HomeMy WebLinkAboutPC Reso No 2009-09
n
II
n
RESOLUTION NO. 2009-09
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2008-01
WHEREAS, Marinita Development Co., has filed an application requesting
approval of Variance 2008-01 for the increase in the permitted height of a proposed on-
site retaining wall height from eight feet (8') to a maximum of twenty feet (20') (the
"Variance") for property located at the northwest corner of Lake and Mountain Streets
(the "Site"); and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of approving Variances for the requirements of the
Zoning Code; and
WHEREAS, public notice of the Variance has been given, and the Planning
Commission has considered evidence presented by the Community Development
Department and other interested parties at a public hearing held with respect to this
item on January 20, 2009.
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 Variance No. 2008-01. The Planning Commission finds and determines that the
Variance request is consistent with the Lake Elsinore Municipal Code.
SECTION 2. The Planning Commission 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 Planning Commission 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.
tt
SECTION 3. That in accordance with Chapter 17.76 of the Lake Elsinore
Municipal Code, the Planning Commission makes the following findings for the approval
of Variance 2008-01:
1. That adequate conditions and safeguards pursuant to Section. 17.76.050 have
been incorporated into the approval of the Variance to insure development of the
property in accord with the objectives of the General Plan and Zoning District for
which the site is located.
The proposed Variance located at the northwest comer of Lake and Mountain
Streets complies with the goals and objectives of the General Plan and Zoning
Code in that the approval of this increase in the proposed on-site retaining wall
height from eight feet (8) to a maximum of twenty feet (20) will assist in
II
n
n
PLANNING COMMISSION RESOLUTION 2009-09
PAGE 2 OF 4
achieving the development of a well-balanced and functional mix of residential,
commercial, industrial, open space, recreational and institutional land uses as
well as encourage commercial land uses to diversify Lake Elsinore's economic
base.
Further, adequate conditions and safeguards pursuant to Section 17.76.050 of
the Lake Elsinore Municipal Code, have been incorporated in the approval of the
variance to insure development of the property in accord with the objectives of
the General Plan (as amended) and the purpose of the Zoning District (as
changed) in which the site is located. Approval of the Variance will allow the
project to be built in accordance with ultimate building location, site design and
development standard requirements and still maintain development consistency
with other automotive dealerships in the immediate area.
2. That there are special circumstances, pursuant to the purpose of this Chapter,
applicable to the subject property which do apply generally to other properties in
the neighborhood, and, therefore, granting of the Variance shall not constitute a
grant of special privilege inconsistent with the limitations upon other properties in
the vicinity and district in which the subject property is located.
The proposed Variance located at the northwest comer of Lake and Mountain
Streets is appropriate to the site and surrounding developments in that the
proposed increase in wall height has been designed in consideration of the size
shape and topography of the property, thereby creating interest and varying
vistas as a person moves along the street. The Variance as proposed, including
a terraced wall and landscaping, will complement the quality of existing
development and will create a visually pleasing, non-detractive relationship
between the proposed and existing projects in that the wall placement,
construction, design, color and materials will not constitute a grant of special
privileges inconsistent with the limitations upon other properties in the vicinity and
district in which the subject project is located.
3. That in approving the Variance, any reductions authorized from the strict
interpretation of the Zoning Ordinance represents the minimum deviation from
the Code necessary to fulfill the purpose of this Chapter and enable reasonable
development of the property.
In granting an increase in the proposed on-site retaining wall height from eight
feet (8') to a maximum of twenty feet (20'), the City has determined that the
request for a variance will represent the minimum deviation from the Code
necessary to fulfill the purpose of this Chapter and enable reasonable
development of the property.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the conditions of approval imposed upon the Variance, the Planning Commission
hereby approves Variance No. 2008-01.
n
n
n
PLANNING COMMISSION RESOLUTION 2009-09
PAGE 3 OF 4
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED on this 20th day of January 2009.
~Q~~~
Axel ~ Ii, Cha an
City of Lake Elsinore
ATTEST:
~LO'
Tom Weiner
Acting Director of Community Development
n
n
n
PLANNING COMMISSION RESOLUTION 2009-09
PAGE 4 OF 4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
)
)ss.
)
I, TOM WEINER, Acting Director of Community Development of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2009-09 was adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 20th
day of January 2009, and that the same was adopted by the following vote:
AYES:
CHAIRMAN AXEL ZANELLI, COMMISSIONER'S JOHN
GONZALES, AND MICHAEL O'NEAL
VICE-CHAIRMAN JIMMY FLORES, COMMISSIONER PHIL
MENDOZA
NOES:
ABSENT:
ABSTAIN:
-d~~Q
Tom Weiner
Acting Director of Community Development
n
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
n
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.
In
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.
8. Prior to issuance of the first certificate of occupancy, the entire site parking lot, entry
driveways, perimeter and internal landscaping shall be completed as indicated on the
approved plans attached hereto, or a construction/site improvement phasing plan as
CONDITIONS OF APPROVAL
PAGE 2 OF 12
LAKE STREET MARKETPLACE
n
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.
1 O.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.
II
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 plane 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.AII 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.
n
18. The applicant shall add the proposed stone veneer to the cart corral pilasters, subject to the
review and approval of the COlIlmunity Development Director or Designee.
19. The applicant shall add architectural enhancements to elevations of the buildings identified
CONDITIONS OF APPROVAL
PAGE 3 OF 12
lAKE STREET MARKETPLACE
n
as Shops "1" and "2" (Le. 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.AII building signage shall comply with Uniform Sign Program No. 2008-02.
22.AII 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).
n
25.AII 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, ground cover 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.AII service and loading doors shall be painted to match the building.
n 32. On-site surface drainage shall not cross sidewalks.
PRIOR TO BUilDING/GRADING PERMITS
CONDITIONS OF APPROVAL
PAGE 4 OF 12
LAKE STREET MARKETPLACE
n
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.
n
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.ln 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.
n
39. Each building owner shall have full access to commonly owned areas (parking), facilities
and utilities.
40. Prior to the issuance of a building permit, the Community Development Director or
CONDITIONS OF APPROVAL
PAGE 5 OF 12
nLAKE STREET MARKETPLACE
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 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.
n
b)
Applicant shall plant street trees selected from the City's Street Tree List, a
maximum of forty feet (40') 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.
g) 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 resistant plantings with
combination drip irrigation system to be used to prevent excessive watering.
n
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
with approval/acceptance by the Landscape Consultant and Community
Development Director or Designee.
_____---.J
CONDITIONS OF APPROVAL
PAGE 6 OF 12
LAKE STREET MARKETPLACE
n
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.
j) 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.
n
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.
51. The hours of operation for the project shall be limited to the hours of operation expressed
within the Business Plan submitted.
In
I
52. No deliveries shall be made to businesses within the project site between the hours of
12:00 am and 5:00 am.
CONDITIONS OF APPROVAL
PAGE 7 OF 12
LAKE STREET MARKETPLACE
n
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 50-feet.
55. 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 Lakeshore Drive to the face of curb adjacent to the project. Because of the
Lake Street realignment, cash-in-lieu of construction will be accepted. The cash-in-Iieu
shall be based on an approved engineer's estimate.
57. Applicant shall construct an asphalt dyke along the project frontage of Lake Street as an
interim curb and gutter until such time as the vertical alignment can be corrected.
n
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.
50. 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.
51.Applicant shall align the Northerly driveway with Ginger Root Way as shown on the
preliminary street improvement plan.
52. Applicant shall dedicate full half width right-of-way along Mountain Street. The street right-
of-way shall measure 3D-feet from the centerline of Mountain Street to the property line of
the project.
n
53. Applicant shall construct full half width street improvements along Mountain Street.
Centerline to the curb-face adjacent to the project shall measure 20-feet.
54. Applicant shall provide for onsite loading and unloading of inventory from the delivery
trucks.
CONDITIONS OF APPROVAL
PAGE 8 OF 12
LAKE STREET MARKETPLACE
n
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. These provisions shall treat all water
leaving the site.
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 I egress at all driveways shall be unobstructed.
n
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 street improvements as described in these conditions of approval shall be installed and
functioning prior to certificate of occupancy.
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.
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
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).
n
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
~n
,
11
I
,
n
n
CONDITIONS OF APPROVAL
PAGE 9 OF 12
lAKE STREET MARKETPLACE
improvements and shall post the appropriate securities prior issuance of a building permit.
78.AII compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 y," 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 survey monuments in compliance with the City's
municipal code.
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.
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.
87.AII improvement plans and tract maps 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.
88.AII 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
CONDITIONS OF APPROVAL
PAGE 10 OF 12
LAKE STREET MARKETPLACE
n
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
faults and/or liquefaction zones present on-site.
92.AII 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.
n
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
property owners by a letter of drainage acceptance or conveyed to a drainage easement.
96. On-site drainage facilities located outside of road right-of-way should be contained within
drainage easements shown on the final map. A note should be added to the final map
stating: "Drainage easements shall be kept free of buildings and obstructions".
97.AII 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.
n
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.
CONDITIONS OF APPROVAL
PAGE 11 OF 12
LAKE STREET MARKETPLACE
n
101. All drainage facilities in this site shall be constructed to Riverside County Flood Control
District Standards.
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 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.
n
106. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for
their stormwater pollution prevention plan 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.
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.
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 CAL TRANS 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.
n 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.
CONDITIONS OF APPROVAL
PAGE 12 OF 12
LAKE STREET MARKETPLACE
n
ADMINISTRATIVE SERVICES DEPARTMENT
112. Prior to approval of the Final Map, 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.
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.
n
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.
n