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HomeMy WebLinkAboutPC Reso No 2013-59RESOLUTION NO. 2013 -59 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2013 -02, FOR DEVELOPMENT OF A NEW 3,010 SQUARE FOOT 7- ELEVEN CONVENIENCE STORE LOCATED AT 515 NORTH MAIN STREET (APN: 377 - 242 -021) WHEREAS, an application has been filed with the City of Lake Elsinore by Tom Bergerson of DMB Architects requesting approval of Commercial Design Review No. 2013 -02 for a 7 Eleven Convenience Store (the "Project ") to be located at 515 North Main Street also known as Assessor's Parcel No.'s 377 - 242 -021 ( "the Site "); and WHEREAS, the applicant is proposing to demolish the existing automotive service building on the project site, retrofit the existing fueling canopy and gas pumps and construct a new 3,010 square foot 7 Eleven convenience store; 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, on June 18, 2013 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties 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. The Planning Commission has considered the proposed request for Commercial Design Review No. 2013 -02 for the establishment and operation of a new 3,010 square foot 7- Eleven convenience store prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.184 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. PLANNING COMMISSION RESOLUTION NO. 2013 -59 PAGE 2OF4 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 the approval of Commercial Design Review No. 2013 -02: 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 Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the General Plan including the Downtown Master Plan and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the convenience store building has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects through the use of architectural design that is similar to historic downtown Lake Elsinore. Materials and colors are proposed including architectural accents and colors that blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to a Class 32 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the project blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. PLANNING COMMISSION RESOLUTION NO. 2013 -59 PAGE 3 OF 4 Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on June 18, 2013. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby recommends that the City Council approve Commercial Design Review No 2013 -02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of June 2013. Rick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. MacHott, LEED Green Associate Acting Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -59 PAGE 4OF4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -59 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18th day of June 2013, and that the same was adopted by the following vote: AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY NOES: NONE ABSENT: COMMISSIONER JORDAN ABSTAIN: NONE Richard J. acHott, LEED Green Associate Acting Planning Manager CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2013-02, CONDITIONAL USE PERMIT NO. 2013-02 & ZONE CHANGE NO. 2013-03 PLANNING DIVISION The proposed project (7 Eleven) consists of the demolition of the existing automotive service building, the retrofit the existing fueling canopy and gas pumps, construction of an infiltration basin on the undeveloped portion of the site and the construction of a new 3,010 square foot 7 Eleven convenience store and gas station located at 515 N. Main Street (APN 377- 242 -021). 2. 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 proposed project attached hereto. 3. Commercial Design Review No. 2013 -02 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of this section. Notwithstanding conditions to the contrary, a design review granted pursuant to this chapter shall run with the land for this two - year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 4. Conditional Use Permit No. 2013 -02 shall lapse and shall become void one year following the date on which the use permit became effective unless, prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the use permit application, 5. In the event that the City Council fails to approve Zone Change No. 2013 -03, amending the Lake Elsinore Downtown Master Plan's related Downtown code in order to permit gasoline dispensing establishments within the Gateway Commercial zone in the Gateway District subject to approval of a Conditional Use Permit, the Planning Commission Page 1 of 13 June 18, 2013 approval of Commercial Design Review No. 2013 -02 and Conditional Use Permit No. 2013 -02 shall lapse and become void. GENERAL CONDITIONS 6. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 7. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. 8. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 9. The decision of the Planning Commission regarding Conditional Use Permit No. 2013 -02 shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.192 of the Lake Elsinore Municipal Code. 10.All site improvements shall be constructed as indicated on the approved building elevations and site plan, as modified by these conditions of approval. 11. Any minor revisions to approved site plan or building elevations shall be reviewed and approved by the Community Development Director or designee. Any substantial revisions to the site plan or building elevations shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. 12.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 13.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 Planning Commission Page 2 of 13 June 18, 2013 the building. 14.The building address (in numerals at least four inches high) shall be displayed near the entrance and be easily visible from the front of the building and public right -of- way. 15.All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 16. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 17. Window area cannot be obscured with posters and advertising to the point that police patrols will not be able to see inside the convenience store. 18.Three (3) sets of the Final Landscaping /Irrigation Detail Plan with shall be submitted to the Community Development Department with appropriate fees, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of a building permit. 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) 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. Planning Commission Page 3 of 13 June 18. 2013 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. j) Final landscape plans to include planting and irrigation details. 19.The Applicant is to meet all applicable City Codes and Ordinances. 20. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and Fese+ve obtain approval from the Community Development Department for any sign installed at the project site. All signs shall generally conform with the signage shown on the approved floor plans and elevations and shall incorporate the following changes: • The "City of Lake Elsinore Historic Downtown" sign located on the existing freeway pylon sign shall be redesigned by the City with final approval by the Planning Commission. The applicant shall without charge to the City provide space on the existing freeway pylon sign as depicted by the placeholder "City of Lake Elsinore Downtown Historic District" sign and shall provide electrical conduit to and utilities for such "City of Lake Elsinore Historic Downtown" sign. The rights and responsibilities of the applicant and the City as to the design, fabrication, installation, maintenance, repair and utility costs shall be set forth in a License Agreement to be prepared by the City Attorney and approved by the City Council. • The beFdeF aFeund the 7- Eleven logo on the monument sign located along Main Street shall be framed in white with the border of such sign to match the color of the brick fagades of the main building. (Amended by the Planning Commission on June 18, 2013.) 21.The proposed project shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 - Zoning unless modified by approved Conditions of Approval. 22. There shall be no loitering in or around the business. 23. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this conditional Planning Commission Page 4 of 13 June 18, 2013 use permit may be referred back to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said project. 24. The 7- Eleven convenience store and gas station business shall operate in compliance with all applicable laws associated with the use. 25. 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. BUILDING AND SAFETY DIVISION 26. Any and all existing or proposed floor elevation changes within the main floor areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 27. Any and all tenant improvements shall be in compliance with the 2010 UBC. CITY OF LAKE ELSINORE FIRE MARSHAL (Deleted by Staff prior to City Council hearing on July 9, 2013.) • • •_ • O. EIS;RE)Fe ERgiReWiRg DepaFtment (Deleted by Staff prior to City Council hearing July • GENERAL CONDITIONS 28. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (CUP 2013 -02) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St., Planning Commission Page 5 of 13 June 18, 2013 Lake Elsinore, CA 92530. Phone: (951) 671 -3124 Ext. 225, Fax: (951) 471 -1419 (Added by Staff prior to City Council hearing on July 9, 2013.) 28a. City Case Statement - With respect to the conditions of approval for the referenced project, the Fire Department recommends the following fire protection measures be provided in accordance with The Lake Elsinore City Municipal Code and /or recognize fire protection standards. (Added by Staff prior to City Council hearing on July 9, 2013.) 28b. Blue Dot Reflectors - Blue retro - reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. (Added by Staff prior to City Council hearing on July 9, 2013.) 28c. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,500 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500' and 250' maximum distance from any point on the street or road frontage to hydrant. (Added by Staff prior to City Council hearing on July 9, 2013.) 28d. Super Fire Hydrants - Super fire hydrants (6" x 4" x 2 -2 1/2 "), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. (Added by Staff prior to City Council hearing on July 9, 2013.) PRIOR TO BUILDING PERMIT ISSUANCE 28e. Plan Check Fee - Building plan check fee made payable to The City Lake Elsinore, and shall be submitted to the Fire Department at time plans are submitted to our office(s). (Added by Staff prior to City Council hearing on July 9, 2013.) 28f. Water System Plans - Applicant and /or developer shall separately submit 2 sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and /or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. (Added by Staff prior to City Council hearing on July 9, 2013.) PRIOR TO BUILDING FINAL INSPECTION Planning Commission Page 6 of 13 June 18, 2013 29. Designated Fire Lanes - The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/ or signs. (Added by Staff prior to City Council hearing on July 9, 2013.) 29a. Display Boards - Display Boards will be as follows: Each complex shall have an illuminated diagrammatic representation of the actual layout which shows name of complex, all streets, building designators, unit members, and fire hydrant locations within dimension and located next to roadway access. (Added by Staff prior to City Council hearing on July 9, 2013.) 29b. Fire Extinguishers — Minimum Install portable fire extinguishers complying with Section 906 of the 2010 California Fire Code with a minimum rating of 2A -1013C and signage. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" proiection from the wall. Fuel islands shall provide 2A -2013C fire extinguishers. Contact Fire Dept. for proper placement of equipment prior to installation. (Added by Staff prior to City Council hearing on July 9, 2013.) 29c. Hood /Duct Suppression System - A UL 300 hood /duct fire extinguishing system must be installed over the cooking Equipment as required by the California Fire Code, California Mechanical Code and adopted standards. The extinguishing system must automatically shut -down gas and /or electricity to all cooking appliances upon activation. A C -16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. Alarm system supervision is only required if the building has an existing fire alarm system. (Added by Staff prior to City Council hearing on July 9, 2013.) 29d. Propane Dispensing Permits - Applicant/developer shall be responsible for obtaining permits from the Lake Elsinore Fire Protection Planning Department for the storage, dispensing or use of any compressed gases in accordance with The California Fire Code. Plans and specification sheets must be submitted to the Fire Department for review and approval prior to installation. Current plan check fee is $584.00 for the first tank and $149.00 for each additional tank. (Added by Staff prior to City Council hearing on July 9, 2013.) 29e. Underground Fuel Tank Permits - Applicant and /or developer shall be responsible for obtaining underground fuel tank and dispenser tank permit, from the Riverside County Fire Department and Environmental Health Department. Plans must be submitted along with our "Plan Review Form" for approval prior to Planning Commission Page 7 of 13 June 18, 2013 installation. Contact the Fire Planning office for current plan check fees. (Added by Staff prior to City Council hearing on July 9, 2013.) ENGINEERING DEPARTMENT 30.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 31. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 32.All natural drainage traversing the site (historic flow) shall be treated and conveyed through the site in a manner consistent with the historic flow to one or a combination of the following: 1) to a public facility; 2) accepted by adjacent property owners by a letter of drainage acceptance; or 3) conveyed to a drainage easement as approved by the City Engineer. 33.All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 34. T-FaffiG Study shall be appFeved by the Gity T-FaffiG . (Deleted at the Planning Commission hearing on June 18, 2013.) 35.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 36. 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. 37. 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 both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy. 38. Sight distance into and out of this project location shall comply with CALTRANS Standards. FEES: Planning Commission Page 8 of 13 June 18, 2013 39. The applicant shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34) and all citywide development impact fees set forth in Chapter 16 of the LEMC. (Revised by Staff at City Council on 6- 9 -13.) 40.Applicant to supply the square footage of existing structure to be demolished. 41. Development impact fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES 42.All 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. 43. Design - The project plans shall incorporate a 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 California Green Building Standards, Section 5.106 and NPDES requirements for commercial projects within the San Jacinto, and Santa Ana River Watersheds. BMP design shall be in conformance with the Riverside County Flood Control LID Handbook. 44. Hydro modification / Hydraulic Conditions of Concern — The project shall limit disturbance of natural water bodies and drainage systems;, conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 45. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City's NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan Planning Commission Page 9 of 13 June 18, 2013 -. . ,. AT M. ,. . _... (Revised by Staff at City Council on 6- 9 -13.) 40.Applicant to supply the square footage of existing structure to be demolished. 41. Development impact fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES 42.All 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. 43. Design - The project plans shall incorporate a 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 California Green Building Standards, Section 5.106 and NPDES requirements for commercial projects within the San Jacinto, and Santa Ana River Watersheds. BMP design shall be in conformance with the Riverside County Flood Control LID Handbook. 44. Hydro modification / Hydraulic Conditions of Concern — The project shall limit disturbance of natural water bodies and drainage systems;, conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 45. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City's NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan Planning Commission Page 9 of 13 June 18, 2013 shall be kept updated as needed to address changing circumstances of the project site, be kept at the project site, and available for review upon request. 46.SWPPP - Prior to the issuance of any grading or building permits, the applicant shall demonstrate compliance with California's General permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to filing an NOI shall prepare and implement a Stormwater Pollution Prevention Plan ( SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 47. WQMP — Approval of a Final WQMP is required prior to the issuance of any grading or building permits. The project Final WQMP shall include: • Treatment of all runoff prior to entering the storm drain system, • Planting in the basin to improve infiltration, • Retention of parking area drainage, • Installation of a dry well to capture the low flows, and • Measures to address potential vector issues. 48.The Final Water Quality Management Plan (FWQMP) shall be submitted to Engineering Div. for review and approval. It shall be in substantial conformance with the approved preliminary WQMP, using the MS4 Permittee's WQMP Guidance Document and Template for submittal. 49. Parking Lot / Hardscape - Landscaping shall be designed to provide for treatment, retention or infiltration of run -on /run -off. Changes or additions to the project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 50. Table containing BMP's shall be included on the precise grading plan title sheet. 51. 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 Page 10 of 13 June 18, 2013 • 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 to the City a copy of the fully executed, recorded City approved Operations and Maintenance (O &M) Plan for all structural BMPs. • Demonstrate that a copy of the project's approved WQMP (with recorded O &M Plan attached) is available onsite. • 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 O &M Plan. A signed /sealed certification from the engineer of work dated 12 months after Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. IMPROVEMENTS: 52. 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. All improvements shall be in compliance with City Standards. 53. 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. 54.A California Registered Civil Engineer shall prepare the improvement plans required for this project. Improvements shall be designed and constructed to City of Lake Elsinore Standards latest edition, and City Codes (LEMC 12.04 and 16.34) PRIOR TO GRADING PERMIT 55.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) or alteration of drainage on the site. The plan shall include, as applicable, separate sheets for erosion control, haul route 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). 56. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 57. 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 Planning Commission Page 11 of 13 June 18, 2013 shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or topography shall be in compliance with federal, state and local law and be approved by the City Engineer. 58.The applicant 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). 59.All grading shall be done under the supervision of a geotechnical engineer. 60. 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. 61.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 62.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 63. Prior to issuance of a Grading Permit, applicant shall provide the City for review and approval a plan of all proposed haul routes to be used for movement of import or export material. Export sites located within the Lake Elsinore City limits must have an active grading permit. Public Noticing and City Council approval is required for haul routes of over 5,000 cubic yards. The cost of noticing shall be paid by the applicant. PRIOR TO BUILDING PERMIT 64. A grading permit shall be issued for the project. 65. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. PRIOR TO OCCUPANCY /FINAL APPROVAL: 66. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2 x 11" mylar) shall be submitted to the Engineering Division before final inspection will be scheduled. Planning Commission Page 12 of 13 June 18, 2013 67. All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 68. Applicant shall pay at the then effective rate all outstanding applicable processing and all citywide development impact fees in effect at the time of final approval or when paid in full including but not limited to: TUMF, MSHCP, TIF, DIF, Fire Facilities, Library, Stephens' Kangaroo Rat Habitat Conservation Plan (SKR HCP) and area drainage fee prior to occupancy /final approval. (Revised by City Council on July 9, 2013) 69.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. 70.All final studies and reports shall be submitted in .tif format on a CD /DVD. Studies and reports include Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 71. 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. Planning Commission Page 13 of 13 June 18, 2013