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Item No. 1
CITY OF LADE LSINORE DREAM EXTREME- REPORT TO THE PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: APRIL 20, 2010 SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 2008 -09, TENTATIVE PARCEL MAP NO. 35819, AND INDUSTRIAL DESIGN REVIEW NO. 2008 -01, FOR COLLIER AVENUE AUTOMOTIVE CENTER APPLICANT/ CARL JOHNSON, LAKE ELSINORE 1, L.P., 512 CHANEY OWNER: STREET, LAKE ELSINORE, CA 92530 Project Request The applicant is requesting approval of Tentative Parcel Map No. 35819 and Industrial Design Review No. 2008 -01 to construct five (5) new concrete tilt up industrial buildings for a total building area of 67,100 square feet on 7.51 acres of land. Review is pursuant to the applicable Chapters of the Lake Elsinore Municipal Code (LEMC). Project Location The 7.51 -acre project Site is located on the north side of Collier Avenue east of Riverside Drive (Exhibit `A'). Environmental Setting PC April 20, 2010 Item No. 1 Page 1 of 50 The Site is bounded on the north by the 1 -15 Freeway, on the south by Collier Avenue, on the east by existing storage buildings and to the west by Lake Elsinore Outlet Mall. MITIGATED NEGATIVE DECLARATION NO. 2008 -09, TENTATIVE PARCEL MAP NO. 35819 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -01 APRIL 20, 2010 PAGE 2OF5 East Storage Buildings M -2 (General Manufacturing FB (Freeway Business) West Commercial Shopping Center C -1 (Neighborhood Commercial) Specific Plan (Outlet Center) Proiect Description Tentative Parcel Map No. 35819 The applicant is requesting approval of Tentative Parcel Map 35819, pursuant to Title 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), Chapter 17.136 (M -1, Limited Manufacturing) of the LEMC and Section(s) 66424 and 66426 of the California Subdivision Map Act. The Tentative Parcel Map proposes to create a six (6) lot parcel map for the industrial complex, known as the "Collier Avenue Automotive Center ". Generally, a tract map is required for all subdivisions creating five or more parcels. However, the Section 66426(c) of the Subdivision Map Act provides an exception for a subdivision of land that consists of a parcel of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial development, and which has the approval of the governing body as to street alignments and widths. When an exception to the tract map rule applies, the Subdivision Map Act permits the subdivider to instead follow the parcel map procedures. Here, because the subdivider proposes to divide the Site into six (6) parcels, a tract map would ordinarily be required. However, because the Site is designated for industrial uses pursuant to the Lake Elsinore General Plan and Zoning map, because the Site has approved access, and because the Site affronts streets with approved alignments and widths, the project qualifies for the exception to the tract map rule. Consequently, this subdivision can be effectuated by way of the parcel map process. PC April 20, 2010 Item No. 1 Page 2 of 50 Additionally, since the buildings will be located on separate legal lots as defined by the proposed Tentative Parcel Map, a Recorded Reciprocal Access and Parking Agreement will be required in order to allow for "shared parking" as well as ingress /egress from one parcel to another. The following is a compilation of the lots and their relative size: MITIGATED NEGATIVE DECLARATION NO. 2008 -09, TENTATIVE PARCEL MAP NO. 35819 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -01 APRIL 20, 2010 PAGE 3 OF 5 Industrial Design Review No. 2009 -02 Site Plan The applicant is proposing to construct five (5) concrete (tilt -up) buildings totaling 67,100 square feet. The total land area is 7.51 acres. The buildings will occupy approximately twenty one percent (21 %) of the total Site area which complies with the M -1 Limited Manufacturing development standards and the Freeway Business land use density range. Circulation and Parkinq Space Layout Main access to the Site will be taken from the driveway approach proposed along Collier Avenue. Additional access will be provided by two (2) driveways along El Toro Road. One hundred and fifty (150) parking spaces are required. Two hundred and three (203) parking spaces will be provided, including seven (7) handicap spaces. Loading spaces are identified along the north and east facing elevations of the proposed buildings. Landscaping The applicant is proposing to provide landscaping on twenty percent (20 %) of the project Site. This exceeds the minimum landscaping coverage requirement of twelve percent (12 %) per the Lake Elsinore Municipal Code. A minimum of five percent (5 %) of the landscaping will be located within the parking and driveway areas per Section 17.148.100.D of the LEMC. Architecture /Colors and Materials The applicant is proposing to construct five (5) pre -cast concrete (tilt -up) buildings ranging in size from 5,000 square feet to 18,000 square feet, for a total building area of 39,445 square feet. Each building will have a standard entrance door, and a twelve foot (12') roll -up door. Standard sized loading spaces (Type A — 12' x 20' and Type B — 12' x 40') designated for loading purposes only will be provided for each unit. The applicant is proposing to construct rectangular shaped buildings, typical of the neighboring industrial complexes. Each building will incorporate a pop -out tower element for visual relief and shadowing. The pop -out tower element will be a darker color to contrast against the background of the remaining building. In addition, the pop - out towers will include a slate tile wainscot finish with an architectural element cap. All buildings will incorporate a light bronze glass to add architectural interest. PC April 20, 2010 Item No. 1 Page 3 of 50 MITIGATED NEGATIVE DECLARATION NO. 2008 -09, TENTATIVE PARCEL MAP NO. 35819 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -01 APRIL 20, 2010 PAGE 4 OF 5 The roof line of the pop -out tower element is two and a half feet higher than the main building roof line, and is capped with a cornice treatment, providing more articulation to an otherwise straight or flat roof line. Building Location Building Walls Accent Bands Slate Glass Material Concrete Panels Concrete Panels Tile Glass "Very Light Tan" "Off White" "Light Tan & Light Brown" "Medium Tan & Medium Brown" Tan and Rust Mixture Light Bronze (Glazing) Analysis Staff understands that the generation of employment opportunities is a high priority of the City, and that this industrial complex has the potential of creating the need for additional employment. The proposed industrial complex has been found in conformance with all applicable development standards of the M -1 (Limited Manufacturing) Zoning District. In addition, the project has been designed with enhanced architectural characteristics such as raised parapets, varying color treatments and materials, and wall breaks to create interesting building elevations. Staff feels that the proposed project will compliment the existing development in the surrounding area. Environmental Determination Mitigated Negative Declaration No. 2008 -09 has been prepared pursuant to Article 6, Section 15070 of CEQA. Pursuant to Section 15073 of CEQA, the intended Mitigated Negative Declaration was submitted to the State Clearinghouse on December 10, 2008. The 30 -day public review and comment period began on December 8, 2009 and closed on January 8, 2010. During the public comment period, comments on the MND were received from the Riverside County Habitat Conservation Authority, the Riverside County Flood Control and Water Conservation District, Soboba Band of Luiseno Indians, Pala Band of Mission Indians, the Morongo Band of Indians and the Pechanga Band of Luiseno Indians. Comments received from the identified Tribal organizations primarily focused on the need for Tribal monitoring, appropriate steps to implement should human remains be accidentally uncovered. The City's standard practice is to include mitigation to address Tribal concerns. As such, all required mitigation has already been included as part of the proposed project's mitigation. PC April 20, 2010 Item No. 1 Page 4 of 50 MITIGATED NEGATIVE DECLARATION NO. 2008 -09, TENTATIVE PARCEL MAP NO. 35819 AND INDUSTRIAL DESIGN REVIEW NO. 2008 -01 APRIL 20, 2010 PAGE 5 OF 5 Recommendation • Approve Resolution No. 2010 -_ recommending to the City Council approval to adopt findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP), • Approve Resolution No. 2010 -_ recommending to the City Council approval of Mitigated Negative Declaration No. 2008 -09, • Approve Resolution No. 2010 -_ recommending to the City Council approval of Tentative Parcel Map No. 35819, • Approve Resolution No. 2010 - recommending to the City Council approval of Industrial Design Review No. 2008 -01. This recommendation is based on the Findings, Exhibits, and attached Conditions of Approval. Prepared by: Kirt A. Coury K C ` Project Planner Approved by : Robert A. Brady, City Manager F Attachments 1. Vicinity Map 2. Resolution No. 2010 -_ recommending that the City Council make findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 3. Resolution No. 2010 - recommending that the City Council approve Mitigated Negative Declaration No. 2008 -09. 4. Resolution No. 2010 - recommending that the City Council approve Tentative Parcel Map No. 35819. 5. Resolution No. 2010 - — recommending that the City Council approve Industrial Design Review No. 2008 -01. 6. Conditions of Approval 7. Signed Acknowledgement of "Draft" Conditions of Approval Form 8. Exhibits: Tentative Parcel Map No. 35819 Site Plan Floor Plans Building Elevations Full Size Plans Mitigated Negative Declaration No. 2008 -09 Colored Site Plan (presented at hearing) Colored Building Elevations (presented at hearing) Color and Materials Board (presented at hearing) PC April 20, 2010 Item No. 1 Page 5 of 50 VICINITY MAP MITIGATED NEGATIVE DECLARATION NO. 2008 -09 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 TENTATIVE PARCEL MAP NO. 35819 PROJECT SITE F T �O 4� PC April 20, 2010 Item No. 1 Page 6 of 50 RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS THAT THE PROJECT KNOWN AS INDUSTRIAL PROJECT NO. 2008 -01 IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN WHEREAS, an application has been filed with the City of Lake Elsinore by Carl Johnson, Lake Elsinore 1, L.P., for the design, construction and establishment of five (5) industrial /warehouse buildings totaling 67,100 square feet on 7.51 acres of vacant land ( "the Project "), which will be located on the north side of Collier Avenue east of Riverside Drive (the "Site "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is within an MSHCP criteria cell of the Elsinore Area Plan, and therefore, the Project was processed through a LEAP and JPR as well as reviewed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning consistency with the MSHCP prior to Findings of Consistency with the MSHCP Commission has considered the Project's recommending that the City Council adopt PC April 20, 2010 Item No. 1 Page 7 of 50 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 2 OF 5 SECTION 2. That in accordance with the MSHCP, the Planning Commission 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 Biological Resources Report completed by LSA Associates, dated November 12, 2008, identified that 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. According to the Biological Resources Report completed by LSA Associates, dated November 12, 2008, the Project is not located in a Narrow Endemic Plant Species Survey Area ( NEPSSA). A small portion (less than % acre) of the extreme southwest corner of the project site is located within a Criteria Area Species Survey Area ( CASSA). However, due to the level of disturbance on site and the absence of suitable soils (clay or alkaline soils), no focused surveys for NEPSSA or CASSA species are required. PC April 20, 2010 Item No. 1 Page 8 of 50 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 3 OF 5 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is not located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. Further, no suitable habitat for burrowing owl or any of the Criteria Area Species is present on the proposed project site. Soils are compacted, portions of the site are developed, and the site is located in a growing commercial area of the City. Currently, the project site does not support suitable habitat (small mammal burrows) or man -made structures (i.e., concrete or refuse debris piles) for the burrowing owl. 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 Urban/Wildlands 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. 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. PC April 20, 2010 Item No. 1 Page 9 of 50 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 4 OF 5 SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore adopt 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 this 20 day of April 2010, by the following vote: Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC April 20, 2010 Item No. 1 Page 10 of 50 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20 day of April 2010, and that the same was adopted by the following vote: /e\'1 =5 NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC April 20, 2010 Item No. 1 Page 11 of 50 RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2008 -09 FOR THE COLLIER AUTOMOTIVE PROJECT WHEREAS, Carl Johnson, Lake Elsinore 1 L.P. ( "Developer ") filed an application with the City of Lake Elsinore requesting approval of the subdivision, design, construction and establishment of six (6) industrial /warehouse buildings totaling 67,100 square feet on 7.51 acres of vacant land ( "the Project'), which will be located at the north side of Collier Avenue, west of Riverside Drive (the "Site "); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA") and the State Implementation Guidelines for CEQA (14 California Code of Regulations §§ 15000, et seq.: " CEQA Guidelines ") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code § 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to prepare and circulate Mitigated Negative Declaration No. 2008 -09 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, pursuant to CEQA Guidelines section 15072, on December 8, 2009, the City duly issued a Notice of Intent to Adopt the Mitigated Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines section 15073, the Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on December 8, 2009, and ending on January 8, 2010; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council regarding mitigated negative declarations; and WHEREAS, public notice of the Project and the Mitigated Negative Declaration have been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 20, 2010. PC April 20, 2010 Item No. 1 Page 12 of 50 PLANNING COMMISION RESOLUTION 2009 -04 PAGE 2 OF 4 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration. Written responses to comments received on the Mitigated Negative Declaration during the public comment period were prepared and circulated. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby recommends to the City Council that the Mitigated Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 4. The Planning Commission further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Mitigated Negative Declaration are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. SECTION 5. The Planning Commission hereby makes, adopts, and incorporates the following findings regarding the Mitigated Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to the less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced to less than significant levels. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have significant effect on the environment. PC April 20, 2010 Item No. 1 Page 13 of 50 PLANNING COMMISION RESOLUTION 2009 -04 PAGE 3 OF 4 Pursuant to the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Tentative Parcel Map No. 35819 and Industrial Design Review No. 2008 -01, the Planning Commission hereby recommends that the City Council approve Mitigated Negative Declaration No. 2008 -09 SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 20th day of April 2010. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC April 20, 2010 Item No. 1 Page 14 of 50 PLANNING COMMISION RESOLUTION 2009 -04 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20 day of April 2010, and that the same was adopted by the following vote: AYES: IM Is] *5 ABSENT: ABSTAIN: Robert A. Brady City Manager PC April 20, 2010 Item No. 1 Page 15 of 50 RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVE TENTATIVE PARCEL MAP NO. 35819 WHEREAS, Carl Johnson, Lake Elsinore 1 L.P. (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 35819 for the subdivision, design, construction and establishment of six (6) industrial /warehouse buildings totaling 67,100 square feet on 7.51 acres of vacant land ( "the Project "), which will be located at the north side of Collier Avenue, west of Riverside Drive (the "Site "); and WHEREAS, the City of Lake Elsinore General Plan and Zoning Maps designate the Site for limited industrial and freeway business uses; and WHEREAS, the Site has approved access from Collier Avenue and El Toro Road, which streets' alignments and widths have been approved by the City Council as part of the General Plan Circulation Element; and WHEREAS, pursuant to California Government Code sections 66426(c) and 66426(f) it is appropriate for the proposed subdivision to be effectuated by way of a parcel map in lieu of a tract map; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding subdivision; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 20, 2010. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Tentative Parcel Map No. 35819 prior to recommending approval to the City Council. The Planning Commission finds and determines that the Tentative Parcel Map request is consistent with Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that Mitigated Negative Declaration No. 2008 -09 for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and finds PC April 20, 2010 Item No. 1 Page 16 of 50 PLANNING COMMISSION RESOLUTION 2010 - PAGE 2 OF 4 that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 3. That in accordance with the Subdivision Map Act and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings in support of its recommendation to the City Council for approval of Tentative Parcel Map 35819: 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The Lake Elsinore General Plan designates the Site as FB (Freeway Business) and the Zoning Map designates the Site as M -1 (Limited Manufacturing). Tentative Parcel Map 35819 appropriately subdivides the Site into six (6) parcels. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impacts. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Tentative Parcel Map, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map No. 35819. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20 day of April 2010, by the following vote: PC April 20, 2010 Item No. 1 Page 17 of 50 PLANNING COMMISSION RESOLUTION 2010- PAGE 3 OF 4 Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC April 20, 2010 Item No. 1 Page 18 of 50 PLANNING COMMISSION RESOLUTION 2010 - PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20 day of April 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC April 20, 2010 Item No. 1 Page 19 of 50 RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. 2008 -01 WHEREAS, Carl Johnson, Lake Elsinore 1 L.P. ( "Developer ") filed an application with the City of Lake Elsinore requesting approval of the subdivision, design, construction and establishment of six (6) industrial /warehouse buildings totaling 67,100 square feet on 7.51 acres of vacant land ( "the Project "), which will be located at the north side of Collier Avenue, west of Riverside Drive (the "Site "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council for Design Review of industrial projects; and WHEREAS, public notice of the Industrial Design Review has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 20, 2010. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed request for Industrial Design Review No. 2008 -01 prior to recommending approval to the City Council. The Planning Commission finds and determines that the Industrial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that Mitigated Negative Declaration No. 2008 -09 for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 3. That in accordance with Section 17.82 (Design Review) of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Industrial Design Review No. 2008 -01: 1. The project, as approved, will comply with the goals and objectives of the General Plan, and the Zoning District in which the project is located. The proposed Project comp lies with the goals and objectives of the General Plan, and the Zoning District in which the project is located in that the approval of this industrial warehouse buildings will assist in achieving the development of a well- PC April 20, 2010 Item No. 1 Page 20 of 50 PLANNING COMMISSION RESOLUTION 2010 - PAGE 2 OF 4 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 Project is appropriate to the site and surrounding developments in that the proposed industrial warehouse buildings have 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. The proposed Project, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, 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 17.184.070 of the Lake Elsinore Municipal Code, the proposed Industrial Design Review located on the north side of Collier Avenue, west of Riverside Drive, has been scheduled for review and consideration by the Planning Commission. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Industrial Design Review, the Planning Commission hereby recommends that the City Council approve Industrial Design Review No. 2008 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 20 1h day of April 2010, by the following vote: PC April 20, 2010 Item No. 1 Page 21 of 50 PLANNING COMMISSION RESOLUTION 2010 - PAGE 3 OF 4 Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Robert A. Brady City Manager PC April 20, 2010 Item No. 1 Page 22 of 50 PLANNING COMMISSION RESOLUTION 2010 - PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, ROBERT A. BRADY, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20 day of April 2010, and that the same was adopted by the following vote: AYES: NOES: r_I Rya,1rI ABSTAIN: Robert A. Brady City Manager PC April 20, 2010 Item No. 1 Page 23 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 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 Mitigated Negative Declaration No. 2008 -09, Tentative Parcel Map No. 35189, or Industrial Design Review No. 2008 -01. 2. The applicant shall comply with those mitigation measures identified in Mitigated Negative Declaration No. 2008 -09 prepared for the project requested herein. 3. The applicant shall pay the applicable Notice of Determination fees pertaining to Mitigated Negative Declaration No. 2008 -09 prior to issuance of a building permit. PLANNING DIVISION Tentative Parcel Map No. 35189 4. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time the CC &R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 5. The Tentative Parcel Map 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. 6. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 7. Prior to issuance of a grading permit, the applicant shall prepare and record CC &R's against the industrial complex requested herein. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC &R's shall established methods to address design improvements. PC April 20, 2010 Item No. 1 Page 24 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 2 OF 12 8. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. Industrial Design Review No. 2008 -01 9. Design review approval for Industrial Project No. 2008 -01 will lapse and be void unless building permits are issued within two (2) years. 10. 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. 11. 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. 12. Structures shall be placed on -site as depicted on the site plan and /or as modified by the Community Development Director or designee. 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 14. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 15.AII 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. 16.AII loading zones shall be clearly marked with yellow striping and shall meet City Standards. 17. 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 Code. Any modification to these conditions of approval shall be reviewed and approved by the Planning Commission and /or City Council, as appropriate. 18. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. PC April 20, 2010 Item No. 1 Page 25 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 3 OF 12 19.AII 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. 20.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. 21.The applicant shall submit a Uniform Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 22.AII 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. 23. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 24. Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 25. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 26. No exterior roof ladders shall be permitted. 27.AII service and loading doors shall be painted to match the building. 28. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING /GRADING PERMITS 29. 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. 30.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 Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. PC April 20, 2010 Item No. 1 Page 26 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 4 OF 12 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. 31.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. PC April 20, 2010 Item No. 1 Page 27 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 5 OF 12 32.The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 33. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 34. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 35. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 36.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 37.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. GENERAL 38.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 39. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 40.All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer. 41.All storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system; the working and stencil shall be approved by the City Engineer. 42.All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. PC April 20, 2010 Item No. 1 Page 28 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 6 OF 12 43.AII Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 44.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and /or out on the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities (12 KV or lower) shall be undergrounded. Temporary power shall be installed per the requirements of Building Official. All power lines (temporary or permanent) shall comply with CALTRANS standards for vehicle clearance. 45.The applicant shall preserve or install blue dot markers in the roadway at a right angle to any Fire Hydrant installation required by the Fire Department per Riverside County Standards. 46. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. FEES: 47.The applicant shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: • Stephens Kangaroo Habitat Fee (K -Rat) • Traffic Infrastructure Fee (TIF): • Transportation Uniform Mitigation Fee (TUMF): • Drainage Fee: $0 (Lake Management Area NOTE: Fees will be assessed at the prevalent rate at time of payment in full. FLOOD PLAIN: 48.The lowest floor is required to be 1 -foot above the base flood elevation as defined by FEMA. STORM WATER MANAGEMENT / POLLUTION PREVENTION 49. The applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants prior to entering into outside street drainage facilities (MS4's). 50. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. The PC April 20, 2010 Item No. 1 Page 29 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 7 OF 12 Applicant, at their expense, agrees to implement site design changes and /or revisions resulting from the review for approval of the WQMP, processing the changes and /or revisions through the appropriate City Departments for approval prior to implementation. 51.The applicant shall incorporate into the project plans combination of Site Design BMPs, Source control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern identified for the project, as required by NPDES requirements for industrial and commercial projects within the San Jacinto, and Santa Ana River Watersheds. These new requirements are for on -site Water Quality Management Plans (WQMP's). On -site system(s) to remove pollutants of concern from your site must be in place to filter runoffs prior to entering any city storm drain facility. 52.The site design techniques in the WQMP shall achieve post development runoff flow rates, velocities, duration and volume from a 2 year and 10 year 24 hour rainfall event to prevent significant increases in downstream erosion compared to the pre - development condition and prevents significant adverse impacts to stream habitat. The WQMP shall provide measures to minimize the impact from the pollutants of concern and hydrologic conditions of concern identified for the project. Where the pollutants of concern include pollutants that are listed as causing or contributing to impairments of receiving waters, BMPs must be selected so that the project does not cause or contribute to exceed water quality objectives. The WQMP shall provide information regarding design considerations, and the long -term operation and maintenance requirements for BMPs requiring long -term maintenance as well as the mechanism for funding the long -term operation and maintenance of the BMPs. 53.DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices (BMPs) shall be posted to inform users of this development of environmental awareness and good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMPs in Supplement "A" of the Riverside County NPDES Drainage Area Management Plan (Required for lots of one acre or more or lots that are part of a larger common plan (ex. shopping center infill lot). Install NPDES approved stabilized entrance onsite to prevent tracking of material onto Diamond Drive and Mission Trail. PLEASE NOTE: the discharge of pollutants into street, gutters, storm drain system, or waterways — without Regional Water Quality Control Board permit or waiver — is strictly prohibited by local ordinances and state and federal law. IMPROVEMENTS: 54.The applicant shall process through the City Engineering Division for plan check, approval and recordation a dedication to the City right -of -way along Collier Avenue adjacent to the property frontage total right -of -way of 50' as measured from the centerline to the project property line on Collier Avenue PC April 20, 2010 Item No. 1 Page 30 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 8 OF 12 55. Dedicate portion of the right -of -way within the project site consistent with the project site plan approved by the Planning Commission. The subject right -of -way is located adjacent to the northern property owner and shall serve as a future access to Collier Avenue. 56. The applicant shall process an exchange of property with the City. The exchange will require an appraisal for both the property being dedicated to the City as well as the property being relinquished by the City. The property exchange in question is located at the north east corner of the property adjacent to Interstate 15, strip of drainage easement along the eastern border of the property and the future access along the northern property. 57. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. 58.An encroachment permit is required for all work to be done in the public right -of -way. Applicant shall submit the permit application, required fees and documents prior to issuance. 59.Applicant shall construct street improvements to City Standard. New street improvements shall match or transition to existing improvements along the southern property boundary. 60.AII existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 61. All public improvements shall comply with ADA standards. 62. Provide public- street lighting, consistent with City Standards. 63. Full left and right ingress and egress shall be justified by sight distance, intersection spacing from Riverside Drive and alignment with the existing driveway across Collier Avenue. The applicant's analysis shall be reviewed and approved by the Engineering Division. 64.A California Registered Civil Engineer shall prepare the improvement plans required for this project. Improvements shall be designed and constructed to Riverside County Road Department Standards latest edition, and City Codes (LEMC 12.04 and 16.34) PC April 20, 2010 Item No. 1 Page 31 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 9 OF 12 PRIOR TO GRADING PERMIT 65.A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and /or movement of soil (grading) on the site. The plan shall include separate sheets for: Grading, Erosion control Haul route(s) to be used for movement of import or export material. Traffic control. 66. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and Lake Elsinore Design Manual (available at www.lake- elsinore.oro 67.All grading plan contours shall extend to minimum of 25 feet beyond property lines to indicate existing drainage pattern. 68. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or topography shall be approved by the City Engineer. 69.The applicant shall apply for, obtain and submit to the City's Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 70.All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 71.A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and /or subsidence zones present on -site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. 72.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. 73.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. PC April 20, 2010 Item No. 1 Page 32 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 10 OF 12 74.A preconstruction meeting with the City Public Works / Engineering Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 75. Export and import source sites for material being removed or brought into the project site shall have an active grading permit. 76.Applicant shall provide the city with a copy of the Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program prior to issuance of grading permit(s). 77.Approval of the project Storm Water Pollution Prevention Plan ( SWPPP) (required for projects of 1 acre or more) and erosion control plan shall be received and BMPs implemented prior to issuance of a grading permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 78.Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 79. Submit an approved environmental clearance document provided by City Planning Division to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. Any variation shall require an appropriate environmental clearance prior to issuance of a grading permit. 80.Applicant shall pay all grading permit applicable processing, permit, security and development fees including Stephens Kangaroo Rat Habitat prior to issuance of the grading permit. PRIOR TO BUILDING PERMIT 81.The applicant shall submit a "Will Serve" letter to the City Engineering Division for this project and specify the technical data for the water service at the location, such as water pressure and volume, etc. Submit this letter to the Engineering Division prior to applying for a building permit. 82.All required public right -of -way dedications and easements shall be prepared by the applicant or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 83.Applicant shall pay all applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, and area drainage. PC April 20, 2010 Item No. 1 Page 33 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 11 OF 12 PRIOR TO OCCUPANCY /FINAL APPROVAL: 84. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses (where the proposed improvements will store, generate or handle hazardous materials in quantities that will require permitting and inspection once operational), the applicant shall propose plans and measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the County /City Building Official(s). 85. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall be submitted to the Engineering Division before final inspection will be scheduled. 86.All required public right -of -way dedications, easements and vacations and easement agreement(s) for ingress and egress through adjacent property(ies)shall be recorded with a recorded copy provided to the City prior to final project approval. 87. Slope maintenance along right -of -ways and open spaces shall be maintained by the property owner. Documentation of maintenance responsibility shall be in a recordable format and recorded prior to occupancy /final. 88.All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 89.All signing and striping and traffic control devices onsite and on Collier Avenue shall be installed. 90. Water and sewer improvements shall be completed in accordance with Water District Requirements. 91. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, applicant shall: • Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; • Demonstrate that they are prepared to implement all non- structural BMPs included in the conditions of approval or building /grading permit conditions; • Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners /occupants; and • The applicant shall provide all education guidelines for Water Quality PC April 20, 2010 Item No. 1 Page 34 of 50 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35189 INDUSTRIAL DESIGN REVIEW NO. 2008 -01 AND MITIGATED NEGATIVE DECLARATION NO. 2008 -09 PAGE 12 OF 12 Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. o The property owner shall execute and cause to be recorded a "Covenant and Agreement" in the form provided by the City to inform future property owners of the requirement to implement the approved final project- specific WQMP. 92. Certificates or permits may be ministerially withheld if features needed to properly manage chemicals cannot be incorporated into a previously completed building, center, or complex. 93.Applicant shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy /final approval. 94.As -built plans for all approved plan sets shall be submitted for review and approval by the City. The applicant/developer /owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the applicant shall provide the City with a CD of the "as built" plans in .tif format. 95. Notice of Completion for construction activity shall be recorded with the County of Riverside Recorder's Office and a recorded copy provided to the Engineering Division. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. COMMUNITY SERVICES DEPARTMENT 96. The Developer shall pay park -in -lieu fee in effect at time of building permit issuance. 97. Developer shall participate in the City -wide Landscape and Lighting Maintenance District. 98. 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 99.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. PC April 20, 2010 Item No. 1 Page 35 of 50 CITY OF _0 4 LADE r LSII`IORI DREAM EXTREME, ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Tentative Parcel Map No. 35819 and Industrial Design Review (No. 2008 -01) to construct five (5) new concrete tilt up industrial buildings for a total building area of 67,100 square feet on 7.51 acres of land. Review is pursuant to the applicable Chapters of the Lake Elsinore Municipal Code (LEMC). I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. All final conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the approval of the Community Development Director of the City of Lake Elsinore Date: Applicant's Signature: Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. PC April 20, 2010 Item No. 1 Page 36 of 50 M1! Y E ( 1 I II 1 2 d / I I LL � r Y i uuu € S F s ;3M: Ia31 a Z 0) O 5 OD � d � Y �o a Y A _.3 aow '� . iha sd= z s e J aL = W o z - V5 { U $ L f Q 0 O a w w 3 Z Q Q _ H .. a M1! 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