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HomeMy WebLinkAboutCC Item No. 09CITY OF LADE 'PCJLSIft0 DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 12, 2011 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2011 -01 FOR LAKESHORE MEDICAL CENTER AND ASSOCIATED ONSITE IMPROVEMENTS Project Request The applicant is requesting approval of Commercial Design Review No. 2011 -01, for the design and construction of a 5,064 square foot medical center that includes two (2) medical offices, a pharmacy and associated improvements. The proposed project site is located on a vacant 2.5 acre parcel (APN: 378 - 290 -005) between the Stater Bros Center and Del Taco restaurant at 16738 and 16810 Lakeshore Drive, respectively. Background At the regular scheduled meeting of June 7, 2011, the Planning Commission unanimously adopted Resolution No. 2010 -14 recommending the City Council find the project consistent with the Multi- Species Habitat Conservation Plan (MSCHP), and Resolution No. 2010 -15 recommending the City Council approve Commercial Design Review No. 2011 -01 for the proposed Lakeshore Medical Center project. Discussion The Planning Commission had a number of suggestions regarding the design of the project. Specifically, the Commission asked the applicant to increase the size of the proposed trees from 15- gallon to a minimum of 24 -inch box where possible, limit the construction hours and size of construction delivery trucks on Saturdays, and implement a Xedscape landscape design to help reduce water usage on the site. The applicant agreed with all of the Commission's suggestions. The Commission was also concerned with the proposed foam replica of a "Medical Mortar and Pestle" above the roof line. The applicant indicated that he wanted to maintain the architectural feature in order to AGENDA ITEM NO. 9 Page 1 of 36 Commercial Design Review No. 2011 -01 July 12, 2011 provide strong identification of the medical center, and if the architectural feature was not approved the building would lose some of its identity. Ultimately, the Planning Commission approved the building architecture (including the foam replica) and site design subject to the Conditions of Approval as amended. Fiscal Impact The proposed project will have a positive fiscal impact to the existing commercial area, in that the project will generate increased sales tax revenue and will expand the availability of job opportunities within the City. Recommendation The Planning Commission recommends that the City Council adopt the following resolutions: 1. City Council Resolution No. 2011443'adopting findings of consistency with the Multi- Species Habitat Conservation Plan (MSHCP). 2. City Council Resolution No. 2011 approving Commercial Design Review No. 2011 -01. Prepared By: Agustin Resendiz, Associate Planner Reviewed By: Warren Morelion, AICP IX Planning Manager Approved By: Robert A. Brady, City Manager Attachments: 1. Vicinity Map 2. City Council Resolution No. 2011 -Qq3. adopting Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP). 3. City Council Resolution No. 2011 ;040proving Commercial Design Review No. 2011 -01. 4. Planning Commission Staff Report, Resolutions, Conditions of Approval. Page 2 of 36 Commercial Design Review No. 2011 -01 July 12, 2011 5. Medical Center Rendering 6. Full Size Plans. Page 3 of 36 VICINITY MAP COMMERCIAL DESIGN REVIEW 2011 -01 tiUNTq� LASH v F PROJECT SITE .P CITY COUNCIL Page 4 of 36 RESOLUTION NO. 2011 -042 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2011 -01, FOR THE PROPOSED LAKESHORE MEDICAL CENTER WHEREAS, Pablo Paredes AIA, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review 2011 -01; to construct a 5,065 square -foot pharmacy and medical complex. The vacant project site is generally located on Lakeshore Drive, and commonly identified as APN 378 - 290 -005 (the "Project'); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving Commercial Design Review applications; and WHEREAS, on July 12, 2008, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 7, 2011. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. The City Council has considered the proposed Commercial Design Review No. 2011 -01 prior to approving the application. The City Council finds that the Commercial Design Review satisfies all requirements set forth on Chapter 17.184 of the Lake Elsinore Municipal Code. SECTION 2. The City Council hereby finds and determines that this project is consistent with the Lake Elsinore Municipal Code and that no further environmental review is necessary pursuant to the California Environmental Quality Act (CEQA), Section 15332 (In -Fill Development Projects). SECTION 3. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal -Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2011 -01: 1 Page 5 of 36 The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number 378 - 290 -005 complies with the goals and objectives of the General Plan, in that the approval of this commercial office complex will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.184 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number 378 - 290 -005 is appropriate to the site and surrounding developments in that the commercial office complex known as the "Lakeshore Medical Center" has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number 378 - 290 -005 as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.184 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.184 Pursuant to Section 17.184.090 (Action of the City Council) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number 378 - 290 -005, has been scheduled for consideration and approval of the City Council. SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval imposed upon the proposed project, the City Council hereby approves the Commercial Design Review No. 2011 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. 2 Page 6 of 36 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of July 2011. ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY AMI BHUTTA, MAYOR CITY OF LAKE ELSINORE 3 Page 7 of 36 RESOLUTION NO. 2011 -043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROPOSED LAKESHORE MEDICAL CENTER WHEREAS, Pablo Paredes AIA, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review 2011 -01; to construct a 5,065 square -foot pharmacy and medical complex. The vacant project site is generally located on Lakeshore Drive, and commonly identified as APN 378 - 290 -005 (the "Project "); and WHEREAS, Section 6.0 of the MSHCP indicates project which are proposed for development in an area not covered by an MSHCP criteria shall be analyzed pursuant to the MSHCP "Plan wide Requirements" and the City of Lake Elsinore shall make the findings that the project is consistent with those requirements; and WHEREAS, these applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332. This section exempts "Infill" projects of 5 acres or less. No further environmental clearance is necessary; and WHEREAS, on June 7, 2011, the Planning Commission of the City of Lake Elsinore considered the project and its consistency with the MSHCP and recommended that the City Council make findings that the project is consistent with the MSHCP; and WHEREAS, the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 12, 2011. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to making a decision to approve Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the City Council makes the following findings for MSHCP consistency: 1 Page 8 of 36 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other `Plan Wide Requirements." The project site is not located within a MSHCP Criteria Cell. However, based on requirements of the MSHCP, the project is required to be consistent with Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the proposed project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No Riparian /Riverine areas or vernal pools are present on the project site. The project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the project is subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Specifically, the project is subject to Burrowing Owl surveys. The City conducted a habitat suitability assessment for Burrowing Owl. There is no vegetation on the site and the soils are highly disturbed. Due to the nature of the disked soils and the lack of debris or appropriately sized rodent holes, the site would be considered unsuitable for Burrowing Owls. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the UrbanMildlands Interface Guidelines. The project is surrounded by existing development or graded parcels planned for development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP are not applicable to the project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the requirements of Vegetation mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP 2 Page 9 of 36 are not applicable to the project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10.The proposed project is consistent with the MSHCP. The project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval imposed upon the proposed project, the City Council of Lake Elsinore does hereby adopts the above findings regarding the Project's consistency with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 12th day of July 12, 2011. ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY AMY BHUTTA, MAYOR CITY OF LAKE ELSINORE 3 Page 10 of 36 CITY OF .AIDE , LSIIYOR.,,E -� DREAM EXTREME.. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 7, 2011 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2011 -01; TO CONSTRUCT AND OPERATE A PHARMACY AND MEDICAL OFFICE ON PROPERTY LOCATED AT 16746 LAKESHORE DRIVE (APN: 378- 290-005). j APPLICANT: PABLO PAREDES ?., J 6605 LA JOLLA BOULEVARD LA JOLLA, CA 92037 OWNER: AHMAD MASHAYEKAN 16746 LAKESHORE DRIVE LAKE ELSINORE, CA 92530 PROJECT REQUEST The applicant is requesting a Commercial Design Review to construct and operate a 3,064 square -foot medical office in conjunction with a 2,000 square -foot pharmacy complex at 16746 Lakeshore Drive. Project review is pursuant to Chapters 17.120 (C1; Neighborhood Commercial), 17.112 (Non - Residential Standards), and 17.184 (Design Review) of the Lake Elsinore Municipal Code (LEMC). BACKGROUND On April 5, 2011, the Design Review Committee (DRC) reviewed the proposed plans and provided several substantive comments relating to the project meeting code requirements, architectural articulation, landscaping, and signage. On April 25, 2011, the applicant contacted staff, indicating that the owner as well as the applicant would not be able to attend the May 3, 2011 Planning Commission meeting and Page 11 of 36 PC June 7, 2011 Item No. 2 Page 1 of 28 COMMERCIAL DESIGN REVIEW NO. 2011 -01 JUNE 7, 2011 to please continue the item to the May 17, 2011 Planning Commission meeting. On May 12 the applicant contacted staff indicating that they wanted to incorporate additional architectural elements to the proposed commercial development, but additional time was required to complete those modifications and to please continue the item from May 17, 2011 to the June 7, 2011 Planning Commission meeting. SETTING PROJECT DESCRIPTION COMMERCIAL DESIGN REVIEW Site Design The applicant is proposing to construct and operate two (2) medical offices of approximately 1500 square -feet in conjunction with a 2,000 square -foot pharmacy complex in the project site. The proposed medical building will be located on the west side of the site and the two -way circulation and parking will be placed along the east side. The building will be set back approximately fifty -six and a half feet (56' -6 ") from Lakeshore Drive. Onsite Circulation and Parking The project site will have access off of Lakeshore Drive by a twenty- foot (20' -0 ") wide two - way driveway. A proposed easement will allocate a secondary access driveway between the project site and the existing commercial center to the west. The parking lot will incorporate landscape islands and decorative shrubs in order to break up the continuous parking spaces. Parking spaces will be designed at 90- degree angle, with a twenty six foot (26') two -way drive aisle and typical parking space dimension of nine feet (9) by eighteen feet (18') with a two foot (2) double stripping as required by the LEMC. The development will provide two (2) disabled parking spaces pursuant to applicable building codes. The proposed project also identifies the thirty-foot (30' -0 ") right -of -way along Lakeshore Drive frontage so as to achieve required ultimate right -of -way widths and associated street improvements. Page 12 of 36 PC June 7, 2011 Item No. 2 Page 2 of 28 {}�S'�° ®� A r `j Y l?•5� 6 ® my4 Y3...7'. A=`� h� 2 i 't L� C (C-11) Neighborhood Commercial IMF R*111111=1 _i,KM- (C-1) Neighborhood Commercial 61111. . (C-2) General Commercial Fing9m v.9.1IN"M Neighborhood Commercial (C-1) Neighborhood Commercial PROJECT DESCRIPTION COMMERCIAL DESIGN REVIEW Site Design The applicant is proposing to construct and operate two (2) medical offices of approximately 1500 square -feet in conjunction with a 2,000 square -foot pharmacy complex in the project site. The proposed medical building will be located on the west side of the site and the two -way circulation and parking will be placed along the east side. The building will be set back approximately fifty -six and a half feet (56' -6 ") from Lakeshore Drive. Onsite Circulation and Parking The project site will have access off of Lakeshore Drive by a twenty- foot (20' -0 ") wide two - way driveway. A proposed easement will allocate a secondary access driveway between the project site and the existing commercial center to the west. The parking lot will incorporate landscape islands and decorative shrubs in order to break up the continuous parking spaces. Parking spaces will be designed at 90- degree angle, with a twenty six foot (26') two -way drive aisle and typical parking space dimension of nine feet (9) by eighteen feet (18') with a two foot (2) double stripping as required by the LEMC. The development will provide two (2) disabled parking spaces pursuant to applicable building codes. The proposed project also identifies the thirty-foot (30' -0 ") right -of -way along Lakeshore Drive frontage so as to achieve required ultimate right -of -way widths and associated street improvements. Page 12 of 36 PC June 7, 2011 Item No. 2 Page 2 of 28 COMMERCIAL DESIGN REVIEW NO. 2011 -01 JUNE 7, 2011 a Architecture The applicant is proposing a "Contemporary" architectural style for the building, which is achieved by the curvilinear walls, selected building materials and roof lines that wrap around the two (2) circular sections of the building. Additionally, the applicant is also proposing to accommodate a six and a half foot (6' -6 ") tall architectural feature that would represent a "Medicine Mortar' made of a cement coated foam above the roof line in an effort to further identify the proposed medical use of the building. Additionally, the applicant has noted and agreed to have this architectural element removed in the case that there is a change in the use of the proposed building. Staff has also addressed this as condition number 9 on the attached conditions of approval. Colors and Materials The decorative arched wall and window elements that will be incorporated along the building elevations of the proposed "Contemporary" building structure will have a clear insulated glazing, light tan travertine tile wainscot and trims, adobe brown metal roofing, butterscotch stucco walls and brown wood fascia and columns. The complementing tan colors that have been chosen will blend in with the adjacent shopping center at the west and the fast food restaurant to the east. Landscaping % The applicant is proposing to develop the 17,000 square -foot site with 2,488 square -feet of landscape, which meets the minimum of fifteen percent (15 %) of the site as required by section 17.120.070 of the Lake Elsinore Municipal Code. The applicant is proposing four (4) fifteen (15) gallon Myrtle trees, and decorative shrubs over a marathon grass area along Lakeshore Drive. The parking lot will be enhanced by two (2) fifteen (15) gallon Indian Hawthorn and several five (5) gallon Indian Hawthorn trees over evergreen flowering ground cover at each parking lot island. The garden area at the end of the development will include a gazebo, three (3) fifteen (15) gallon African Sumac trees and a continuous row of fifteen (15) gallon Laurel Cherry trees over an evergreen flowering ground cover. ANALYSIS COMMERCIAL DESIGN REVIEW Site Design The proposed site plan meets all applicable development standards and criteria outlined in the (C -1; Neighborhood Commercial) Zoning district including setbacks and lot coverage and the Non - Residential development standards outlined in Chapter 17.112 of the Lake Elsinore Municipal Code. Page 13 of 36 PC June 7, 2011 Item No. 2 Page 3 of 28 COMMERCIAL DESIGN REVIEW NO. 2011 -01 JUNE 7, 2011 Circulation and Parking The circulation and parking space layout complies with the requirements set forth in Lake Elsinore Municipal Code Chapter 17.148 (Parking Requirements). Staff has determined that twenty -five (25) parking spaces are required onsite. A total of twenty -five (25) spaces have been provided including two (2) handicap accessible parking spaces. In addition, aisle width and turning radius requirements have both been fully addressed. Architecture The applicant has focused on developing a "Contemporary" architectural style by incorporating curvilinear walls, roofline variations, articulated planes and decorative elements including selected building materials. Staff believes the proposed "Contemporary" architectural style will serve as an iconic feature and will create a theme and feel that will be carried out as the District continues to evolve and develop overtime. Overall, staff feels that all the architectural elements achieve a unique, one -of -a -kind appearance for a pharmacy and medical facility. Colors and Materials The proposed building colors and materials appropriately interact to produce diversity and enhance the architectural effects. Landscaping The landscape design for the project site complies with the requirements set forth in LEMC Section 17.120.070. The proposed landscaping improvements serve to enhance the building design and soften portions of building elevations, provide shade and break -up expanses of pavement within the parking area. Moreover, the unique park area setting at the end of the proposed development will result in an attractive amenity to the proposed project. Saturday Construction Work The City's Noise Ordinance prohibits construction activity to be conducted on Saturdays, Sundays and legal holidays. The applicant is requesting permission to undertake construction activities, as necessary, on Saturdays so as to maintain the construction schedule. Staff has no concerns with the request given that no residential uses exist within close proximity to the subject property. Staff has modified recommended Condition of Approval No. 7 accordingly; should the Planning Commission choose to approve. Page 14 of 36 PC June 7, 2011 Item No. 2 Page 4 of 28 COMMERCIAL DESIGN REVIEW NO. 2011 -01 JUNE 7, 2011 ENVIRONMENTAL DETERMINATION Pursuant to the California Environmental Quality Act (CEQA), Section 15332 (in -fill Development Projects), staff has determined that the proposed project will not have a significant affect on the environment and shall therefore be exempt from the provisions of CEQA. Therefore, no additional environmental clearance is necessary. a. Adopt Resolution No. PC -2011- recommending that the City Council adopt findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, b. Adapt Resolution No. PC-201 1-- recommending that the City Council approve Commercial Design Review No. 2011 -01 to construct a 5,065 square -foot pharmacy and medical office complex along with associated onsite improvements, based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Agustin Resendiz, Associate Planner 4, Reviewed By: Justin Carlson, Redevelopment Agency Analyst /i Approved By: Robert A. Brady, City Manager Attachments: 1. Vicinity Map 2. Planning Commission MSHCP Resolution 3. Planning Commission Commercial Design Review Resolution 4. Planning Commission Conditions of Approval 5. CEQA Notice of Exemption 6. Draft Acknowledgment Conditions of Approval 7. 81/2" x 11" Plan Reductions 8. Full Size Plans Page 15 of 36 PC June 7, 2011 Item No. 2 Page 6 of 28 RESOLUTION NO. 2011 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPT FINDINGS THAT THE PROJECT KNOWN AS LAKESHORE MEDICAL CENTER IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). WHEREAS, Pablo Paredes AIA, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review 2011 -01; to construct a 5,065 square -foot pharmacy and medical complex. The vacant project site is generally located on Lakeshore Drive, and commonly identified as APN 378 - 290 -005 (the "Project "); and WHEREAS, these applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code § 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15332. This section exempts "Infill" projects of five 5 acres or less. No further environmental clearance is necessary; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 7, 2011. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed application and its consistency with the MSHCP prior to making a decision to recommend to the City Council to approve Findings of Consistency with the MSHCP. SECTION 2. That in accordance with State Planning and Zoning laws, the Lake Elsinore Municipal Code (LEMC) and the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: Page 16 of 36 PLANNING COMMISSION RESOLUTION NO. 2011-14 PAGE 2OF4 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The project site is not located within a MSHCP Criteria Cell. However, based on requirements of the MSHCP, the project is required to be consistent with Section 6.1.2 Riparian /Revering Areas and Vernal Pool Guidelines and Section 6.3.2 Critical Area Species Survey Area Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the proposed project is not located within a MSHCP Criteria Cell and therefore it was not processed through a LEAP or Joint Project Review. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No revering /riparian areas or vernal pools are present on the project site. The project is therefore consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Per MSHCP requirements, the project is not subject to the Narrow Endemic Plant Species Guidelines set forth in Section 6.1.3. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. Per MSHCP requirements, the project is subject to Critical Area Species Survey Area Guidelines as set forth in Section 6.3.2 of the MSHCP. Specifically, the project is subject to Burrowing Owl surveys. The City conducted a habitat suitability assessment for Burrowing Owl. There is no vegetation on the site and the soils are highly disturbed. Due to the nature of the disked soils and the lack of debris or appropriately sized rodent holes, the site would be considered unsuitable for Burrowing Owls. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The project is surrounded by existing development or graded parcels planned for development. Therefore, the Urban/Wildlands Interface Guidelines set forth in Page 17 of 36 PLANNING COMMISSION RESOLUTION NO. 2011-14 PAGE 3OF4 Section 6.1.4 of the MSHCP are not applicable to the project. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. There are no resources existing on site that would be subject to the requirements of Vegetation mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. As stated above, the project is surrounded by existing and planned development. Therefore, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10.The proposed project is consistent with the MSHCP. The project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 7`h day of June, 2011. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager Page 18 of 36 PLANNING COMMISSION RESOLUTION NO. 2011-14 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011-14 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 7th day of June 2011, and that the same was adopted by the following vote: AYES: CHAIRMAN GONZALES, VICE CHAIRMAN MENDOZA, COMMISSIONER MORSCH, COMMISSIONER O'NEAL, COMMISSIONER JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Robert A. Brady, City Manager Page 19 of 36 RESOLUTION NO. 2011-15 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2011 -01, KNOWN AS LAKESHORE MEDICAL CENTER WHEREAS, Pablo Paredes AIA, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review 2011 -01; to construct a 5,065 square -foot pharmacy and medical complex. The vacant project site is generally located on Lakeshore Drive, and commonly identified as APN 378 - 290 -005 (the "Project'); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Commercial Design Review applications; and WHEREAS, public notice of said application has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 7, 2011; NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Commercial Design Review No. 2011 -01 prior to making a decision to recommend that the City Council approve the proposed Commercial Design Review application. The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth on Chapter 17.184 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission finds and determines that this project is consistent with the Lake Elsinore Municipal Code and that no further environmental review is necessary pursuant to the California Environmental Quality Act (CEQA), Section 15332 (In -Fill Development Projects), based upon the following findings and determination: SECTION 3. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review No. 2011 -01: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number 378 - 290 -005 complies with the goals and objectives of the General Plan, in that the approval of this commercial medical office complex will assist in Page 20 of 36 PLANNING COMMISION RESOLUTION NO. 2011-15 Page 2 of 4 achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.184.020 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number 378 - 290 -005 is appropriate to the site and surrounding developments in that the commercial medical office complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number 378 - 290 -005, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.184.020 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number 378 - 290 -005, has been scheduled for consideration and approval of the Planning Commission. SECTION 4. Based upon the evidence presented, the above findings, and the conditions of approval, the Planning Commission hereby approves the Commercial Design Review application. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Page 21 of 36 PLANNING COMMISION RESOLUTION NO. 2011-15 Page 3 of 4 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 7th day of June, 2011. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager Page 22 of 36 PLANNING COMMISION RESOLUTION NO. 2011-15 Page 4 of 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2011 -15 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 7th day of June 2011, and that the same was adopted by the following vote: AYES: CHAIRMAN GONZALES, VICE CHAIRMAN MENDOZA, COMMISSIONER JORDAN, COMMISSIONER MORSCH, COMMISSIONER O'NEAL NOES: NONE ABSENT: NONE ABSTAIN: NONE Robert A. Brady, City Manager Page 23 of 36 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW 2011 -01 FOR A PHARMACY AND MEDICAL OFFICE FACILITY PLANNING DIVISION GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Commercial Design Review 2011 -01; (APN: 378 - 290 -005). 2. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project approval. 3. Any violation or noncompliance with the Conditions of Approval shall be cause for the revocation of this Commercial Design Review. 4. The Conditions of Approval for this project shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 5. The applicant shall sign an "Acknowledgement of Conditions" statement and submit it to the Planning Department prior to the issuance of any permit. 6. Applicant shall place a weatherproof Tx 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. 7. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM and 5:00 PM, Monday through Saturday, and no construction activity shall occur on Sundays, or legal holidays. Construction and materials delivery trucks shall be limited to one -ton vehicles on Saturdays. 8. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 9. The applicant shall remove the proposed architectural element that represents the "Medicine Mortar" at his /her own cost if and when the intended medical use of the building is not continued. Commission Approved Page 1 of 12 June 7, 2011 Page 24 of 36 10. The applicant shall comply with all applicable City codes and ordinances. 11. The applicant shall at all times comply with Section 17.176 (Noise Control) of the Lake Elsinore Municipal Code. 12. Necessary traffic circulation signage shall be erected onsite and shall be reviewed by the Community Development Director or designee. 13. Any alteration or expansion of this project shall comply with all current Code provisions and regulations. An application for modification or other change in the conditions of approval of the Commercial Design Review shall be reviewed according to the provisions of this Chapter in a similar manner as a new application. 14. Any freestanding sign along the Lakeshore Drive frontage shall be modified upon construction of ultimate street widening improvements so as to achieve setback requirements applicable at that time. COMMERCIAL DESIGN REVIEW 15. The Commercial Design Review will expire two (2) years from the date of approval unless within that period of time a building permit is issued and construction commenced and diligently pursued toward completion, or an extension of time is granted by the City of Lake Elsinore. 16. All site improvements shall be constructed as indicated on the approved site plan and building elevations for the Commercial Design Review, or as specified by these Conditions of Approval. Any revisions to the approved exhibits shall be subject to the review and approval of the Director of Community Development or his designee. 17. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 18. All exterior onsite lighting shall be shielded and directed on -site so as not to create glare onto neighboring properties and streets. All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Community Development Director or designee. 19. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. Commission Approved Page 2 of 12 June 7, 2011 Page 25 of 36 20. No exterior roof ladders shall be permitted. 21. All exterior downspouts shall be concealed within the building. 22. Onsite surface drainage shall not cross sidewalks. 23. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. The colors and materials shall include the following: 24. Three (3) sets of Construction Landscape Plans and Irrigation Details for the project are required. These drawings shall be submitted along with a cost estimate for review and approval by the City's Landscape Architect Consultant and the Director of Community Development or his designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. The plans shall provide for ground cover, shrubs, trees, and vines and meet all requirements of the City's adopted Landscape Guidelines and Water Efficient Landscaping Ordinance. b. The applicant shall revise the proposed landscaping plan to incorporate the use of Xeriscape or drought resistant plantings with combination drip irrigation system shall be used to prevent excessive watering. c. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d. Plantings within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e. All landscaping and irrigation shall be fully installed at the time a Certificate of Occupancy is requested for the building. f. The proposed tree planting shall be a minimum of 24 -inch. 25. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance of landscaping and irrigation systems for one year following the approval of the Certificate of Occupancy. The bond shall cover ten (10 %) of the actual cost of labor, equipment and material as shown on the approved Cost Estimate to install landscaping. Commission Approved Page 3 of 12 June 7. 2011 Page 26 of 36 26. The property owner shall fully fund and construct the onsite flatwork, illumination improvements, irrigation, landscaping and associated water and electrical meters. The improvements shall be completed prior to issuance of final occupancy. In addition, the property owner shall fully fund all ongoing maintenance and operating costs associated with these improvements. 27. At least sixty (60) days before requesting a final inspection, the property owner shall submit an access easement for City review and approval. 28. Prior to issuance of Building Permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 29. Prior to issuance of Building Permits, applicant shall provide assurance that the Public Building Impact Fee has been paid. 30. Prior to issuance of Building Permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 31. Prior to the issuance of Building Permits, the applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. 32. If human remains are encountered, State 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 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 shall be contacted within a reasonable time frame. Subsequently, the Native American Heritage Commission shall identify the "most likely descendent'. The most likely descendant shall then make recommendations and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. ENGINEERING DIVISION GENERAL 33. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 34. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. Commission Approved Page 4 of 12 June 7, 2011 Page 27 of 36 35. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer. 36. All storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system; the working and stencil shall be approved by the City Engineer. 37. All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 39. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and /or out on the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities (12 KV or lower) shall be underground. Temporary power shall be installed per the requirements of Building Official. All power lines (temporary or permanent) shall comply with CALTRANS standards for vehicle clearance. 40. The applicant shall install permanent bench marks / monuments per Riverside County Standards and at the project entrance and the centerline of Lakeshore Drive. 41. The applicant shall preserve or install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Riverside County Standards. 42. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 43. Sight distance into and out of this project location shall comply with CALTRANS Standards. FEES: 44. The applicant shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.74). Commission Approved Page 5 of 12 June 7. 2011 Page 28 of 36 CONDITIONS OF APPROVAL FOR COMMERCIAL DESIGN REVIEW 2011 -01 FOR A PHARMACY AND MEDICAL OFFICE FACILITY 45. Applicable mitigation fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. Traffic Infrastructure Fee (TIF): 3057sf Medical Offices at $1.45 per square foot and 2008sf Pharmacy at $3.84 per square foot of buildings. Transportation Uniform Mitigation Fee (TUMF): 2008sf Pharmacy at Retail rate of $ 10.49 /square foot and 3057sf Medical Offices at Service rate of $4.19 /square foot of buildings. Drainage Fee: $5.955.00 gross acre (#49 West Elsinore) STORM WATER MANAGEMENT / POLLUTION PREVENTION 46. The applicant shall provide first flush that will reduce storm water pollut drainage facilities (MS4's). BMP's using the best available technology ants prior to entering into outside street 47. A Water Quality Management Plan (WQMP) for post construction is required for this project and must be approved prior to grading permit issuance. The Applicant, at their expense, agrees to implement site design changes and /or revisions from the review for approval of the WQMP, submitting the changes for processing through the appropriate City Departments for approval prior to implementation. 48. The applicant shall incorporate into the project plans combination of Site Design BMPs, Source control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern identified for the project, as required by California Green Building Standards, Section 5.106 and NPDES requirements for commercial projects within the San Jacinto, and Santa Ana River Watersheds. 49. The site design techniques in the WQMP shall achieve post development runoff flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event to prevent significant increases in downstream erosion compared to the pre - development condition and prevent significant adverse impacts to stream habitat. The WQMP shall provide measures to minimize the impact from the pollutants of concern and hydrologic conditions of concern identified for the project. Where the pollutants of concern include pollutants that are listed as causing or contributing to impairments of receiving waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall provide information regarding design considerations, and the long -term operation and maintenance requirements for BMPs requiring long -term maintenance as well as the mechanism for funding the long -term operation and maintenance of the BMP's. Commission Approved June 7, 2011 Page 6 of 12 Page 29 of 36 CONDITIONS OF APPROVAL 50. Install NPDES approved stabilized entrance onsite to prevent tracking of material onto Lakeshore Drive The developer shall prohibit the discharge of soil and waste into the storm drain system or local surface waters in accordance with City of Lake Elsinore ordinances for storm water management and discharge control and with state and federal law. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. IMPROVEMENTS: 51. The owner shall process through the City Engineering Division for plan check, approval and recordation a dedication to the City of right -of -way along Lakeshore Drive adjacent to the property frontage. Total right -of -way of 60 feet as measured from the centerline of Lakeshore Drive to the new property line. After dedication, the City of Lake Elsinore shall issue a temporary, long -term encroachment permit to allow construction from the property line, 10 -feet into the new right -of -way dedication. 52. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. 53. An encroachment permit is required for all work to be done in the public right -of- way. Applicant shall submit the permit application, required fees and documents prior to issuance. 54. Applicant shall construct street improvements to City Standard along the project frontage on Lakeshore Drive. New improvements to match or transition to existing improvements along the northern and southern property boundary. 55. All public improvements shall comply with ADA standards: 56. Applicant shall submit signing and striping plans for City review and approval for Diamond Drive and Mission Trail. All signing and striping and traffic control devices shall be installed and approved by the City. 57. A California Registered Civil Engineer shall prepare the improvement plans required for this project. Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition, and City Codes (LEMC 12.04 and 16.34) Commission Approved Page 7 of 12 June 7, 2011 Page 30 of 36 CONDITIONS OF APPROVAL PRIOR TO GRADING PERMIT 58. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and /or movement of soil (grading) on the site. The plan shall include separate sheets for: • Grading, • Erosion control • Haul route(s) to be used for movement of import or export material. • Traffic control. 59. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and Lake Elsinore Design Manual (available at www.lake- elsinore.org). 60. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 61. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or topography shall be approved by the City Engineer. 62. The applicant shall apply for, obtain and submit to the City's Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 63. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 64. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and /or subsidence zones present on -site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. 65. The applicant shall obtain all necessary off -site easements and /or permits for off- site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 66. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. Commission Approved Page 8 of 12 June 7, 2011 Page 31 of 36 CONDITIONS OF APPROVAL 67. A preconstruction meeting with the City Public Works / Engineering Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 68. Export and import sites located within the Lake Elsinore City limits must have an active grading permit. 69. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 70. Submit an approved environmental clearance document provided by City Planning Division to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. Any variation shall require an appropriate environmental clearance prior to issuance of a grading permit. 71. Applicant shall pay all grading permit applicable processing, permit, security and development fees including prior to issuance of the grading permit. 72. Prior to issuance of a Grading Permit, applicant shall provide the City for review and approval a plan of all proposed haul routes to be used for movement of import or export material. Export sites located within the Lake Elsinore City limits must have an active grading permit. Public Noticing and City Council approval is required for haul routes of over 5,000 cubic yards. The cost of noticing shall be paid by the applicant. PRIOR TO BUILDING PERMIT 73. The applicant shall submit a 'Will Serve" letter to the City Engineering Division for this project and specify the technical data for the water service at the location, such as water pressure and volume, etc. Submit this letter to the Engineering Division prior to applying for a building permit. 74. The owner shall dedicate in fee title to the City a 30' strip of right -of -way along Lakeshore Drive adjacent to the property frontage for a total right -of -way of 60' wide from centerline to the project property line on Lakeshore Drive. 75. The owner shall secure an access easement across APN 378 - 290 -005 and the property to the north (APN 378 - 290 -018) for shared driveway use. A copy of the recorded easement shall be provided to the City. 76. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. Commission Approved Page 9 of 12 June 7, 2011 Page 32 of 36 77. Applicant shall pay all applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, and area drainage. PRIOR TO OCCUPANCY /FINAL APPROVAL: 78. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall be submitted to the Engineering Division before final inspection will be scheduled. 79. All required public right -of -way dedications, easements and vacations and easement agreement(s) for ingress and egress through adjacent property(ies) shall be recorded with a recorded copy provided to the City prior to final project approval. 80. All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 81. All signing and striping and traffic control devices onsite and on Lakeshore Drive shall be installed. 82. The applicant shall pay fee in -lieu of construction of future median improvements on Lakeshore Drive. The fee shall be equal to one -half of the current cost estimates for improvements (including contingency) plus an additional 15% of the total construction cost estimate to cover design and administrative costs. The cost estimate shall be approved by City staff. 83. Water and sewer improvements shall be completed in accordance with Water District Requirements. 84. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, applicant shall: 85. Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; 86. Demonstrate that they are prepared to implement all non - structural BMPs included in the conditions of approval or building /grading permit conditions; 87. Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners /occupants; and Commission Approved Page 10 of 12 June 7. 2011 Page 33 of 36 88. The applicant shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handouttguideline information. 89. The property owner shall execute and cause to be recorded a "Covenant and Agreement' in the form provided by the City to inform future property owners of the requirement to implement the approved final project - specific WQMP. 90. Applicant shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, and area drainage prior to occupancy /final approval. 91. Notice of Completion for construction activity shall be recorded with the County of Riverside Recorder's Office and a recorded copy provided to the Engineering Division. 92. As built plans As -built plans for all approved plan sets shall be submitted for review and approval by the City. The applicant/developer /owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the applicant shall provide the City with a CD of the "as built' plans in .tif format. 93. All final studies and reports shall be submitted in .tif format on a CD /DVD. Studies and reports include Soils, Seismic, Hydrology, Hydraulics, Grading, WQMP, etc. 94. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. ADMINISTRATIVE SERVICES DEPARTMENT 95. Prior to issuance of any building permit, the applicant shall annex into Lighting and Landscape Maintenance District to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall pay to the City a non - refundable deposit in the amount of $5,000 to cover the cost of the annexation process. Commission Approved Page 11 of 12 June 7. 2011 Page 34 of 36 RIVERSIDE COUNTY FIRE DEPARTMENT 96. The Riverside County Fire Department contacted staff and indicated that due to the size of the lot, the location of a nearby fire hydrant and the easy access from fire lanes on the adjoining properties, it will not be necessary to consider the apparatus to come into the property as is can be served otherwise. 97. The applicant shall comply with all Riverside County Fire Departments requirements and standards in relation to the construction of the commercial building. 98. LAKE ELSINORE UNIFIED SCHOOL DISTRICT 99. Pursuant to AB 2926, AB 1600 and AB 181, the owner /developer shall pay the maximum allowable commercial school fee prior to the issuance of a Certificate of Occupancy. Commission Approved Page 12 of 12 June 7, 2011 Page 35 of 36