push button as sembly and system is the Polara Model INS with 5" x 7" R10-3 face plates.
b. Upgrade existing six traditional crosswalks to ladder style crosswalks at all approaches.
The applicant shall hire a contractor to install the traffic signal equipment to its intended operating conditions. The contractor shall complete the construction work with an approved Public Works Permit. The installation of the improvements shall be completed to the satisfaction of the Director of Public Works. The project is solely responsible for the procurement and installation of this infrastructure improvement.
49. Applicant to construct any improvements as determined and approved by the Director of Public Works.
50. The project shall implement all the vehicular queueing management strategie s as identified in the project’s traffic study submitted on 05/09/2023.
51. For the project drive -thru lane, the applicant shall provide a queuing evaluation study which is to be completed at a minimum six months after the certificate of occupancy. If a project deficiency is determined with the comparison of current conditions versus the baseline conditions (Traffic Analysis Report submitted on 05/09/2023), then it is the sole responsibility of the applicant to construct any improvements or implement any additional queue management strategies as determined and approved by the Director of Public Works.
52. Signing & striping improvements and traffic signal modifications in this memo shall be shown on traffic design plans signed by a licensed civil or traffic en gineer and to the satisfaction of the Director of Public Works.
53. The project shall construct a raised curb median i mprovement at the project driveway and its intersection with Central Avenue in order to facilitate right -in and right -out only vehicular access movements.
Fire Prevention
54. An automatic fire sprinkler system is required by City Ordinance 16.32.335. Under separate cover, submit plans for the automatic fire sprinkler system(s) and obtain approval from the Fire Department prior to installation. Systems exceeding 20 sprinkler heads shall be provided with supervisory service and shall be monitored by a UL Central Station (UUFX) and shall be UL, FM or ETL certificated for the life of the system. Post Indicator valves,
Detector Check control valves and water flow switches are required to be supervised by an UL listed central station.
Have a UL, FM or ETL listed and licensed C10 fire alarm contractor submit plans and obtain approvals prior to installation. Alarm contractor shall provide a copy of a maintenance contract complying with N.F.P.A. 72.
55. Requirements for construction shall follow the currently adopted California Building Code and California Fire Code with City of Riverside amendments.
56. Construction plans shall be submitted and permitted prior to construction.
57. Fire Department access shall be maintained during all phases of construction.
58. To comply with all applicable requirements per CFC, Chapter 33 (Fire Safety During Construction and Demolition.
59. 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. (CFC, Sec. 506) Public Utilities – Electric
60. 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.
61. Plot existing electrical distribution facilities on the original site plan.
62. The circuit in this area has been recently flagged, this circuit does not have the capacity to add any new load. T his new load will trigger a (ex. feeder extensions, new equipment/facilities) customer will be responsible for all cost associated with the improvements.
63. Provide, switch, PJC, transformer, & switchgear location.
Public Utilities – Water
64. New water service installations are processed under a separate plan and permit submitted directly to the Public Utilities Department. Water plan must be submitted prior to issuance of building permit.
65. New domestic, landscape and fire services will be required for the project.
Environmental Compliance
66. A Wastewater Discharge Survey for restaurants must be submitted to EC for approval along with a menu.
The Wastewater Survey and Menu will help to determine if you need an interceptor and what size. Plans must show the interceptor location.
Details regarding oil water interceptor for restaurant must be submitted to EC for review and approval. The City requires a minimum 750 -gallon interceptor. Actual approved interceptor size depends on review of drainage fixture units and information written in submitted Wastewater survey. Approved interceptor must be installed prior to the restaurant opening for business.
Domestic waste shall not be allowed to pass through the interceptor.
67. If a sampling station is required—submit proposed installation on corrected plans.
68. All corrections to plans must be completed in order for EC Section to issue a Will -Serve Letter. Will-Serve Letter shall be sent to County of Riverside DEH by EC inspector.
69. Applicant must request inspection to verify the required installation or construction via inspection by EC Section representative, with a report stating that conditions have been met, and the permit card (if applicable) signed off by EC Inspector.
70. Other items for correction may need to be completed after actual plans are submitted for a formal review.
71. Proposed trash enclosures with drains to sanitary sewer must have cover to control rainwater intrusion.
Parks and Recreation
72. Developer shall make payment of all applicable Park Development Impact Fees ( local, aquatic, regional/reserve and trail fees) for privately developed areas.