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.
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7. The applicant shall comply with the Mitigation Monitoring &Reporting Program Deleted;. October 2s, zoos
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Agenda Item No. 9
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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.
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Agenda Item No. 9
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(MMRP) adopted for this project.
2) Jnstall_a traffic signal_at the intersection of S_ ummerhil_I Drive and_ .
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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
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Agenda Item No. 9
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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
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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.
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Agenda Item No. 9
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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.
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Agenda Item No. 9
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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
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Agenda Item No. 9
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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.
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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
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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.
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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
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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.
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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
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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
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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
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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
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Page 28 of 29
nf. •r.WEV \t aC ••
Agenda Item No. 9
Page 29 of 29
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Agenda Item No. 9
Page 29 of 29