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HomeMy WebLinkAboutPC Reso No 2013-63RESOLUTION NO. 2013 -63 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF INDUSTRIAL DESIGN REVIEW NO. 2013 -01, FOR A 7,500 SQUARE FOOT ADDITION TO THE EXISTING THERMAL ELECTRONICS, INC. INDUSTRIAL BUILDING LOCATED AT 403 MINTHORN STREET (APN: 377 - 220 -017, 028, & 029) WHEREAS, Konrad Rieger / Rieger and Associates, filed an application with the City of Lake Elsinore requesting approval of Industrial Design Review No. 2013 -01 ( "the Project "), and WHEREAS, the Developer proposes the Project on property located at 403 Minthorn Street, also known as Assessor's Parcel No.'s 377 - 220 - 017,028, and 029 ( "Site "); and WHEREAS, the Developer proposes a 7,500 square -foot industrial building addition, related improvements, parking, and landscape to an existing Industrial building; 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 industrial projects; and WHEREAS, on July 16, 2013 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. The Planning Commission has considered the Industrial Design Review prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds that the Industrial 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 the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines ") pursuant to a Class 32 categorical exemption for in -fill development projects. Specifically, the Planning Commission finds that the Project: PLANNING COMMISSION RESOLUTION NO. 2013 -63 PAGE 2OF4 Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. 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 currently consists of a paved parking area and 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. 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 Industrial Design Review 2013 -01: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, and the Zoning District in which the Project is located. The 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 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the industrial shell 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 development. In addition, safe and efficient circulation has been achieved onsite. The Project will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing project through the use of architectural design that is similar to existing building on site. Matching of materials and colors are proposed including sandblasted panels that blend with the surrounding developments and provide evidence of a concern for quality and originality. PLANNING COMMISSION RESOLUTION NO. 2013 -63 PAGE 3OF4 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. 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 July 16, 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 Industrial Design Review No 2013 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 16th day of July 2013. 2vzz� `-` i ZZ4� Rick Morsch, Chairman City of Lake Elsinore ATTEST: r, Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013-63 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -63 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of July, 2013 and that the same was adopted by the following vote: AYES CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J. MacHott, LEED Green Associate Planning Manager CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013-01 PLANNING DIVISION 1. The proposed project (Thermal Electronics Inc.) consists of a 7,500 square foot addition to the existing Industrial building, parking, landscaping and related associated improvements located at 403 Minthorn Street (APN 377 - 220 -017, 028, & 029). 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. Design Review approval for Industrial Design Review No. 2013 -01 will lapse and be void unless a building permit is issued within two (2) years of the approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review approval. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. GENERAL CONDITIONS 4. 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. 5. 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. 6. All conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. 7. All site improvements shall be constructed as indicated on the approved site plan and elevations. Minor revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 8. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. Planning Commission Approved Page 1 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013 -01 9. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 10.The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 11.AI1 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. Screening plans shall be approved by the Community Development Director, prior to issuance of building permit. 12. All loading zones shall be clearly marked with yellow striping and shall meet City Standards. 13. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.184 (Design Review) of the Lake Elsinore Municipal Code. Any modification to these conditions of approval shall be reviewed and approved by the Planning Commission and /or City Council, as appropriate. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15.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. 16.All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 17.Any additional building signage shall comply with Chapter 17.196.200; (Signs in the Industrial Districts) of the Lake Elsinore Municipal Code (LEMC). 18.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. 19. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 20.Applicant shall meet ADA (Americans with Disabilities Act) requirements. Planning Commission Approved Page 2 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013 -01 21. No exterior roof ladders shall be permitted. 22.All service and loading doors shall be painted to match the building. 23. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING /GRADING PERMITS 24. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 25. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the City of Lake Elsinore Fire Marshal have been met. 26.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. 27.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. The Landscape Plan check fee in effect at the time of landscaping /irrigation plan submittal shall be submitted concurrently with the submittal of landscaping /irrigation plans to the Community Development Department — Planning Division for review. • 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. • Applicant shall plant street trees selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty- four -inch (24 ") box in size. • All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. • Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). Planning Commission Approved Page 3 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013 -01 • Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. • Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. • The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought tolerant plantings with combination drip irrigation system to be used to prevent excessive watering. • 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. • All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. • Final landscape plan must be consistent with approved site plan. BUILDING AND SAFETY DIVISION 28.Any and all existing or proposed floor elevation changes shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 29.Any and all tenant improvements shall be in compliance with the 2010 Uniform Building Code. 30. All conditions of approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. Planning Commission Approved Page 4 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013-01 CITY OF LAKE ELSINORE FIRE MARSHAL 31. 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 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., Lake Elsinore, CA 92530. Phone: (951) 671 -3124 Ext. 225, Fax: (951) 471- 1419. 32. 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 City of Lake Elsinore Fire Marshal. 33. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 3, 500 GPM for 3 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 (6" x 4" x 2" x 2. ") 210 feet and 350 feet maximum distance from any point on the street or road frontage to hydrant. 34.Automatic / Manual Gates- Gate(s) shall be automatic or manual operated, minimum 20 feet width, with a setback of 35 feet from face of curb /flow line. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic /manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Contact the City Fire Marshal office for current plan check fees. PRIOR TO BUILDING PERMIT ISSUANCE 35. Plan Check Fee- Building plan check fee made payable to "The City of Lake Elsinore ", and shall be submitted to the Fire Department at time plans are submitted. 36.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. Planning Commission Approved Page 5 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013 -01 PRIOR TO BUILDING FINAL INSPECTION 37. Fire Sprinkler System 13- Install a complete fire sprinkler system designed in accordance with California Building Code, California Fire Code and adopted standards. Sprinkler systems with pipe sizes larger than 4 inches in diameter will require the Engineer or Architect of Record certification with details and calculations with "wet signature" that the building structural system is designed to support the seismic and gravity loads for the support the additional weight of the sprinkler system. The PIV and FDC shall be located to the front of the building in an approved location, unobstructed and within 50 feet of an approved road or driveway, within 200 feet of a hydrant. A C -16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 38. 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. 39. Fire Extinguishers — Minimum Install portable fire extinguishers complying with Section 906 of the 2010 California Fire Code with a minimum rating of 2A -10BC and signage. 40. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48 inches to center above floor level with maximum 4- inch projection from the wall. Contact Fire Dept. for proper placement of equipment prior to installation. 41.Aboveground Hazardous Materials Tank Permits- Applicant/developer shall be responsible for obtaining permits from the Lake Elsinore Fire Protection Planning Department for aboveground fuel storage tanks in accordance with The California Fire Code. At least three copies of plans and specification sheets must be submitted to the Fire Department for review and approval prior to installation. Aboveground fuel tanks shall be tested and labeled to UL 2085 Protected Tank Standard. The test must include the Projectile Penetration Test and the Heavy Vehicle Impact Test. A copy of the tank testing label from an independent test laboratory must be included with the plan submittal. Current plan check fee is $584.00 for the first tank and $149.00 for each additional tank. ENGINEERING DEPARTMENT PRIOR TO OCCUPANCY /FINAL APPROVAL: 42.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. Planning Commission Approved Page 6 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013-01 43. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 44.All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer. 45.All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 46.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 47.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. 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. 48.The applicant shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Riverside County Standards. 49. 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. 50. Sight distance into and out of this project location shall comply with CALTRANS Standards. FEES: 51.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 Planning Commission Approved Page 7 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013 -01 FLOOD PLAIN: 52. Project lies within a FEMA mapped special flood hazard zone and will require an Elevation Certificate prior to Occupancy. 53. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES 54.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. 55. 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 residential, industrial and commercial projects within the San Jacinto, and Santa Ana River Watersheds. 56. Hydromodification / 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. 57. 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 (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. 58.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 (NO[) 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 NO[ 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. Projects that are not subject to coverage under the General Permit — Construction will prepare and implement an Erosion and Sediment Control Plan in compliance with the California Building Code and Local Ordinances. Planning Commission Approved Page 8 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013-01 59. 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. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as applicable, kept updated as needed to address changing circumstances of the project site, be kept at the project site and available for review upon request. 60.The project shall implement LID practices that treat the 85th percentile storm in the priority order as follows: • Infiltrate • Harvest and use • Evapotranspire and /or biotreat • Treat ALL pollutants of concern and discharge (applicable to projects discharging to Lake Elsinore for recharge) 61. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 62.WQMP — A Preliminary and Final WQMP are required. The project will comply with all practices set out in the Approved WQMP. Prior to the issuance of any grading or building permits, the applicant shall submit for review and approval by the City Engineer, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control identified pollutants of concern. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan (DAMP), LID Guidance Manual for reference, and the MS4 Permittee's WQMP Guidance Document and Template for submittal. This WQMP shall include the following: • Detailed site and project description • Potential stormwater pollutants • Post - development drainage characteristics Planning Commission Approved Page 9 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013 -01 • Low Impact Development (LID) BMP selection and analysis • Structural and Non - Structural source control BMPs • Site design and drainage plan (BMP Exhibit) • Vector issues are addressed in the BMP design, operation and maintenance. • GIS coordinates for all LID and Treatment Control BMPs • HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. Design goal to replicate pre - development hydrologic regime. • Operation and Maintenance (O &M) Plan & Agreement (using City format) that (1) describes the long -term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that will be responsible for long -term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long -term operation and maintenance of the referenced BMPs 63. 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. • 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 O &M Plan. A signed /sealed certification from the engineer of work dated 12 months after CofO will be considered in lieu of a Special Investigation by the City. • Provide a recorded copy of one of the following: Planning Commission Approved Page 10 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013-01 1. CC &R's (they must include the approved WQMP and O &M Plan) for the project's Home Owners Association. 2. A water quality implementation agreement has the approved WQMP and O &M Plan attached; or 3. The final approved Water Quality Management Plan and Operations and Maintenance Plan. 64. Chemical management - Prior to the issuance of building permits for any tank or pipeline, the uses of said tank or pipeline shall be identified and the applicant shall submit a Chemical Management Plan in addition to a WQMP with all appropriate measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) in a manner meeting the satisfaction of the Riverside County Fire Marshal and wastewater agencies, as appropriate, to ensure implementation of each agency's respective requirements. A copy of the approved "Chemical Management Plans" shall be furnished to the NPDES Coordinator prior to the issuance of any Certificates of Use and Occupancy 65.Industrial Facilities - For industrial facilities subject to California's General Permit for Stormwater Discharges Associated with Industrial Activity as defined by Standard Industrial Classification (SIC) Code. • Prior to grading or building permit close -out and /or the issuance of a certificate of use and occupancy, 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 notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City's NPDES Coordinator. IMPROVEMENTS: 66.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. 67.The owner shall dedicate in fee title to the City a total right -of -way of 45' wide from centerline to the project property line on Collier Avenue. 68.Applicant shall construct half width street improvements on Collier Avenue along the improvement frontage to the Ultimate cross section on the southwest side. Improvements to be constructed from the southerly property line to the northerly property line to include Planning Commission Approved Page 11 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013-01 commercial driveway at main access. (Amended at Planning Commission on July 16, 2013) 69.Applicant eba4 may pay in -lieu construction fees for curb, gutter & sidewalk on Collier Avenue along the property frontage. (Amended at Planning Commission on July 16, 2013) 70.All improvements must comply with ADA standards. 71.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) 72.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. Cut and fill quantities shall be included. The plan shall include 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). 73.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 74. 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 in compliance with federal, state and local law and be approved by the City Engineer. 75.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). 76.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. 77.Applicant shall execute and submit grading and erosion control agreement, post grading Planning Commission Approved Page 12 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013-01 security and pay permit fees as a condition of grading permit issuance. 78.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 79. 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. 80.Applicant shall pay all grading permit applicable processing, permit, security and development fees including Stephens Kangaroo Rat Habitat prior to issuance of the grading permit. PRIOR TO BUILDING PERMIT 81. The owner shall process through the City Engineering Division for plan check, approval and recordation of a parcel merger or lot line adjustment for the affected properties so that building footprints do not cross parcel lines. (Amended at Planning Commission on July 16, 2013) 82.All required public right -of -way dedications and easements shall be prepared by the applicant or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 83. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses (where the proposed improvements will store, generate or handle hazardous materials in quantities that will require permitting and inspection once operational), the applicant shall propose plans and measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the County /City Building Official(s). 84.Applicant shall pay all applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, and area drainage. Planning Commission Approved Page 13 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013 -01 PRIOR TO OCCUPANCY /FINAL APPROVAL: 85.Applicant shall provide FEMA elevation certificates for all buildings (includes trailers and storage facilities) prior to final approvals. If a LOMR -F has been processed and approved by FEMA, certification may be in the form of a letter signed and sealed by a licensed civil engineer. 86. 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. 87.All required public right -of -way dedications, easements, dedications 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. 88. 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. 89.All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 90. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, applicant shall: • Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; • Demonstrate that they are prepared to implement all non - structural BMPs included in the conditions of approval or building /grading permit conditions; • Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners /occupants; and • The applicant shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. Planning Commission Approved Page 14 of 15 July 16, 2013 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL INDUSTRIAL DESIGN REVIEW NO. 2013-01 91. The property owner shall execute and cause to be recorded a "Covenant and Agreement" in the form provided by the City to inform future property owners of the requirement to implement the approved final project - specific WQMP. 92.Applicant shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens' Kangaroo Rat Habitat Conservation Plan and area drainage prior to occupancy /final approval. 93.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. 94.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. Planning Commission Approved Page 15 of 15 July 16, 2013