Loading...
HomeMy WebLinkAboutCity Council Item No. 9C ITY OF ih� LADE P LSIROIZE - % ` DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 24, 2009 SUBJECT: TENTATIVE TRACT MAP NO. 30495 PUBLIC HEARING Background The proposed Tentative Tract Map was considered by the City Council on February 24 of this year. The City Council expressed concerns with the proposed private streets and small lots within the subdivision. The item was continued to the March 24, 2009 meeting to resolve the identified concerns. Staff is continuing to work with the applicant to find solutions relating to the expressed concerns. The applicant is in agreement with the continuance. Recommendation Staff is requesting that this item be continued to the April 14, 2009 City Council Meeting. Prepared By: Kirt A. Coury, Project Planner Approved By: Robert A. BradW ] City Manager y / Agenda Item No. 9 Page 1 of 1 CITY OF LADE LSIROIZE DREAM EXTREMEn REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 24, 2009 SUBJECT: PUBLIC HEARING FOR INDUSTRIAL DESIGN REVIEW NO. 2008 -02 — PRECISE PLASTICS INDUSTRIAL Background The applicant is requesting approval of a 43,552 square foot warehouse /concrete tilt up industrial building on the 2.12 acre parcel of land located adjacent to Corydon Road. The project was presented to the City of Lake Elsinore Planning Commission on March 17, 2009 for review and consideration. Discussion Items for discussion at the Planning Commission meeting included site design, landscaping, right -of -way dedication and road improvements associated with the project. Ultimately, the Planning Commission expressed satisfaction with the proposed project and approved Conditional Use Permit No. 2009 -01, Variance No. 2009 -01 and voted unanimously to recommend that the City Council approve Industrial Design Review No. 2008 -02. Fiscal Impact Ultimately, the proposed project will have a positive fiscal impact to the existing industrial area and to the City, in that the project will generate increased sales tax revenue and will expand the availability of job opportunities within the City. Recommendation (1) Adopt Resolution No. 2009- adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan. (2) Adopt Resolution No. 2009- approving Industrial Design Review No. 2008 -02. Agenda Item No. 10 Page 1 of 47 Public Hearing Industrial Design Review No. 2008 -02 March 24, 2009 Page 2 of 2 Prepared by: Kirt A. Coury� Project Planner Approved by : Robert A. Brad City Manager Attachments: 1. Vicinity Map 2. City Council Resolution adopting findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan. 3. City Council Resolution approving Industrial Design Review No. 2008 -02 4. Final Conditions of Approval 5. Planning Commission Staff Report with Exhibits dated March 17, 2009 6. Full Sized Plans Agenda Item No. 10 Page 2 of 47 VICINITY MAP INDUSTRIAL DESIGN REVIEW NO. 2008 -02 CONDITIONAL USE PERMIT NO. 2009 -01 VARIANCE NO. 2009 -01 APN: 370- 080 -012 Agenda Item No. 10 Page 3 of 47 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW NO. 2008 -02 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, an application has been filed with the City of Lake Elsinore by Ron Harwood, Precise Plastics Products, for the design, construction and establishment of an industrial /warehouse building totaling 43,552 square feet on 2.12 acres of vacant land ( "the Project'), which will be located on the west side of Corydon Street between Cereal and Como Streets at APN 370 - 080 -120 (the "Site "); and WHEREAS, the City Council, of the City of Lake Elsinore, California, has been delegated with the responsibility of reviewing and making findings of consistency with the Western Riverside Multiple Species Habitat Conservation Plan; and WHEREAS, the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP ") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to the industrial design review is a discretionary action subject to the MSHCP; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQX) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), this project was reviewed and found consistent with the East Lake Specific Plan and Environmental Impact Report; and WHEREAS, the City Council has considered the recommendation of the Planning Commission following its consideration on March 17, 2009, as well as evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on March 24, 2009. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Agenda Item No. 10 Page 4 of 47 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 2 OF 5 Section 1. The City Council has considered the Project's consistency with the Multiple Species Habitat Conservation Plan prior to adopting Findings of Consistency with the MSHCP. Section 2. That in accordance with the MSHCP, the Planning City Council makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. The Property is located within a MSHCP criteria cell. As such, the Project has been processed through the LEAP and JPR, as well as reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. As stated above, the Property is located within a MSHCP criteria cell and therefore the Project was processed through the LEAP and JPR. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. According to the LEAP Analysis, no riverine /riparian resources or vernal pools were identified within or adjacent to the proposed Project Site. The Site is a parking area for Skylark (Lake Elsinore) Airport and has been and continues to be subject to regular disturbance by airplanes entering and leaving the site. Over the years, the Site has been covered repeatedly with fill and compacted material due to the use of airplane parking. Therefore, the Project Site is not conducive for the formation of vernal pools or other suitable fairy shrimp habitat. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. This area is subject to the requirements set forth in this Section of the MSHCP. However, the LEAP Analysis revealed that no suitable habitat is present on the proposed Project Site. The Site is a parking area for Skylark (Lake Elsinore) Airport and has been and continues to be subject to regular disturbance by airplanes entering and leaving the site. Over the years, the Site has been covered repeatedly with fill and compacted material due to the use of airplane parking. Therefore, the current conditions of the site would not allow for the colonization of plant species covered under this Section of the MSHCP. Agenda Item No. 10 Page 5 of 47 CITY COUNCIL RESOLUTION NO. 2009- PAGE 3 OF 5 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. However, no suitable habitat for burrowing owl or any of the Criteria Area Species is present on the proposed project site. No rodent holes or other debris attractive to the owl were observed during the site visit. The Site is a parking area for Skylark (Lake Elsinore) Airport and has been and continues to be subject to regular disturbance by airplanes entering and leaving the site. Over the years, the Site has been covered repeatedly with fill and compacted material due to the use of airplane parking. Therefore, the current conditions of the site would not allow for the colonization of any of the plant or animal species covered under this Section of the MSHCP. 6. The Project is consistent with the UrbanNVildlands Interface Guidelines. The site is substantially surrounded by development and is not located directly adjacent to any conservation areas, existing or proposed. As such, the Urban Wildlands Interface Guidelines are not applicable to the proposed Project. 7. The Project is consistent with the Vegetation Mapping requirements. No resources are present on the Project Site. As such, the vegetation mapping requirements are not applicable to the proposed project. 8. The Project is consistent with the Fuels Management Guidelines. The Site has been recently disturbed and other than a few trees, ornamental shrubs and grasses, there is no substantial vegetation remaining on the site. Further, the site is surrounded by development and is not located directly adjacent to any conservation areas, existing or proposed, for which the Fuels Management Guidelines would apply. As such, the Fuel Management Guidelines of the MSHCP do not apply to the proposed Project. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. Agenda Item No. 10 Page 6 of 47 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 4 OF 5 Section 3. Based upon all of the evidence presented, and the above findings, the City Council of the City of Lake Elsinore hereby adopts findings that the Project is consistent with the MSHCP Section 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 24 day of March, 2009 ROBERT E. MAGEE MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE Agenda Item No. 10 Page 7 of 47 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 5 OF 5 I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 24 day of February 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: G CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 10 Page 8 of 47 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2008 -02 WHEREAS, an application has been filed with the City of Lake Elsinore by Ron Harwood, Precise Plastics Products, to request a Design Review of Industrial Project No. 2008 -02 for a single -level industrial building totaling 43,552 square feet on 2.12 acres of vacant land ( "the Industrial Design Review "), which will be located at the west side of Corydon Street between Cereal and Como Streets at APN 370 - 080 -012 (the "Site "); and WHEREAS, the City Council, of the City of Lake Elsinore, California, has been delegated with the responsibility of reviewing and making decisions relating to Design Review of Industrial projects; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), this project was reviewed and found consistent with the East Lake Specific Plan and Environmental Impact Report; and WHEREAS, the City Council has considered the recommendation of the Planning Commission following its consideration on March 17, 2009, as well as evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 24, 2009; and NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as follows: Section 1. The City Council has considered the proposed request for Industrial Design Review No. 2008 -02 prior to making a decision. The City Council finds and determines that the Industrial Design Review request is consistent with the Lake Elsinore Municipal Code and the East Lake Specific Plan. Section 2. The City Council hereby finds and determines that the Project is found consistent with the East Lake Specific Plan and Environmental Impact Report pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.). Section 3. That in accordance with Section 17.82 (Design Review) of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Industrial Design Review No. 2008 -02. 1. The project, as approved, will comply with the goals and objectives of the General Plan, the East Lake Specific Plan, and the Zoning District in which the project is located. Agenda Item No. 10 Page 9 of 47 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 2 OF 4 The proposed Industrial Design Review located at APN: 370 - 080 -120 complies with the goals and objectives of the General Plan, and the East Lake Specific Plan Airport Use Area designation. Approval of this industrial warehouse building will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN: 370 - 080 -120 is appropriate to the site and surrounding developments in that the proposed industrial warehouse building has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA') and the CEQA Guidelines (14 C. C.R. §§ 15000 et seq.), this project has been reviewed and found consistent with the East Lake Specific Plan and Environmental Impact Report. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed Industrial Design Review located on the west side of Corydon Street between Cereal and Como Streets, has been scheduled for review and consideration by the Planning Commission and City Council ultimately. Agenda Item No. 10 Page 10 of 47 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 3 OF 4 Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Industrial Design Review, the City Council hereby approves Industrial Design Review No. 2008 -02. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 24 day of March, 2009 ROBERT E. MAGEE MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE Agenda Item No. 10 Page 11 of 47 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 4 OF 4 I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 24` day of February 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 10 Page 12 of 47 CONDITIONS OF APPROVAL VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 INDUSTRIAL DESIGN REVIEW NO. 2008 -02 LOCATED AT ASSESSOR PARCEL NUMBER 370 - 080 -012 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the environmental documentation, Variance No. 2009 -01, Conditional Use Permit No. 2009 -01, or Industrial Design Review No. 2008 -02. PLANNING DIVISION 2. Design review approval for Industrial Project No. 2008 -02 will lapse and be void unless building permits are issued within two (2) years. 3. All conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 5. Structures shall be placed on -site as depicted on the site plan and /or as modified by the Community Development Director or designee. 6. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 7. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 9. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `C' loading zones (12'x 55'). 10. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Agenda Item No. 10 Page 13 of 47 CONDITIONS OF APPROVAL PAGE 2 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 Code. Any modification to these conditions of approval shall be reviewed and approved by the Planning Commission and /or City Council, as appropriate. 11. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 12.All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. 13.All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 14.All building signage shall comply with the East Lake Specific Plan and Chapter 17.94 (Signs — Advertising Structures) of the Lake Elsinore Municipal Code (LEMC). 15.All drive aisles and loading areas shall be kept and maintained free and clear of any materials /merchandise so as not to obstruct on -site circulation and deliveries. 16. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 17. Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 18.Applicant shall meet ADA (Americans with Disabilities Act) requirements. 19. No exterior roof ladders shall be permitted. 20.All service and loading doors shall be painted to match the building. 21.0n -site surface drainage shall not cross sidewalks. PRIOR TO BUILDING /GRADING PERMITS 22. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 23.Three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Agenda Item No. 10 Page 14 of 47 CONDITIONS OF APPROVAL PAGE 3 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty- four -inch (24 ") box in size. c. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan 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 tolerant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. Agenda Item No. 10 Page 15 of 47 CONDITIONS OF APPROVAL PAGE 4 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 24.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 25.The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 26. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 27. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 28. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 29.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 30.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) 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 installed prior to the issuance of a grading permit. ENGINEERING DIVISION 31.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 so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 32. Prior to commencement of grading operations, applicant to provide to the City with 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. 33.AII 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. 34. Phasing Plan shall be approved by the City Engineer. 35. An Encroachment Permit shall be obtained prior to any work on City right -of -way Agenda Item No. 10 Page 16 of 47 CONDITIONS OF APPROVAL PAGE 5 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 36.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. 37. 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. 38.Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right -of -way. 39.The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer. 40.The applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards. 41. Provide fire protection facilities as required in writing by Riverside County Fire. 42.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 43.10 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 are exceeded, drainage facilities shall be provided. 44.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 45.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 46.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. 47.All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear 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, but 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 Agenda Item No. 10 Page 17 of 47 CONDITIONS OF APPROVAL PAGE 6 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 48.On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 49.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. 50. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 51.Applicant shall comply with all NPDES requirements in effect; including the submittal of Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 52. Education guidelines and Best Management Practices (BMP) shall be provided to residents 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 met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 53.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 54. 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 prohibi t the discharge of waste into 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 street, 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. 55. Dedicate right -of -way and construct street improvements (part-width improvements) on Corydon Street, along the property frontage, such that the centerline to property line is 50 feet and centerline to curb face is 40 feet. The improvements include ac pavement, curb and gutter, sidewalk, street lighting, and signing and striping. Adequate ac transition beyond the southerly project limits shall be provided. In addition, adequate drainage protection shall be provided at the end of the transition area. Agenda Item No. 10 Page 18 of 47 CONDITIONS OF APPROVAL PAGE 7 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 56. The developer shall provide cash in -lieu of improvements (half- width) for the proposed raised median on Corydon Street. 57. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 58. Applicant shall submit signing and striping plans and traffic control plans for the required street improvements for the project and for onsite improvements. All signing and striping and traffic control devices shall be installed prior to occupancy. 59.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). Prior to Issuance of a Grading Permit 60.Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 61.A portion of the proposed project may affect "wetlands" or "jurisdictional streambeds ", therefore, a copy of permit approvals from respective Federal or State agencies shall be provided to the City. 62.An approved Drainage Study shall be provided. 63.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. 64. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 65. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 66.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 67.The applicant shall obtain all necessary off -site easements and /or permits for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. Agenda Item No. 10 Page 19 of 47 CONDITIONS OF APPROVAL PAGE 8 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 68.Applicant to 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. 69.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. 70.An approved WQMP plan shall be provided. Prior to Issuance of Building Permit 71.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. 72. 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. Submit this letter prior to applying for a building permit. 73. No structures, landscaping, or equipment shall be located near the project entrances that compromise sight distance requirements. 74.Applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 75.Applicant 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. 76.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 77.AII public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. Agenda Item No. 10 Page 20 of 47 CONDITIONS OF APPROVAL PAGE 9 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 78.AII required easements, dedications, or vacation as conditions of this development shall be completed and recorded. 79.AII signing and striping and traffic control devices onsite and on Corydon Street shall be installed. 80. Water and sewer improvements shall be completed in accordance with Water District requirements. 81. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities, outside the public right -of -way. 82. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 83.The applicant shall pay cash in -lieu of the median improvements on Corydon Street. The cost shall be based on an estimate approved by the City Engineer. 84.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 also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. COMMUNITY SERVICES DEPARTMENT 85. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. 86. Developer shall participate in the City -wide Landscape and Lighting Maintenance District. 87. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 88.The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. ELSINORE VALLEY MUNICIPAL WATER DISTRICT Agenda Item No. 10 Page 21 of 47 CONDITIONS OF APPROVAL PAGE 10 OF 10 VARIANCE NO. 2009 -01 CONDITIONAL USE PERMIT NO. 2009 -01 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -02 89. The applicant shall request a "will serve" letter from the Elsinore Valley Municipal Water District. Submit the "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. Submit this letter prior to issuance of a building permit. Agenda Item No. 10 Page 22 of 47