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HomeMy WebLinkAbout2009/03/10 City Council Item No. 9CITY OF LAKE ttjLSIRORE DREAM EICTREMEn TO: FROM: DATE: SUBJECT: BACKGROUND REPORT TO CITY COUNCIL HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROBERT A. BRADY, CITY MANAGER MARCH 10, 2009 PUBLIC HEARING TO CONSIDER MODIFICATION OF CONDITIONS OF APPROVAL FOR THE GREENWALD COMMERCIAL PROJECT A Mutual Settlement Agreement and Release dated for identification purposes as of February 19, 2009 (the "Settlement Agreement'), by and among the City of Canyon Lake ( "Canyon Lake'), the Sauls Company, Greenwald LLC (the 'Developer "), the City of Lake Elsinore ( "Lake Elsinore') and the City of Lake Elsinore City Council (the "City Council ") was approved by all parties. A copy of the Settlement Agreement is on file with the City Clerk. Pursuant to the Agreement, Lake Elsinore agreed to hold a public hearing to consider certain modifications to Conditions of Approval for the Greenwald Commercial Project (the "Project'). The Conditions of Approval for which modifications are proposed are Condition of Approval No. 83 and the additional conditions added by the City Council on October 28, 2008 to Condition of Approval No. 7(h)(1). It is proposed that Condition of Approval No. 83 be amended and restated as follows: "A multipurpose trail shall be provided on the existing easement at the easterly side of the project. In addition, the Developer shall comply with the following: a. Construct and Install A Crosswalk on Greenwald Avenue Concurrent with the construction of any Developer improvements to Greenwald Avenue, but in no event later than Agenda Item No. 9 Page 1 of 29 MODIFICATION TO GREENWALD CONDITIONS March 10, 2009 Page 2 the issuance of the first Certificate of Occupancy, for the Project, Developer shall construct and install, or cause to be constructed and installed, a striped crosswalk on Greenwald Avenue east of the creek on the west side of the intersection of Greenwald Avenue and Dowling Road in substantially the location shown on the Crossing Improvement Drawing attached hereto as Exhibit "A" and incorporated herein by this reference. b. Install Cobra Head Street Lights on Greenwald Avenue Prior to the issuance of the first Certificate of Occupancy for the Project, Developer shall install or cause to be installed, a Lake Elsinore standard cobra head street light on each end of the crosswalk crossing Greenwald Avenue as shown on the Crossing Improvement Drawing attached hereto as Exhibit "A" and incorporated herein by this reference. C. Advanced Roadside Signage Warning of Greenwald Avenue Crossing Prior to the issuance of the first Certificate of Occupancy for the Project, Developer shall install, or cause to be installed, Lake Elsinore standard advanced roadside signage warning motorists of the Greenwald Avenue crossing as shown on the Crossing Improvement Drawing attached hereto as Exhibit "A" and incorporated herein by this reference." It is proposed that Condition of Approval No. 7(h)(1) be amended and restated as follows: "The Developer shall install a traffic signal at the intersection of Summerhill Drive at Greenwald Avenue. The project shall pay its fair share for impacts as identified in the City TIF program. The project's fair share would be 39.33 percent of the cost to signalize the intersection. This will mitigate the project's impact to this intersection. The Developer shall not be obligated to install an equestrian traffic control device on the traffic signal to be installed at the intersection of Summerhill Drive and Greenwald Avenue, as indentified by the City Council on October 28, 2008." The foregoing revisions reflect the terms that were agreed upon by the Parties in resolving the lawsuit filed by Canyon Lake against Lake Elsinore. Agenda Item No 9 Page 2 of 29 MODIFICATION TO GREENWALD CONDITIONS March 10, 2009 Page 3 RECOMMENDATION 1) Approve the modifications to the conditions of approval for the Greenwald Commercial project as set forth herein and as reflected in Attachment No. 1 to this Staff Report. 2) Direct staff to place the revised Conditions of Approval in the permanent Project file. 3) Direct staff to attach the document attached to this Staff Report as Attachment No. 2 to the Conditions of Approval for the Project that are placed in the permanent Project file. Prepared By: Barbara Leibold, City Attorney Approved By: Robert A. Brady City Manager Attachments: 1. Modification to Conditions of Approval for Greenwald Commercial Project 2. Exhibit "A" Agenda Item No. 9 Page 3 of 29 PLANNING DIVISION 1. The approval of this project will lapse and be void unless a building permit is issued within two (2) years of approval. The applicant may request an extension of time by submitting an application and required fees a minimum of one (1) month prior to the expiration date. The Director of Community Development may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. 2. Tentative Parcel Map No. 36066 will expire with the expiration of Commercial Design Review 2008 -01. In accordance with the Subdivision Map Act (SMA), a final map shall not be filed with the County Recorder, or an extension of time granted by the City if the applicant allows the design review approval to expire. 3. Tentative Parcel Map No. 36066 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (Title 16), unless modified by approved Conditions of Approval. 4. Conditional Use Permit No. 2008 -01 will expire with the expiration of Commercial Design Review No. 2008 -01 or Tentative Parcel Map No. 36066. CUP No. 2008 -01 allows for the design of the project to include architectural towers that exceed the maximum height in the C -1 Neighborhood Commercial Zone. CUP No. 2008 -01 also allows for the development to include a gas dispensing establishment with drive - through mini -mart, and outdoor patio dining in conjunction with a restaurant, as shown on the approved site plan for the Greenwald Commercial Center. 5. 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, concerning the project attached hereto. 6. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this project by the City Council. The applicant shall forward to the Planning Division secretary, a check made payable to the Riverside County Clerk, in the amount of $1,876.75 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. Deleted: of 7. The applicant shall comply with the Mitigation Monitoring &Reporting Program Deleted;. October 2s, zoos Planning Commission Approval City Council Approval City Council Modificatton October 7, 2008 October 28, 2008 March 10, 2009 Paae 1' ooff 24----------------------- - - - - -- -:; Agenda Item No. 9 Page 4 of 29 on APN 349 - 290 -009. a. At least thirty (30) days prior to grading permit the applicant shall contact the appropriate Tribe to notify the Tribe of grading, excavation, and the monitoring program, and to coordinate with the City and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement, in accordance with mitigation measure CRA of the Mitigation Monitoring and Reporting Program (MMRP) for the project. b. Prior to the issuance of any grading permit, the project archaeologist shall file a pre - grading report with the City to document the proposed methodology for grading activity observation, in accordance with mitigation measure CR -2 of the MMRP for this project. C. If human remains are encountered during grading and other construction excavation, work in the immediate vicinity shall cease and the County Coroner shall be contacted pursuant to State Health and Safety Code Section 7050.5. d. Truck deliveries and hours of operation at all buildings within Parcel 4 shall be limited to the daytime hours between 7 a.m. and 10 p.m. to mitigate noise impacts to adjacent residences. e. Applicant shall construct an eight -foot (8') high noise barrier along the eastern property line of the project. f. Applicant shall construct a five -foot (5') high parapet wall as a noise barrier around all roof - mounted air conditioning units for all buildings in Parcel 4. Applicant shall architecturally screen all roof - mounted equipment on all buildings on the site for aesthetic purposes. g. Lighting on the site shall be shielded and selectively placed to avoid shining onto residential properties and the conservation areas onsite. h. Applicant shall participate in construction of off -site improvements through fees, the TUMF program, TIF program, assessment district, and /or fee credit agreements for the following: 1) Traffic signal at the intersection of Greenwald Avenue and Scenic Crest Drive. Planning Commission Approval City Council Approval City Council Modificaiton October 7 2008 October 28, 2008 March 10, 2000 P g $_ . DeleMd: of Deleted; . October 28, 2008 Agenda Item No. 9 Page 5 of 29 (MMRP) adopted for this project. 2) Jnstall_a traffic signal_at the intersection of S_ ummerhil_I Drive and_ . - Deleted:I Greenwald Avenue. The project shall pay its fair share for impacts as identified in the City TIF program. The project's fair share would be 39.33 percent of the cost to signalize the intersection. This will mitigate the project's impact to this intersection. ,The Developer - Deleted: In addition, the applicant shall not be obligated to instalGan_equestrian traffic control device- _ Deleted:, at its sole cost and on the traffic signal to be installed at the intersection of Summerhill expense, Drive and Greenwald Avenue, as indentified by the City Council on October 28 2008, Deleted: The equestrian traffic control device will provide for the safe All other Measures as specified in the adopted Mitigation Monitoring and crossing of Greenwald Avenue by hoses. Reporting Program for this project. 8. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, the documents submitted by the applicant, the permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 9. All site improvements shall be constructed as indicated on the approved site plan and building elevations or as specified by these Conditions of Approval. Any other revisions to the approved exhibits shall be subject to the review and approval of the Director of Community Development or his designee. a. Trash enclosure locations shall be acceptable to the trash hauler that will service the site. Should relocations as shown on the approved site plan be necessary, the applicant shall notify the City and obtain the approval of the Director of Community Development. b. Special attention shall be given to the trash enclosure visible from Greenwald Avenue, which shall be designed with architectural elements used on the building constructed on Parcel 1, and /or the architectural elements used on the monument signs for the Center. The applicant shall submit design plans during the Minor Design Review process for Parcel 1. C. The Lake Elsinore Municipal Code Section 17.66.050 requires that any unit space in a commercial building that exceeds 20,000 square feet in size provide a loading area larger than those shown on the site plan. In the event that a tenant improvement application is submitted to the City that Deleted: of allows a unit size in excess of 20,000 square feet, the applicant shall Deleted:. October 28, 2008 Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28 2008 March 10, 2009 E me �Lof2 4---------------- - - - - -- Agenda Item No. 9 Page 6 of 29 on APN 349 - 290 -009. d. Identify loading space(s) to service the building on Parcel 5 during the Minor Design Review process. e. The Parcel 1 drive - through order board shall be as close to the service pick up window as possible to prevent vehicle stacking from encroaching upon the gas dispensing drive aisles. f. Parking spaces shall comply with the Municipal Code. The 'Typical Parking Space at Top of Slope" depicted on the site plan does not comply and shall be removed. 10. In the event that off -site facilities proposed to be built by adjacent development are not fully constructed and operational, the developer shall install such facilities, including the wildlife undercrossing (two eight -foot box culverts) under Greenwald Avenue, during grading operations for the site. 11. The developer shall submit for review and approval by the Director of Community Development a new parking analysis and shuttle program to off -site parking facilities in the event that uses are proposed for the buildings not listed on the Parking Tabulation table, such as (but not limited to): auditoriums, churches, theaters, places of assembly, bowling alleys, clubs, discos, ballrooms, dance halls, lodges, game courts, and schools. 12. All lots shall meet the minimum setback requirements and must comply with the Development Standards for the C -1 Neighborhood Commercial zone in the Lake Elsinore Municipal Code. 13. Applicant shall submit for review and approval by the Director of Community Development prior to the issuance of any permits a minor design review (MDR) application for any and all buildings on the site. The MDR shall implement the elevations, exterior finishes, images and perspectives approved for the project, unless modified by the applicant and approved by the Director of Community Development. 14. Applicant shall meet all American with Disabilities Act requirements for access to all buildings in the project. 15. This project lies within Project Area No. 2, Area D of the Redevelopment Agency Planning Commission Approval City Council Approval City Council Modificaiton October 7. 2008 October 28, 2008 March 10, 2009 Page qof 24 . Deleted: of Deleted:. October28,2008 Agenda Item No. 9 Page 7 of 29 modify the site plan to provide the appropriate loading area for the tenant. Project Area Map 16. The developer shall comply with Chapter 17.78 Noise Control of the Lake Elsinore Municipal Code. In addition, construction shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Friday. No construction activity shall be allowed on Saturdays, Sundays or legal holidays. It is the developer's responsibility to ensure that contractors and subcontractors at the project site comply on his behalf. 17. The 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 (951) 674 -3124. The sign shall be placed on the property prior to the issuance of a grading permit or building permit. 18. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval regarding hours of construction, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the city a $5,000 case deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Conditions of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 19. The applicant shall provide to the Director of Community Development within thirty (30) days of map approval, a final approved version of Tentative Parcel Map No. 36066 and a final approved version of the site plan for Commercial Design Review No. 2008 -01 in digitized format. 20. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of project approval by the City Council. PRIOR TO FINAL PARCEL MAP: 21. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 22. All of the improvements shall be designed by the developers Civil Engineer to the specifications of the City of Lake Elsinore. Planning Commission Aoirroval City Council Approval City Council Modificaiton October 7, 2008 October 28, 2008 March 10, 2009 Page :y oft -4 ------------- -- --- - - - - -- -- Deleted: of '. Deletetl:. October 28, 2008 Agenda Item No. 9 Page 8 of 29 24. Prior to final map approval, the applicant shall initiate and complete the formation of a property owners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The POA shall be responsible for the maintenance of all common areas, open space areas, slopes, drive aisles and streets, parking spaces, landscaping and maintenance easement areas within the project. The POA shall maintain or shall coordinate with the appropriate agency approved by the Director of Community Development or his designee, for such maintenance. a. In the event that the Property Owners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the City's Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the POA for such service. b. CC &Rs shall prohibit roof - mounted microwave satellite antennas unless they are architecturally screened from view. C. The CC &Rs shall expressly designate the City of Lake Elsinore as a Third party beneficiary to the CC &Rs such that the City has the right, but not the obligation, to enforce the provisions of the CC &Rs. d. The CC &Rs shall designate the property owners' association as the entity responsible for maintenance, repair, irrigation, and stability of all slopes, trails and landscaping within the common area as such term is defined in the CC &Rs. e. The CC &Rs shall require reciprocal access easements by and between all property owners for the use of all driveways, drive aisles and parking spaces. f. The CC &Rs shall define and limit appropriate use of driveways, drive aisles, and landscape areas surrounding buildings. g. The CC &Rs shall restrict illuminated signage that face residential property to the north and east. Non - illuminated signage is permissible. Planning Commission Approval City Council Approval City Council Modificaitw October 7. 2008 October 28, 2008 March 10 2000 Fa�e 6�of 24------------------ ---- - - - - -- - Deleted: of Deleted:. October 28, 2008 Agenda Item No. 9 Page 9 of 29 23. If the developer chooses to phase the final map, he shall comply with the SMA, and shall comply with the final approved Phasing Plan associated with this map and as revised by these Conditions of Approval. h. The CC &Rs shall require replacement of cloth awnings or canopies when they are weathered, faded or torn. i. The CC &Rs shall state that property owners and /or tenants shall not oppose a City mitigation measure limiting the driveway on Parcel 1 for right -in /right -out access only, including the installation of a landscaped median, at such time when the traffic condition is warranted. The POA shall comply with and bear the cost of modifications to meet this requirement if imposed by the City. 25. All lettered lots shall be owned and maintained by the POA or other entity approved by the Director of Community Development and so noted on the Final Map. As an alternative Dowling Street may be offered for dedication and accepted by the City. PRIOR TO GRADING AND BUILDING PERMITS: 26. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building Division. 27. All lots shall comply with building codes in effect at the City. 28. Should the applicant phase construction, he shall submit for review and approval by the Director of Community Development, Fire Department, Building and Engineering Divisions, a Phasing Plan which shows primary, secondary and construction access for each phase of the project. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department. 29. Prior to the issuance of a grading permit, the applicant shall have a qualified biologist conduct a focused burrowing owl survey within 30 days prior to any ground- disturbing activities at the site, and shall submit the report to the Community Development Department. 30. Prior to the issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 31. The applicant shall comply with the requirements of the Lake Elsinore Unified UeleWd; of School District under the provisions of SB 50, wherein the owner or developer shall oelecea:. o ogerza, zoos Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28 2008 March 10, 2009 Page 7 .off 24 -------- --- --- Agenda Item No. 9 Page 10 of 29 32. The applicant shall provide connection to public sewer for each lot within the subdivision. Service laterals shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District ( EVMWD). No service laterals shall cross adjacent property lines unless approved by EVMWD and the City Building Division. 33. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. 34. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and /or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 35. The applicant shall meet all requirements of the providing electric utility company. 36. The applicant shall meet all requirements of the providing gas utility company. 37. The applicant shall meet all requirements of the providing telephone utility company. 38. A bond is required guaranteeing the removal of all trailers used during construction. 39. Prior to the issuance of a building permit for the installation on any sign including the entry monument sign shown on the site plan, the applicant shall submit for review and approval by the Planning Commission a Sign Program to be used uniformly by all tenants in the center. 40. Construction Landscape Plans and Irrigation Details for the project is required. These drawings shall be submitted to the Planning Division along with a cost estimate for review and approval by the City's Landscape Architect 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. Construction Landscape Drawings shall NOT be included in plancheck submittals to the Building Division. PI C . Deletetl: of ' Delebed:. October 28, 2008 m amng ommission Approval City Council Approval City Council ModiScaiton October 7, 2008 October 28, 2008 March 10, 2009 Page 4 2Q Agenda Item No. 9 Page 11 of 29 pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. a. Plans shall include vegetative screening of any retention basins and service roads. b. The applicant shall install street trees a maximum of thirty feet (30') apart, and at least twenty -four inch (24 ") box in size. c. The plans shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system shall be used to prevent excessive watering. d. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). e. Planters within the project site may range in width, with a minimum size of six - inches to accommodate ivy or other vines adjacent to walls. f. The 15 -foot planter containing the multi - purpose trail along the east boundary of the project site shall provide openings and curb cuts to enable access to both the northern and southern drive aisles that circulate through Parcel 4. g. Self- adhering vines shall be installed on all trash enclosure walls. h. The proposed trees along the frontage of the buildings shall provide as much shade as possible. Palms with fan - shaped fronds shall be replaced with feathered fronds or deciduous canopy trees. Tree wells with large- canopied trees shall be added throughout the walkways. i. The applicant shall provide at the concrete boulder steps, planters, shrubbery and large potted plantings as shown on the approved architectural drawings entitled "Perspectives." Canopy trees shall be planted nearby to provide shade. j. The following plant or tree species shall be removed from the conceptual landscape exhibit and shall not be used on the Construction Drawings: 1) Holly Oak 2) Mexican Palo Verde 3) Sunburst Lantana . Deleted: of 4) Sea Lavender Deleted:. October 28, 2008 Planning Commission Approval Citv Council Aooroval Citv Council Motlificaiton October 7, 2008 October 28 2008 March 10, 2000 Paiiee_9,of 24---------- - - - - - -- '' Agenda Item No. 9 Page 12 of 29 k. Furniture in the public areas shall be shown on construction drawings to include benches, trash containers, and bicycle racks conveniently scattered throughout the site. The center strip between parking stalls in the parking lot south of the building on Parcel 5 shall be fully landscaped with shrubs, flowers, groundcover and trees. However, the center strip along the center drive aisle at the west end of Parcel 3 shall retain the pedestrian walkway that provides access from Greenwald Avenue to both the building in Parcel 3 as well as the building in Parcel 2. Shade trees and groundcover shall also be provided as shown, either adjacent to the walkway or in planter diamonds. m. All planter boxes shall provide a minimum interior width and length of four feet. 41. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 42. A detailed wall and fencing plan shall be required for review and approval prior to construction. a. All walls visible to the public shall be constructed of stucco, slumpstone, sand, Spanish lace or smooth or flat finish stucco, or other decorative architectural materials approved by the Director of Community Development to match adjacent buildings. b. All theme walls are required to be coated with anti - graffiti paint. C. Fencing on slopes shall be tubular steel or wrought iron. d. Any tubular steel view fencing installed along public access trails shall be of industrial -grade material for safety purposes. Deleted: of e. Retaining walls may be limited in height to avoid a massive or imposing Deleted:. octo erza.zooa Planninq Commission Approval City Council Approval City Council Modificaiton October 7 2008 October 28, 2008 March 10, 2000 Page 1 q. of ._.____________________________ Agenda Item No. 9 Page 13 of 29 A project perimeter wall need not be constructed where slopes or open space areas limit its function to separate the center from sensitive receptors. However, particular attention shall be given to areas adjacent to residential uses where proximity or views require screening or buffer. Masonry walls shall be installed to separate parking lots and drive aisles from adjacent residential uses. PRIOR TO FINAL APPROVAL 43. 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 last certificates of occupancy. The bond shall cover ten percent (10 %) of the actual cost of labor, equipment and material as shown on the approved Cost Estimate. General Requirements: 44. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained in order that a cursory drainage and flow pattern inspection can be conducted before grading begins. 45. Prior to commencement of grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 46. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 47. Phasing Plan shall be approved by the City Engineer 48. An Encroachment Permit shall be obtained prior to any work on City right -of -way. Deleted: of '. Deleted:. October 28, 2008 Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28, 2008 March 10, 2009 Pare 11,of 24 Agenda Item No. 9 Page 14 of 29 view. An acceptable method of compliance is to have two or more wall systems separated by landscaping. 50. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 51. The applicant shall obtain any necessary County, City of Canyon Lake, and /or Canyon Lake POA permits for any work within their respective jurisdictions. 52. Arrangements for golf carts or trail access from Canyon Lake Property Owners' Association property to this project shall be the responsibility of the developer. The City of Lake Elsinore does not allow golf carts on City streets unless they are considered 'street legal' and both the cart and driver meet Department of Motor Vehicles requirements. 53. The applicant shall install permanent bench marks per Riverside County Standards on Greenwald Avenue and other locations to be determined by the City Engineer. 54. The applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards. 55. Provide fire protection facilities as required in writing by Riverside County Fire. 56. The applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 57. The ten -year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 58. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 59. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yz' x 11" Mylar) shall be submitted and approved by the Engineering Division before final inspection of public works improvements can be scheduled. Planning Commission Approval City Council Approval City Council Modifcaiton October 7, 2008 October 28, 2008 March 10, 2009 Page l `f2 3_________________. . Deleted: of Deleted:. October 28, 2008 Agenda Item No. 9 Page 15 of 29 49. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 61. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clearing and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services. However, the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 62. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 63. The applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate on -site drainage facilities including enlarging existing facilities and /or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on -site or off -site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and /or a permission to drain letter from the affected landowner. 64. The applicant shall comply with all NPDES requirements in effect, including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 65. Education guidelines and Best Management Practices (BMP) shall be provided to tenants of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for a lot of one acre or more) 66. The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for a lot of one acre or more) Deleted: of '. Deleted:. October 28, 2008 Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28, 2008 March 10, 2009 Page 18.of 241� Agenda Item No. 9 Page 16 of 29 60. Slope maintenance along right -of -ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City. 67. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into a storm drain system or local surface waters. 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. PLEASE NOTE: The discharge of pollutants into streets, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 68. Interior streets, road and trail easements, and drainage facilities within this project shall be privately maintained. A maintenance mechanism shall be approved by the City. 69. The developer shall construct the traffic improvements on Greenwald Avenue and the traffic circulation improvements onsite, as discussed in Section 7.0 of the Traffic Impact Analysis prepared for this project by Urban Crossroads and dated June 3, 2008. In addition the developer shall pay the fair share costs of the off -site improvements at the intersections of Greenwald and Scenic Crest Drive, and Greenwald and Summerhill Drive. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 70. The developer shall dedicate right -of -way and construct street improvements on Greenwald Avenue, along the property frontage, per City's General Plan (part- width improvements). The improvements include AC pavement, curb and gutter, sidewalk, offsite AC transitions, street lighting, and signing and striping, 28' transition lane with rolled curb and trail improvements to CLPOA property. The signing and striping plans shall be submitted separately from the street improvement plans. 71. The subdivider shall preserve existing access, slope, and /or utility easements and shall ensure that exercising easement rights within the project are achievable. 72. The developer shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. Del ° Deleted:. October 28, 2008 Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28, 2008 March 10, 2009 Puce 14 � af 24 _________________________ r Agenda Item No. 9 Page 17 of 29 73. The applicant shall submit traffic control plans for the required street improvements and plans for on -site signing /striping of the project. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. This includes Street Name Signs and No Parking Signs for streets within the project. 74. A Calif. Registered Civil Engineer shall prepare the street and traffic improvement plans. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 75. Dowling Street shall be improved per City Standards and shall be offered for dedication to the City. However, the City may not accept the dedication until such time when the City determines that it would be to the City's best interest to make Dowling Street a public street. 76. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 77. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 78. The applicant shall make an offer of dedication for all public streets and easements required by these conditions or as shown on the Map. All land so offered shall be free and clear of all liens and encumbrances and without cost to the City. 79. All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. Prior to Issuance of a Grading Permit: 80. The developer shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. The developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 81. A portion of the project is in the jurisdictional streambeds or wetlands. If necessary, Deleted: of ' . Deleted:. October 28, 2008 Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28 2008 March 10, 2009 Pa e14_of 24 -_ Agenda Item No. 9 Page 18 of 29 on APN 349 - 290.009. 82. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. 83. A multipurpose trail shall be provided on the existing easement at the easterly side of the project. In addition, the Developer shall comply with the following 84. Construction Project access and hauling route shall be submitted to and approved by the City Engineer. 85. The onsite driveway on Parcel 1, closest to Greenwald Avenue, may be considered for right -in /right -out access only including a landscaped median installed. The developer shall not oppose City mitigation for such access requirement at a time when the traffic condition is warranted. CC &Rs approved for this project shall contain this requirement. Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28, 2008 March 10, 2008 Paae lGo zg Deleted: The developer shall coordinate with the Canyon Lake Property Owners Association (CLPOA) in providing the improvements that connects the trail from the project to the CLPOA property . Deleted: of Deleted:. October 28, 2008 Agenda Item No. 9 Page 19 of 29 permits from Federal or State agencies shall be provided to the City. incorporated herein by this reference. and incorporated herein by this reference. 86. The developer shall provide temporary grading on the offsite portion of Dowling Street to make it accessible to the adjacent properties to the north. In accordance with the MSHCP, the applicant shall amend his approved LEAP document or submit a new LEAP application in compliance with MSHCP requirements for "covered activities." As an alternative the applicant shall redesign the terminus of Dowling Street and construct all improvements onsite to the satisfaction of the City. A cash bond in lieu of improvements is required for the ultimate improvements of the remaining unimproved portion of Dowling Street. 87. The developer shall provide soils, geology and seismic report including street design recommendations. The developer shall provide final soils report showing compliance with recommendations. 88. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 89. The applicant shall obtain all necessary off -site easements and /or permits for off - site grading and /or drainage acceptance from and to the adjacent property owners prior to grading permit issuance. 90. The applicant shall provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 91. The applicant shall provide the City with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 92. An approved WQMP plan shall be provided. Prior to Issuance of Building Permit 93. Unless other arrangements are approved by the City, all Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. Deleted: of Deleted:. October 28, 2008 Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28, 2008 March 10, 2009 Page 17 ,of 2 4, _ Agenda Item No. 9 Page 20 of 29 on APN 349 - 290 -009. 94. The developer shall submit a 'Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. The developer shall submit this letter prior to applying for a building permit. 95. No structures, landscaping, or equipment shall be located near the project entrances that compromise sight distance requirements. 96. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 97. The developer shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 98. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to and approved by the Engineering Division before final inspection of off -site improvements can be scheduled. 99. All easements (access, slope, drainage, utilities, etc.) that are granted to adjacent property owners, utilities and /or the City shall be completed and recorded prior to 1 S1 occupancy. 100. All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 101.AII signing and striping and traffic control devices shall be installed. This includes signing and striping onsite and on Greenwald Avenue. 102. The developer shall have completed all traffic improvements and paid his fair share contributions to off -site improvements as concluded in the Traffic Study (Urban Crossroads, June 3, 2008). 103. Water and sewer improvements shall be completed in accordance with Water Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28, 2008 March 10, 2009 Page 1$ of 24� _____________________________ . Deleted: of '. Deleted:. October 28, 2008 Agenda Item No. 9 Page 21 of 29 on APN 349 - 290 -009. District requirements. 104. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities outside of the public right -of -way. 105. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 106.The applicant shall submit as -built plans and shall be responsible for revising the Mylar plans. A digital copy of all completed public improvement plans shall be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance with this requirement. PARKS AND RECREATION DEPARTMENT - None. DEPARTMENT OF ADMINISTRATIVE SERVICES Participate in Public Safety and Maintenance Services CFD 107. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit or building permit (as applicable), the applicant shall participate in the Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. The applicant shall make a four thousand two hundred dollar ($4,200) non - refundable deposit to cover the cost of the legal process to participate in the CFD. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or danderson(a_)harris- assoc.com RIVERSIDE COUNTY FIRE DEPARTMENT With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and /or recognized fire protection standards: THESE CONDITIONS ARE FOR A SHELL BUILDING ONLY. 108. Shell building will receive a shell final only. No Certificate of Occupancy (human occupant and /or materials) will be issued until the building occupant has been identified with their occupancy classification and have been conditioned by Lake Planning Commission Approval City Council Approval City Council Modificaiton October 7, 2008 October 28, 2008 March 10, 2000 Pate 1 $ 012 3_______ Deleted: of ' . Deleted:. October 28, 2008 Agenda Item No. 9 Page 22 of 29 Elsinore Fire Services. Occupant or tenant identification is imperative for orderly and prompt processing. Upon identification of the occupant or tenant a Fire Protection Analysis report maybe required prior to establishing the requirements for the occupancy permit. Failure to provide a comprehensive data analysis and/ or technical information acceptable to the Fire Department may result in project delays. A complete commodity listing disclosing type, quantity, level of hazard and potential for "Reactivity' must be provided. The forgoing is necessary to properly classify the building(s). Failure to provide comprehensive data and /or high technical information, will result in project delay and requirement for a complete Fire Protection study for review. HAZARDOUS FIRE AREA 109. This project is located in the "Hazardous Fire Area" of Riverside County shown on a map on file with the Clerk of the Board of Supervisors. Any building constructed within this project shall comply with the special construction provision contained in the Riverside County Ordinance 787.3. ROOFING MATERIAL 110. All buildings shall be constructed with class B roofing materials as per the California Building Code. BLUE DOT REFELECTOR 111. Blue retro reflective pavement markers shall be mounted on private street, public streets And driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by Lake Elsinore Fire Services. MIN REQ FIRE FLOW 112. Minimum required fire flow shall be 2750 GPM for 2 hour duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Fire flow is based on type V -B construction per the 2007 CBC and building(s) having a fire sprinkler system. SUPER FIRE HYDRANT 113. The average spacing between Super fire hydrant(s) (6" x 4" x 2 '' /2 "x 2 '/2 ") shall not exceed 400 feet between hydrants and have a maximum distance of 225 feet Planning Commission Approval City Council Approval City Council Modificaiton October 7. 2008 October 28, 2008 March 10, 2009 Page 20 2 5 g------------ ------------ - -- --- . Deleted: of '. Deleted:. October 28, 2008 Agenda Item No. 9 Page 23 of 29 on APN 349- 290 -009. ON /OFF LOOPED HYDRANTS 114. A combination of on -site and off site super fire hydrants, on a looped system with the average spacing between Super fire hydrant (s) (6" x 4" x 2' /z" x 2' /z ") shall not exceed 400 feet between hydrants and have a maximum distance of 225 feet from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrants(s) in the system. TANK PERMITS 115. The applicant and /or developer shall be responsible for obtaining under /aboveground fuel, chemical and mixed liquid storage tank permit, from the Lake Elsinore Fire Services and Environmental Health Departments. Plans must be submitted for approval prior to installation. Aboveground fuel /mixed liquid tank(s) shall meet the following standards: Tank must be tested and labeled to UL2085 Protected Tank Standard or SwRI 93 -01. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A sample copy of the tank's label from an independent test laboratory must be included with your plans. RAPID ENTRY BOX 116. Rapid entry key storage box shall be installed outside of each building. Plans shall be submitted to the Lake Elsinore Fire Services for approval prior to installation. Applications are available form the Lake Elsinore Fire Prevention office in City Hall. WATER PLANS 117. The applicant or developer shall separately submit two copies of the water system plans to the Fire Department for review. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed /approved by a registered civil engineer and the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services." Planning Commission Approval City Council Approval City Council Modificatton October 7, 2008 October 28, 2008 March 10, 2009 Pace 21,os 24 -_ ' . Deleted: of Deleted:. October 28, 2008 Agenda Item No. 9 Page 24 of 29 from any point on the street or road frontage to a hydrant as measured along approved vehicular travel ways. BLDG PLAN CHECK 118. Building plan check deposit fee shall be paid by check or money order to the City of Lake Elsinore before plans have been approved by our office. WATER CERTIFICATION 119. The applicant or developer shall be responsible to submit written certification from the water company noting the location of the existing fire hydrant and that the existing water system is capable of delivering 2750 GPM fire flow for a 2 hour duration at 20 PSI residual operating pressure. If a water system currently does not exist, the applicant or developer shall be responsible to provide written certification that financial arrangements have been made to provide them. WATER PLANS 120. The applicants or developer shall separately submit two copies of the water system plans to the Fire Department for review and approval. Calculated velocities shall not exceed 100 feet per second. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed and approved by a registered civil engineer and the local Water Company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Lake Elsinore Fire Services" FIRE LANES 121. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. SPRINKLER SYSTEM 122. Install a complete fire sprinkler system per NFPA13 2002 edition (13D and 13R systems are not allowed) in all buildings requiring a fire flow of 1500 GPM or greater sprinkler system (s) with pipe size in excess of 4" inch diameter will require the project structural engineer to certify (wet signature) the stability of the building system for seismic and gravity loads to support the sprinkler system. All fire sprinkler risers shall be protected from any physical damage. The post Plannino Commission Approval City Council Approval City Council Modificaitan October 7, 2008 October 28 2008 March 10, 2009 Paae 24of 24�. Deleted: of Deleted:. October 28, 2008 Agenda Item No. 9 Page 25 of 29 indicator valve and fire department connection shall be located to the front, within 50 feet of a hydrant, and a minimum of 25 feet from the building(s). A statement that the building(s) will be automatically fire sprinklered must be included on the title page of the building plans. 123. The applicant or developer shall be responsible to install a L. Central Station Monitored Fire Alarm System. Monitoring System shall monitor the fire Sprinkler system(s) water flow, P.I.V.'s and all control valves. Plans must be submitted to the Fire Department for approval prior to installation. Contact Fire Department for guideline handout. EXTINGUISHERS 124. The developer shall install portable fire extinguishers with a minimum rating of 2A -106C and signage. Fire Extinguishers located in public areas shall be in a recessed cabinet mounted 48" (inches) to enter above the floor level with maximum 4" projection from the wall. Contact Fire Department for proper placement of equipment prior to installation. HOOD DUCTS 125. A U.L. 300 hood duct fire extinguishing system must be installed over cooking equipment. Wet chemical extinguishing system must provide automatic shutdown of all electrical components and outlets under the hood upon activation. System must be installed by a licensed C -16 contractor. Plans must be submitted with current fee to the Fire Department for review and approval prior to installation. Note: A dedicated alarm system is not required to be installed for the exclusive purpose of monitoring this suppression system. However, a new or pre- existing alarm system must be connected to the extinguishing system. ( "separate fire alarm must be submitted for connection) TITLE 19 126. The developer shall comply with Title 19 of the California Administrative Code. — None. Deleted: of Deleted:. October 28, 2008 Planning Commission Approval City Council Approval Citv Council Modificaiton October 7, 2008 October 28 2008 March 10, 2009 Page 2$of 24 -_ Agenda Item No. 9 Page 26 of 29 on APN 349 - 290 -009. (End of Conditions) Deleted: of Deleted:. October 28, 2008 Planning Commission Approval City Council Approval City Council Modificai[on October 7, 2008 October 28, 2008 March 10, 2009 Palle 242f 23__ ___________________._________.. Agenda Item No. 9 Page 27 of 29 PARCEL 4 RETAIL/ RESTAURANT DOWUNG ROAD PARCEL 3 MAJOR RETAIL LEGEND \ p NEW SIGN INSTALLATION -j NEW STREET SAFETY LIGHT CROSSWALK 12' INSIDE WIDTH ( Type A -10 Stripe NOTFS 7 6 Is * EXACT LOCAT /ON TO BE DETERMINED /)V THE FIELD L/YV //YLGR //Y(i q/�VC /GVVY CITY OF LAKE ELSINORE APPRpYFD BY PREPARED Or PURUO WORKS GREDMALD COMMERCIAL Aw- Cq1'O/G /R£EP DATE CROSS WALK I OF I 2 Page 28 of 29 nf. •r.WEV \t aC •• Agenda Item No. 9 Page 29 of 29 CODE TW7 Q_ r r ROSS - TRAFFIC F � AH A®- p A ALL DIMENSIONS ARE IN INCHES. W70 BORDER MARGIN LETTER SIZE. SERIES! STROKE WIDTH CON.. SLWFIx SIZE WIDTH WIDTH LINE. 1 LIME 2 LINE 3 LINE 1 LINE. 5. MO. -1.1 60x60 lk 7/8 SE- 1.60 6E -1- 60 BE -1.60 3-3/4 r W70 SIZE A e DBIENSIONS C O "Er F G H I J K i surnx -1.1 60x60 24 53� 3 5 39 42 13 -3✓16 Yell BACKGROUND WIT4 Black BORDER d SYMBOL REFLECTIVE BACKGROUND 3/8" DIA HOLES • Post holes through channel ♦IMOVED s sa 7 3- G nf. •r.WEV \t aC •• Agenda Item No. 9 Page 29 of 29