HomeMy WebLinkAboutCC Reso No 2015-039 City Council Reso.RESOLUTION NO. 2015 -039
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
APPROVING COMMERCIAL DESIGN REVIEW NO. 2014 -14 FOR THE
DEVELOPMENT OF A NEW 7,571 SQUARE FOOT RESTAURANT AND
ASSOCIATED IMPROVEMENTS FOR PROPERTY GENERALLY LOCATED AT
THE SOUTHWESTERLY CORNER OF DEXTER AVENUE AND 3RD STREET.
WHEREAS, Worlden Chang, has filed an application with the City of Lake Elsinore
requesting approval of Commercial Design Review Design Review No. 2015 -01 for
approval of building designs for the development of a 7,571 square foot restaurant and
ancillary improvements on three unimproved lots that total 2.03 acres generally located
at the southwesterly corner of Dexter Avenue and 3rd Street (APN: 377 - 080 -059, 078
and 082); and
WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res.
Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA
(14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines "), public agencies are expressly
encouraged to reduce delay and paperwork associated with the implementation of CEQA
by using previously prepared environmental documents when those previously prepared
documents adequately address the potential impacts of the proposed project (CEQA
Guidelines Section 15006); and
WHEREAS, the proposed project is exempt from the California Environmental
Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA
Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15332
(Class 32 — In -Fill Development Projects); and
WHEREAS, pursuant to Lake Elsinore Municipal Code (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 residential design review;
and
WHEREAS, on May 5, 2015 at a duly noticed public hearing, the Planning
Commission considered evidence presented by the Community Development
Department and other interested parties with respect to this item; and adopted Planning
Commission Resolution No. 2015 -44 recommending that the City Council approve
Commercial Design Review No. 2014 -14; and
WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code
( "LEMC') the City Council of the City of Lake Elsinore has the responsibility of making
decisions to approve, modify or disapprove recommendations of the Planning
Commission for industrial design review applications; and
WHEREAS, on May 26, at a duly noticed public meeting, the City Council has
considered the recommendation of the Planning Commission as well as evidence
presented by the Community Development Department and other interested parties with
respect to this item.
City Council No. 2015 -039
Page 2 of 3
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council has considered the proposed design for
Commercial Design Review No. 2014 -14 for a 7,571 square foot restaurant and has found
it acceptable. The City Council has reviewed and analyzed the proposed project pursuant
to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake
Elsinore General Plan, and the Lake Elsinore Municipal Code and finds and determines
that the proposed Commercial Design Review No. 2014 -14 is consistent with the
requirements of California Planning and Zoning Law and with the goals and policies of
the Lake Elsinore General Plan and the Lake Elsinore Municipal Code.
SECTION 2. The City Council finds and determines that the proposed project is
exempt from the California Environmental Quality Act (Cal. Pub]. Res. Code § §21000 et
seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.),
specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because
the Project is consistent with the applicable General Plan designation and policies, as
well as zoning designation and regulations, the Project is within the City's boundaries and
on a site less than five acres surrounded by urban uses, the Property has no value as
habitat, and approval of the Project will not result in any significant effects relating to
traffic, noise, air quality, or water quality and the Project is adequately served by all
required utilities and public services.
SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter
17.184, the City Council makes the following findings regarding Commercial Design
Review No. 2014 -04:
1. The project, as approved, will comply with the goals and objectives of the
General Plan and the zoning district in which the project is located.
The proposed restaurant and ancillary improvements are compatible with the
General Plan and the proposed use furthers the goals and objectives of the
General Plan, and the proposed project is found to be consistent with the
General Plan. The subject use is permitted in the C -2 district and the
proposed development complies with all applicable development standards.
The proposed project is therefore found to be consistent with the Municipal
Code.
2. The project complies with the design directives and all other applicable
provisions of the Municipal Code.
The proposed project provides a continuity of themed restaurant design that
is consistent with the national chains they are associated with and provides
high quality materials to be used. The proposed project has been centrally
located on the property in order to mitigate massing along the property lines.
City Council No. 2015 -039
Page 3 of 3
Landscaping has been fully developed to mitigate visual impacts. The
proposed project has been designed in such a manner as to mitigate all
potential visual impacts associated with mechanical equipment.
3. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal
Code, including guarantees and evidence of compliance with conditions,
have been incorporated into the approval of the Project to ensure
development of the property in accordance with the objectives of Chapter
17.184.
Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the
Project been considered by the City Council at a duly noticed public meeting
on May 26, 2015. The proposed project, as reviewed and conditioned by all
applicable City divisions, departments and agencies, will not have a
significant effect on the environment. Furthermore, appropriate Conditions of
Approval have been included that would mitigate any potential issues
associated with the future development and establishment of use.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the attached conditions of approval, the City Council hereby approves Commercial
Design Review No. 2014 -14.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Lake Elsinore, California, on the 26�h day of May, 2015.
Mayor
APPROVED AS TO FORM:
E L61�)
Bad ara Leibold, City Attorney
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
GENERAL CONDITIONS
1. The proposed project (Commercial Design Review No. 2014 -14) consists of the
development of a new 7,741 square -foot restaurant located on the northwest
corner of the intersection of Dexter and Third Street (APN: 377 - 080 -059, 078 and
082).
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Officials, Officers, Employees or
Agents to attach, set aside, void, or annul an approval of the City, its advisory
agencies, appeal boards, or legislative body concerning the proposed project
attached hereto.
3. The applicant shall sign and complete an "Acknowledgment of Conditions" form
within 30 days of approval of the proposed project by the City Council 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 $50.00 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.
PLANNING DIVISION
5. Commercial Design Review No. 2014 -14 shall lapse and become void two (2)
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 ownership of the site which was the subject of the design
review application.
6. All Conditions of approval shall be reproduced on page one of building plans prior
to their acceptance by the Building and Safety Division, Community Development
Planning Commission Approval Page 1 of 21 City Council
May 5, 2015 May 26, 2015
Attachment 4
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
Department. All Conditions of Approval shall be met prior to the issuance of a
Certificate of Occupancy and release of utilities.
7. All site improvements shall be constructed as indicated on the approved building
plans, as modified by these conditions of approval.
8. 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.
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.
10. 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.
11. 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.
12. The applicant shall construct the trash enclosure with a decorative roof to match
the colors and materials of the proposed project.
13. No exterior roof ladders shall be permitted.
14. All exterior downspouts shall be concealed within the buildings.
15. Three (3) sets of the Final Landscaping /Irrigation Detail Plan 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 Cost
Estimate for materials and labor shall also be submitted for review and approval.
A Landscape Plan Check fee will be charged prior to final landscape approval
based on the Consultant's fee, inspection, permit and administration fees.
Planning Commission Approval Page 2 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
All planting areas shall have permaR8Rt and aUtGmatiG sprink eF system with
1000%
No grass turf landscaping will be installed.
(Amended by the Planning Commission at its May 5, 2015 public hearing.)
• All planting areas shall be separated from paved areas with a six inch (6 ")
high and six inch (6 ") wide concrete curb.
• The applicant shall ensure a clear line of sight at ingress /egress points by
providing plantings within 15 feet of ingress /egress points whose height
does not exceed three feet and whose canopy does not fall below six feet.
• Landscape planters shall be planted with an appropriate parking lot shade
tree pursuant to the LEMC and Landscape Design Guidelines.
• Any transformers and mechanical or electrical equipment shall be indicated
on landscape plan and screened as part of the landscaping plan.
• The landscape plan shall provide for California native drought - tolerant
ground cover, shrubs, and trees. Special attention to the use of Xeriscape
or drought resistant plantings with combination drip irrigation system to be
used to prevent excessive watering.
• All landscaping and irrigation shall comply with the water - efficient
landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient
Landscape Requirements), as adopted and any amendments thereto
• All landscape improvements shall be bonded 100% for material and labor
for two years from installation sign -off by the City. Release of the
landscaping bond shall be requested by the applicant at the end of the
required two years with approval /acceptance by the Landscape Consultant
and Community Development Director or Designee.
• All landscaping and irrigation shall be installed prior to obtaining a
Certificate of Occupancy.
• Final landscape plan must be consistent with approved site plan.
• Final landscape plans to include planting and irrigation details.
16. The Applicant is to meet all applicable City Codes and Ordinances and
regulations of other City Departments.
Planning Commission Approval Page 3 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
17. 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.
18. Any freestanding signage shall conform to the ultimate street widening
improvements so as to achieve setback requirements applicable at that time.
19. All walls or fences located in any front yard shall not exceed thirty -six inches (36 ")
in height with the exception that wrought -iron fences may be five feet (6) in
height. Chain link fences shall be prohibited.
20. All walls and /or fencing need to be located off the property line. If the Applicant
proposes to place any walls and /or fencing on the property line he /she must
submit a notarized agreement between the subject property owner and the
adjacent property owner to the Planning Department prior to installing the fence.
21. The project shall comply with all applicable requirements of the Lake Elsinore
Municipal Code, Title 17 - Zoning unless modified by approved Conditions of
Approval.
22. The project shall connect to sewer and
Valley Municipal Water District ( EVMWD)
sewer plans to the EVMWD and shall
standards.
BUILDING AND SAFETY DIVISION
meet all requirements of the Elsinore
. The applicant shall submit water and
incorporate all district conditions and
23. Any and all existing or proposed public areas shall be made accessible in
accordance with Americans with Disabilities Act (ADA) requirements.
24. 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.
25. Any and all improvements shall be in compliance with the 2013 California
Building Code (CBC). Green building will be required.
Planning Commission Approval Page 4 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
26. Prior to issuance of Building Permits, applicant shall provide assurance that all
required fees to the Lake Elsinore Unified School District have been paid.
27. Prior to issuance of Building Permits, applicant shall provide assurance that the
Public Building Impact Fee has been paid.
28. Prior to issuance of Building Permits, the applicant shall provide assurance that
the Library Capital Improvement Fund fee has been paid.
29. Prior to the issuance of Building Permits, the applicant shall provide assurance
that all Multiple Species Habitat Conservation Plan fees have been paid.
30. All approvals from all departments have to be signed off before issuing Building
Permits.
31. Health Department approval before issuing Building Permits.
ENGINEERING DIVISION
GENERAL
32. All slopes and landscaping within public right -of -way shall be maintained by the
property owner or property owner's association or another maintenance entity.
33. All slopes and landscaping outside the public right -of -way shall be owned and
maintained by property owner or property owner's association.
34. In accordance with the City's Franchise Agreement for waste disposal &
recycling, the developer shall be required to contract with CR &R Inc. for removal
and disposal of all waste material, debris, vegetation and other rubbish
generated during cleaning, demolition, clear and grubbing or all other phases of
construction.
35. Developer shall mitigate to prevent any flooding and /or erosion downstream
caused by development of the site and or diversion of drainage.
36. Any grading that affects "waters of the United States ", wetlands or jurisdictional
streambeds, shall require approval and necessary permits from respective
Federal and /or State agencies.
Planning Commission Approval Page 5 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
37. The developer shall provide a copy of an encroachment permit or any approval
documents from the Riverside County Flood Control District and /or Caltrans for
encroaching, grading, or discharging into County flood control facilities or
Caltrans right of way.
38. All required soils, geology, hydrology and hydraulic, and seismic reports shall be
prepared by a Registered Civil Engineer.
FEES
39. The developer shall pay all Engineering Division assessed, Development Impact
Fees, Plan Check and Permit fees (LEMC 16.34). Applicable Development
Impact Fees include: Railroad Canyon Road Benefit District, Stephens Kangaroo
Habitat Fee (K -Rat), Traffic Infrastructure Fee (TIF), Transportation Uniform
Mitigation Fee (TUMF), and Area Drainage Fee.
40. Mitigation Fees will be assessed at the prevalent rate at time of payment in full.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
DESIGN:
41. The project is responsible for complying with the Santa Ana Region NPDES
Permits as warranted based on the nature of development and /or activity. These
Permits include:
• General Permit - Construction
• General Permit - Industrial
• Scrap Metal
• Deminimus Discharges
• MS4
42. The 2010 SAR MS4 Permit requires implementation of LID Principles and LID
Site Design, where feasible, to treat the pollutants of concern identified for the
project, in the following manner (from highest to lowest priority) : (Section XII.E.2,
XII.E.3,and XII.E.7)
• Preventative measures (these are mostly non - structural measures, e.g.,
preservation of natural features to a level consistent with the MEP standard;
minimization of Urban Runoff through clustering, reducing impervious
areas, etc.)
Planning Commission Approval Page 6 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
• The Project shall 'Infiltrate, harvest and use, evapotranspire and /or bio -treat
the Design Capture Volume (DCV).
• The Project shall consider a properly engineered and maintained bio-
treatment system only if infiltration, harvesting and use and
evapotranspiration cannot be feasibly implemented at the project site.
• Any portion of [the DCV] that is not infiltrated, harvested and used,
evapotranspired, and /or biotreated shall be treated and discharged in
accordance with the requirements set forth in Section XII.G.
43. The project shall implement LID practices that treat the 85th percentile storm.
44. Parking lot landscaping shall be designed to provide for treatment, retention or
infiltration of runoff.
45. Project hardscape areas shall be designed and constructed to provide for
drainage into adjacent landscape.
46. Hydromodification / Hydraulic Conditions of Concern — The project shall identify
potential Hydraulic Conditions of Concern (HCOC) and implement measures to
limit disturbance of natural water bodies and drainage systems; conserve natural
areas; protect slopes, channels and minimize significant impacts from urban
runoff.
47. CEQA — If CEQA identifies resources requiring Clean Water Act Section 401
Permitting, the applicant shall obtain certification through the Santa Ana Regional
Water Quality Control Board and provide a copy to the Engineering Division.
48. The project shall use either volume -based and /or flow -based criteria for sizing
BMPs in accordance with NPDES Permit Provision XII.D.4.
is OUF ti A Biel N[S]LA
49. Both a Storm Water Pollution Prevention Plan ( SWPPP) and a Water Quality
Management Plan (WQMP) for post construction are required for this project.
50. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated
as necessary and be available for review upon request. Projects that are not
subject to coverage under the General Permit — Construction will prepare and
implement an Erosion and Sediment Control Plan in compliance with the
California Building Code and Local Ordinances.
Planning Commission Approval Page 7 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
51. 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 letter of notification of the issuance of a Waste Discharge Identification
(WDID) Number or other proof of filing to the satisfaction of the City Engineer.
52. Erosion & Sediment Control - Prior to the issuance of any grading or building
permit, the applicant shall submit for review and approval by the City Engineer,
an Erosion and Sediment Control Plan as a separate sheet of the grading plan
submittal to demonstrate compliance with the City's NPDES Program and state
water quality regulations for grading and construction activities. The Erosion and
Sediment Control Plan shall identify how all construction materials, wastes,
grading or demolition debris, and stockpiles of soil, aggregates, soil
amendments, etc. shall be property covered, stored and secured to prevent
transport into local drainages or waters by wind, rain, tracking, or dispersion. The
plan shall also describe how the project will ensure that all BMPs will be
maintained during construction of any future right of ways. A copy of the plan
shall be incorporated into the SWPPP as applicable, kept updated as needed to
address changing circumstances of the project site, be kept at the project site
and available for review upon request.
POST CONSTRUCTION:
53. A preliminary WQMP shall be submitted during the project entitlement stage.
The level of detail in a preliminary Project- Specific WQMP will depend upon the
level of detail known about the overall project design at the time project approval
is sought. At a minimum, the preliminary Project- Specific WQMP shall identify
the type, size, location, and final ownership of Stormwater BMPs adequate to
serve new roadways and any common areas, and to also manage runoff from an
expected reasonable estimate of the square footage of future roofs, driveways,
and other impervious surfaces on each individual lot
54. The applicant shall use the Water Quality Management Plan for the Santa Ana
Region of Riverside County guidance document and template for preparation of
both the preliminary and final WQMP.
55. The project shall complete and submit for review and approval to the Engineering
Division a final WQMP, incorporating the LID Principles and Stormwater BMPs
Planning Commission Approval Page 8 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
committed to in the preliminary Project- Specific WQMP. The final WQMP shall
be approved prior to issuance of any grading or building permit.
56. WQMP — The 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), Model WQMP, and LID Guidance Manual for
reference, and the MS4 Permittee's WQMP 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
• 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.
57. Operation and Maintenance (O &M) Plan 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
58. 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.
Planning Commission Approval Page 9 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
59. Prior to the issuance of a certificate of use and /or occupancy, the applicant shall
demonstrate compliance with applicable NPDES permits for construction,
industrial /commercial, MS4, etc. to include:
• Demonstrate that all structural Best Management Practices (BMP's)
described in the BMP Exhibit from the project's approved WQMP have been
implemented, constructed and installed in conformance with approved
plans and specifications.
• Demonstrate that the project has complied with all non - structural BMPs
described in the project's WQMP.
• Provide signed, notarized certification from the engineer of work that the
structural BMP's identified in the project's WQMP are installed and
operational.
• Submit a copy of the fully executed, recorded Operations and Maintenance
(O &M) Plan for all structural BMPs.
• Demonstrate that copies of the project's approved WQMP (with recorded
O &M Plan attached) are available for each of the initial occupants
(commercial /industrial) or HOA as appropriate.
• Agree to pay for a Special Investigation from the City of Lake Elsinore for a
date twelve (12) months after the issuance of a Certificate of Use and /or
Occupancy for the project to verify compliance with the approved WQMP
and O &M Plan. A signed /sealed certification from the engineer of work
dated 12 months after C of O will be considered in lieu of a Special
Investigation by the City.
• Provide a recorded copy of one of the following:
• CC &R's (they must include the approved WQMP and O &M Plan) for the
project's Owner's Association.
• A water quality implementation agreement has the approved WQMP and
O &M Plan attached; or
• The final approved Water Quality Management Plan and Operations and
Maintenance Plan.
60. The developer shall submit for plan check review and approval a final parcel
map.
61. Prior to City Council approval of the Parcel Map, the developer shall, in
accordance with Government Code, have constructed all improvements or noted
on the title sheet of the map the improvements to be constructed or have
improvement plans submitted and approved, agreements executed and
securities posted.
Planning Commission Approval Page 10 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
62. In lieu of parcel map processing, the owner can process through the City
Engineering Division for plan check and approval of a parcel merger for APN's
377- 080 -082, 377 - 080 -078 and 377 - 080 -059.
UTILITIES:
63. All arrangements for relocation of utility company facilities (power poles, vaults,
etc.) out of the roadway shall be the responsibility of the property owner or his
agent.
64. All overhead utilities shall be undergrounded in accordance with Chapter 12.16
of the Lake Elsinore Municipal Code (LEMC)
65. Underground water rights shall be dedicated to the City pursuant to the
provisions of Section 16.52.030 (LEMC), and consistent with the City's
agreement with the Elsinore Valley Municipal Water District.
66. The developer 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).
67. The developer shall submit a copy of the "Will Serve" letter to the City
Engineering Division from the applicable water agency stating that water and
sewer arrangements have been made for this project and specify the technical
data for the water service at the location, such as water pressure and volume
etc.
IMPROVEMENTS
Design
68. Sight distance into and out of the project location shall comply with CALTRANS
Standards.
69. The developer shall install permanent bench marks per City of Lake Elsinore
Standards and at locations to be determined by City Engineer.
70. The developer shall install blue dot markers in the roadway at a right angle to
Fire Hydrant locations per Lake Elsinore Standards.
Planning Commission Approval Page 11 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
71. The developer shall coordinate with Riverside Transit Authority for location and
installation of bus transit facilities.
72. 10 year storm runoff shall be contained within the curb and the 100 year storm
runoff shall be contained within the street right -of -way. When either of these
criteria are exceeded, drainage facilities shall be provided.
73. All drainage facilities in this project shall be constructed to Riverside County
Flood Control District Standards.
74. A drainage study shall be provided. The study shall identify the following: identify
storm water runoff from and upstream of the site; show existing and proposed
off -site and onsite drainage facilities; and include a capacity analysis verifying
the adequacy of the facilities. The drainage system shall be designed to ensure
that runoff from a 10 -yr storm of 6 hours or 24 hours duration under developed
condition is equal or less than the runoff under existing conditions of the same
storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to
determine the detention basin capacities necessary to accomplish the desired
results.
75. All natural drainage traversing the site shall be conveyed through the site, or shall
be collected and conveyed by a method approved by the City Engineer. All off -
site drainage, if different from historic flow, shall be conveyed to a public facility.
76. Roof drains shall not be allowed to outlet directly through coring in the street
curb. Roofs should drain to a landscaped area.
77. The site shall be planned and developed to keep surface water from entering
buildings (California Green Building Standards Code 4.106.3).
78. 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.
79. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake
Elsinore Public Works Standard Plans.
80. The owner shall dedicate an access easement across the "future access aisle"
for public and emergency use.
Planning Commission Approval Page 12 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
81. The owner shall pursue a shared driveway with the Lonestar property, to align
with the LA Fitness driveway on the North side of Dexter Avenue.
82. The developer shall construct half -width street improvements and dedicate right -
of -way on Dexter Avenue such that the ultimate right -of -way width conforms to
General Plan and Collector right -of -way cross sections. The cross section of
roadway improvements with a painted median, parkway, commercial driveway
approach and street lights shall match adjacent development on Dexter Avenue
as recommended by the City. The road improvements for Dexter Avenue shall
be consistent with the Traffic Analysis dated March 13th, 2015 and the General
Plan Circulation Plan.
83. The developer shall construct half width street improvements and dedicate the
half width right -of -way on Third Street per General Plan and Local Street right -
of -way requirements. The cross section of roadway improvements with a
parkway, street lights, and commercial driveway approach shall be constructed
to the satisfaction of the City Engineer.
84. The developer shall implement mitigation measures identified in the Traffic
Analysis dated March 13th, 2015, as specified in the Conclusions of this Study
to the satisfaction of the City Engineer.
85. Street improvement plans shall be prepared by a Registered Civil Engineer and
the plans shall include curb and gutter, sidewalk, ac pavement, street lighting,
painted median, stop sign, and drainage improvements.
86. The developer shall provide signing and striping plans for the required
improvements of this project, to include 300ft on either side of the project. The
plans shall also incorporate traffic calming measures on local streets.
87. If existing improvements are to be modified, the existing improvement plans on
file shall be modified accordingly and approved by the City Engineer prior to
issuance of building permit.
Permitting /Construction
88. An Encroachment Permit shall be obtained prior to any work on City and /or State
right -of -way. The developer shall submit the permit application, required fees
and executed agreements, security and other required documentation prior to
issuance.
Planning Commission Approval Page 13 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
89. All 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 of public works improvements will be scheduled
and approved.
90. All streets shall be constructed per Lake Elsinore City Standards and /or
applicable specific plan. Any deviation from City standards shall be approved by
the City Engineer.
Acceptance of Improvements
91. A portion of the required improvements for this development may be covered
under the Traffic Impact Fee (TIF) program. Request for reimbursement or
credits shall be approved by the City Engineer and based on allowable costs in
the fee program and availability of funds.
92. The developer shall submit a written request for acceptance to the City Engineer.
93. As -built plans shall be completed and signed by the City Engineer.
Design:
94. 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).
95. All grading plan contours shall extend to minimum of 50 feet beyond property
lines to indicate existing drainage pattern.
96. The grading plan shall show that no structures, landscaping, or equipment are
located near the project entrances that could reduce sight distance.
97. 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
Planning Commission Approval Page 14 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
modifies the existing flow patterns and /or topography shall be approved by the
City Engineer.
98. 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.
99. The developer 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.
Perm it/Construction:
100. Developer shall execute and submit grading and erosion control agreement, post
grading security and pay permit fees as a condition of grading permit issuance.
101. A preconstruction meeting with the City Public Works Inspector (Engineering
Division) is required prior to commencement of ANY grading activity.
102. Developer 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
103. Prior to commencement of grading operations, developer is to provide to the City
with a map of all proposed haul routes to be used for movement of export
material. All such routes shall be subject to the review and approval of the City
Engineer. Haul route shall be submitted prior to issuance of a grading permit.
Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC
15.72.065)
104. Export sites located within the Lake Elsinore City limits must have an active
grading permit.
105. Applicant to provide to the City a video record of the condition of all proposed
public City haul roads. In the event of damage to such roads, applicant shall pay
full cost of restoring public roads to the baseline condition. A bond may be
required to ensure payment of damages to the public right -of -way, subject to the
approval of the City Engineer.
Planning Commission Approval Page 15 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
106. All grading shall be done under the supervision of a geotechnical engineer.
Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion
control and approved by the City.
107. Review of the project Storm Water Pollution Prevention Plan ( SWPPP) and
sediment and erosion control plan shall be completed. A copy of the current
SWPPP shall be kept at the project site and be available for review upon request.
108. Approval of the project Water Quality Management Plan (WQMP) for post
construction shall be received prior to issuance of a grading permit.
109. Submit an approved environmental clearance document to the Engineering
Division. This approval shall identify and clear all proposed grading activity
anticipated for this project.
110. Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in an applicable development
agreement, Stephens Kangaroo Rat Habitat.
PRIOR TO ISSUANCE OF BUILDING PERMIT
111. Provide final soils, geology and seismic report, including recommendations for
parameters for seismic design of buildings, and walls prior to building permit.
112. The recordation of the approved parcel map or parcel merger is required.
113. All required public right -of -way dedications and easements shall be prepared by
the developer or his agent and shall be submitted to the Engineering Division for
review and approval prior to issuance of building permit.
114. All street improvement and signing and striping plans shall be completed and
approved by the City Engineer.
115. The developer shall pay all Capital Improvement TIF and Master Drainage Fees
and Plan Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
116. All signing and striping and traffic control devices onsite and on Dexter Avenue
and Third Street shall be installed.
Planning Commission Approval Page 16 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
117. All public improvements shall be completed in accordance with the approved
plans or as condition of this development to the satisfaction of the City Engineer.
118. All water and sewer improvements shall be completed in accordance with Water
District requirements.
119. Proof of acceptance of maintenance responsibility of slopes, open spaces,
landscape areas, and drainage facilities shall be provided. Documentation of
responsibility for maintenance along right -of -ways to be maintained by the
property owner or other entity shall be provided in a recordable format and
recorded prior to occupancy /final.
120. In the event of damage to City roads from hauling or other construction related
activity, applicant shall pay full cost of restoring public roads to the baseline
condition.
121. As -built plans for all approved plan sets shall be submitted for review and
approval by the City. The developer /developer /owner is responsible for revising
the original mylar plans.
122. All final studies and reports, grade certifications, monument certifications (with
tie notes delineated on 8 '/2 x 11" mylar) shall be submitted in .tif format on a
CD /DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics,
Grading, SWPPP, WQMP, etc.
123. All plan sets and recorded maps shall be digitized and provided on CD /DVD as
follows:
• Final Map(s) - GIS Shape files* and .tif of recorded map.
• Improvement Plans — GIS Shape files` and Aif of approved as built mylar.
• Grading Plans - .tif of approved as built mylar.
• *GIS Shape files must be in projected Coordinate System: NAD 83 State
Plane California Zone VI U.S. Fleet.
124. All required public right -of -way dedications, easements, dedications and
vacations and easement agreement(s) not processed on the final map for ingress
and egress through adjacent property(ies)shall be recorded with a recorded copy
provided to the City prior to building permit issuance..
125. Prior to grading or building permit close -out and /or the issuance of a certificate
of use or a certificate of occupancy, developer shall:
Planning Commission Approval Page 17 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
126. Demonstrate that all structural BMPs have been constructed, installed and are
functioning in conformance with approved plans and specifications and the
WQMP;
• Demonstrate that they are prepared to implement all non - structural BMPs
included in the conditions of approval or building /grading permit conditions;
• Demonstrate that an adequate number of copies of the approved project
specific WQMP are available for the future owners /occupants; and
• The developer 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.
127. The property owner (aka Legally Responsible Party) 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.
128. Developer 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.
FIRE DIVISION
GENERAL CONDITIONS
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 (as it is noted above) is required on all correspondence.
Questions should be directed to the Riverside County Fire Department, Lake Elsinore
Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA 92530. Phone:
(951) 671 -3124 Ext. 225. 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.
Planning Commission Approval Page 18 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
129. Blue Dot Reflectors- Blue retro - reflective pavement markers shall be mounted on
private streets, public streets and driveways to indicate location of fire hydrants.
Prior to installation, placement of markers must be approved by the Riverside
County Fire Dept.
130. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 1,500 GPM for
2 hours duration at 20 PSI residual operating pressure, which must be available
before any combustible material is placed on the job site. Average spacing
between hydrants 500' and 250' maximum distance from any point on the street
or road frontage to hydrant. Super fire hydrants (6" x 4" x 2 -2 1/2 ") shall be
installed.
131. Minimum Access Standards- The following access requirements are required to
be implemented to ensure fire department and emergency vehicular access. All
roadways shall conform to the City of Lake Elsinore approved roadway standards
but in no case shall the minimum fire department vehicular access be less the
following provisions:
Twenty -four feet (24') clear width. Where parking is to be provided, each
parking side shall be provided with eight (8') additional feet on each side of
the fire department access.
Median openings or crossovers between opposing lanes of a divided highway
or street shall be located only at approved intersections at intervals of not
less than 500 feet. [Ord. 529 § 3.2(F), 1973].
132. The required all weather vehicular access shall be able to support no less than
70,000 lbs. over 2 axles.
133. Roadway gradient shall not exceed 15% on any access road, driveways, and
perimeter roads.
134. Turning Radius shall be 26' inside and 38' outside for all access roads.
135. 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 community evacuation.
PRIOR TO BUILDING PERMIT ISSUANCE
Planning Commission Approval Page 19 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
136. Plan Check Fee- Building plan check fees shall be made payable to the "City of
Lake Elsinore ", and shall be submitted to the Fire Department at the time of plan
submittal.
137. Water System Plans- Applicant and /or developer shall submit 2 sets of water
system plans to the Fire Department for review. The 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.
138. Water System Verification- Written verification of the fire flow required shall be
provided from the local water purveyor. The letter shall be dated within 1 year of
the date of verification submittal. The letter shall include the location of the fire
hydrant, the type of hydrant (6x42- 1/2x2 -1/2), and the exact flow at 20 psi.
139. 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 said inspection all permanent road signs shall be in place, all
hydrants shall on 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
140. 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.
141. 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
Planning Commission Approval Page 20 of 21 City Council
May 5, 2015 May 26, 2015
CONDITIONS OF APPROVAL
FOR COMMERCIAL DESIGN REVIEW 2014 -14
(GOLDEN CORRAL)
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, 2013). 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.
142. 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.
143. 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.
144. Fire Extinguishers — Minimum Install portable fire extinguishers complying with
Section 906 of the 2013 California Fire Code with a minimum rating of 2A -10BC
and signage.
145. Fire Extinguishers located in public areas shall be in recessed cabinets mounted
48" (inches) to center above floor level with maximum 4" projection from the wall.
146. Contact Fire Dept. for proper placement of equipment prior to installation.
147. Hood /Duct Suppression System- a UL 300 hood /duct fire extinguishing system
must be installed over the cooking Equipment as required by the California Fire
Code, California Mechanical Code and adopted standards. The extinguishing
system must automatically shut -down gas and /or electricity to all cooking
appliances upon activation. A C -16 licensed contractor must submit plans, along
with the current fee, to the Fire Department for review and approval prior to
installation. Alarm system supervision is only required if the building has an
existing fire alarm system.
Planning Commission Approval Page 21 of 21 City Council
May 5, 2015 May 26, 2015
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2015 -039 was adopted by the City Council of the City of Lake
Elsinore, California, at a Regular meeting held on the 26th day of May 2015, and that the
same was adopted by the following vote:
AYES: Council Member Magee, Mayor
Johnson, Council Member Hickman
NOES: None
ABSENT: None
ABSTAIN: None
Pro Tern Tisdale, Council Member
and Mayor Manos