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Home My WebLink AboutItem No. 2CITY OF LADE PLSINORE DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: OCTOBER 5, 2010 SUBJECT: TENTATIVE PARCEL MAP NO. 35135: A REQUEST TO SUBDIVE AN EXISTING 9.07 ACRE SITE INTO FIVE (5) PARCELS WITHIN THE GENERAL COMMERCIAL (C -2) DISTRICT APPLICANT: MATTHEW LIESEMEYER, MHL CONSULTING, INC., 26924 MERCED STREET, MENIFEE, CA 92584 OWNER: TRACY KOBOLD, INLAND PACIFIC CALIFORNIA, LLC., 10710 WESTMINISTER BOULEVARD, #130, WESTMINISTER, CO 80020 Proiect Request The applicant is proposing to subdivide 9.07 acres of land into five (5) individual parcels pursuant to the requirements of Chapter 17.124 (General Commercial District), and Chapter 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and Section(s) 66425 et seq. of the California Subdivision Map Act (CSMA). Project Location The 9.07 acre project site is located at 32250 Mission Trail. Access to the project site is available from Mission Trail. PC October 5, 2010 Item No. 2 Page 1 of 22 Tentative Parcel Map No. 35135 October 5, 2010 Page 2 of 4 Environmental Setting The site is bounded on all sides by existing commercial uses. Proiect Description The proposed parcel map will subdivide the aforementioned 9.07 -acres of general commercial zoned land into five (5) individual parcels. Parcel No. 1 will be .85 acres (37,242 square feet), Parcel No. 2 will be .44 acres (19,316 square feet), Parcel No. 3 will be .38 acres (16,572 square feet), and Parcel No. 4 will be .41 acres (18,040 square feet). It should be noted that the site is currently developed with one (1) existing commercial building ( Trevi Entertainment Center) on the proposed fifth (5 th ) parcel which is identified at 6.64 acres (289,238 square feet) in size. Background On August 17, 2010, the project was reviewed by the Planning Commission. The Planning Commission expressed concerns relating to the following items: 1) ADA Accessibility, 2) Parking for the existing building /use as well as future uses, 3) The identified 'Remainder Parcel' requiring 100 feet of street frontage, and 4) Each new parcel required to have a minimum of 25,000 square feet. The Planning Commission elected to continue the project to September 7, 2010 and again to October 5, 2010 to allow the applicant and staff more time to gather information addressing the identified concerns. Analysis In an effort to address the Planning Commission's concerns, the applicant has provided a Conceptual Site Plan (for illustrative purposes) to demonstrate how development can ultimately occur on the proposed parcels. The following is in response to the previously identified Planning Commission concerns: • ADA Accessibility ADA Accessibility has been approved by the City Building Official for the existing Trevi Building. When development comes forward for the PC October 5, 2010 Item No. 2 Page 2 of 22 EXISTING I LAND USE ZONING GENERAL PLAN ' Project Site Existing Commercial/Vacant C -2 (General Commercial) General Commercial North Existing Commercial C -1 (Neighborhood Commercial General Commercial South Existing Commercial C -2 General Commercial General Commercial East Existing Commercial C -2 (General Commercial ) General Commercial West Existing Commercial C -2 General Commercial East Lake Specific Plan Proiect Description The proposed parcel map will subdivide the aforementioned 9.07 -acres of general commercial zoned land into five (5) individual parcels. Parcel No. 1 will be .85 acres (37,242 square feet), Parcel No. 2 will be .44 acres (19,316 square feet), Parcel No. 3 will be .38 acres (16,572 square feet), and Parcel No. 4 will be .41 acres (18,040 square feet). It should be noted that the site is currently developed with one (1) existing commercial building ( Trevi Entertainment Center) on the proposed fifth (5 th ) parcel which is identified at 6.64 acres (289,238 square feet) in size. Background On August 17, 2010, the project was reviewed by the Planning Commission. The Planning Commission expressed concerns relating to the following items: 1) ADA Accessibility, 2) Parking for the existing building /use as well as future uses, 3) The identified 'Remainder Parcel' requiring 100 feet of street frontage, and 4) Each new parcel required to have a minimum of 25,000 square feet. The Planning Commission elected to continue the project to September 7, 2010 and again to October 5, 2010 to allow the applicant and staff more time to gather information addressing the identified concerns. Analysis In an effort to address the Planning Commission's concerns, the applicant has provided a Conceptual Site Plan (for illustrative purposes) to demonstrate how development can ultimately occur on the proposed parcels. The following is in response to the previously identified Planning Commission concerns: • ADA Accessibility ADA Accessibility has been approved by the City Building Official for the existing Trevi Building. When development comes forward for the PC October 5, 2010 Item No. 2 Page 2 of 22 Tentative Parcel Map No. 35135 October 5, 2010 Page 3 of 4 proposed parcels, each parcel /development will be required to provide ADA access. • Parking for existing as well as future uses The subject property is subject to that certain "Shopping Center Reciprocal Easement Agreement" dated March 30, 1988 recorded against the property in accordance with the original approval of the Center. The Reciprocal Easement Agreement anticipates the future development of individual pads and requires reciprocal ingress, egress and parking as between all parcels as well as common area maintenance and related provisions. The applicant has provided a conceptual site plan identifying how the proposed parcels can ultimately be developed (Attachment 6) with building location and on- site parking. It should be noted that parking for the existing Trevi building was approved under Conditional Use Permit No. 2008 -09. No additional parking studies are required at this time. Each parcel will be required to satisfy its own parking requirements through the Commercial Design Review process. • Remainder Parcel to have 100 feet of Street Frontage Width The previously identified 'Remainder Parcel' has now been added as Parcel No. 5 to the proposed TPM. Section 17.124.050 requires that "any new lot created in the C -2 District shall have one hundred (100') feet of street frontage. However, Section 17.124.040 identifies "within centers which have Design Review approval pursuant to Chapter 17.184 and which share reciprocal facilities such as parking and access, smaller lots (i.e. less than 25,000 square feet) in the form of individual pads may be permitted provided it can be shown that development upon those lots can comply, with the exceptions of street frontage width, with all of the standards of this Chapter (i.e. Chapter 17.124 C -2 General Commercial District)." By demonstrating how ultimate development can occur, Section 17.124.040 of the Zoning Code allows the applicant to create smaller lots (less than 25,000 square feet) and deviate from the one hundred (100') foot street frontage width requirement. In addition, Lake Elsinore Municipal Code Section 16.20.040 requires "all lots shall have frontage upon a public or private street which shall be open to and usable by vehicular traffic, and all lots shall have a minimum 20- footwide direct vehicular access to such street. The 20 -foot wide direct vehicular access requirement is achieved via shared (reciprocal) driveways and drive aisles. • Each new parcel is required to have a minimum 25,000 square feet of lot area As previously noted, Section 17.124.040 identifies "within centers which have Design Review approval pursuant to Chapter 17.184 and which share reciprocal facilities such as parking and access, smaller lots in the form of individual pads may be permitted." In addition to the applicant's Conceptual Site Plan, staff has conditioned the project to submit for and obtain Design Review approval prior to final map recordation. PC October 5, 2010 Item No. 2 Page 3 of 22 Tentative Parcel Map No. 35135 October 5, 2010 Page 4 of 4 The applicant is proposing to subdivide the identified property for the creation of five (5) individual parcels, in that the proposed subdivision and development standards (i.e. lot size, lot frontage) comply with Chapter 17.124 (General Commercial District), of the Lake Elsinore Municipal Code, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66425 et seq. of the California Subdivision Map Act (CSMA). City Planning and Engineering staffs have reviewed the project, and have no concerns regarding the proposed request. Environmental Determination Pursuant to the California Environmental Quality Act (CEQA), this project has been deemed exempt pursuant to Section 15315 (Minor Land Divisions). The site is not within a MSHCP Criteria Cell, and is already developed. As a result of existing development, there are no potential impacts to any species or habitat covered by the MSHCP. No further environmental clearance is necessary. Recommendation Adopt a Resolution No. 2010 -_ adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, Adopt a Resolution No. 2010 -_ recommending to the City Council approval of Tentative Parcel Map No. 35135 based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Kirt A. Coury,kL Project Planner Reviewed By: Matthew C. Harris, MG Senior Planner n Approved By: Robert A. Brady �( City Manager 1�`J Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. Acknowledgement of Draft Conditions of Approval Form 5. Tentative Parcel Map No. 35135 (reduction) 6. Conceptual Site Plan for Tentative Parcel Map 35135 (reduction) 7. Full Size Plan PC October 5, 2010 Item No. 2 Page 4 of 22 VICINITY MAP TENTATIVE PARCEL MAP NO. 35135 LOCATED AT 32250 MISSION TRAIL � N s Q 9q F w w i w ti0 g CAMPBELL N 2 MP�' PROJECT LOCATION S TADIUM PC October 5, 2010 Item No. 2 Page 5 of 22 RESOLUTION NO. 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Matthew Liesemeyer, MHL Consulting, Inc., submitted an application for a Tentative Parcel Map to subdivide 9.07 acres of land into five (5) individual parcels for property located at 32250 Mission Trail (the "Project "); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 16, requests for subdivision of land are a discretionary action to be considered, reviewed, and approved, conditionally approved or denied by either the Lake Elsinore Planning Commission and /or the City Council; 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 August 17, 2010, September 7, 2010 and October 5, 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 Project's consistency with Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following Consistency Findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other "Plan Wide Requirements." The Project site is not located within an MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSCHP's other "Plan Wide Requirements." The Project site PC October 5, 2010 Item No. 2 Page 6 of 22 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 2 OF 4 is surrounded by development and all on -site improvements are incorporated, and no habitat is present on site. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through a Joint Project Review. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. A reconnaissance survey revealed that no riparian, riverine, vernal pool /fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian /Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The site is surrounded by development and all on -site improvements are incorporated. Therefore, the provisions of MSHCP Section 6.3.2 are not applicable. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable. PC October 5, 2010 Item No. 2 Page 7 of 22 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 3 OF 4 7. The Project is consistent with the Vegetation Mapping requirements. There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1. 8. The Project is consistent with the Fuels Management Guidelines. The Project site is not within or adjacent to any MSHCP criteria or conservation areas. Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The Project will not be required to pay the City's MSHCP Local Development Mitigation Fee given that the site is fully improved and developed. 10. The Project is consistent with the MSHCP. Based upon the information provided above, the Project is consistent with the MSHCP. SECTION 3. Based upon the evidence presented, the Planning Commission hereby adopts the findings above regarding the Project's consistency with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 5th day of October, 2010. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager PC October 5, 2010 Item No. 2 Page 8 of 22 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Bob Brady, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- — as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 5th day of October 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC October 5, 2010 Item No. 2 Page 9 of 22 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 TENTATIVE PARCEL MAP NO. 35135 LOCATED AT 32250 MISSION TRAIL WHEREAS, Matthew Liesemeyer, MHL Consulting, Inc., submitted an application for a Tentative Parcel Map to subdivide 9.07 acres of land into five (5) individual parcels for property located at 32250 Mission Trail (the "Project'); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for Tentative Parcel Maps; and WHEREAS, on August 17, 2010, September 7, 2010, and October 5, 2010, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Tentative Parcel Map No. 35135 pursuant to the appropriate Planning and Zoning Laws, and Chapter 17.124 (General Commercial District) and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. The Planning Commission hereby finds and determines that Tentative Parcel Map No. 35135 is categorically exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQX) and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines ") pursuant to Section 15315 (Minor Land Divisions) categorical exemption. Specifically, the Planning Commission finds that the Tentative Parcel Map allows for the subdivision of 9.07 acres of land into five (5) individual parcels for property located at 32250 Mission Trail. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of Tentative Parcel Map No. 35135: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. 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 parcel map is in accord with the General Plan, the objectives of the Zoning PC October 5, 2010 Item No. 2 Page 10 of 22 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 2 OF 3 Code, and the purposes of the district in which the site is located. The parcel map as designed, assists in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) by encouraging the development of commercial businesses that strengthen and diversify the City's economic base. 2. The effects this project 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 will provide general commercial facilities of substantial size conveniently located relative to commercial businesses and regional circulation routes. The project will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Tentative Parcel Map No. 35135. 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 Planning Commission of the City of Lake Elsinore, California, this 5 th day of October, 2010. John Gonzales, Chairman City of Lake Elsinore ATTEST: Robert A. Brady, City Manager PC October 5, 2010 Item No. 2 Page 11 of 22 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 3 OF 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Bob Brady, City Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2010- — as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 5 th day of October 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Robert A. Brady City Manager PC October 5, 2010 Item No. 2 Page 12 of 22 CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35135 PLANNING DIVISION 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 attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Tentative Parcel Map No. 35135 2. Tentative Parcel Map No. 35135 will expire two (2) years from date of approval unless within that period of time 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. 3. 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. 4. Prior to final recordation 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. 5. Prior to final recordation of the Tentative Parcel Map, the applicant shall submit for and obtain Commercial Design Review approval associated with Parcels 1, 2, 3, and 4 of Tentative Parcel Map No. 35135. 6. All lots shall comply with minimum standards contained in the LEMC 7. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 8. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 9. Prior to issuance of building permit, the applicant shall submit a letter of verification (will - serve letter) from appropriate utility providers to the City Engineer, for all required utility services. 10.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 11. The applicant shall pay all applicable fees including park fees. PC October 5, 2010 Item No. 2 Page 13 of 22 CONDITIONS OF APPROVAL PAGE 2 OF 7 TPM 35135 12. The applicant shall meet all requirements of the providing electric utility company. 13. The applicant shall meet all requirements of the providing gas utility company. 14. The applicant shall meet all requirements of the providing telephone utility company. 15.A bond is required guaranteeing the removal of all trailers used during construction. 16. Prior to final map approval, the applicant shall submit a Reciprocal Easement Agreement with Covenants, Conditions, and Restrictions (CC &R's) for review and approval by the Community Development Director or Designee and the City Attorney. The CC &R's shall provide reciprocal ingress, egress and parking as between all parcels -and shall include methods of funding and maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, water quality management best management practices and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the Center. In addition, CC &R's shall establish methods to address design improvements. The CC &R's shall be executed by the property owner and recorded against the properties. 17. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 18. Prior to final map approval, the applicant and the property owner 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. 19.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. 20. Prior to final map approval, a landscaping and irrigation plan shall be reviewed and approved by the City Planning Division. The plan shall address the existing slope areas along the Mission Trail frontage. In addition, all approved landscaping and irrigation improvements shall be fully installed prior to final map approval. ENGINEERING DIVISION 21. Provide Parcel Map per current Subdivision Map Act to be reviewed and approved by the City Engineer, prior to recordation. 22.AII parcels shall have access to public right -of -way through the existing driveway, by means of a reciprocal easement among properties, as evidenced by a Reciprocal PC October 5, 2010 Item No. 2 Page 14 of 22 CONDITIONS OF APPROVAL PAGE 3 OF 7 TPM 35135 Easement Agreement with Covenants, Conditions and Restrictions in such form as approved by the Community Development Director and City Attorney in accordance with Condition No. 16. The CC &R's shall provide specific means for construction and maintenance of the improvements within the easement. 23. Install permanent survey monuments in compliance with the City's municipal code. 24.AII drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 25. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 26.AII 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. 27.AII 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. 28.AII required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 29.AII Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 30.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. 31.The applicant shall preserve or install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Riverside County Standards. 32.Sight distance into and out of this project location shall comply with CALTRANS Standards. FEES: 30.The applicant shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: o Stephens Kangaroo Habitat Fee (K -Rat): $500 per gross acre due at Grading Permit; oTraffic Infrastructure Fee (TIF): $3.84 per square foot (commercial) of buildings. The PC October 5, 2010 Item No. 2 Page 15 of 22 CONDITIONS OF APPROVAL PAGE 4 OF 7 TPM 35135 project may be eligible for reimbursement of road improvements constructed on Mission Trail (99.2 %), due at Building Permit oTransportation Uniform Mitigation Fee (TUMF): $10.49 per square foot of new retail construction. This fee can be paid at Building Permit Issuance but shall be paid by occupancy. o Drainage Fee: $0 (Lake Management District) NOTE: Above fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. FLOOD PLAIN: 31. The map area lies outside of a FEMA special flood hazard zone. STORM WATER MANAGEMENT / POLLUTION PREVENTION 32. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. The 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. 33-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 an exceedance of water quality objectives. The WQMP shall provide information regarding design considerations, and the long -term operation and maintenance requirements for BMPs requiring long -term maintenance as well as the mechanism for funding the long- term operation and maintenance of the BMP's. 34. 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 Mission Trail. PC October 5, 2010 Item No. 2 Page 16 of 22 CONDITIONS OF APPROVAL PAGE 5OF7 TPM 35135 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: 35. The owner shall dedicate on the parcel map additional right -of -way to the City along Mission Trail adjacent to the property frontage for a total right -of -way of 60' as measured from centerline to the project property line on Mission Trail. 36. A note shall be placed on the parcel map identifying that the construction of offsite and onsite improvements per SMA 66411.1 (a). 37. At the discretion of the City Engineer, either cash -in -lieu of improvements or construction of offsite improvements shall be required prior to issuance of the first permit (or other grant of approval for development of the parcel is issued by the City). If constructed, improvements shall be to City Standard; new improvements shall match or transition to existing improvements. 38. All public improvements shall comply with ADA standards. 39. Provide public street lighting, consistent with City Standards. 40. 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) PRIOR TO GRADING PERMIT 41. 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. 42. 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.ora 43. All grading plan contours shall extend to minimum of 25 feet beyond property lines to indicate existing drainage pattern. PC October 5, 2010 Item No. 2 Page 17 of 22 CONDITIONS OF APPROVAL PAGE 6 OF 7 TPM 35135 44. 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. 45. 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). 46. 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. 47. 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. 48. 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. PRIOR TO BUILDING PERMIT 49. 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. 50. 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. PRIOR TO OCCUPANCY /FINAL APPROVAL: 51. 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. 52. 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. PC October 5, 2010 Item No. 2 Page 18 of 22 CONDITIONS OF APPROVAL PAGE 7 OF 7 TPM 35135 53. 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 54. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. DEPARTMENT OF ADMINISTRATIVE SERVICES 55. Prior to approval of the Parcel Map, the applicant shall annex into Community Facilities District No. 2006 -5 (Park, Open Space and Storm Drain Maintenance) to offset the annual negative fiscal impacts of the future development. Upon completion of the annexation, the annual CFD special tax will begin when a when a new building permit is issued for the new parcels; the remainder parcel containing the existing commercial building will be exempt from the CFD special tax unless a new building permit is issued. Applicant shall pay to the City a non - refundable deposit in the amount of $5,000 to cover the cost of the annexation process. RIVERSIDE COUNTY FIRE DEPARTMENT 56. 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 57. 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. PC October 5, 2010 Item No. 2 Page 19 of 22 CITY OF r/�1-q1 LADE LSIf10RE %` DREAM EXTREME- ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: Tentative Parcel Map No. 35135 to subdivide 9.07 acres of land into five (5) individual parcels 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 Applicant's Signature: Print Name: Address: Phone Number: AT THE TIME OF PRINTING THE AGENDA, STAFF HAS NOT RECEIVED THE SIGNED ACKNOWLEDGMENT FORM. PC October 5, 2010 Item No. 2 Page 20 of 22 w p OEM ; ol 40 -Y Z uY Z na N 33 _ z N W w 40Es °j w ui w 0 w z� a s 0 - -- O O z" n r p rc N m w p Y of n o �vw� g¢ s F w pe o jl u W a R O V 6 Q (i z m w d W Duzo�e 'u. y m ' O Nzrceo Do _ N No Ow Nn Ko U`' n'o rca t n m w yr�n ` o Q N w n w u w J ww5 o w m o: w a '" w 9 as ° Na _ N tt<' is ¢Vw x Ow n zwM s a 5 z Q 3a J w.uw N 3 F a n i �ry uwuraw° �i . . . p �O3¢'u Gin ? 8 ° R e R m H. 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