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HomeMy WebLinkAboutCC Reso No 2009-22 RESOLUTION NO. 2009-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2008-09 WHEREAS, Marinita Development Co., has filed an application requesting approval of Commercial Design Review No. 2008-09 for the design and development of a 34,194 square foot retail shopping center ("the Commercial Design Review"), which is located at the northwest corner of Lake and Mountain Streets; and WHEREAS, the City Council of the City of Lake Elsinore has the responsibility of making decisions for the Design Review of commercial projects; and WHEREAS, public notice of the Commercial Design Review has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on April 14, 2009 and May 12, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed request for Commercial Design Review No. 2008-09 Prior to a decision to approve the project. ect. The r City Council finds and determines that the Commercial Design Review request is consistent with the Lake Elsinore Municipal Code. SECTION 2. The City Council hereby finds and determines that Mitigated Negative Declaration No. 2008-10 for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 3. That in accordance with Section 17.82 of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review No. 2008-09: 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 Lake and Mountain Streets complies with the goals and objectives of the General Plan in that the approval of this neighborhood commercial shopping center 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. CITY COUNCIL RESOLUTION 2009-22 PAGE 2OF3 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 comer of Lake and Mountain Streets is appropriate to the site and surrounding developments in that the neighborhood commercial shopping center has been designed in consideration of the size and shape of the property. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The proposed Commercial Design Review located at the northwest corner of Lake and Mountain Streets as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the proposed Commercial Design Review located at the northwest corner of Lake and Mountain Streets has been reviewed and considered by the Planning Commission and City Council. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Commercial Design Review, the City Council hereby approves Commercial Design Review No. 2008-09. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 12th d of May 2009. ER MAGEE MAYOR ATTEST: GS Y1~/~ •_DEBORA THOMSEN GITY CLERK": CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2008-10 GENERAL PLAN AMENDMENT NO. 2008-01 ZONE CHANGE NO. 2008-02 CONDITIONAL USE PERMIT NO. 2008-15 VARIANCE NO. 2008-01 COMMERCIAL DESIGN REVIEW NO. 2008-09 UNIFORM SIGN PROGRAM NO. 2008-02 "LAKE STREET MARKET PLACE" GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants 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 implementation and construction of the proposed project. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PLANNING DIVISION 2. Approval of the identified project applications will lapse and be void unless building permits are issued within two (2) years, of the approved date. 3. The applicant shall comply with the City's Noise Ordinance. Except that all construction activity shall be limited to the hours of 7:00 A.M. to 5:00 P.M., Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 4. 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 and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124 (as amended by the Planning Commission at the January 20, 2008 meeting). 5. All loading zones shall be clearly marked with yellow striping and shall meet City standards for loading zones. 6. The applicant shall comply with all mitigation measures identified in Mitigated Negative Declaration No. 2008-10 and the Mitigation Monitoring Program prepared for the project requested herein. 7. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. I I 8. Prior to issuance of the first certificate of occupancy, the entire site parking lot, entry I driveways, erimeter and internal landscaping shall be cornPI P eted as indicated on the approved plans attached hereto, or a construction/site improvement phasing plan as CONDITIONS OF APPROVAL PAGE 2 OF 12 ~I LAKE STREET MARKETPLACE otherwise approved by the Community Development Director. 9. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 10. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 11. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 12.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 13.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. 14.No outdoor storage of materials/merchandise is permitted, including temporary storage in the off-loading area. 15. Security lighting shall be required. 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 lane of the fixture. The light fixture proposed shall be consistent with the architecture of the building. A Photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee. 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.All cornice elements and back sides of parapets exposed to public view shall be architecturally enhanced, subject to the review and approval of the Community Development Director or Designee. 18.The applicant shall add the proposed stone veneer to the cart corral pilasters, subject to the review and approval of the Community Development Director or Designee. 19.The applicant shall add architectural enhancements to elevations of the buildings identified i CONDITIONS OF APPROVAL PAGE 3OF12 LAKE STREET MARKETPLACE II as Shops 1' and "2" (i.e. additional stone veneer columns, brick towers, trellis structures, etc.), subject to the review and approval of the Community Development Director or Designee. 20.The applicant shall significantly enhance the architecture of the proposed building identified as Major 1", as it is positioned in a highly visible location at the corner of Mountain and Lake Streets. The enhancements shall be incorporated to all elevations of the building, and shall be subject to the review and approval of the Community Development Director or Designee, and may be brought back to the Planning Commission at the discretion of the Community Development Director. 21.All building signage shall comply with Uniform Sign Program No. 2008-02. 22.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. 23. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 24. The applicant shall install a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (the paver dimensions shall include curb width). 25.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 26.On-site landscaping shall be enhanced at all entry areas and major intersection and shall be subject to the review and approval of the Community Development Director or Designee. 27.The applicant shall construct a "terraced" block wall including a landscape planter area along the northwest property line adjacent to Shop No. 2. The landscape planter area shall include trees, shrubs, groundcover and irrigation to mitigate and minimize the appearance of an otherwise "large" block/retaining wall in this location. 28.Applicant shall meet ADA (Americans with Disabilities Act) requirements. 29.Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 30. No exterior roof ladders shall be permitted. 31.All service and loading doors shall be painted to match the building. F1 32. On-site surface drainage shall not cross sidewalks. CONDITIONS OF APPROVAL PAGE 4 OF 12 LAKE STREET MARKETPLACE PRIOR TO BUILDING/GRADING PERMITS 33. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the commercial shopping center requested herein. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 34.No building in the development shall be sold unless a corporation, association, property management group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall make the City a third party beneficiary to the CC&Rs and shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 35. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs for each project. 36. Membership in the Property Management Association shall be mandatory for each buyer, and successive buyer. 37. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established, which will cause a merging of all development phases as they are completed and embody one (1) property Maintenance with common area for the total development of the subject project. 38. In the event the association or other legally responsible person(s) fail to maintain said. common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose. a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 39. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. CONDITIONS OF APPROVAL PAGE 5 OF 12 i LAKE STREET MARKETPLACE 40.Prior to the issuance of a building permit, the Community Development Director or designee shall verify that the parapet walls for all buildings located within fifty feet (50'.) of the western and northern property lines have parapets that are at least five feet (5) in height to reduce the impacts of noise from air conditioning units and other roof-mounted equipment. 41. Prior to issuance of any grading y g g permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 42.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 forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a f maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade' tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. The landscape plan shall provide f g) p or 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 resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years CONDITIONS OF APPROVAL PAGE 6 OF 12 LAKE STREET MARKETPLACE with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 43.The Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 44. Prior to issuance of a Grading Permit the applicant shall pay the appropriate MSHCP Fee. 45. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 46. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 47.The Conditional Use Permit approved herein shall lapse and shall become void two (2) years following the date on which the use permit became effective, unless prior to the expiration of two (2) years a building permit is issued and construction commenced and diligently pursued toward completion on the site. 48.The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 49.The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 50.Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. F1 51.The hours of operation for the project shall be limited to the hours of operation expressed within the Business Plan submitted. CONDITIONS OF APPROVAL PAGE 7 OF 12 LAKE STREET MARKETPLACE 52. No deliveries shall be made to businesses within the project site between the hours of 12:00 am and 5:00 am. 53.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 54. No outdoor food vending shall be permitted with the proposed project. ENGINEERING DIVISION 55. Applicant shall dedicate full half width right-of-way along the project frontage of Lake Street.. Centerline to right-of-way shall be measured to be 60-feet. 56.Applicant shall construct full half width street cross section along Lake Street, consistent with the General Plan Circulation Element. Half width street shall measure 48-feet from the centerline of Lake Street to the face of curb adjacent to the project. Because of the Lake Street realignment, cash-in-lieu of construction payment will be accepted. The cash-in-lieu shall be based on an approved engineers cost estimate (as III^^^ amended by the Planning Commission direction at the January 20, 2008 meeting). I 57.Applicant shall construct an asphalt dyke along the project frontage of Lake Street as an L interim curb and gutter until such time as the vertical alignment can be corrected. 58. Applicant shall pay cash-in-lieu for the construction of the median on Lake Street along the project frontage. The project is responsible to pay for half the cost of construction for the median. 59.Applicant shall provide temporary channelizers in front of the project driveway to Lake Street. The channelizers shall be placed directly in front of the driveway along the centerline of Lake Street and shall extend 150-feet beyond the driveway apron. The channelizers shall be placed with a spacing of 15-feet on center. 60.Applicant shall provide a striping and signing plan for striping from the project's boundary to Lake Street. This plan shall be approved by the Traffic Engineer prior to issuance of the building permit. 61.Applicant shall align the Northerly driveway with Ginger Root Way as shown on the preliminary street improvement plan. 62.Applicant shall dedicate full half width right-of-way along Mountain Street. The street right- of-way shall measure 30-feet from the centerline of Mountain Street to the property line of the project. C 63.Applicant shall construct full half width street improvements along Mountain Street. Centerline to the curb-face adjacent to the project shall measure 20-feet. CONDITIONS OF APPROVAL PAGE 8 OF 12 r LAKE STREET MARKETPLACE 64.Applicant shall provide for onsite loading and unloading of inventory from the delivery trucks. 65.Applicant shall provide truck turning templates to show that onsite circulation will work for the anticipated types of delivery trucks. 66. Provide detention facility sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. 67.Applicant shall provide water quality control measures to comply with the Santa Ana Region Water Quality Control Board requirements for the San Jacinto Watershed area. These provisions shall treat all water leaving the site (as amended by the Planning. Commission at the January 20, 2008 meeting). 68.Applicant shall provide anti-graffiti coating or other method as approved by City staff on all exterior facing walls. 69.Applicant shall provide a native soil berm along the toe of slope along Lake Street and Mountain Street to capture potential erosion. 70. Sight distance for ingress / egress at all driveways shall be unobstructed. 71. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 72.AII interim street improvements on Lake Street and ultimate improvements on Mountain Street as described in these conditions of approval shall be installed and functioning prior to certificate of occupancy (as amended by the Planning Commission at the January 20, 2008 meeting). 73.Applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), Transportation Uniform Mitigation Fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. The fee amount to be paid shall be consistent with the current amount as stipulated in each fee ordinance. Any cash in lieu of construction payment for the ultimate Lake Street improvements paid to the City of Lake Elsinore shall be credited against the applicable TUMF and/or TIF collected at building permit. The applicant shall enter into a three (3) party agreement with Castle & Cooke and the City of Lake Elsinore for the construction of the ultimate Lake Street improvements (as amended by the Planning Commission at the January 20, 2008 meeting). 74.Applicant shall submit a 'Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for CONDITIONS OF APPROVAL PAGE 9 OF 12 LAKE STREET MARKETPLACE this project. Submit this letter prior to issuance of a building permit. 75.Applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of a building permit (LEMC 16.34). 76.Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 77.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate securities prior issuance of a building permit. 78.All 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 of public works improvements will be scheduled and approved. 79.The applicant shall install permanent surrey monuments in compliance with the City's municipal code except those lots created by the project's Lot Line Adjustment (as amended. by the Planning Commission at the January 20, 2008 meeting). 80.Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of a building permit. 81. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 82.Applicant shall provide fire protection facilities as required in writing by the Riverside County Fire Department. 83.Applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 84.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 85. Applicant shall submit a traffic control plan showing all permanent traffic control devices for the project to be approved prior to issuance of a building permit. All permanent traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking Signs for travel ways within the development. C 86. Construction traffic control plans shall be submitted to and approved by the City's Traffic Engineer prior to issuance of encroachment permit. The signal adjacent to the project adjacent to Lake Street and Mountain Street shall be relocated to it's ultimate location. The signal pole shall be sufficient to locate the signal heads with the ultimate lane configuration. CONDITIONS OF APPROVAL PAGE 10 OF 12 r LAKE STREET MARKETPLACE 87.AII improvement plans and rash aaaps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing (as amended by the Planning Commission at the January 20, 2008 meeting). 88.All utilities (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the serving utility. 89. Applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 90.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 91.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake j faults and/or liquefaction zones present on-site. 92.All grading shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to 1 shall be approved by the City Engineer and certified for stability and proper erosion control requirements by a licensed Geologist or licensed Geotechnical Engineer. All manufactured slopes greater than 30 ft. in height shall be contoured and have a six (6) foot wide bench with a three (3) foot wide terrace drain constructed for every thirty (30) vertical foot of slope. 93. Prior to commencement of grading operations, applicant shall provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 94.Applicant shall provide to the City a photographic baseline 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. 95. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent r property owners by a letter of drainage acceptance or conveyed to a drainage easement as applicable (as amended by the Planning Commission at the January 20, 2008 meeting). CONDITIONS OF APPROVAL PAGE 11 OF 12 LAKE STREET MARKETPLACE 96. dFainage easements shewn 9R the final Fnap. A note shouldd -hA- ardid_Aed to the final Fnap 6tatingi "DFainage easements shall be kept ffee of buildings aRd 9bStFUGtiOR6". ( amended by the Planning Commission at the January 20, 2008 meeting). as 97.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 98.Applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 99. Applicant shall meet all requirements of LEMC 15.68 regarding flood plain management. 100. Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District as a submittal requirement of the rough grade plan check. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 101. All drainage facilities in this site shall be constructed to Riverside County Flood Control ty District Standards. P1 102. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 103. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street e seet right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 104. A drainage acceptance letter shall be required from the downstream property owners for out-letting the proposed storm water run-off on private property if the flows are inconsistent with the historic flow details. 105. Applicant shall install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 106. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their Stormwater Pollution Prevention Plan in the San Jacinto Watershed Area including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities (as amended by the Planning Commission at the January 20, 2008 meeting). 107. Education guidelines and Best Management Practices (BMP) shall be provided to the manager of the business in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. CONDITIONS OF APPROVAL PAGE 12 OF 12 it LAKE STREET MARKETPLACE 108. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. These provisions include the development and compliance with a Water Quality Management Plan (WQMP). 109. Driveway intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 110. Reciprocal access agreements shall be processed with adjacent property owners as applicable (as amended by the Planning Commission at the January 20, 2008 meeting). 111. All waste material, debris, vegetation and other rubbish generated during cleaning,. demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. ADMINISTRATIVE SERVICES DEPARTMENT 112. Prior to approval of the €iaal-AAap, Site Development Plan, Special or Conditional Use Permit or building permit (as applicable), the applicant shall participate in the Public Safety and Maintenance Services Mello-Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the legal process to participate in the CFD. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson(&harris-assoc.com (as amended by the Planning Commission at the January 20, 2008 meeting). COMMUNITY SERVICES DEPARTMENT 113. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. 114. Developer shall participate in the City-wide Landscape and Lighting Maintenance District. 115. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 116. The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. CITY COUNCIL RESOLUTION 2009-22 PAGE 3 OF 3 APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-22 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 12th day of May 2009, and that the same was adopted by the following vote: AYES: Mayor Robert E. Magee, Mayor Pro Tern Melissa Melendez, _ Councilwoman Amy Bhutta, Councilman Daryl Hickman NOES: None ABSENT: Councilman Thomas Buckley I ABSTAIN: None c ZIA1 Wd" = DEBORA THOMsr=w CITY CLERK I _