HomeMy WebLinkAboutCC Reso No 2016-124 Conditional Use Permit 2016-02RESOLUTION NO. 2016 -124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION 2016 -04
(TENTATIVE PARCEL MAP 37149, CONDITIONAL USE PERMIT 2016 -02, AND
COMMERCIAL DESIGN REVIEW 2016 -02) IS CONSISTENT WITH THE WESTERN
RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN
(MSHCP)
Whereas, Stephen Harrison, on behalf of the LE Diamond Sports Center, has submitted an
application for Planning Application 2016 -04, Tentative Parcel Map (TPM) 37149, Conditional Use
Permit (CUP) 2016 -02, and Commercial Design Review (CDR), collectively referred to as
(Project) for the development of an approximately 520,000 square foot indoor commercial sports
facility on 23.12 acres of disturbed vacant land. The Project site is located adjacent to the north
of the Lake Elsinore Storm baseball stadium, east of the Lake Elsinore /San Jacinto River Inlet,
west of Diamond Drive and south of Lakeshore Drive. The Assessor Parcel Numbers of the site
are 373 - 210 - 037 -8, 373 - 210 - 038 -9, 373 - 210 - 039 -0, 373 - 210 - 043 -3, 363- 150 - 006 -2, 363 -161-
029-7, 363- 161- 030 -7, 363- 161- 031 -8, 363- 161- 032 -9, 363- 161- 033 -0, 363- 161 -034 -1 and 363-
161- 035 -2; and,
Whereas, Section 6.0 of the Western Riverside County 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 discretionary development Projects be analyzed
pursuant to the MSHCP Plan Wide Requirements even if not within an MSHCP criteria cell; and,
Whereas, the Project is discretionary in nature and requires review and approval by the Planning
Commission and City Council (Council); and,
Whereas, a portion of the Project is within MSHCP Criteria Cell 4743 and the entire Project is
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, on October 18, 2016, 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; and,
Whereas, pursuant to Section 17.168 (Conditional Use Permits) of the Lake Elsinore Municipal
Code (LEMC) the City Council of the City of Lake Elsinore (Council) has the responsibility of
making decisions to approve, modify or disapprove recommendations of the Planning
Commission for CUP applications; and,
Whereas, pursuant to Section 6.2.2 (Design Review) of the Diamond Specific Plan Amendment
No. 1 (SPA) the Council has the responsibility of making decisions to approve, modify or
disapprove recommendations of the Planning Commission for CDR applications; and,
CC Reso No. 2016 - 124
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Whereas, pursuant to Section 6.2.3 (Tentative Maps) of the SPA, the Council has the
responsibility of making decisions to approve, modify or disapprove recommendations of the
Planning Commission for parcel maps; and,
Whereas, on October 25, 2016, at a duly noticed public meeting, the 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council has reviewed and analyzed the proposed applications and their
consistency with the MSHCP prior to making a decision to the adoption of Findings of Consistency
with the MSHCP for the Project.
Section 2. That in accordance with the LEMC, and the MSHCP, Findings for adoption have been
made as follows:
The proposed Project is a project under the City's MSHCP Resolution, and the City
must make an MSHCP Consistency Finding before approval.
Pursuant to the City's MSHCP Implementing Resolution, prior to approving any
discretionary entitlement, the City is required to review the Project to ensure
consistency with the MSHCP criteria and other "Plan Wide Requirements. " The
Project, as proposed, was found to be consistent with the MSHCP criteria. In
addition, the Project was reviewed and found consistent with the following "Plan
Wide Requirements. "Protection of Species Associated with Riparian /Riverine Areas
and Vernal Pool Guidelines (MSHCP § 6.2), 1. Protection of Narrow Endemic
Species Survey Area (NEPSSA) MSHCP § 6.3, 1. Urban/Wildlands Interface
Guidelines (MSHCP § 6.4), 1. Vegetation Mapping (MSHCP § 6.1), 3. Additional
Survey Needs and Procedures (MSHCP § 6.2), 3. Fuels Management (MSHCP §
6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP
Ordinance § 4.0).
2. The proposed Project is subject to the City's LEAP and the City's JPR processes.
Portions of the Project site are located within Criteria Cell 4743 (within Subunit 3 -
Elsinore), the Criteria Species Survey Area, the Burrowing Owl Survey Area, and
Narrow Endemic Plant Species Survey Area 2 of the MSHCP. The Final
Environmental Impact Report (EIR) (SCH# 2009031084) determined that
development of the Diamond Specific Plan (DSP), including the Project site, would
be consistent with the MSHCP with the implementation of mitigation measures DSP -
BIO-1 through DSP -BIO -7 as described above and with the implementation of
mitigation measures DSP -BIO -8 and DSP- BIO -9, which would ensure that the
potential for noise impacts associated with construction and operation of the DSP on
adjacent conservation areas would reduce urban /wildland interface impacts to below
a level of significance. These findings were corroborated by the RCA MSHCP
Consistency Determination issued during the Joint Project Review (JPR 09- 2007-
1) process completed on February 2, 2010, which was attached to the Final EIR
(SCH# 2009031084).
CC Reso No. 2016 - 124
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3. The proposed Project is consistent with the Riparian / Riverine Areas and Vernal
Pools Guidelines.
Section 6.21. of the MSHCP focuses on protection of riparian /riverine areas and
vernal pool habitat types based upon their value in the conservation of a number of
MSHCP covered species. All potential impacts to riparian /riverine areas will be
mitigated as identified in the Determination of Biological Equivalent or Superior
Preservation (DBESP) completed by PCR Services Corporation, dated June 15,
2009, and updated November 17, 2009. There are no vernal pools or fairy shrimp
habitat on the Project Site, and therefore, the Project is consistent with Section
6.21. of the MSHCP.
4. The proposed Project is consistent with the Protection of NEPSSA Species
Guidelines.
The Project Site is located within a NEPSSA for Munz's onion, San Diego Ambrosia,
many- stemmed dudleya, spreading navarretia, California orcutt grass, Hamlett's
clay -cress and Wright's trichocoronis as mapped in Section 6.31. of the MSHCP. The
Site was surveyed for suitable habitat for these NEPSSA plants. Based on the
Biological Resources Assessment dated November 17, 2009, none of the NEPSSA
plants were observed on the Site. Therefore, the Project demonstrates compliance
with the provisions of Section 6.3.
5. The proposed Project is consistent with the Additional Survey Needs and
Procedures.
The Project is located within the Criteria Area Species Survey Area (CASSA) for
several criteria area plants and the Burrowing Owl survey area as identified in
Section 6.23. additional Survey Needs and Procedures of the MSHCP. Surveys were
conducted on the entire Project Site, and the results indicated that two plant species,
the smooth tarplant and little mousetail are present on the Project Site. The smooth
tarplant and little mousetail will be relocated to on and off -site mitigation areas which
will provide adequate long -term protection of these species. No Burrowing Owls
occupied the Project Site. As such, the Project is consistent with Section 6.23, of the
MSHCP.
6. The proposed Project is consistent with the Urban/Wildlands Interface Guidelines.
Section 6.41. of the MSHCP sets forth guidelines which are intended to address
indirect effects associated with locating development in proximity to the MSHCP
Conservation Area, where applicable. Future Development in proximity to the
MSHCP Conservation Area may result in Edge Effects that will adversely affect
biological resources within the MSHCP Conservation Area. To minimize such Edge
Effects, guidelines shall be implemented in conjunction with review of individual
public and private Development Projects in proximity to the MSHCP Conservation
Area. Through implementation of mitigation measures the Project will minimize the
identified potential indirect impacts with potential future open space. As such, the
Project is consistent with Section 6.41 of the MSHCP.
CC Reso No. 2016 - 124
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7. The proposed Project is consistent with the Vegetation Mapping requirements,
Vegetation mapping was conducted as part of the biological surveys conducted on
the entire Project Site and is consistent with the MSHCP Section 6.13. Vegetation
Mapping requirements.
8. The proposed Project is consistent with the Fuels Management Guidelines.
The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are
intended to address brush management activities around new development within
or adjacent to the MSHCP Conservation Area and shall be implemented as part of
the Project. As such, the Project is consistent with the Fuels Management
Guidelines.
9. The proposed Project is conditioned to pay the City's MSHCP Local Development
Mitigation Fee.
As a condition of approval, the Project will be required to pay the City's MSHCP
Local Development Mitigation Fee at the time of issuance of building permits.
10. The Project is consistent with the reserve assembly requirements of the MSHCP.
The Project Site is located in the Back Basin area and is subject to the 770 Acre
Back Basin Agreement with the Wildlife Agencies related to reserve assembly. Since
the Project has conserved an area along the outlet channel, which contributes to the
extension of existing Core 3 and shall meet the reserve assembly requirements of
the Back Basin Agreement, the Project does not conflict with the reserve assembly
requirements of the MSHCP.
11. 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 and the above findings, the Council adopts
findings that the Project is consistent with the MSHCP.
Section 4. This Resolution shall take effect from and after the date of its passage and adoption.
Passed, and Adopted this 25th day of October, 2016.
Brian Tisdale, Mayor
Attest:
Susan M. Domen, MMC
City Clerk
CC Reso No. 2016 - 124
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF LAKE ELSINORE )
I, Susan M. Domen MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2016 -124 was adopted by the City Council of the City of Lake Elsinore, California,
at a Regular meeting of October 25, 2016, and that the same was adopted by the following vote:
AYES: Council Members Hickman, Johnson, and Manos; Mayor Pro Tern Magee and Mayor
Tisdale
NOES: None
ABSENT: None
ABSTAIN: None
f �
SLIsan M. Domen, MMC
City Clerk
CONDITIONS OF APPROVAL
RESOLUTIONS: 2016 -122, 2016 -123, 2016 -124, 2016 -125,
2016 -126, and 2016 -127
PROJECT NUMBER: PA 2016 -04 (TPM 37149, CUP 2016 -02, and CDR
2016 -02)
PROJECT NAME: Diamond Sports Complex
PROJECT LOCATION: APNs 373 - 210 -037, 373 - 210 -038, 373 - 210 -039, 373-
210 -043, 363- 150 -006, 363- 161 -029, 363- 161 -030,
363- 161 -031, 363- 161 -032, 363- 161 -033, 363 -161-
034, and 363- 161 -035
APPROVAL DATE: October 25, 2016
EXPIRATION DATE: October 25, 2018
GENERAL CONDITIONS
Planning Application 2016 -04 (TPM 37149, CUP 2016 -02, and CDR 2016 -02)
consists of the development of The Project applicant is proposing the development
of an approximately 520,000 square foot indoor commercial sports facility on 23.12
acres of disturbed vacant land collectively referred to as the "project ". The sports
facility is proposed for two levels. The ground floor would have approximately
430,000 square feet that can be used for 58 indoor volleyball courts or 33
basketball courts and stadium style seating. The second level would total
approximately 89,000 square feet and provide team rooms for rent, suites around
the main volleyball court and a sports bar. The facility would include three
restaurant facilities, including a food court and family -style restaurant on the first
floor and a sports bar on the second floor. The Project site is located adjacent to
and north of the Lake Elsinore Storm baseball stadium, east of the Lake
Elsinore /San Jacinto River Inlet, west of Diamond Drive and south of Lakeshore
Drive. The Assessor Parcel Numbers of the site are 373 - 210 - 037 -8, 373- 210 -038-
9, 373 - 210- 039 -0, 373 - 210- 043 -3, 363- 150- 006 -2, 363- 161- 029 -7, 363- 161 -030-
7, 363- 161- 031 -8, 363- 161- 032 -9, 363- 161- 033 -0, 363- 161 -034 -1 and 363 -161-
035-2.
2, The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, Agents, and Consultants
agents (collectively referred to individually and collectively as "Indemnities ") from
any claim, action, or proceeding to attack, set aside, void, or annul an approval by
Indemnitees concerning approval of the project, or any of the proceedings, acts or
determinations taken, done, or made prior to the decision, or to determine the
reasonableness, legality or validity of any condition attached thereto. The
Applicant's indemnification is intended to include, but not be limited to, damages,
Page 1 of 27
Applicants Initials:
fees and /or costs awarded against or incurred by Indemnities and costs of suit,
claim or litigation, including without limitation attorneys' fees, penalties and other
costs, liabilities and expenses incurred by Indemnities in connection with such
proceeding. The City will promptly notify the applicant of any such claim, action, or
proceeding against the City. If the project is challenged in court, the City and the
applicant shall enter into formal defense and indemnity agreement, consistent with
this condition.
3. Within 30 days of project approval, the applicant shall sign and return the final
Conditions of Approval to the Community Development Department for inclusion
in the case records.
4. Permittee shall require that all qualifyinq contractors and subcontractors exercise
their option to obtain a Board of Equalization sub - permit for the eobsite and allocate
all eligible sales and use tax payments to the City of Lake Elsinore. Prior to
commencement of any construction activity on -site the developer will require that
the contractor or subcontractor provide the City of Lake Elsinore with either a copy
of their Board of Equalization account number and sub - permit, or a statement that
the sales & use tax does not apply to their portion of the project. To accomplish
this Permittee shall either cause its construction contractor to treat the project in
accordance with California Regulation 1521 (b)(2)(B), California Regulation 1521
c 13 B and California Regulation 1826(b) for sales and use tax purposes or
form "Buying Company:" as defined in the State of California _Board of
Equalization Regulation 1699(h). Permittee can adopt an alternative methodology
to accomplish this goal if such methodology is approved_ by the City of Lake
Elsinore City Manager, or design__ ee _prior to issuance of building permits.
Permittee shall direct use taxes on out -of -City taxable purchased construction
related items to the Cily of Lake Elsinore consistent with state sales and use tax
law. Permitee shall use its best efforts consistent with state law, to source taxable
purchases from price competition construction retail vendors within the City of Lake
Elsinore to further source sales to the City. (Added by the City Council on 10/25/16)
PLANNING DIVISION
5. Conditional Use Permit No. 2016 -02 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
Applicants Initials: Page 2 of 27
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.
6. Tentative Parcel Map No. 37149 will expire two years from date of approval unless
within that period of time a Final Map has been filed with the County Recorder, or an
extension of time is granted by the City of Lake Elsinore City Council in accordance
with the State of California Subdivision Map Act and applicable requirements of the
Lake Elsinore Municipal Code.
7. Tentative Parcel Map No. 37149 shall comply with the State of California Subdivision
Map Act and applicable requirements contained in the Lake Elsinore Municipal Code
(LEMC), unless modified by approved Conditions of Approval.
8. Commercial Design Review No. 2016 -02 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 ownership of the site which was the subject of the design review
application.
9. 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
Department. All Conditions of Approval shall be met prior to the issuance of a
Certificate of Occupancy and release of utilities.
10. All site improvements shall be constructed as indicated on the approved building
plans, as modified by these conditions of approval.
11. Any proposed minor revisions to approved plans shall be reviewed and approved
by the Community Development Director or designee. Any proposed substantial
revisions to the approved plans shall be reviewed according to the provisions of
the Municipal Code in a similar manner as a new application. Grading plan
revisions shall be reviewed by the City Engineer.
12. 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
Applicants Initials: Page 3 of 27
Community Development Director, prior to issuance of building permit shall
approve screening plan.
13. A detailed on -site lighting plan, including a photometric diagram, shall be reviewed
to ensure that 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.
14. 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.
15. The applicant shall construct trash enclosure(s) with a decorative roof to match the
colors, materials and design of the project architecture.
16. A uniform hardscape and street furniture design including seating benches, trash
receptacles, free - standing potted plants, bike racks, light bollards, etc., shall be
utilized and be compatible with the architectural style. Detailed designs shall be
submitted for Planning Division review and approval prior to the issuance of
building permits.
17. Three (3) sets of the Final Landscaping / Irrigation Detail Plans shall be submitted
to the Community Development Department with appropriate fees, reviewed by
the City's Landscape Architect Consultant and approved by 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
50% plant coverage using a drip irrigation method.
b) All planting areas shall be separated from paved areas with a six inch (6 ")
high and six inch (6 ") wide concrete curb. Runoff shall be allwed from paved
areas into landscape areas.
C) Planting within fifteen feet (15') of ingress /egress points shall be no higher
than twenty -four inches (24 ").
d) Landscape planters shall be planted with an appropriate parking lot shade
tree pursuant to the LEMC and Landscape Design Guidelines.
e) No required tree planting bed shall be less than 5 feet wide.
f) Root barriers shall be installed for all trees planted within 10 feet of
hardscape areas to include sidewalks.
g) Any transformers and mechanical or electrical equipment shall be indicated
on landscape plan and screened as part of the landscaping plan.
h) The landscape plan shall provide for ground cover, shrubs, and trees and
meet all requirements of the City's adopted Landscape Guidelines.
i) 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
Applicants Initials: Page 4 of 27
required two years with approval /acceptance reviewed by the Landscape
Consultant and approved by the Community Development Director or
Designee.
j) 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.
k) Final landscape plan must be consistent with approved site plan.
1) Final landscape plans to include planting and irrigation details.
m) Final landscape plans shall include drought tolerant planting consistent with
Elsinore Valley Municipal Water District standards subject to plan check and
approval by the City's landscape plan check consultant.
n) No turf shall be permitted.
18. Landscaping installed for the project shall be continuously maintained to the
reasonable satisfaction of the Community Development Director. If it is determined
that the landscaping is not being maintained, the Director of Community
Development shall have the authority to require the property owner to bring the
landscaping into conformance with the approved landscape plan. The continued
maintenance of all landscaped areas shall be the responsibility of the developer or
any successors in interest.
19. 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. OR The applicant shall submit a sign program for
review and approval of the Planning Commission prior to installation.
20. 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.
21. Provisions of the City's Noise Ordinance shall be satisfied during all site
preparation and construction activity. 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 7:00 a.m. — 5:00 p.m., Monday through Friday. Only finish
work and similar interior construction may be conducted on Saturdays and may
commence no earlier than 8:00 a.m. and shall cease no later than 4:00 p.m. with
no construction activity to occur on Sundays or legal holidays. The sign shall
identify the name and phone number of the development manager to address any
complaints.
22. The proposed location of on -site construction trailers shall be approved by the
Community Development Director or designee. A cash bond of $1,000 shall be
required for any construction trailers placed on the site and used during
construction. Bonds will be released after removal of trailers and restoration of the
Applicants Initials: Page 5 of 27
site to an acceptable state, subject to approval of the Community Development
Director or designee. Such trailer(s) shall be fully on private property and outside
the public right of way.
23. Graffiti shall be removed within 24 hours.
24. The entire site shall be kept free from trash and debris at all times and in no event
shall trash and debris remain for more than 24 hours.
25. Install, operate and maintain full capture systems for all storm drains that captures
runoff from the facility or site.
26. If any of the conditions of approval set forth herein fail to occur, or if they are, by
their terms, to be implemented and maintained over time, if any of such conditions
fail to be so implemented and maintained according to their terms, the City shall
have the right to revoke or modify all approvals herein granted, deny or further
condition issuance of all future building permits, deny, revoke, or further condition
all certificates of occupancy issued under the authority of approvals herein granted;
record a notice of violation on the property title; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation.
27. Prior to the issuance of a building permit, the applicant shall have a reciprocal
parking agreement to utilize nearby existing parking spaces or, alternatively,
demonstrate a right to utilize other off -site parking in order to satisfy the offsite
parking spaces requirement identified in the Traffic Study dated July 14, 2016.
28. Prior to recordation of a final map, applicant shall have acquired from the City that
portion of APN 363- 161 -034 that is unnecessary for right of way purposes pursuant
to an executed purchase and sales agreement.
29. The Diamond Sports Complex shall avoid having large events on the same day
and time as large events are held at the Lake Elsinore Diamond. In the event of
scheduling conflicts where large events are planned on the same day and time at
both venues, Diamond Sports Complex shall apply for a Special Event permit
pursuant to Chapter 5.108 of the LEMC and shall include with the application a
parking management plan which demonstrates the location and proposed
coordination for making off -site parking spaces available to patrons of the special
event. The parking management plan shall be by the City Engineer or designee.
30. The Diamond Sports Complex shall be limited to a maximum of occupancy of
6,032. Any event exceeding this occupancy shall obtain a Special Event permit
pursuant to Chapter 5.108 of the LEMC. Notwithstanding the foregoing, the
maximum occupancy shall not exceed that allowed by the Fire Marshall.
Applicants Initials: Page 6 Of 27
31. Applicant shall submit to the City's acting Police Chief a Security Plan prepared to
the Chief's satisfaction outlining implementation of the following measures, which
shall be monitored by the Police Department. At a minimum, the security plan shall
provide the following:
a) A Closed Circuit Television System capable of viewing and recording events
inside the premises, including the entrance and exits doors to
restroom /locker room facilities, courts, food concession facilities, and visitor
viewing /seating areas.
b) A Closed Circuit Television System capable of viewing and recording events
immediately outside the premises, including all entrance /exit doors, outside
perimeter walls, and parking areas.
c) A tape or disc storage library of recorded cameras kept for a minimum of 60
days.
BUILDING AND SAFETY
GENERAL CONDITIONS
32. Final Building and Safety Conditions will be addressed when building construction
plans are submitted to Building and Safety for review. These conditions will be
based on occupancy, use, the California Building Code (CBC), and related codes
which are enforced at the time of building plan submittal.
33. All design components shall comply with applicable provisions of the 2013 edition
of the California Building, Plumbing and Mechanical Codes: 2013 California
Electrical Code; California Administrative Code, 2013 California Energy Codes,
2013 California Green Building Standards, California Title 24 Disabled Access
Regulations, and Lake Elsinore Municipal Code.
34. The application shall provide 10% voluntary green measures on the project, as
stipulated by the 2013 California Green Building Standards.
35. Applicant shall provide details of all applicable disabled access provisions and
building setbacks on plans to include:
a) All ground floor units to be adaptable.
b) Disabled access from the public way to the entrance of the building.
c) Van accessible parking located as close as possible to the main entry.
d) Path of accessibility from parking to furthest point of improvement.
e) Path of travel from public right -of -way to all public areas on site, such as
club house, trach enclosure tot lots and picnic areas.
Applicants Initials: Page 7 of 27
36. Applicant must obtain street addressing for all proposed buildings by requesting
street addressing and submitting a site plan for commercial or multi - family
residential projects or a recorded final map for single- family residential projects.
37. A receipt or clearance letter from the Lake Elsinore School District shall be
submitted to the Building and Safety Department to ensure the payment or
exemption from School Mitigation Fees.
38. Applicant must obtain all building plans and permit approvals prior to
commencement of any construction work.
39. Trash enclosures, patio covers, light standards, and any block walls will require
separate approvals and permits.
40. On -site sewer and water plans will require separate approvals and permits.
41. Applicant shall provide a house electrical meter to provide power for the operation
of exterior lighting, irrigation pedestals and fire alarm systems for each building on
the site. Developments with single user buildings shall clearly show on the plans
how the operation of exterior lighting and fire alarm systems when a house meter
is not specifically proposed.
AT PLAN REVIEW SUBMITTAL
42. Applicant must submit to Building and Safety four (4) complete sets of plans and
two (2) sets of supporting calculations for review and approval including:
a) An electrical plan including load calculations and panel schedule, plumbing
schematic, and mechanical plan applicable to scope of work.
b) A Sound Transmission Control Study in accordance with the provisions of
the Section 1207, of the 2013 edition of the California Building Code.
c) A precise grading plan to verify accessibility for the persons with disabilities.
d) Truss calculations that have been stamped by the engineer of record of the
building and the truss manufacturer engineer.
PRIOR TO ISSUANCE OF GRADING PERMIT(S)
43. Onsite water and sewer plans, submitted separately from the building plans, shall
be submitted to Building and Safety for review and approval.
44. A demolition permit shall be obtained if there is an existing structure to be removed
as part of the project.
Applicants Initials: Page 8 of 27
PRIOR TO ISSUANCE OF BUILDING PERMIT (S)
45. Applicant shall provide appropriate stamp of a registered professional with original
signature on the plans.
46. A pre- construction meeting is required with the building inspector prior to the start
of the building construction.
ENGINEERING DIVISION
GENERAL
47. 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
approved by the City Council.
48. All open space and slopes outside the public right -of -way shall be owned and
maintained by property owner or property owner's association.
49. 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.
50. Developer shall mitigate to prevent any flooding and /or erosion downstream
caused by development of the site and or diversion of drainage.
51. 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.
52. The developer shall provide a copy of an encroachment permit or any approval
documents from the Riverside County Flood Control District for encroaching,
grading, or discharging into County flood control facilities.
53. All required soils, geology, hydrology and hydraulic, and seismic reports shall be
prepared by a Registered Civil Engineer.
FEES
54. All fees required for subdivisions under Chapter 16 of the LEMC or otherwise
authorized by ordinance or resolutions, and as required by these COA, shall be paid.
The developer shall pay all Engineering Division assessed , plan check and permit
fees (LEMC 16.34). Applicable Development Impact Fees include but not limited
to: Fire Facility Impact Fee, Library Capital Improvement Fund Fee, ), Multiple
Applicants Initials: Page 9 of 27
Species Habitat Conservation Plan fees (MSHCP), Park Capital Improvement
Fund Fee, Public Building Impact Fees, Stephens Kangaroo Rat Habitat Fee,
Storm Drain Capital Improvement Fund Fee, Traffic Infrastructure Fee (TIF), and
Transportation Uniform Mitigation Fee (TUMF) .
55. Mitigation Fees will be assessed at the prevailing rate at time of payment in full.
FLOOD PLAIN
56. Site development along the wetlands shall require special grading and erosion
control requirements (LEMC Title 15)
57. Project lies within a FEMA mapped special flood hazard zone and within the
Floodplain Management area as defined at LEMC 15.68.
58. Meet all requirements of LEMC 15.68 regarding floodplain management. Finish
floor elevation of all existing non - permitted (buildings put in place subsequent to
the original CUP) and future buildings shall be a minimum of 1267 ft. Any fill placed
in the 100 -year flood plain for the purposes of elevating the building floor out of the
flood plain shall require a CLOMR /CLOMR -F and LOMR /LOMR -F to be processed
with FEMA.
59. No improvement shall be made upon all lands below the 1265 ft elevation level in
the FEMA mapped Lake Elsinore flood plain southeasterly of the Lake levee and
no artificial change in the topography in the surface of said lands shall be made
(except terracing and soil conservation measures) without first complying with all
applicable local, State and Federal laws, rules and regulations and Section 404 of
the Clean Water Act. LEMC 15.68.052
60. Meet all requirements of LEMC 15.64 regarding flood hazard regulations to include
elevation of the lowest floor a minimum of 2 feet above the base flood elevation in
FEMA mapped special flood hazard areas (100year).
61. Provide written approval of construction activity within the wetlands from the U.S..
Department of Fish and Game and U.S. Army Corp of Engineers.
62. 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:
a)
General Permit - Construction
b)
General Permit - Industrial
c)
Scrap Metal
d)
Deminimus Discharges
Applicants Initials: Page 10 of 27
e) MS4
61 The project shall complete and submit for review and approval to the Engineering
Division BOTH a preliminary and final WQMP, incorporating the LID Principles and
Stormwater BMPs.
64. The preliminary WQMP shall be approved prior to scheduling for Planning
Commission; the final WQMP shall be approved prior to issuance of any grading
or building permit.
65. The applicant shall use the Water Quality Management Plan for the Santa Ana
Region of Riverside County guidance document and template for WQMP
preparation.
66. 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:
a) Detailed site and project description
b) Potential stormwater pollutants
c) Post - development drainage characteristics
d) Low Impact Development (LID) BMP selection and analysis
e) Structural and Non - Structural source control BMPs
f) Site design and drainage plan (BMP Exhibit)
g) Vector issues are addressed in the BMP design, operation and
maintenance.
h) GIS coordinates for all LID and Treatment Control BMPs
i) 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.
67. 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,
X11. E. 3, and X11. E. 7)
a) Evaluation of highest and best use for sites discharging to Lake Elsinore.
Applicants Initials: Page 11 of 27
b) 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.)
c) The Project shall `Infiltrate, harvest and use, evapotranspire and /or bio -treat
the 85th percentile storm event also known as the Design Capture Volume
(DCV).
d) 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.
e) 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.
68. Parking lot landscaping shall be designed to with concave landscape grading and
provide for treatment, retention or infiltration of runoff.
69. Project hardscape areas shall be designed and constructed to provide for drainage
into adjacent landscape and permeable surfaces in low traffic roads and parking
lots.
70. Trash enclosures shall be bermed and covered.
71. Water Quality Facilities that service more than one parcel shall be placed in an
easement to provide for maintenance and prevent obstruction.
72. 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.
73. California Environmental Quality Act (CEQA) — If the environmental documents
prepared pursuant to CEQA identify 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.
74. The project shall use either volume -based and /or flow -based criteria for sizing
BMPs in accordance with NPDES Permit Provision XII.D.4.
Applicants Initials: Page 12 of 27
CONSTRUCTION:
75. A Stormwater Pollution Prevention Plan ( SWPPP) is required for this project. A
copy of the current SWPPP shall be kept at the project site and be available for
review upon request.
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, California
Building Code, 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.
POST CONSTRUCTION:
76. Recorded 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; (3) describes the mechanism for funding the
long -term operation and maintenance of the referenced BMPs, and (4) provides
for annual certification of water quality facilities by a registered civil engineer and /or
the City for a fee if the service is available.
77. 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.
78. 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:
a) 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.
b) Demonstrate that the project has complied with all non - structural BMPs
described in the project's WQMP.
c) Provide signed, notarized certification from the engineer of work that the
structural BMP's identified in the project's WQMP are installed and
operational.
Applicants Initials: Page 13 Of 27
d) Submit a copy of the fully executed, recorded Operations and
Maintenance (O &M) Plan for all structural BMPs.
e) 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 Owner's Association as appropriate.
f) 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.
g) Provide a recorded copy of one of the following:
i) CC &R's (they must include the approved WQMP and O &M Plan)
for the project's Owners Association.
ii) A water quality implementation agreement with the approved
WQMP and O &M Plan attached; or
iii) The final approved Water Quality Management Plan and
Operations and Maintenance Plan.
79. 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.
80. 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 NPDES Coordinator.
81. 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).
PARCEL MAP
82. The developer shall submit for plan check review and approval a final map.
83. 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
Applicants Initials: Page 14 of 27
sheet of the map the improvements to be constructed or have improvement plans
submitted and approved, agreements executed and securities posted.
UTILITIES
84. 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 property
owner's agent.
85. All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of
the Lake Elsinore Municipal Code (LEMC)
86. 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.
87. 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).
88. 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
89. Sight distance into and out of the project location shall comply with CALTRANS
Standards.
90. The developer shall install permanent bench marks per City of Lake Elsinore
Standards and at locations to be determined by City Engineer.
91. The developer shall install blue dot markers in the roadway at a right angle to Fire
Hydrant locations per Lake Elsinore Standards.
92. The developer shall coordinate with Riverside Transit Authority for location and
installation of bus transit facilities.
Applicants Initials: Page 15 of 27
93. 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.
94. All drainage facilities in this project shall be constructed to Riverside County Flood
Control District Standards.
95. 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 �temTs;�all be designed e en- suns —t at
fu.Re Y-frG 'r r.1-yi —vtgr - Gf-6 -- ouFs or 24 hours dur tiery_URd
is equal—$r -I 4- -tan the— Upo mr nr nviefiRg Geed ns of the same stvri�
fresneir�nr.r Qn #h L: hnair 7�nrnrm duration s-h'iY lszor to refnrrnin-e
t- �e-- -eteni- detention- GapaGit' eGess ry to aGGGm-.RljS- r
e desired resu #cr A
hydrologic anal sis that computes-pre and post development hydrology for the 24-
hr Design Storm event with a 2- r return period is required. The ro'ect post-
construction runoff volume and time of concentration must show a 5% or less
increase over the re- construction runoff, or show a post-development h dro ra h
of no more than 110% of the pre development 2 r, 24hr peak flow. (Modified by
the City Council on 10/25/16)
96. 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.
97. Roof drains shall not be allowed to outlet directly through coring in the street curb.
Roofs should drain to a landscaped area.
98. The site shall be planned and developed to keep surface water from entering
buildings (California Green Building Standards Code 4.106.3).
99. 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.
100. 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.
101. The owner shall dedicate in fee title to the City a strip of right -of -way along
Diamond Drive adjacent to the property frontage for a total right -of -way of 50' wide
from centerline to the project property line.
Applicants Initials: Page 16 of 27
102. The owner shall dedicate an irrevocable access easement across the northerly
driveway extending to the northerly parcel for public use.
103. The developer shall construct full street improvements and dedicate right -of -way
on Diamond Drive such that the ultimate right -of -way width conforms to General
Plan right -of -way cross sections. The cross section of roadway improvements with
a raised median (if applicable and if applicable, developer shall pay cash -in -lieu of
construction of Y2 the raised median), parkway, street lights, bike lane, and curb,
gutter and sidewalk, shall be consistent with other development on Diamond Drive,
as recommended by the City. The road improvements shall be consistent with the
Traffic Analysis (revised) dated July 28, 2016 and the General Plan Circulation
Plan.
104. The developer shall implement mitigation measures identified in the Traffic
Analysis dated July 28th, 2016, as specified in Section 10 of this Study to the
satisfaction of the City Engineer.
105. The developer shall install a traffic signal at the Diamond Drive and Pete Lehr
intersection. The traffic signal shall be installed and operational prior to the
issuance of the final occupancy.
106. Street improvement plans shall be prepared by a Registered Civil Engineer and
the plans shall include curb and gutter, sidewalk, ac pavement, street lighting,
median, trail, and drainage improvements.
107. The developer shall provide signing and striping plans for the required
improvements of this project. The plans shall also incorporate traffic calming
measures on local streets.
108. 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
109. 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.
110. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 Y2" x 11" Mylar) shall be submitted to the Engineering Division
before final inspection of public works improvements will be scheduled and
approved.
Applicants Initials: Page 17 of 27
111. The developer shall be responsible for acquiring right -of -ways in which the
developer or the City has no legal title or interest.
112. 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
113. The developer shall participate in "fair share" payment of offsite improvements as
described in Section 11 of the Traffic Analysis dated July 28, 2016 to the
satisfaction of the City Engineer, if the offsite improvements are not subject to
TUMF or established City of Lake Elsinore fees.
114. A portion of the required improvements for this development maybe 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.
115. The developer shall submit a written request for acceptance to the City Engineer.
116. As -built plans shall be completed and signed by the City Engineer_
GRADING
DESIGN:
117. 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).
118. All grading plan contours shall extend to minimum of 50 feet beyond property lines
to indicate existing drainage pattern.
119. The grading plan shall show that no structures, landscaping, or equipment are
located near the project entrances that could reduce sight distance.
120. 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
Applicants Initials: Page 18 of 27
modifies the existing flow patterns and /or topography shall be approved by the City
Engineer.
121. 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.
122. 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.
ERMIT /CONSTRUCTION:
123. Developer shall execute and submit grading and erosion control agreement, post
grading security and pay permit fees as a condition of grading permit issuance.
124. A preconstruction meeting with the City Public Works Inspector (Engineering
Division) is required prior to commencement of ANY grading activity.
125. 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
126. 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 import 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)
127. Export sites located within the Lake Elsinore City limits must have an active
grading permit.
128. 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.
129. 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.
Applicants Initials: Page 19 of 27
130. 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.
131. Approval of the project Water Quality Management Plan (WQMP) for post
construction shall be received prior to issuance of a grading permit.
132. Submit an approved environmental clearance document to the Engineering
Division. This approval shall identify and clear all proposed grading activity
anticipated for this project.
133. 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
134. Provide final soils, geology and seismic report, including recommendations for
parameters for seismic design of buildings, and walls prior to building permit.
135. AppFov l of a letter of n r n 1 (AMR) or later rs mn 'v sion based on fill
I(LOM F) mist be r®nniwed from G^ n ,e Prior to the issuance of a building L ear rmit
approval of a Conditional Letter of Map Revision CLOMR must be received from
FEMA. (Modified by the City Council on 10/25/16)
136. All required public right -of -way dedications and easements shall be prepared by
the developer or developer's agent and shall be submitted to the Engineering
Division for review and approval prior to issuance of building permit.
137. 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 developer shall propose plans and
measures for chemical management (including, but not limited to, storage,
emergency response, employee training, spill contingencies and disposal) to the
satisfaction of the County /City Building Official(s).
138. The Parcel Map shall be recorded.
139. All street improvement plans, traffic signal plans, signing and striping plans shall
be completed and approved by the City Engineer.
Applicants Initials: Page 20 of 27
140. The developer shall pay all Capital Improvement TIF and Master Drainage Fees
and Plan Check fees (LEMC 16.34).
IOR TO OCCUPANCY
141. Prior to the issuance of a Certificate of Occupancy approval of _a letter of map
revision LOMB or letter of map revision based on fill LOMR -F must be received
from FEMA. (Modified by the City Council on 10/25/16)
142. The traffic signals referenced in Condition of Approval No. 104 shall be installed
per the Traffic Analysis (revised) dated July 28, 2016 to the satisfaction of the City
Engineer.
143. 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.
144. The fair share cost of future improvements as a condition of this development shall
be paid.
145. All final studies and reports, grade certifications, monument certifications (with tie
notes delineated on 8 Y2 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. All plan sets and recorded maps shall be digitized and
provided on CD /DVD as follows:
a) Final Map(s) - GIS Shape files* and .tif of recorded map.
b) Improvement Plans — GIS Shape files* and .tif of approved as built mylar.
c) Grading Plans - .tif of approved as built mylar.
d) *GIS Shape files must be in projected Coordinate System: NAD 83 State
Plane California Zone VI U.S. Fleet.
146. Developer shall provide FEMA elevation certificates for all buildings (includes
trailers and storage facilities) prior to final approvals. If a LOMR -F has been
processed and approved by FEMA, the letter of determination and certification may
be in the form of a letter signed and sealed by a licensed civil engineer.
147. 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.
148. Documentation of responsibility for slope maintenance along right -of -ways and
open spaces to be maintained by the property owner or other entity shall be
provided in a recordable format and recorded prior to occupancy /final.
Applicants Initials: Page 21 of 27
149. All signing and striping and traffic control devices onsite and offsite shall be
installed.
150. The developer shall pay fee in -lieu of construction of future median improvements
on Diamond Drive and Mission Trail. The fee shall be equal to current cost
estimate for improvements (including contingency) plus an additional 15% of the
total construction cost estimate to cover design and administrative costs. The cost
estimate shall be approved by City staff.
151. 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.
152. Prior to grading or building permit close -out and /or the issuance of a certificate of
use or a certificate of occupancy, developer shall:
a) Demonstrate that all structural BMPs have been constructed, installed and
are functioning in conformance with approved plans and specifications and
the WQMP;
b) Demonstrate that they are prepared to implement all non - structural BMPs
included in the conditions of approval or building /grading permit conditions;
c) Demonstrate that an adequate number of copies of the approved project
specific WQMP are available for the future owners /occupants; and
d) 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.
153. 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.
154. Developer shall pay all outstanding applicable processing and development impact
fees, including but not limited to: Fire Facility Impact Fee, Library Capital
Improvement Fund Fee, ), Multiple Species Habitat Conservation Plan fees
(MSHCP), Park Capital Improvement Fund Fee, Public Building Impact Fees,
Stephens Kangaroo Rat Habitat Fee, Storm Drain Capital Improvement Fund Fee,
Traffic Infrastructure Fee (TIF), and Transportation Uniform Mitigation Fee (TUMF)
Applicants Initials: Page 22 of 27
CITY OF LAKE ELSINORE FIRE MARSHAL
GENERAL CONDITION
155. Riverside County Fire Department Lake Elsinore Office of the Fire Marshal -
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 Office of the Fire Marshal 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.
156. 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.
157. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 3,000 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 400' and 225' maximum distance from any point on the street or
road frontage to hydrant.
158. Super Fire Hydrants- Super fire hydrants (6" x 4" x 2 -2 1/2 "), 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.
159. 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:
a) Thirty feet (30') 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.
b) 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].
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c) The required all weather vehicular access shall be able to support no less
than 75,000 lbs. over 2 axles.
d) Roadway gradient shall not exceed 15% on any access road, driveways,
and perimeter roads.
e) Turning Radius shall be 28' inside and 48' outside for all access roads.
160. 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.
161. 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 24 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.
162. 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 .5 inch in height, incorporating the
suggested wording "FIRE AND /OR SMOKE BARRIER — PROTECT ALL
OPENINGS," or other wording.
PRIOR TO BUILDING PERMIT ISSUANC
163. 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.
164. 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
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approval. Two (2) copies of the signed and approved water plans shall be returned
to the Fire Department before release of a building permit.
165. 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
166. 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.
167. EvacuationNoice Fire Alarm System- Install a manual and /or automatic
emergency voice /alarm communication fire alarm system in accordance with
California Building Code, California Fire Code and adopted standards. The location
of the Fire Alarm Control Unit shall be located in an environmentally controlled
location in accordance with NFPA 72. A C -10 licensed contractor must submit
plans, along with the current fee, to the Fire Department for review and approval
prior to installation.
168. 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.
169. 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.
170. Fire Extinguishers — Minimum Install portable fire extinguishers complying with
Section 906 of the 2013 California Fire Code with a minimum rating of 2A -10BC
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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 the wall. Contact Fire Dept. for proper placement of equipment prior
to installation.
171. Hood /Duct Suppression Systern- 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.
DEPARTMENT OF ADMINISTRATIVE SERVIC
172. Prior to the issuance of the first building permit, the applicant shall consent to the
formation of Community Facilities District or annex into the proposed Community
Facilities District No. 2015 -2 (Maintenance Services) to fund the on -going
operation and maintenance of the public right of way landscaped areas and
neighborhood parks to be maintained by the City and for street lights in the public
right of way for which the City will pay for electricity and a maintenance fee to
Southern California Edison, including parkways, open space and public storm
drains constructed within the development and federal NPDES requirements to
offset the annual negative fiscal impacts of the project. Applicant shall, make a ten
thousand dollar ($10,000) non - refundable deposit to cover the cost of the formation
or annexation process, as applicable. The applicant may propose alternative
financing mechanisms to fund the on -going operation and maintenance of the
public right of way landscaped areas and neighborhood parks to be maintained by
the City and for street lights in the public right of way for which the City will pay for
electricity and a maintenance fee to Southern California Edison, including
parkways, open space and public storm drains constructed within the development
and federal NPDES requirements to offset the annual negative fiscal impacts of
the project in lieu of creating /annexing into a district.
MITIGATION MONITORING AND REPORTING PROGRAM
173. The applicant shall comply with the following mitigation measures, which are set
forth in the Mitigation Monitoring & Reporting Program (MMRP) for the Diamond
Specific Plan EIR (SCH# 2009031084) and the first addendum, which was adopted
for this project.
Applicants dnitials: Page 26 of 27
hereby state that I acknowledge receipt of the approved Conditions of Approval for the
above named project and do hereby agree to accept and abide by all Conditions of
Approval as approved by the City of lake Elsinore City Council on October 25, 2016. 1
also acknowledge that all Conditions shall be met as indicated.
Date:
Applicant's Signature:
Print Name:
Address:
Phone Number:
Applicants Initials: Page 27 of 27