HomeMy WebLinkAboutPC Reso No 2012-37RESOLUTION NO. 2012 - 37
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL
APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2012 -06, FOR
THE ESTABLISHMENT AND OPERATION OF AN 8,320 SQUARE
FOOT FAMILY DOLLAR RETAIL STORE ON PROPERTY LOCATED
AT THE NORTHWEST CORNER OF RIVERSIDE DRIVE AND WALNUT
DRIVE (APN: 379 - 222 -001, -002, -003, AND -008)
WHEREAS, Greenberg Farrow Architects (the "Developer'), filed an application
with the City of Lake Elsinore requesting approval of Commercial Design Review No.
2012 -06 ( "the Project "), and
WHEREAS, the Developer proposes the Project on property located at the
northwest corner of Riverside and Walnut Drives, and known as Assessor's Parcel
No.'s 379 - 222 -001, -002, -003, and -008 (the "Site "); and
WHEREAS, the Developer proposes to establish and operate an 8,320 square
foot Family Dollar retail store at the identified location; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making recommendations to the City Council
pertaining to Design Review of commercial projects; and
WHEREAS, 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 November 20, 2012.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed request
for Commercial Design Review No. 2012 -06 for the establishment and operation of an
8,320 square foot Family Dollar retail store prior to recommending approval to the City
Council. The Planning Commission finds and determines that the Commercial Design
Review request is consistent with the Lake Elsinore Municipal Code.
SECTION 2. The California Legislature has determined that certain classes of
projects do not have a significant effect on the environment and are therefore exempt
from the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.:
"CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000
et seq.: the "CEQA Guidelines "). Specifically, the Planning Commission finds that the
Project qualifies as a categorical exemption for in -fill development as follows:
PLANNING COMMISSION RESOLUTION NO. 2012- 37
PAGE 2OF4
1. Is consistent with the applicable general plan designation and all applicable
general plan policies as well as with applicable zoning designation and
regulations.
2. Will occur within the City limits. The Project Site is less than (5) acres and is
substantially surrounded by urban uses.
3. The Project Site has no value as habitat for endangered, rare or threatened
species.
4. Approval of the Project will not result in any significant effects relating to traffic,
noise, air quality or water quality.
5. The Project Site can be adequately served by all required utilities and public
services.
Therefore, the Planning Commission hereby finds and determines that the
Project is exempt from CEQA and the CEQA Guidelines.
SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code,
the Planning Commission makes the following findings for the approval of Commercial
Design Review No. 2012 -06:
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 Commercial Design Review located at the northwest comer of
Riverside and Walnut Drives complies with the goals and objectives of the General
Plan, in that the approval of this establishment and operation of an 8,320 square
foot Family Dollar retail store will assist in achieving the development of a well -
balanced and functional mix of residential, commercial, industrial, open space,
recreational and institutional land uses as well as encouraging commercial 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 Commercial Design Review located at the northwest corner of
Riverside and Walnut Drives is appropriate to the site and surrounding
developments in that the proposed establishment and operation of an 8,320 square
foot Family Dollar retail store has been designed in consideration of the size and
shape of the property, thereby creating interest and varying vistas as a person
moves along the street. Further the project as proposed will complement the
quality of existing development and will create a visually pleasing, non - detractive
relationship between the proposed and existing projects in the area.
PLANNING COMMISSION RESOLUTION NO. 2012- 37
PAGE 3OF4
3. Subject to the attached Conditions of Approval, the proposed project is not
anticipated to result in any significant adverse environmental impacts.
Pursuant to State CEQA Guidelines, the project qualifies as a categorical
exemption. Accordingly, staff believes the proposed applications implement the
land use objectives and requirements of the General Plan and Zoning District and
finds that further environmental evaluation is therefore, unnecessary.
4. Conditions and safeguards pursuant to Chapter 17.184.070 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 17.184.
Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project
has been scheduled for consideration and approval of the Planning Commission on
November 20, 2012.
SECTION 4. Based upon the evidence presented, the above findings, and the
Conditions of Approval attached, the Planning Commission hereby recommends that
the City Council approve Commercial Design Review No. 2012 -06.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 20th day of November, 2012.
Rick Morsch, Chairman
City of Lake Elsinore
ATTEST:
Warren Vorellori, AICP
Acting Community Development Director
PLANNING COMMISSION RESOLUTION NO. 2012- 37
PAGE 4OF4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Warren Morelion, Acting Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2012 -37 as adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the
20th day of November 2012, and that the same was adopted by the following vote:
AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER
GRAY
NOES: COMMISSIONER BLAKE
ABSENT: COMMISSIONER JORDAN
ABSTAIN: NONE
Warren Morelion, AICP
Acting Community Development Director
CONDITIONS OF APPROVAL FOR
COMMERCIAL DESIGN REVIEW NO. 2012-06
FOR FAMILY DOLLAR RETAIL STORE
LOCATED AT THE NORTHWEST CORNER OF
RIVERSIDE AND WALNUT DRIVES
PLANNING DIVISION
General Conditions
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 the project attached hereto.
Commercial Design Review No. 2012 -06 approval for retail store will lapse and be void
unless building permits are issued within two (2) years.
All construction shall comply with these Conditions of Approval and those provisions
and requirements contained in the Municipal Code, prior to issuance of certificate of
occupancy and release of utilities.
4. All site improvements shall be constructed as indicated on the approved building
elevations and site plan for the retail store.
5. Any revisions to approved site plan or building elevations shall be reviewed and
approved by the Community Development Director or designee.
6. Materials and colors depicted on the materials board shall be used unless modified by
the Community Development Director or designee.
7. The proposed building awnings shall be metal (not fabric) and shall be flat in design.
Final design shall be reviewed and approved by the Community Development Director
or designee.
8. Canary Island Palm trees shall be planted in place of the proposed Crape Myrtle trees
located at the front of the store. Said palms shall be reviewed and approved by the
Community Development Director or designee.
9. Decorative ballards shall be placed at the front of the store. Said ballards shall be
reviewed and approved by the Community Development Director or designee.
10.The building addresses (in numerals at least four inches high) shall be displayed near
the entrance and easily visible from the front of the unit and public right -of -way. The
applicant shall obtain a street address prior to issuance of building permit.
Planning Commission City Council
November 20, 2012 December 11. 2012
Conditions of Approval
Page 2 of 13
Commercial Design Review No. 2012 -06
11.The applicant shall comply with all requirements of the City's Grading Ordinance.
Construction generated dust and erosion shall be mitigated in accordance with the
provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim
erosion control measures shall be provided 30 days after the site's rough grading, as
approved by the City Engineer.
12. The applicant shall comply with all applicable City Codes and Ordinances.
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 applicant shall pay school fees to the Lake Elsinore Unified School District prior to
issuance of building permit.
15.The project shall connect to sewer and meet all requirements of the Elsinore Valley
Municipal Water District ( EVMWD). The applicant shall submit water and sewer plans
to the EVMWD and shall incorporate all district conditions and standards.
16.All outdoor ground or wall mounted utility equipment shall be consolidated in a central
location and architecturally screened along with substantial landscaping, subject to the
approval of the Community Development Director, prior to issuance of building permit.
17.All exterior on -site lighting shall be shielded and directed on -site so as not to create
glare onto neighboring property and streets or allow illumination above the horizontal
plane of the fixture. All light fixtures shall be consistent with the architectural style of the
building.
18.All building signage shall comply with the Lake Elsinore Municipal Code or Uniform Sign
Program submitted to the Planning Division.
19.All drive aisles and loading areas shall be kept and maintained free and clear of any
materials /merchandise so as not to obstruct on -site circulation and deliveries.
20. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart.
21. Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to
planters (paver to include curb width).
22. Applicant shall meet Americans with Disabilities Act (ADA) requirements.
23. No exterior roof ladders shall be permitted.
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 3 of 13
Commercial Design Review No. 2012 -06
24.All service and loading doors shall be painted to match the building.
25. On-site surface drainage shall not cross sidewalks.
26.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 based on the Consultant's fee plus 25 percent City fee.
a) All planting areas shall have permanent and automatic sprinkler system with
100% landscape coverage using a combination of drip and conventional
irrigation methods.
b) All planting areas shall be separated from paved areas with a six inch (6 ")
high and six inch (6 ") wide concrete curb.
c) Planting within fifteen feet (15') of ingress /egress points shall be no higher
than thirty -six inches (36 ").
d) Landscape planters shall be planted with an appropriate parking lot shade
tree pursuant to the LEMC and Landscape Design Guidelines.
e) Any transformers and mechanical or electrical equipment shall be indicated
on landscape plan and screened as part of the landscaping plan.
f) The landscape plan shall provide for ground cover, shrubs, and trees and
meet all requirements of the City's adopted Landscape Guidelines.
g) 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.
h) 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.
i) Final landscape plan must be consistent with approved site plan.
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 4 of 13
Commercial Design Review No. 2012 -06
j) Final landscape plans to include planting and irrigation details.
27. Prior to issuance of any precise grading permit or building permit, the applicant shall
sign and complete an "Acknowledgment of Conditions" form and shall return the
executed original to the Community Development Department for inclusion in the case
records.
28.The Conditions of Approval shall be reproduced on subsequent building plans prior to
issuance of building permit.
29.The applicant shall at all times comply with Section 17.176 (Noise Control) of the Lake
Elsinore Municipal Code.
30. The applicant shall pay all appropriate City fees.
Prior to Building Permits
31.Prior to issuance of building permits, the applicant shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
32. Prior to issuance of building permits, the applicant shall provide assurance that all
requirements of the Riverside County Environmental Health Department have been
met.
33. Prior to issuance of building permits, the applicant shall pay all appropriate fees.
34. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site
identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00
P.M., Monday through Friday with no construction activity to occur on Saturdays,
Sundays or legal holidays) and a statement that complaints regarding the operation can
be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124.
The sign shall be installed prior to the issuance of a grading permit.
ENGINEERING DIVISION
General
35. All slopes and landscaping within public right -of -way shall be maintained by the property
owner or another maintenance entity approved by the City Council.
36. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
developer shall be required to contract with CR &R Inc. for removal and disposal of all
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 5 of 13
Commercial Design Review No. 2012 -06
waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction and during
occupancy.
37. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by
development of the site and or diversion of drainage.
38.AII required soils, geology, hydrology and hydraulic, and seismic reports shall be
prepared by a Registered Civil Engineer.
Fees:
39.The developer shall pay all Engineering Division assessed, Development Impact Fees,
Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees
include: Railroad Canyon Road Benefit District, Traffic Infrastructure Fee (TIF),
Transportation Uniform Mitigation Fee (TUMF), and Area Drainage Fee.
• Traffic Infrastructure Fee (TIF): $3.84 /square foot (commercial) of buildings.
• Transportation Uniform Mitigation Fee (TUMF): Retail SF GFA $ 10.49 /square
foot of new construction. The project may be eligible for TUMF Credit for
improvements constructed on Hwy 74 /Riverside Drive.
• Drainage Fee: $5,955.00 /gross acre (#49, West Elsinore Area)
40. Mitigation Fees will be assessed at the prevalent rate at time of payment in full.
Storm Water Management / Pollution Prevention / NPDES
41. The project is responsible for complying with the applicable Santa Ana Region NPDES
Permits as warranted based on the nature of development and /or activity.
42.The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site
Design, where feasible, to treat the pollutants of concern of the 85 percentile storm
identified for the project, in the following manner (from highest to lowest priority:
Infiltrate, harvest and use, evapotranspire and /or bio -treat the Design Capture Volume
(DCV).
43.Any portion of the DCV that is not infiltrated, harvested and used, evapotranspired,
and /or biotreated shall be treated and discharged in accordance with the requirements
set forth in Section XII.G of the Permit.
44. Parking lot landscaping shall be designed to provide for treatment, retention or
infiltration of runoff.
Planning Commission City Council
November 20, 2012 December 11. 2012
Conditions of Approval
Page 6 of 13
Commercial Design Review No. 2012 -06
45. Project hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape.
46.Hydromodification / Hydraulic Conditions of Concern — The project shall identify
potential Hydraulic Conditions of Concern (HCOC) and implement measures to limit
disturbance of natural water bodies and drainage systems; conserve natural areas;
protect slopes, channels and minimize significant impacts from urban runoff.
47. CEQA — If CEQA identifies resources requiring Clean Water Act Section 401 Permitting,
the applicant shall obtain certification through the Santa Ana Regional Water Quality
Control Board and provide a copy to the Engineering Division.
48.Both a Storm Water Pollution Prevention Plan ( SWPPP) and a Water Quality
Management Plan (WQMP) for post construction are required for this project.
49.SWPPP - A copy of the current SWPPP shall be kept at the project site, updated as
necessary and be available for review upon request.
50. Prior to grading or building permit the applicant shall demonstrate that compliance with
the permit has been obtained by providing a copy of the Notice of Intent (NO]) submitted
to the State Water Resources Control Board and a copy of the letter of notification of the
issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to
the satisfaction of the City Engineer.
51.A. preliminary WQMP shall be submitted during the project entitlement stage; a final
WQMP shall be submitted and approved prior to grading or building permit issuance.
52.The applicant shall use the Water Quality Management Plan for the Santa Ana Region
of Riverside County guidance document and template for preparation of both the
preliminary and final WQMP.
53.AII storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm
Drain" using the City authorized marker to prevent illegal dumping in the drain system.
54. Prior to the issuance of a certificate of use and /or occupancy, the applicant shall
demonstrate compliance with applicable NPDES permits for construction,
industrial /commercial, MS4, etc. to include:
• Demonstrate that all structural Best Management Practices (BMP's) described in
the BMP Exhibit from the project's approved WQMP have been implemented,
constructed and installed in conformance with approved plans and specifications.
• Demonstrate that the project has complied with all non - structural BMPs
described in the project's WQMP.
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 7 of 13
Commercial Design Review No. 2012 -06
• Provide signed, notarized certification from the engineer of work that the
structural BMP's identified in the project's WQMP are installed and operational.
• Submit a copy of the fully executed, recorded Operations and Maintenance
(O &M) Plan for all structural BMPs.
• Demonstrate that copies of the project's approved WQMP (with recorded O &M
Plan attached) are available for each of the initial occupants
(commercial /industrial) or HOA as appropriate.
• Agree to pay for a Special Investigation from the City of Lake Elsinore for a date
twelve (12) months after the issuance of a Certificate of Use and /or Occupancy
for the project to verify compliance with the approved WQMP and 0 &M Plan. A
signed /sealed certification from the engineer of work dated 12 months after C of
0 will be considered in lieu of a Special Investigation by the City.
• Provide a recorded copy of one of the following:
• A water quality implementation agreement has the approved WQMP and O &M
Plan attached; or
• The final approved Water Quality Management Plan and Operations and
Maintenance Plan.
Utilities
55.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 (34 KV or lower) shall be undergrounded in accordance
with Chapter 12.16 of the Lake Elsinore Municipal Code (LEMC). 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.
56. Underground water rights shall be dedicated to the City pursuant to the provisions of
Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore
Valley Municipal Water District.
57. The developer shall apply for, obtain and submit to the City Engineering Division a letter
from Southern California Edison (SCE) indicating that the construction activity will not
interfere with existing SCE facilities (aka SCE NIL).
58.The developer shall submit a copy of the "Will Serve" letter to the City Engineering
Division from the applicable water agency.
Improvements
59. Sight distance into and out of the project location shall comply with Caltrans Standards.
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 8 of 13
Commercial Design Review No. 2012 -06
60. Future safety improvements may restrict access onto Riverside Drive shall be to right
in /right out only (As amended by the Planning Commission at the November 2012
meeting).
61. Provide documentation of plan approval by Caltrans.
62. The developer shall install permanent bench marks per City of Lake Elsinore Standards
and at locations to be determined by City Engineer.
63.The developer shall install blue dot markers in the roadway at a right angle to Fire
Hydrant locations per Lake Elsinore Standards.
64.The developer shall coordinate with Riverside Transit Authority for location and
installation of bus transit facilities.
65. Provide public street lighting, consistent with California State Codes and City Standards.
66.10 year storm runoff shall be contained within the curb and the 100 year storm runoff
shall be contained within the street right -of -way. When either of these criteria are
exceeded, drainage facilities shall be provided.
67.AII drainage facilities in this project shall be constructed to Riverside County Flood
Control District Standards.
68.A drainage study shall be provided. The study shall identify the following: identify storm
water runoff from and upstream of the site; show existing and proposed off -site and on-
site drainage facilities; and include a capacity analysis verifying the adequacy of the
facilities. The drainage system shall be designed to ensure that runoff from a 10 -yr
storm of 6 hours or 24 hours duration under developed condition is equal or less than
the runoff under existing conditions of the same storm frequency. Both 6 hour and 24
hour storm duration shall be analyzed to determine the detention basin capacities
necessary to accomplish the desired results.
69.AII natural drainage traversing the site shall be treated and conveyed through the site,
or shall be collected, treated and conveyed by a method approved by the City Engineer.
All off -site drainage, if different from historic flow, shall be treated and then conveyed to
a public facility, accepted by adjacent property owners by a letter of drainage
acceptance, or conveyed to a drainage easement.
70. Roof drains shall drain to a surface and be subject to treatment under the WQMP
(As amended by the
Planning Commission at the November 2012 meeting).
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 9 of 13
Commercial Design Review No. 2012 -06
71.The site shall be planned and developed to keep surface water from entering buildings
(California Green Building Standards Code 4.106.3).
72.All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works
Standard Plans.
73.Applicant shall design and construct improvements to City Standard from the existing
property line back to the proposed property line along the project frontage on Walnut
Drive and Frasier Drive. Applicant shall design and construct improvements to Caltrans
Standard from the existing property line back to the proposed property line along the
project frontage on Riverside Drive. New improvements to match or transition to existing
improvements along the property boundaries and in conformance with the 2010 General
Plan.
74. Street improvement plans shall be prepared by a Registered Civil Engineer and the
plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, and
drainage improvements.
75. If existing improvements are to be modified, the existing improvement plans on file shall
be modified accordingly and approved by the City Engineer prior to issuance of building
permit.
76.Applicant shall provide the City with a recorded copy of a reciprocal access easement
with the property owner of APN 379 - 222 -023 across the 'future access aisle' for public
use.
77. Dedicate to the City of Lake Elsinore in fee title right -of -way along Riverside Drive
adjacent to the project sufficient to attain a minimum 60' half width right of way.
The
applicant shall pay cash in lieu of construction of a raised median on Riverside Drive if
per City Engineer approval. The fee shall be equal to City
Engineer approved cost estimate for improvements (including contingency) plus an
additional 15% of the total construction cost estimate to cover design and administrative
costs. The cost estimate shall be approved by City staff (As amended by the Planning
Commission at the November 2012 meeting).
Riverside Drive existing ROW 35 feet'' /2 width - required 60'
Walnut Drive existing ROW 30 feet '' /z width -meets requirement
Fraiser Drive existing ROW 25 feet'' /2 width -meets requirement
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 10 of 13
Commercial Design Review No. 2012 -06
78.Applicant shall submit signing and striping plans for City review and approval for
Riverside Drive, Walnut Drive and Frasier Drive and on -site. Plans for Riverside Drive
shall be approved by Caltrans. All signing and striping and traffic control devices shall
be installed and approved by the City.
79. An Encroachment Permit shall be obtained prior to any work on City and /or State right -
of -way. The developer shall submit the permit application, required fees and executed
agreements, security and other required documentation prior to issuance. A copy of the
State issued permit shall be provided to the City.
80.All 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 of public works improvements will be scheduled and approved.
81.The developer shall be responsible for acquiring right -of -ways in which the developer or
the City has no legal title or interest. If the developer is unsuccessful in acquiring such
right -of -ways, the City could assist the developer in the Eminent Domain process at
developer's cost.
82.All streets shall be constructed per Lake Elsinore City Standards, Caltrans Standards,
and /or applicable specific plan. Any deviation from noted standards shall be approved
by the jurisdictional agency.
83.The developer shall provide written documentation of plan approval by Caltrans as a
condition of permit issuance.
84.A portion of the required improvements for this development may be eligible for credit
under the Transportation Uniform Mitigation Fee (TUMF) program. Request for credits
shall be approved by the City Engineer and based on allowable costs in the fee
program. TIF Reimbursement Agreement to be executed once plans have been
approved.
85. The developer shall submit a written request for acceptance of improvements to the City
Engineer.
86.All signing and striping and traffic control devices for the required improvements of this
development shall be installed prior to occupancy.
Grading
87.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)
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 11 of 13
Commercial Design Review No. 2012 -06
on the site. The plan shall include separate sheets for erosion control, hai.l -reate and
traffic control. The grading submittal shall include all supporting documentation and be
prepared using City standard title block, standard drawings and design manual
(available at www.lake- elsinore.org) (As amended by the Planning Commission at the
November 2012 meeting) .
88.AII grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
89. 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.
90.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.
91.The developer shall obtain all necessary off -site easements and /or permits for off -site
grading and /or drainage acceptance from the adjacent property owners.
92. Developer shall execute and submit grading and erosion control agreement, post
grading security and pay permit fees as a condition of grading permit issuance.
93. Prior to commencement of grading operations, developer is to provide to the City with a
map of all proposed haul routes to be used for movement of export material. All such
routes shall be subject to the review and approval of the City Engineer. Haul route shall
be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall
be approved by City Council. (LEMC 15.72.065)
94. Export and import sites located within the Lake Elsinore City limits shall have an active
grading permit.
95.Applicant to provide to the City a video record of the condition of all proposed public City
haul roads. In the event of damage to such roads, applicant shall pay full cost of
restoring public roads to the baseline condition. A bond may be required to ensure
payment of damages to the public right -of -way, subject to the approval of the City
Engineer.
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 12 of 13
Commercial Design Review No. 2012 -06
96.Submit an approved environmental clearance document (CEQA, EIR, etc.) to the
Engineering Division. This approval shall identify and clear all proposed grading activity
anticipated for this project.
97.Developer shall pay all grading permit applicable processing, permit, security and
development fees.
Building Permit
98.All required parcel mergers, lot line adjustments, public right -of -way dedications,
easements, dedications and easement agreement(s) for ingress and egress through
adjacent property(ies) shall be recorded in a form consistent with the Subdivision Map
Act and Title 16 of the LEMC with a recorded copy provided to the City prior to building
permit issuance (As amended by the Planning Commission at the November 2012
meeting).
99. Provide final soils, geology and seismic report, including recommendations for
parameters for seismic design of buildings, and walls prior to building permit.
Occupancy
100. All public improvements shall be completed in accordance with the approved plans or
as condition of this development to the satisfaction of the City Engineer.
101. The fair share cost of future improvements as a condition of this development shall be
paid.
102. Proof of acceptance of maintenance responsibility of landscape areas, and drainage
facilities shall be provided.
103. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of
payment in full in accordance with the LEMC.
104. As -built plans for all approved plan sets shall be submitted for review and approval by
the City. The developer /developer /owner is responsible for revising the original mylar
plans.
105. In the event of damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition.
106. All final studies and reports, grade certifications, monument certifications (with tie notes
delineated on 8' /z x 11" mylar) shall be submitted in .tiff format on a CD /DVD. Studies
Planning Commission City Council
November 20, 2012 December 11, 2012
Conditions of Approval
Page 13 of 13
Commercial Design Review No. 2012 -06
and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP,
etc.
107. All as built plan sets shall be digitized and provided on CD /DVD as follows:
• Improvement Plans— GIS Shape files* and .tiff of approved as built mylar.
• Grading Plans -.tiff of approved as built mylar.
• *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane
California Zone VI U.S. Fleet.
108. The property owner (aka Legally Responsible Party) shall execute and cause to be
recorded an Operations and Maintenance Plan for post construction best management
practices in a form approved by the City to inform future property owners of the
requirement to implement the approved final project- specific WQMP.
109. Developer shall ensure all outstanding applicable processing and development fees
have been paid.
COMMUNITY SERVICES DEPARTMENT
110. The applicant shall ensure all screen walls are kept in good repair and graffiti free.
Should it become necessary, the applicant authorizes city personnel to remove graffiti at
its discretion.
Planning Commission City Council
November 20, 2012 December 11, 2012