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HomeMy WebLinkAboutCC Reso No 2016-137 TPM 37253 Civic Partners Subdivision of LotsRESOLUTION NO. 2016 -137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 37253 PROVIDING FOR THE SUBDIVISION OF 2 LOTS INTO FOUR (4) LOTS AND THE RECONFIGURATION OF THE ADJACENT RIGHT OF WAY Whereas, Jeff Pomeroy, on behalf of Civic Partners, has submitted an application for Tentative Parcel Map providing for the subdivision of two (2) lots into four (4) lots and the reconfiguration of the adjacent right of way. The Project site is located on 11.27 acres generally located at the northeast corner of Diamond Drive and Malaga Road. The site contains two parcels, identified as Assessor's Parcel Numbers (APNs) 365- 280 -022 and 373 - 210 -041; and, Whereas, pursuant to Sections 6.2.2 of the Diamond Specific Plan Amendment 1 (SPA) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) for Tentative Maps; and, Whereas, on December 6, 2016, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and, Whereas, pursuant to Section 6.2.3 (Tentative Maps) of the Diamond Specific Plan Amendment 1 (SPA) the Council of the City of Lake Elsinore (City) has the responsibility of making decisions to approve, modify or disapprove recommendations of the Commission for parcel maps; and, Whereas, on October 25, 2016, at a duly noticed Public Meeting, the Council has considered the recommendation of the 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Prior to taking action, the Council has reviewed and analyzed Tentative Parcel Map No. 37149 pursuant to the appropriate Planning and Zoning Laws, Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code (LEMC), and Section 6.2.3. Section 2. On December 13, 2016, after consideration and evaluation of all written reports and comments and oral testimony presented by the Community Development Department and other City departments, property owners, residents and other interested parties and such other matters as are reflected in the record of the noticed Public Hearing on the Project, the Council adopted Resolution No. 2016 -135 finding and determining that that Addendum #2 to the Diamond Specific Plan EIR (SCH 2009031084) is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA). CC Reso No. 2016 -137 Page 2 of 3 Section 3. That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings for approval of Tentative Parcel Map No. 37253: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City General Plan and with the Diamond Specific Plan Amendment #1. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The General Plan designates the site for Specific Plan (SP); the SP in turn designates the site for Mixed Use. Consistent with that designation, the proposed Tentative Parcel Map can accommodate future Commercial and Residential Land Uses. The Tentative Parcel Map is consistent with the Designated Land Use, development and design standards, and all other appropriate requirements contained in the General Plan, the Diamond Specific Plan and Amendment #1, and the Subdivision Map Act. 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan and the Diamond Specific Plan and Amendment #1. The Project site is vacant and is relatively flat. The proposed Tentative Parcel Map will subdivide two (2) lots into four (4) lots and will reconfigure the adjacent right of way will allow for the development with a maximum Floor Area Ratio of 0.80, consistent with the limitation of the Diamond Specific Plan Amendment #1. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The Project site has a General Plan land use designation SP, with a Specific Plan Land Use Designation of Mixed Use and will not have a direct impact on housing. The proposed Tentative Parcel Map which will subdivide two (2) lots into four (4) lots and will reconfigure the adjacent right of way will allow for development with a maximum Floor Area Ratio of 0.80 and will provide commercial uses to serve the surrounding and adjacent residential communities. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The Project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Section 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the recommends that the City Council of the City of Lake Elsinore, California, hereby approves Tentative Parcel Map No. 37253. CC Reso No. 2016 -137 Page 3 of 3 Section 5. This Resolution shall take effect from and after the date of its passage and adoption. Passed and Adopted this 13th day of December 2016: - Brian - Tisdale, Mayor Attest: Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDR ) ss. CITY OF LAKR ELSINORE ) I, Susan M. Domen, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016 -137 was adopted by the City Council of the City of Lake Elsinore, California, at the Regular meeting held on the 13th day of December 2016, and that the same was adopted by the following vote: AYES: Council Members Hickman, Johnson, Manos; Mayor Pro Tern Magee and Mayor Tisdale NOES: None ABSTAIN: None ABSENT: None Susan M. Domen, MMC City Clerk CONDITIONS OF APPROVAL RESOLUTIONS: PROJECT NUMBER: PA 2016 -38 (TPM 37253, CDR 2016 -07, and RDR 2016 -22) PROJECT NAME: Artisan Alley PROJECT LOCATION: APPROVAL DATE: December 13, 2016 EXPIRATION DATE: December 13, 2016 GENERAL CONDITIONS 1. Planning Application 2016 -38 (TPM 37253, CDR 2016 -07, and RDR 2016 -22) consists of the subdivision of two (2) lots into four (4) lots and the reconfiguration of the adjacent right of way and the development of 95,000 square feet of commercial space distributed between eight buildings and one (1) residential unit referred to as the "project ". The project site is located on 11.27 acres generally located at the northeast corner of Diamond Drive and Malaga Road. The site contains two parcels, identified as Assessor's Parcel Numbers (APNs) 365 -280- 022 and 373 - 210 -041. 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, 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. Page 1 of 25 Applicants Initials: 4. Permittee shall require that all qualifying contractors and subcontractors exercise their option to obtain a Board of Equalization sub - permit for the jobsite 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 a "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 designee prior to issuance of building permits. Permittee shall direct use taxes on out -of -City taxable purchased construction related items to the City 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. PLANNING DIVISION 5. Tentative Parcel Map No. 37253 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. 6. Tentative Parcel Map No. 37253 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. 7_ Commercial Design Review No. 2016 -07 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 Applicants Initials: Page 2 of 25 change of ownership of the site which was the subject of the design review application. 8. Residential Design Review No. 2016 -22 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. 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. Applicants Initials: Page 3 of 25 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 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. Applicants Initials: Page 4 of 25 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 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. Applicants Initials: Page 5 of 25 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. Applicant shall submit to the City's acting Police Chief a Security Plan prepared to the Chief's satisfaction.. 28. An unsubordinated restricted covenant providing reciprocal access and parking, approved by the Community Development Department and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Riverside County Recorder. A copy of the recorded covenant shall then be submitted to the Community Development Department In addition, provisions shall be made in the covenant to guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. BUILDING AND SAFETY GENERAL CONDITIONS 29, 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. 30. 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. 31. The application shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. 32. 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. Applicants Initials: Page 6 of 25 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. 33. 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. 34. 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. 35. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 36. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 37. On -site sewer and water plans will require separate approvals and permits. 38. 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 39. 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) 40. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. Applicants Initials: Page 7 of 25 41. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. PRIOR TO ISSUANCE OF BUILDING PERMIT 42. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. 43. A pre- construction meeting is required with the building inspector prior to the start of the building construction. ENGINEERING DIVISION GENERAL 44. 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. 45. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner or property owner's association. 46. 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. 47. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and or diversion of drainage. 48. 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. 49. 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. 50. All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. Applicants Initials: Page 8 of 25 FEES 51. The developer shall pay all development fees, including but not all inclusive: TUMF, TIF, Stephens Kangaroo Rat Habitat, Railroad Canyon Benefit District and Area Drainage Fees. 52. 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. 53. Mitigation Fees will be assessed at the prevalent rate at time of payment in full. FLOOD PLAIN 54. A portion of the project lies within a FEMA mapped special flood hazard zone and within the Floodplain Management area as defined at LEMC 15.68. The project design shall mitigate the potential impact. 55. 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. 56. 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). STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design: 57. 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 Deminimus Discharges MS4 Applicants Initials: Page 9 Of 25 58. 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. 59. 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. 60. The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for WQMP preparation. 61. 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. 62. 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 Xll. E. 2, Xll. E. 3, and Xll. E. 7) • The site meets the highest and best use criteria for discharges to Lake Elsinore. • Preventative measures (these are mostly non - structural measures, e.g., preservation -of natural features to a level consistent with the Applicants Initials: Page 10 of 25 MEP standard; minimization of Urban Runoff through clustering, reducing impervious areas, etc.) The Project shall provide for treatment of pollutants of concern the 85th percentile storm event prior to release to the MS4 in accordance with the requirements set forth in Section XII.G. 63. Parking lot landscaping shall be designed to with concave landscape grading and provide for treatment, retention or infiltration of runoff. 64. 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. 65. Trash enclosures shall be bermed and covered. 66. Water Quality Facilities that service more than one parcel shall be placed in an easement to provide for maintenance and prevent obstruction. 67. 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. 68. 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. 69. The project shall use either volume -based and /or flow -based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. Construction: 70. 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. 71. 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, Applicants Initials: Page 11 of 25 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: 72. 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. 73. 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. 74. 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 Owner's Association 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. Applicants Initials: Page 12 of 25 Provide a recorded copy of one of the following: 1. CC &R's (they must include the approved WQMP and O &M Plan) for the project's Owners Association. 2. A water quality implementation agreement with the approved WQMP and O &M Plan attached; or 3. The final approved Water Quality Management Plan and Operations and Maintenance Plan. 75. 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). FINAL PARCEL MAP 76. The developer shall submit for plan check review and approval a final map. 77. Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any permits. 78. 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. 79. The Final Parcel Map shall include the phasing boundaries consistent with the parcels of the Tentative Parcel Map. The phasing boundaries or parcels shall be processed as separate tract maps. UTILITIES: 80. 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. 81. All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of the Lake Elsinore Municipal Code (LEMC) 82. 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 Applicants Initials: Page 13 of 25 Elsinore Valley Municipal Water District, 83. 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). 84. 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 85. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. 86. Sight distance into and out of the project location shall comply with CALTRANS Standards. 87. The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 88. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 89. The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 90. 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. 91. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 92. 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. Applicants Initials: Page 14 of 25 93. 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. 94. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 95. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 96, 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. 97. The owner shall dedicate in fee title to the City right -of -way along Diamond Drive adjacent to the property frontage for a total right -of -way that is equivalent to the City Council approved alignment of Diamond Drive. 98. The developer shall construct half width street improvements on Diamond Drive such that the ultimate right -of -way width conforms to General Plan and Diamond Specific 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 shall be consistent with the City Council approved alignment of Diamond Drive. 99. The developer shall implement mitigation measures identified in the Traffic Analysis, when completed, to the satisfaction of the City Engineer. 100. The developer shall construct a four leg traffic signal at the intersection of Diamond Drive and Pete Lehr Drive. The traffic signal shall be installed and operational prior to the issuance of the final occupancy. 101. 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. 102. The developer shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures. 103. 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. Applicants Initials: Page 15 of 25 Permitting /Construction 104. 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. 105. 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. 106. All streets shall be constructed per Lake Elsinore City Standards and /or applicable specific plan. Acceptance of Improvements 107. The developer shall submit a written request for acceptance to the City Engineer. 108. As -built plans shall be completed and signed by the City Engineer. GRADING Design: 109. 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). 110. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 111. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 112. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or topography shall be approved bythe City Applicants Initials: Page 16 of 25 Engineer. 113. 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. 114. 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: 115. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 116. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 117. 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 118. 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) 119. Export sites located within the Lake Elsinore City limits must have an active grading permit. 120. 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. 121. All grading shall be done underthe 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. 122'. Review of the project Storm Water Pollution Prevention Plan (-SWPPP) and Applicants Initials: Page 17 Of 25 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. 123. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 124. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 125. 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 126. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 127. Approval of a letter of map revision (LOMR) or letter of map revision based on fill (LOMR -F) must be received from FEMA. 128. A Traffic Analysis shall be submitted and approved. 129. 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. 130. The Final Parcel or Final Tract Map shall be recorded. 131. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer. 132. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 133. The traffic signals referenced in Condition of Approval No. shall be installed to the satisfaction of the City Engineer. 134. All signing and striping and traffic control devices onsite and on Mission Trail and Diamond Drive shall be installed. Applicants Initials: Page 18 of 25 135. 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. 136. The fair share cost of future improvements as a condition of this development shall be paid. 137. 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. 138. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided in a recordable format and recorded prior to occupancy /final. 139. 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. 140. 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. 141. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2 x 11" mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 142. 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 *, AutoCad file, and .tif of approved as built mylar. ■ Grading Plans — AutoCad file and .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. 143. 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. 144. 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 Applicants Initials: Page 19 Of 25 through adjacent property(ies)shall be recorded with a recorded copy provided to the City prior to building permit issuance. 145. 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. 146. Water and sewer improvements shall be completed in accordance with Water District Requirements. 147. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, developer shall: • 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. 148. 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. 149. 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. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. CITY OF LAKE ELSINORE FIRE MARSHAL Applicants Initials: Page 20 Of 25 GENERAL CONDITIONS 150. 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. 151. 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. 152. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 2,000 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. 153. 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. Buildings exceeding 30' in height shall be provided 30' access roads adjacent to the protected building. • Access roads that contain a center median between opposing lanes of a divided access road shall be not less than 20' in width each direction. • The required all weather vehicular access shall be able to support no less than 75,000 lbs. over 2 axles. • Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. • Turning Radius shall be 24' inside and 48' outside for all access roads. Applicants Initials: Page 21 of 25 154. 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. 155. 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. 156. 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 ISSUANCE 157. 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. 158. 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. 159. Prior to Building Construction Verification- This project shall be inspected and approved by the Fire Marshal or designee prior-to bringing combustible materials Applicants Initials: Page 22 of 25 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 160. 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. 161. Sprinkler System Monitoring- Install an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water -flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with California Building Code, California Fire Code and adopted standards. An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location. The location of the Fire Alarm Control Unit shall be located in an environmentally controlled location in accordance with 10.14 (NFPA 72). 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. 162. 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. 163. 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. 164. 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. Fire Extinguishers located in public areas shall be in recessed cabinets mounted 48" (inches) to center above floor level with maximum 4' Applicants Initials: Page 23 of 25 projection from the wall. Contact Fire Dept. for proper placement of equipment prior to installation. 165. 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. If any of the conditions are unclear, difficult to understand, or you would like to setup a meeting please feel free to contact me at (951) 674 -3124 Ext. 225 so that I can better assist you in the approval of this project. DEPARTMENT OF ADMINISTRATIVE SERVICES 166. 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 167. 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 second addendum, which was adopted for this project. Applicants Initials: Page 24 of 25 I 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 December 13, 2016. 1 also acknowledge that all Conditions shall be met as indicated. Date: Applicant's Signature: Print Name: Address: Phone Number: Applicants Initials: Page 25 of 25