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HomeMy WebLinkAbout14-240 CDR No. 2014-01CITY OF LADE I LSII` ORX rr DREAM EXTREME. CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: Honorable Chairperson Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: August 19, 2014 PROJECT: Commercial Design Review No. 2014 -01, Conditional Use Permit No. 2014 -01 & Variance No. 2014 -01 - A request by California Gold Development for the development of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377 - 120 -002 & 038). APPLICANT Jim Todd, California Gold Development, 133 Old Wards Ferry Road, Sonora, CA 95370 OWNER: Debra Wong, RKW & MLW Elsinore, LP, 1080 N. Batayia Street, Ste.K, Orange, CA 92867 Recommendation Resolution No. 2014 -_; A Resolution of the Planning Commission of the City Of Lake Elsinore, California Regarding a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377 - 120 -002 & 038), Adopting Mitigated Negative Declaration No. 2014 -01 for Conditional Use Permit No. 2014 -01 and Variance No. 2014 -01; and Recommending to the City Council of the City of Lake Elsinore Adoption of Mitigated Negative Declaration No. 2014 -01 for Commercial Design Review No. 2014 -01. 2. Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377 - 120 -002 & 038), Adopting Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) for Conditional Use CDR No. 2014 -01, CUP 2014 -01 & VAR 2014 -01 August 19, 2014 Page 2 of 5 Permit No. 2014 -01 and Variance No. 2014 -01; and Recommending to the City Council of the City of Lake Elsinore Adoption of Findings of Consistency with the MSHCP for Commercial Design Review No. 2014 -01. 3. Resolution No. 2014 -_; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving Variance No. 2014 -01 Related to a Reduction in the Required Setbacks and Landscaping Adjacent to Collier Avenue and Enterprise Way for a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) and Enterprise Way (APN 377 -120- 002 & 038). 4. Resolution No. 2014- ; A Resolution of the Planning Commission of the City Of Lake Elsinore, California, Approving Conditional Use Permit No. 2014 -01 for a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR -74) And Enterprise Way (APN 377 - 120 -002 & 038). 5. Resolution No. 2014 -_; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Commercial Design Review No. 2014 -01 for a Tractor Supply Company Retail Store located at the Northwestern Corner of Collier Avenue (SR- 74) and Enterprise Way (APN 377- 120 -002 & 038). Proiect Request & Location The proposed project includes the construction of a Tractor Supply Company retail store consisting of an 18,800- square -foot retail building; two drainage basins (8,000 and 2,100 square feet); permanent 15,000 square feet of outdoor display; perimeter landscaping; and accompanying parking areas with 97 parking spaces at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377 - 120 -002 & 038). Two driveways are proposed off Enterprise Way and one driveway is proposed off Collier Avenue (SR -74). All proposed structural improvements on the project site have been designed to comply with the standards contained in the City of Lake Elsinore's Zoning Code (Title 17 of the Lake Elsinore Municipal Code). The project's landscape features will include trees, shrubs, vines, and decorative groundcover and surfaces. CDR No. 2014 -01, CUP 2014 -01 & VAR 2014 -01 August 19, 2014 Page 3 of 5 Environmental Setting Architecture /Colors and Materials The building is mainly comprised of a combination of smooth lap siding, stone veneer and metal roofing. The building is articulated using a metal canopies to achieve interest. The building's roofline has been broken up with varying parapet heights and a peaked entry. As shown on the attached color elevations and color and materials board, the applicant is proposing multiple colors on the building including: Walls: Sherwin Williams Paint — "Urban Putty" Sherwin Williams Paint — "Sanderling" Sherwin Williams Paint — "Safety Red" Eldorado Stone Veneer — "Savannah Eldorado Stone Sill Cap — "Buckskin" Awnings: Metal Roofing — Galvanized Steel Powder Coat — Black The contrasting colors are complimentary and have been chosen to enhance the architectural elements on the building. The slightly tinted window glazing will further serve to compliment the building's color scheme. EXISTING LAND GENERAL PLAN ZONING USE Project Site Vacant Limited Industrial C -M (Commercial Manufacturing) Northwest Vacant Limited Industrial C -M (Commercial Manufacturing) & M -1 (Limited Manufacturing) Southwest Commercial, Limited Industrial C -M (Commercial Industrial Park, Manufacturing) & M -1 Towing Yard, (Limited Manufacturing) Auto Wrecking Northeast Cemetery, Light Public Institutional PI (Public /Institutional) Industrial & M -2 (General Manufacturing) Southeast Commercial and Public /Institutional and PI (Public /Institutional) Cemetery General Commercial and C -2 (General Commercial) Architecture /Colors and Materials The building is mainly comprised of a combination of smooth lap siding, stone veneer and metal roofing. The building is articulated using a metal canopies to achieve interest. The building's roofline has been broken up with varying parapet heights and a peaked entry. As shown on the attached color elevations and color and materials board, the applicant is proposing multiple colors on the building including: Walls: Sherwin Williams Paint — "Urban Putty" Sherwin Williams Paint — "Sanderling" Sherwin Williams Paint — "Safety Red" Eldorado Stone Veneer — "Savannah Eldorado Stone Sill Cap — "Buckskin" Awnings: Metal Roofing — Galvanized Steel Powder Coat — Black The contrasting colors are complimentary and have been chosen to enhance the architectural elements on the building. The slightly tinted window glazing will further serve to compliment the building's color scheme. CDR No. 2014 -01, CUP 2014 -01 & VAR 2014 -01 August 19, 2014 Page 4 of 5 Variance Request The subject property has a unique setting given that it has existing power lines located on the property's frontage along State Route 74 (Collier Avenue). In order to obtain additional right -of -way along State Route 74 a reduction in the setback and landscaping is required in order to work around the existing power lines. For this reason, the applicant has submitted an application for Variance No. 2014 -01. The reduced landscaping will provide sufficient landscaping that will be compatible with the landscaping on nearby development properties. The reduced setback and landscaping are the minimal reduction possible that will still enable the project to dedicate the additional right -of -way needed along both Collier Avenue (SR -74) and Enterprise Way. The reduced landscaping will provide sufficient landscaping that will be compatible with the landscaping on nearby development properties. Analysis The proposed Tractor Supply Company retail store has been found in conformance with all applicable development standards of the Lake Elsinore Municipal Code. In addition, the project has been designed with enhanced architectural characteristics such as raised parapets, and varying color treatments and materials, to create interesting building elevations. The Design Review Committee that includes staff from Planning, Building and Safety, Fire and Engineering have reviewed the requested Design Review application, recommended applicable conditions of approval, and support the application. Environmental Determination The City conducted an Initial Study to determine if the Project would result in significant impacts on the environment. Based upon the results of the Initial Study, there was substantial evidence that any potential impacts to the environment associated with the Project could be mitigated to less than significant levels. For this reason, Mitigated Negative Declaration No. 2014 -01 was prepared in conformance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines ") and applicable requirements of the City of Lake Elsinore, to disclose potential environmental impacts and to propose mitigation for those impacts. City staff received only one comment letter (from the Pechanga Band of Luiseno Indians) on the MND during the 30 -day public review comment period which began on CDR No. 2014 -01, CUP 2014 -01 & VAR 2014 -01 August 19, 2014 Page 5 of 5 July 7, 2014, and ended on August 5, 2014. A copy of the comment letter is attached to this staff report. Prepared By: Richard J. MacHott, LEED Green Associate Planning Manager Approved By: Grant Taylor, Community Development Director Attachments: 1. Vicinity Map 2. Aerial Photo 3. Planning Commission Resolutions 4. Conditions of Approval 5. Initial Study for Mitigated Negative Declaration No. 2014 -01 6. Mitigation Monitoring & Reporting Program 7. Comment Letter from Pechanga Band of Luiseno Indians dated August 5, 2014 8. Color Elevations 9. Color and Materials Board 10. Projects Plans 24" X 36 ": Site, Conceptual Grading Plan and Colored Elevations VIC IN ITY MAP COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 2014-01 CITY OF^ L A K-E L S If 10 RE DREAM EXTREME AERIAL PHOTO COMMERCIAL DESIGN REVIEW NO. 2014-01 CONDITIONAL USE PERMIT NO. 2014-01 VARIANCE NO. 201-4-01 CITY 0 F LAKE c LSINORE DREAM EXTPEVE RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING A TRACTOR SUPPLY COMPANY RETAIL STORE LOCATED AT THE NORTHWESTERN CORNER OF COLLIER AVENUE (SR -74) AND ENTERPRISE WAY (APN 377 - 120 -002 & 038), ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2014 -01 FOR CONDITIONAL USE PERMIT NO. 2014 -01 AND VARIANCE NO. 2014 -01; AND RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2014- 01 FOR COMMERCIAL DESIGN REVIEW NO. 2014 -01. WHEREAS, California Gold Development, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2014 -01, Conditional Use Permit No. 2014 -01 and Variance No. 2014 -01 ( "Project ") for the approval of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (the "project "); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines ") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate Mitigated Negative Declaration No. 2014 -01 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, pursuant to CEQA Guidelines Section 15072, on July 7, 2014 the City duly issued a notice of intent to adopt the Mitigated Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines Section 15073, the Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on July 7, 2014, and ending on August 5, 2014, and PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 2 OF 4 WHEREAS, a Mitigation Monitoring and Reporting Program ( "MMRP ") for the Project has been prepared in accordance with Section 21081.6 of CEQA; and WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) and LEMC Chapter 17.172 (Variances) the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits and variances; and WHEREAS, pursuant to LEMC Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the Design Review of commercial projects; and WHEREAS, on August 19, 2014 at a duly noticed public hearing the Planning Commission has 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 foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby finds that the Mitigated Negative Declaration 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; and recommends to the City Council that it make the same finding. 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. SECTION 4. The Planning Commission further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Mitigated Negative Declaration are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. SECTION 5. The Planning Commission hereby makes, adopts, and incorporates the following findings regarding the lack of potential environmental impacts of the Project and the analysis and conclusions set forth in the Mitigated Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study was released for public review and mitigation measures set forth in the Initial Study would avoid the PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 3 OF 4 effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced to less than significant levels. 2. There is no substantial evidence, in the light of the whole record before the agency including the initial study and any comments received, that there is no substantial evidence that the Project will have significant effect on the environment. Pursuant to the evidence received, including comment letters, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby adopts Mitigated Negative Declaration No. 2014 -01 and the MMRP for Conditional Use Permit No. 2014- 01 and Variance No. 2014 -01. SECTION 7. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt Mitigated Negative Declaration No. 2014- 01 and the MMRP for Commercial Design Review No. 2014. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of August 2014, by the following vote: John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014- as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19th day of August 2014, and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING A TRACTOR SUPPLY COMPANY RETAIL STORE LOCATED AT THE NORTHWESTERN CORNER OF COLLIER AVENUE (SR -74) AND ENTERPRISE WAY (APN 377 - 120 -002 & 038), ADOPTING FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR CONDITIONAL USE PERMIT NO. 2014 -01 AND VARIANCE NO. 2014 -01; AND RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS OF CONSISTENCY WITH THE MSHCP FOR COMMERCIAL DESIGN REVIEW NO. 2014 -01 WHEREAS, California Gold Development, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2014 -01, Conditional Use Permit No. 2014 -01 and Variance No. 2014 -01 ( "Project ") for, the approval of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (the "project "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) and LEMC Chapter 17.172 (Variances). the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits and variances; and PLANNING COMMISSION RESOLUTION NO. 2014 - PAG E 2 of 5 WHEREAS, pursuant to LEMC Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to Design Review of commercial projects; and WHEREAS, on August 19, 2014 at a duly noticed public hearing the Planning Commission has 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed applications and their consistency with the MSHCP prior to making a decision to adopt findings that Conditional Use Permit No. 2014 -01 and Variance No. 2014 -01 are consistent with the MSHCP; and prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP for Conditional Use Permit No. 2014 -01. SECTION 2. That in accordance with the City of Lake Elsinore Municipal Code, and the MSHCP, Findings for adoption have been made as follows: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency Finding before approval. The proposed project includes a commercial design review, conditional use permit and variance request that require a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements." These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal pool Guidelines (MSHCP, Section 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, Section 6.1.3), Additional Survey Needs and Procedures (MSHCP, Section 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, Section 6.1.4), Vegetation Mapping (MSHCP, Section 6.5. 1) requirements, Fuels Management Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, Section 4). 2. The proposed project is not subject to the City's LEAP (Lake Elsinore Acquisition Process) and the County's Joint Project Review processes. The proposed project is not located within an MSHCP Criteria Cell area, therefore, no formal LEAP submittal was required. However, the project is still required to demonstrate compliance with "Other Plan Requirements." The project is in compliance as described further below. PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE 3 of 5 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP- covered species, none of which has any potential to occur on the project site. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project site is not located within the Narrow Endemic Plant Species Survey Area (NEPSSA) as shown on Figure 6 -1 of the MSHCP. Based on its location outside of any NEPSSA or Criteria Area Species Survey Area (CASSA), the proposed project is compliant with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in CASSA, Amphibian Species Survey Area with Critical Area, Burrowing Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with Criteria Areas of the MSHCP. The project site is located outside of any CASSA for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. The proposed project is located within the survey area identified for the burrowing owl. A number of suitable burrows were found on the project site during a reconnaissance -level survey conducted on the Project site. As required by the MSHCP, mitigation has been included requiring pre - construction focused species surveys within 30 -days prior to any ground- disturbing activities at the project site where suitable habitat is present and requiring appropriate mitigation if active nests are located. Based upon the above, it can be concluded that the proposed project is consistent with the provisions of the MSHCP. 6. The proposed project is consistent with the UrbanMildlands Interface Guidelines. The proposed project site is separated from nearby criteria cells other properties. Therefore the urban /wildlands interface guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. 7. The proposed project is consistent with the Vegetation Mapping requirements. PLANNING COMMISSION RESOLUTION NO. 2014 - PAG E 4 of 5 No vegetation mapping requirements apply to the proposed project. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project site is separated from nearby criteria cells by other properties. Therefore, the fuels management guidelines set forth in the MSHCP are not applicable. 9. The proposed project is conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project overall is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby adopts findings that Conditional Use Permit No. 2014 -01 and Variance No. 2014 -01 are consistent with the MSHCP. 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 of the City of Lake Elsinore adopt findings that Commercial Design Review No. 2014 -01 is consistent with the MSHCP. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of August 2014, by the following vote: John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014- as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19th day of August 2014, and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VARIANCE NO. 2014 -01 RELATED TO A REDUCTION IN THE REQUIRED SETBACKS AND LANDSCAPING ADJACENT TO COLLIER AVENUE AND ENTERPRISE WAY FOR A TRACTOR SUPPLY COMPANY RETAIL STORE LOCATED AT THE NORTHWESTERN CORNER OF COLLIER AVENUE (SR -74) AND ENTERPRISE WAY (APN 377 - 120 -002 & 038) WHEREAS, California Gold Development (the "Applicant "), filed an application with the City of Lake Elsinore requesting approval of Variance No. 2014 -01, in conjunction with Commercial Design Review No. 2014 -01 and Conditional Use Permit No. 2014 -01 which are collectively referred to herein as the "Project "; and WHEREAS, the Applicant proposes a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way; and WHEREAS, through Variance No. 2014 -01 the Applicant requests relief from setback and landscaping requirements for the C -M (Commercial Manufacturing) District as set forth in Section 17.132.070 and Section 17.132.090 of the Lake Elsinore Municipal Code (LEMC); and WHEREAS, pursuant to LEMC Chapter 17.172 (Variances) the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying variances; and WHEREAS, on August 19, 2014 at a duly noticed public hearing the Planning Commission has 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Variance No. 2014 -01 for the proposed 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping prior to making a decision and has found it acceptable. SECTION 2. The Planning Commission has considered Mitigated Negative Declaration No. 2014 -01 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2014 -01 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2014 -01 provides the necessary environmental clearance for Variance No. 2014 -01. PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE 2 OF 4 SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Variance No. 2014 -01: 1. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.172.050 have been incorporated into the approval of the variance to ensure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The Lake Elsinore General Plan designates the project site and adjacent property for Limited Industrial land uses. Although the proposed Variance will reduce the setback and landscaping requirements set forth in Chapter 17.132 (Commercial Manufacturing District); the setback and landscaping that will be provided by the proposed project will be sufficient to meet the aesthetic and other General Plan objectives. 2. There are special circumstances, pursuant to the purpose of Chapter 17.172 of the LEMC, applicable to the subject property which do not 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 subject property has a unique setting given that it has existing power lines located on the property's frontage along State Route 74 (Collier Avenue). In order to obtain additional right -of -way along State Route 74 a reduction in the setback and landscaping is required in order to work around the existing power lines. The reduced landscaping will provide sufficient landscaping that will be compatible with the landscaping on nearby development properties. 3. In approving the variance, any reductions authorized from the strict interpretation of the zoning ordinance represents the minimum deviation from this code necessary to fulfill the purpose of this chapter and enable reasonable development of the property. The reduced setback and landscaping are the minimal reduction possible that will still enable the project to dedicate the additional right -of -way needed along both Collier Avenue (SR -74) and Enterprise Way. The reduced landscaping will provide sufficient landscaping that will be compatible with the landscaping on nearby development properties. SECTION 4. Based upon the evidence presented and the above findings, the Planning Commission hereby approves Variance No. 2014 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE3OF4 PASSED, APPROVED AND ADOPTED this 19th day of August 2014, by the following vote: John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 - PAGE4OF4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014- as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19th day of August 2014, and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2014 -01 FOR A TRACTOR SUPPLY COMPANY RETAIL STORE LOCATED AT THE NORTHWESTERN CORNER OF COLLIER AVENUE (SR -74) AND ENTERPRISE WAY (APN 377 - 120 -002 & 038) WHEREAS, California Gold Development (the "Applicant "), filed an application with the City of Lake Elsinore requesting approval of Variance No. 2014 -01, in conjunction with Commercial Design Review No. 2014 -01 and Conditional Use Permit No. 2014 -01 which are collectively referred to herein as the "Project "; and WHEREAS, the Applicant proposes a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way; and WHEREAS, Chapter 17.168 of the Lake Elsinore Municipal Code provides that certain uses have operational characteristics that, depending on the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the City to comprehensively review and approve the use; and WHEREAS, pursuant to LEMC Chapter 17.168 (Conditional Use Permits) the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits and variances; and WHEREAS, on August 19, 2014 at a duly noticed public hearing the Planning Commission has 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2014 -01 for the proposed 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping prior to making a decision and has found it acceptable. SECTION 2. The Planning Commission has considered Mitigated Negative Declaration No. 2014 -01 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2014 -01 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 2 OF 4 made, and Mitigated Negative Declaration No. 2014 -01 provides the necessary environmental clearance for Conditional Use Permit No. 2014 -01 SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Conditional Use Permit No. 2014 -01; for a Tractor Supply Company retail store at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the Site is located. The Tractor Supply Company retail store conforms with the goals and objectives of the General Plan, because it will facilitate the creation of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The Project will contribute to the overall number of retail facilities that serve the City, its residents, and guests. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies have been afforded the opportunity to review the Conditional Use Permit and their comments have been addressed in the conditions of approval attached to the staff report for this Project. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development and the City. 3. The Site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title. The proposed Conditional Use Permit is for the operation of a new 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements. The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the Lake Elsinore Municipal Code and will complement the existing uses, based on the submitted plans and attached conditions of approval. 4. The Site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed design, development and operation of a new 18,800 square foot retail building with associated 15,000 square foot outdoor display area and PLANNING COMMISSION RESOLUTION NO. 2014-, PAGE 3 OF 4 associated improvements has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has analyzed the proposed parking for the site against Chapter 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and based on the submitted plans and the attached conditions of approval, has determined that the proposed use will meet all requirements of Chapter 17.148. 5. In approving the subject use at the specific location, there will be no adverse effect on abutting property or the permitted and normal use thereof. The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to Lake Elsinore Municipal Code (LEMC) Section 17.168.050 have been incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.168.040 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on August 19, 2014. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby approves Conditional Use Permit No. 2014 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of August 2014, by the following vote: John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 4 OF 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014- as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19th day of August 2014, and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2014 -01 FOR A TRACTOR SUPPLY COMPANY RETAIL STORE LOCATED AT THE NORTHWESTERN CORNER OF COLLIER AVENUE (SR- 74) AND ENTERPRISE WAY (APN 377 - 120 -002 & 038) WHEREAS, California Gold Development, has filed an application with the City of Lake Elsinore requesting approval of Commercial Design Review No. 2014 -01 ( "Project ") for the approval of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area and associated improvements including two bio- retention basins, parking and landscaping located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (the "project "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for commercial design review applications within the City of Lake Elsinore; and WHEREAS, on August 19, 2014 at a duly noticed public hearing the Planning Commission has 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 Project prior to making a decision to recommend that the City Council approve Commercial Design Review No. 2014 -01. SECTION 2. That in accordance with California Planning and Zoning Law and the Lake Elsinore Municipal Code Section 17.184.080 Findings, the Planning Commission makes the following findings regarding Commercial Design Review No. 2014 -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 commercial retail use is appropriate to the site and surrounding developments. The project is consistent with goals and policies of the Limited Industrial General Plan Land Use Designation, is a permitted use in the CM (Commercial Manufacturing) zoning district, and complies with all development standards. In addition, safe and efficient circulation has been achieved onsite. 2. The project complies with the design directives contained in LEMC 17.184.060 and all other applicable provisions of the Municipal Code. PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 2 OF 3 The retail commercial project is consistent with all provisions in LEMC Section 17.184.060 (Scope of design review), and complies with all development standards set forth in LEMC Chapter 17.112 (Nonresidential Development Standards). 3. Conditions and safeguards pursuant to LEMC 17.184.070, 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 this chapter and the planning district in which the site is located. 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 August 19, 2014, appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare, and the project is a permitted use in the CM (Commercial Manufacturing) zone district. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council approve Commercial Design Review No. 2014 -01. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 19th day of August 2014, by the following vote: John Gray, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014- PAGE 3 OF 3 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014- as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 19th day of August 2014, and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) GENERAL CONDITIONS The proposed project (Commercial Design Review No. 2014 -01, Conditional Use Permit No. 2014 -01 and Variance No. 2014 -01) consists of the development of a 18,800 square foot retail building with associated 15,000 square foot outdoor display area located at the northwestern corner of Collier Avenue (SR -74) and Enterprise Way (APN 377 - 120 -002 & 038). Improvements include two bioretention basins, parking and landscaping. 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. PLANNING DIVISION 3. 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. 4. The applicant shall submit a check in the amount of $2,181.25 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. 5. Commercial Design Review No. 2014 -01 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two -year period, subject to any approved extensions, and shall continue to be valid upon a change of Planning Commission Page 1 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) ownership of the site which was the subject of the design review application. 6. Conditional Use Permit No. 2014 -01 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a conditional use permit granted pursuant to the provisions of this section 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 the conditional use permit application 7. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 8. All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditions of approval. 9. Any minor revisions to approved site plan or building elevations shall be reviewed and approved by the Community Development Director or designee. Any substantial revisions to the site plan or building elevations shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. 10.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. Planning Commission Page 2 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 11. 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. 12. The property address (in numerals at least six inches high) shall be displayed near the entrance and be easily visible from the front of the subject property and public right -of -way. 13.Three (3) sets of the Final Landscaping /Irrigation Detail Plan with shall be submitted to the Community Development Department with appropriate fees, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of a building permit. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. C) Planting within fifteen feet (16) of ingress /egress points shall be no higher than thirty -six inches (36 "). d) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. g) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. Planning Commission Page 3 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 -120 -002 & 038) h) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 14. The Applicant is to meet all applicable City Codes and Ordinances and regulations of other City Departments. 15. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. 16. The project shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 - Zoning unless modified by approved Conditions of Approval. 17. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 18. 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. — 7:00 P.M., Monday through Saturday with no construction activity to occur on 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. 19.Any and all existing or proposed public areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 20.Any and all improvements shall be in compliance with the 2013 California Building Code (CBC). Planning Commission Page 4 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 -120 -002 & 038) MITIGATED NEGATIVE DECLARATION NO. 2014 -01 MITIGATION MEASURES 21. The applicant shall comply with the following mitigation measures, which are set forth in the Mitigation Monitoring Program (MMP) for Mitigated Negative Declaration No. 2014 -01, which was adopted for this project: a. MM 1310 -1: Due to the presence of suitable habitat onsite for the western burrowing owl, a qualified biologist shall conduct pre- construction focused species surveys within 30 -days prior to any ground- disturbing activities at the project site where suitable habitat is present. If burrowing owls are determined to occupy the project site during preconstruction surveys, CDFW shall be consulted and a passive relocation program shall be undertaken to relocate owls to an area outside the impact zone. The relocation shall be conducted following accepted protocols and would occur outside of the breeding season for the burrowing owl. Existing burrows shall be destroyed once they are vacated. b. MM 1310 -2: In order to avoid violation of the federal Migratory Bird Treaty Act (MBTA) and California Fish and Game Code site - preparation activities (removal of trees and vegetation) shall be avoided, to the greatest extent possible, during the nesting season (generally February 1 to August 31) of potentially occurring native and migratory bird species. If preparation activities are to occur during the avian nesting season, February 15 through August 31, then a 30 -day pre- construction clearance nesting bird survey shall be conducted by a qualified biologist to determine whether active nests of species protected by the MBTA or the California Fish and Game Code are present in the construction zone. If active nests are not located within the project area and appropriate buffer, construction may be conducted during the nesting /breeding season. However, if active nests are located during the pre - construction field survey, no grading or heavy equipment activity shall take place within at least 500 feet of an active listed species or raptor nest, 300 feet of other sensitive or protected (under MBTA or California Fish and Game Code) bird nests (non - listed), or within 250 feet of sensitive or protected songbird nests. A Planning Commission Page 5 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) qualified biologist shall be required to monitor the nest until it is determined that the nest is no longer active, at which time vegetation removal could continue. c. MM BIO -3: Prior to issuance of a grading permit, the applicant/developer shall pay the MSHCP development mitigation fee for commercial development in effect at the time the permits are issued. d. MM BIO -4: Prior to issuance of a grading permit, the SKRHCP fee shall be paid. As currently stated in the Habitat Conservation Ordinance, the fee is $500 per acre. e. MM BIO -5: Prior to issuance of a grading permit, the applicant/developer shall pay the MSHCP development mitigation fee for commercial development in effect at the time the permits are issued. MM CRA: Prior to the issuance of a grading permit, the project applicant/developer shall retain a City- approved Project Archaeologist and a Native American Monitor to monitor all ground- disturbing activities in all areas of the project in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. g. MM CR -2: At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate tribe* to notify that Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. ( *It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe due to prior and extensive coordination with the City in determining potentially significant impacts and appropriate mitigation measures due to its demonstrated cultural affiliation with the project area.) Planning Commission Page 6 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) h. MM CR -3: Prior to issuance of any grading permit, the project archaeologist shall file a pre - grading report with the City to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM CR -2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and ground breaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archeologist. MM CR-4: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate tribe for proper treatment and disposition. MM CR -5: If inadvertent discoveries of subsurface archaeological /cultural resources are discovered during grading, the Developer, the project archaeologist, and the appropriate tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Developer and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Community Development Director (CDD) for decision. The CDD shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the appropriate tribe. k. MM CR -6: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the Planning Commission Page 7 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. Subsequently, the Native American Heritage Commission shall identify the person or persons it believes to be the "most likely descendant." The most likely descendant may then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. MM GEO -1: Following stripping, fill removal, and any demolition activities a minimum, remedial grading in building or other structural areas include removal and replacement of the existing soil shall be to a depth of at least five feet below existing site grade, five feet below proposed subgrade, or three feet below foundation bearing grade, whichever is deeper. Remedial grading shall be performed to a horizontal distance of at least five feet beyond the proposed foundation limits. Follow the recommended overexcavation, the upper twelve inches of exposed subgrade soils beneath the overexcavated area shall be scarified, worked until uniform and free from large clods, moisture - conditioned to within 2 percent of optimum moisture - content, and recompacted to a minimum of 95 percent of the maximum density based on ASTM Test Method D1557. Remedial grading shall be performed in building areas, proposed wall locations, and any area which utilizes the recommended bearing capacity values included in the geotechnical report. m. MM GEO -2: Within the pavement and exterior flatwork areas, the exposed subgrade shall be excavated to a depth of 24 inches, worked until uniform and free from large clods and moisture - conditioned to within 2 percent of optimum moisture - content and recompacted to a minimum of 95 percent of the maximum dry density based on ASTM Test Method D1557. Prior to backfilling, the bottom of the excavation shall be proof - rolled and observed by a qualified geotechnical engineer to verify stability. This compaction effort shall stabilize the upper soils and locate any unsuitable or pliant areas not found during the field investigation. n. MM GEO -3: Trees and shrubs are located within the project site. Tree and shrub removal operations shall include roots greater than 14 inch in diameter. The resulting excavations shall be backfilled with Engineered Fill compacted to a Planning Commission Page 8 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) minimum of 95 percent of maximum density based on ASTM Test Method D 1557. o. MM TR -1: Prior to the issuance of final occupancy /operating permits, the project applicant shall improve the intersection Collier Avenue /Enterprise Way by constructing a northbound left turn lane and a southbound right turn lane to City of Lake Elsinore standards.* (* The Lake Elsinore standards for intersection of Collier Avenue /Enterprise Way are those shown on the approved site plan.) ENGINEERING DIVISION GENERAL 22.As the condition for a lot line adjustment for APN 377 - 120 -002, the property owner shall dedicate to the city at no cost for the right of way as classified in the General Plan for the half full width of Enterprise Way (34 feet from the centerline) along the southerly boundary of the property. 23. The applicant shall apply for an encroachment permit from California Department of Transportation for the driveway connecting to Collier Avenue (SR -74). A copy of the permit shall remain on site for inspection. 24.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. RCFCD permission, via an encroachment permit to connect to RCFCD facilities, needs to be received prior to City permit for construction. 25. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 26.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. Planning Commission Page 9 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 27.All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 28. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 29. 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 K! .l nr 'n,AABF) shall be 61ndergFG 1nrJcrl 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. 30. The applicant shall install permanent centerline monuments per City of Lake Elsinore Standards at intersection of the project entrance and the centerline of Enterprise Way at the driveway. 31. The applicant shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Riverside County Standards. 32. 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. 33. Sight distance into and out of this project location shall meet or exceed CALTRANS Standards. 34.Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate discharge point. 35. The site will accommodate all construction activity, vehicles, etc. No staging on Planning Commission Page 10 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) public streets, or private property belonging to others without the written permission of the property owner. 36.Annexation into Citywide LLMD is required. 37. Annexation into LLMD No 1 will be required if there is no maintenance agreement for landscaping. Supply acreage of total landscape area in ROW, and number of streetlights. 38. Engineering Department, via the City Engineer, will approve location for monument/entry sign. FEES 39. The applicant shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: • Stephens Kangaroo Habitat Fee (K -Rat): $500 per gross acre; • Traffic Infrastructure Fee (TIF): $3.84 per square foot of buildings. • Transportation Uniform Mitigation Fee (TUMF): Retail SF $ 10.49 • Drainage Fee: $5,265.00 per acre (#46, Warm Springs West) Project SIC code is: 5912, retail trade, drug stores and proprietary stores. Development impact fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES 40.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. 41. Design - The project plans shall incorporate a combination of Site Design BMPs, Source control BMPs and Treatment Control BMPs to address the potential Planning Commission Page 11 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 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. 42. 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. 43. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. The WQMP must be approved prior to grading or building permit issuance. 44. 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. 45. SWPPP - Prior to the issuance of any grading or building permits, the applicant shall demonstrate compliance with California's General permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to filing an NOI shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 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. 46. 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 Planning Commission Page 12 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 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. 47. 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) 48. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 49. WQMP — A Preliminary and Final WQMP are required. 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. 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 • Low Impact Development (LID) BMP selection and analysis • Structural and Non - Structural source control BMPs Planning Commission Page 13 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) • 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. 50. 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 Planning Commission Page 14 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 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: 1. A water quality implementation agreement has the approved WQMP and O &M Plan attached; or 2. The final approved Water Quality Management Plan and Operations and Maintenance Plan. 51.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 Manager, Permit Intake, in consultation with the Riverside County Fire Department 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 Fire Marshall, prior to the issuance of any Certificates of Use and Occupancy. 52. 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 (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. Planning Commission Page 15 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) IMPROVEMENTS: 53. An encroachment permit is required for all work to be done in the public right -of -way. Applicant shall submit the permit application, required fees and documents prior to issuance. 54.Applicant shall construct improvements to Caltrans requirements from the existing property line back to the proposed property line along the project frontage on Collier Avenue. New improvements to match or transition to existing improvements along the northern property boundary. Safety constraints will not allow for a bike lane at this time. 55.Applicant shall construct half width street improvements: curb, gutter, sidewalk, roadway pavement and drainage improvements on Enterprise Way. Improvements to be constructed from the southerly property line to Collier Avenue to include commercial driveway at main access. 56.All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 57.All improvements must comply with ADA standards. 58. Provide street lighting, consistent with California State Codes and City Standards. 59. Dedicate right of way along Enterprise Way adjacent to the project (to total 34 feet from centerline). 60. Dedicate right of way along State Route 74 (Collier Avenue) adjacent to the project (to total 60 feet from centerline). 61.Applicant shall submit signing and striping plans for City review and approval for Collier Avenue and Enterprise Way. Plans shall include details of the secondary access showing compliance with sight distance standards, NPDES and Professional Traffic Consideration. All signing and striping and traffic control devices shall be installed and approved by the City. Planning Commission Page 16 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 62.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). Improvement plans will be reviewed and approved by both the City of Lake Elsinore and Caltrans. 63. The location for the entry/guide sign for this venue shall be approved by the Engineering Division. PRIOR TO GRADING PERMIT 64.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. 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). 65. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 66. 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. 67. 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). 68.All grading shall be done under the supervision of a geotechnical firm. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. Planning Commission Page 17 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 69.A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and /or subsidence zones present on -site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. 70. The applicant shall obtain all necessary off -site easements and /or permits for off -site grading and the applicant shall accept drainage from the adjacent property owners prior to grading permit issuance. 71.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 72.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 73. 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. 74.Applicant shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program prior to issuance of grading permit(s). 75. Approval of the project Storm Water Pollution Prevention Plan ( SWPPP) (see General Construction Permit and California Green Building Standards Code) and erosion control plan shall be received and BMPs implemented prior to issuance of a grading permit. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 76. Approval of the project Water Quality Management Plan (WQMP) for post Planning Commission Page 18 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) construction shall be received prior to issuance of a grading permit. 77.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 78. The applicant shall process an Agreement with the WRCOG for relief from TUMF fees. The agreement shall be executed prior to building permit 79. The applicant shall submit a "Will Serve" letter to the City Engineering Division for this project and specify the technical data for the water service at the location, such as water pressure and volume, etc. Submit this letter to the Engineering Division prior to applying for a building permit. 80. The owner shall process through the City Engineering Division for plan check, approval a lot line adjustment for APN 377 - 120 -002 and 377 - 021 -038. 81.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. 82.A Reciprocal access agreement shall be submitted for the Collier Driveway for future development to the north. 83. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 84. 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, Planning Commission Page 19 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) emergency response, employee training, spill contingencies and disposal) to the satisfaction of the City Building Official(s). 85. Applicant shall pay all applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, and area drainage. PRIOR TO OCCUPANCY /FINAL APPROVAL: 86. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall be submitted to the Engineering Division before final inspection 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.All signing and striping and traffic control devices onsite and on Enterprise Way and Collier Avenue shall be installed. 91. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, applicant shall- 1 . Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; 2. Demonstrate that they are prepared to implement all non - structural BMPs included in the conditions of approval or building /grading permit conditions; Planning Commission Page 20 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 3. Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners /occupants; and 4. 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. 92. Chemical management plans shall be approved by the City and other appropriate agencies such as Riverside County Fire Department, the Health Services Agency's Department of Environmental Health, and sewering and /or water agencies to ensure implementation of each agency's respective requirements. Approval by the appropriate agencies shall be furnished to the Engineering Division, prior to the issuance of any certificates of use and /or occupancy. 93. 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. 94.Applicant shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy /final approval. 95.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. 96.AII 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 Page 21 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 97. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. CITY OF LAKE ELSINORE FIRE MARSHAL General Conditions 98. 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 (CDR 2014 -01) 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 Street, Lake Elsinore, CA 92530. Phone: (951) 671 -3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 99. Blue Dot Reflectors - Blue retro- reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 100. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,750 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500' and 250' maximum distance from any point on the street or road frontage to hydrant. 101. Super Fire Hydrants -Super fire hydrants (6" x 4" x 2 -2 1/ "), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. Planning Commission Page 22 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 102. Secondary Access — In the interest of Public Safety„ this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and development evacuation. 103. Automatic / Manual Gates — Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate and no less than 20 feet wide. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one -way road with a single traffic lane provides access to a gate entrance, a 40 -foot turning radius shall be used. 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 Fire Planning office for current plan check fees. 104. Separation of Occupancy — A fire barrier wall for the separation of occupancies is required per the California Building Code. Fire walls, fire barriers, fire partitions, smoke barriers, and smoke partitions or any other wall required to have protected openings or penetrations shall be effectively and permanently identified with signs or stenciling. Such identification shall be located in accessible concealed floor, floor ceiling or attic spaces repeated at intervals not exceeding 30 feet along the wall, and include lettering not less than 0.5 inch in height, incorporating the suggested wording "FIRE AND /OR SMOKE BARRIER — PROTECT ALL OPENINGS," or other wording. 105. Operating Permit Required — This project has been reviewed and may require an operating permit in addition to the construction permit that has been conditioned for this project in accordance with Section 105.6 of The California Fire Code. Planning Commission Page 23 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) Prior to Building Permit Issuance 106. 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 to our office(s). 107. 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. 108. Prior to Building Construction Verification — This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During such inspection all permanent road signs shall be in place, all hydrants shall be operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation. Prior to Building Final Inspection 109. 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 of 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. Planning Commission Page 24 of 25 August 19, 2014 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2014 -01 CONDITIONAL USE PERMIT NO. 2014 -01 VARIANCE NO. 2014 -01 TRACTOR SUPPLY COMPANY (APN 377 - 120 -002 & 038) 110. Sprinkler System Monitoring — Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with California Building Code, California Fire Code and adopted standards. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location. The location of the Fire Alarm Control Unit shall be located in an environmentally - controlled location in accordance with 10.14 (NFPA 72, 2010). A C -10 licensed contractor must submit plans designed in accordance with adopted standards, along with the current fee, to the Fire Department for review and approval prior to installation. 111. 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. 112. Knox Rapid Entry Box — A rapid entry Knox Box shall be installed on the outside of the building. Key(s) shall have durable and legible tags affixed for identification of the correlating tenant space. Special forms are available from this office for ordering the Knox Box. If the building /facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 113. Fire Extinguishers- Minimum install portable fire extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A -20BC and signage. Fire extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4" projection from wall. Contact Fire Department for proper placement of equipment prior to installation. Planning Commission Page 25 of 25 August 19, 2014