HomeMy WebLinkAboutPC Reso No 2015-21 (Circle K - Joy St.)RESOLUTION NO.2015-21
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE APPROVAL OF COMMERCIAL DESIGN
REVIEW NO. 2014-13; FOR THE DEVELOPMENT OF A NEW 4,500 SQUARE
FOOT CIRCLE K CONVENIENCE STORE WITH A 2,620 SQUARE FOOT
CANOPY WITH FIVE GASOLINE DISPENSERS AND ASSOCIATED
IMPROVEMENTS FOR THE VACANT LOT LOCATED AT THE SOUTHWEST
INTERSECTION OF RIVERSIDE DRIVE AND JOY STREET.
WHEREAS, AGC Design Concept, ("Applicant"), has filed an application with the
City of Lake Elsinore requesting approval of Commercial Design Review No. 2014-13
("Project") for the approval of a new 4,500 square foot Circle K convenience store with a
2,620 square foot canopy with five gasoline dispensers and associated improvements
for the vacant lot located at the southwest intersection of Riverside Drive (Highway 74)
and Joy Street (the "project"); and
WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184
(Design Review) the Planning Commission has been delegated with the responsibility of
making recommendations to the City Council pertaining to the commercial design
review; and
WHEREAS, on March 17,20'15 and April 7,2015 at duly noticed public hearings
the Planning Commission has considered evidence presented by the Community
Development Department and other interested parties with respect to this item.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION L The Planning Commission has considered the Project prior to
making a decision to recommend that the City Council approve Commercial Design
Review No. 2014-13.
SECTION 2. That in accordance with California Planning and Zoning Law and
the Lake Elsinore Municipal Code Section 17.184.080 Findings, the Planning
Commission makes the following findings regarding Commercial Design Review No.
2015-13:
1. The project, as approved, will comply with the goals and objectives of the
General Plan and the zoning district in which the project is located.
The commercial retail use ls appropiate to the site and sunounding
developments. The project is consisfenf with goals and policies of the General
Commercial General Plan Land Use Designation, is a permifted use in the C-2
(General Commercial) zoning distict, and complies with all development
standards. ln addition, safe and efficient circulation has been achieved onsite.
PLANNING COMMISSION RESOLUTION NO. 2015-21
PAGE 2 OF 3
2. The project complies with the design directives contained in LEMC '17184.060
and all other applicable provisions of the Municipal Code.
The retail commercial project is consr'sfenf with all provisions in LEMC Seclion
17.184.060 (Scope of design review), and complies with all development
standards set forih in LEMC Chapter 17.112 (Nonresidential Development
Standards).
3. Conditions and safeguards pursuant to LEMC 17.184.070, including guarantees
and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to ensure development of the property in
accordance with the objectives of this chapter and the planning district in which
the site is located.
Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project
was considered by the Planning Commission at duly noticed public heaings on
March 17,2015 and Apfl 7,2015, appropiate and applicable conditions of
approval have been included to protect the public health, safety and general
welfare, and the project is a permifted use in the C-2 (General Commercial) zone
district.
SECTION 4. Based upon all of the evidence presented, the above findings, and
the attached amended conditions of approval, the Planning Commission hereby
recommends that the City Council approve Commercial Design Review No. 2014-13.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 7th day of April 2015, by the
following vote:
Commission
ATTEST:
14:'rZ%"-
Richard J. MacHott, LEED Green Associate
Planning Manager
PLANN!NG COMMISSION RESOLUTION NO. 2015.2,t
PAGE 3 OF 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LAKE ELSINORE
I, Richard J. MacHott, Planning Manager of the Cig of Lake Elsinore, California,
hereby certify that Resolution No. 2015-21 as adopted by the Planning Commission of
the City of Lake Elsinore at a regular meeting held on the 7th day of April 2015, and that
the same was adopted by the following vote:
)*
AYES:
NOES:
ABSTAIN:
ABSENT:
CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT,
COMMISSIONER FLEMING, COMMISSIONER RAY
NONE
NONE
NONE
Planning Manager
t
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014-13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO.2014-02
GENERAL CONDITIONS
1. The proposed project (Commercial Design Review No. 2014-13, Conditional Use
Permit No. 2014-09 and Variance No. 2014-02) consists of the development of a
4,500 square-foot Circle K convenience store with a2,620 square-foot canopy with
five gasoline dispensers and a freestanding 1,085 square-foot automated car
wash. The project is located on the southwest corner of the intersection of
Riverside Drive and Joy Street (APN: 379-132-013).
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and
hold harmless the City, its Officials, Officers, Employees, and Agents from any
claim, action, or proceeding against the City, its Officials, Officers, Employees or
Agents to attach, set aside, void, or annul an approval of the City, its advisory
agencies, appeal boards, or legislative body concerning the proposed project
attached hereto.
PLANNING DIVISION
3. The applicant shall sign and complete an "Acknowledgment of Conditions" form
within 30 days of approval of the proposed project by the City Council and shall
return the executed original to the Community Development Department for
inclusion in the case records.
4. Commercial Design Review No. 2014-13 shall lapse and become void two (2)
years following the date on which the design review became effective, unless one
of the following: (1) priortothe 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 revtew 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 17.1 84 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.
5. Conditional Use Permit No. 2014-09; 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
Planning Commission Approved
Aprtl T ,2015
City Council
April 14,2015
Page 1 of 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014_02
has applied for and has been granted an extension of the design review approval
pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC)
Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a
conditional use permit granted pursuant to the provisions of this section shall run
with the land and shall continue to be valid upon a change of ownership of the site
or structure which was the subject of the conditional use permit application.
6. Variance No. 2014-02; shall lapse and shall become void one year following the
date on which the variance became effective unless, prior to the expiration of one
year, a building permit related to the variance is issued and construction
commenced and diligently pursued toward completion. Notwithstanding conditions
to the contrary, a variance granted pursuant to the provisions of Section
17.172.130 of Lake Elsinore Municipal Code (LEMC), shall run with the land and
shall continue to be valid upon a change of ownership of the site or structure which
was the subject of the variance application
7. 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.
B. All site improvements shall be constructed as indicated on the approved building
plans, as modified by these conditions of approval.
8a Exterior down liqhtinq fixtures on the wall facinq adjacent residences shall be no
hiqher than 12 feet above qround level. (Added by the Planning Commission at
its April 7,2015 hearing.)
9. Any minor revisions to approved site plan or building elevations shall be reviewed
and approved by the Community Development Director or designee. Any
substantial revisions to the site plan or building elevations shall be reviewed
according to the provisions of the Municipal Code in a similar manner as a new
application.
10. All roof mounted or ground support air conditioning units or other mechanical
equipment incidental to development shall be architecturally screened or shielded
by landscaping so that they are not visible from neighboring properly or public
streets. Any roof mounted central swamp coolers shall also be screened, and the
Community Development Director, prior to issuance of building permit shall
approve screening plan.
Planning Commission Approved
April 7, 2015
City Council
April 14,2015
Page 2 of 21
11.
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO, 2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
All exterior on-site lighting shall be shielded and directed on-site so as not to create
glare onto neighboring property and streets or allow illumination above the
horizontal plane of the fixture.
The 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.
The applicant shall construct the trash enclosure with a decorative roof to match
the colors and materials of the proposed project.
No exterior roof ladders shall be permitted.
All exterior downspouts shall be concealed within the buildings,
Three (3) sets of the Final Landscaping/lrrigation Detail Plan shall be submitted to
the Community Development Department with appropriate fees, reviewed and
approved by the City's Landscape Architect Consultant and the Community
Development Director or designee, prior to issuance of a building permit.
a) All planting areas shall have permanent and automatic sprinkler system
with 100% plant and grass coverage using a combination of drip and
conventional inigation methods.
b) All planting areas shall be separated from paved areas with a six inch
(6") high and six inch (6") wide concrete curb.
c) Planting within fifteen feet (15') of ingress/egress points shall be no
higher than thirty-six inches (36").
d) Landscape planters shall be planted with an appropriate parking lot
shade tree pursuant to the LEMC and Landscape Design Guidelines.
e) Any transformers and mechanical or electrical equipment shall be
indicated on landscape plan and screened as part of the landscaping
plan.
f) The landscape plan shall provide for ground cover, shrubs, and trees
and meet all requirements of the City's adopted Landscape Guidelines.
S) 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 app roval/acceptance by the Landscape
Consultant and Community Development Director or Designee.
12.
1a
14.
15.
'16.
Planning Commission Approved
April 7, 2015
City Council
Aptil 14,2015
Page 3 of 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014-13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
h)
i)
i)
k)
r)
20.
Planning Commission Approved
April T ,2A15
All landscaping and irrigation shall be installed prior to obtaining a
Certificate of Occupancy.
Final landscape plan must be consistent with approved site plan.
Final landscape plans to include planting and irrigation details.
No grass turf landscaping will be installed.
All landscaping and irrigation shall comply with the water-efficient
Iandscaping requirements set forth in LEMC Chapter 19.08 (Water
Efficient Landscape Requirements), as adopted and any amendments
thereto.
17.
18.
19.
21.
22.
23.
The Applicant is to meet all applicable City Codes and Ordinances and regulations
of other City Departments.
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. The maximum heiqht of the freestandinq pvlon siqn at
the corner of Riverside Drive and Jov Street shall be 25 feet. (Amended by the
Planning Commission at its April 7,2015 hearing.)
Any freestanding signage shall conform to the ultimate street widening
improvements so as to achieve setback requirements applicable at that time.
The project's pylon sign shall incorporate the "E" crest of the City's logo in
accordance with the City's ldentification Standards Guide.
All walls or fences located in any front yard shall not exceed thirty-six inches (36")
in height with the exception that wrought-iron fences may be five feet (5') in height.
Chain link fences shall be prohibited.
All walls andior fencing need to be located off the property line. lf the Applicant
proposes to place any walls and/or fencing on the property line he/she must submit
a notarized agreement between the subject property owner and the adjacent
property owner to the Planning Department prior to installing the fence. The wall
located adjacent to residences shall be painted to match buildinq colors. (Amended
by the Planning Commission at its April 7,2A15 hearing.)
The project shall comply with all applicable requirements of the Lake Elsinore
Municipal Code, Title 17 - Zoning unless modified by approved Conditions of
Approval.
Clty Council
April 14,2015
Page 4 of 21
25.
lo.
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
The project shallconnect 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.
The applicant must provide a security camera system throughout the site for the
review of the Police Department and approval by the Director of Community
Development.
Pursuant to the provisions of Section "17.1'12.090(0) of the Lake Elsinore Municipal
Code. the sale of alcoholic beveraqes shall complv with the followinq requirements:
1. No beer or wine shall be displaved within five feet of the cash reoister or the
front door unless it is in a permanentlv affixed cooler as of Januarv 1,
1988.
2. No advertisement of alcoholic beveraqes shall be displaved at motor fuel
islands.
3. No sale of alcoholic beveraqes shall be made from a drive-in window.
4. No display or sale of beer or wine shall be made from an ice tub.
5. No beer or wine advertisinq shall be located on motor fuel islands and no
self-illuminated advertisinq for beer or wine shall be located on buildinqs
or windows.
6. Emplovees on dutv beMeen the hours of 10:00 p.m. and 2:00 a.m. shall be
at least 21 vears of aqe to sell beer and wine.
(Added by Staff at the Planning Commission hearing on April 7 ,2014.)
The hours of operation for the car wash shall be limited to the hours of 8:00 AM to
10:00 PM, Mondav thru Sundav. (Added by Staff at the Planning Commission
hearing on April 7 ,2015.)
BUILDING AND SAFETY DIVISION
Any and all existing or proposed public areas shall be made accessible in
accordance with Americans with Disabilities Act (ADA) requirements.
The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project
site identifying the approved days and hours of construction activity (i.e., 7:00 A.M.
- 7:00 P.M., Monday through Saturday with no construction activity to occur on
Sundays or legal holidays) and a statement that complaints regarding the
operation can be lodged with the City of Lake Elsinore Code Enforcement Division
27.
28.
29
Planning Commission Approved
April 7 , 2015
City Council
April 14,2015
Page 5 of 2'l
30.
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
(951) 674-3124. The sign shall be installed prior to the issuance of a grading
permit.
Any and all improvements shall be in compliance with the 2013 California Building
Code (CBC).
Prior to issuance of Building Permits, applicant shall provide assurance that all
required fees to the Lake Elsinore Unified School District have been paid.
Prior to issuance of Building Permits, applicant shall provide assurance that the
Public Building lmpact Fee has been paid.
Prior to issuance of Building Permits, the applicant shall provide assurance that
the Library Capital lmprovement Fund fee has been paid.
34. Prior to the issuance of Building Permits, the applicant shall provide assurance that
all Multiple Species Habitat Conservation Plan fees have been paid.
CITY OF LAKE ELSINORE FIRE MARSHAL
35. Lake Elsinore Fire Protection Planning Office Responsibility- lt 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.
36. Questions should be directed to the Riverside County Fire Department, Lake
Elsinore Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA
92530. Phone: (951) 671-3124 Ext.225.The following fire department conditions
shall be implemented in accordance with the Lake Elsinore Municipal Code and
the adopted codes at the time of project building plan submittal, these conditions
are in addition to the adopted code requirements.
37. 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.
38. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 1,750 GPM for 2
hours duration at 20 PSI residual operating pressure, which must be available
before any combustible material is placed on the job site. Average spacing
between hydrants 500'and 250' maximum distance from any point on the street or
31.
32.
33.
Planning Commission Approved
April T ,2015
City Council
April '14, 2015
Page 6 of 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014.13, CONDITIONAL USE PERMIT NO,
2014-09 AND VARIANCE NO. 2014-02
road frontage to hydrant. Fire Hydrant design must a minimum (6x4x2-112x2-112)
Super Fire Hydrant.
39. 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 siandards
but in no case shall the minimum fire department vehicular access be less the
following provisions:
. Twenty-four feet (24') clear width. Where parking is to be provided, each
parking side shall be provided with eight (8') additional feet on each side of the
fire department access.. Median openings or crossovers between opposing lanes of a divided highway
or street shall be located only at approved intersections at intervals of not less
than 500 feet. [Ord. 529 S 3.2(F), 1973].
. The required all weather vehicular access shall be able to support no less than
70,000 lbs. Over 2 axles.o Roadway gradient shall not exceed 15% on any access road, driveways, and
perimeter roads.. Turning Radius shall be 26' inside and 38'outside for all access roads
40. Secondary Access- ln 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.
41. Operating Permit Required - This project has been review and may require an
operating permit in addition to the construction permit that has been conditioned
for this project in accordance with 105.6 of The California Fire Code.
Prior To Buildinq Permit Issuance
42. Plan Check Fee- Building plan check fee made payable to The City Lake Elsinore,
and shall be submitted to the Fire Department at time plans are submitted to our
office(s).
43. Water System Plans- Applicant and/or developer shall separately submit 2 sets of
water system plans to the Fire Department for review. Plans must be signed by a
registered Civil Engineer and/or water purveyor prior to Fire Department review
and approval. Mylars will be signed by the Fire Department after review and
approval. Two (2) copies of the signed and approved water plans shall be returned
to the Fire Department before release of a building permit.
Planning Commission Approved
Aptil T , 2015
City Council
Aptil 14,2015
Page 7 ol 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
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. DurinE such 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 Buildinq Final lnspection
44.
45.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.
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. lf the building/facility is protected with a fire alarm or burglar
alarm system, it is recommended that the lock box be "tamper" monitoring.
Fire Extinguishers - Minimum lnstall portable fire extinguishers complying with
Section 906 of the 2013 California Fire Code with a minimum rating of 24-108C
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.
Underground Fuel Tank Permits - Applicant and/or developer shall be responsible
for obtaining underground fuel tank and dispenser tank permit, from the Riverside
County Fire Department and Environmental Health Department. Plans must be
submitted along with our "Plan Review Form" for approval prior to installation.
Contact the Fire Planning office for current plan check fees.
46.
47.
48.
49.
ENGINEERING DIVISION
GENERAL
50. 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.
Planning Commission Approved
April7,2015
City Council
April 14,2015
Page 8 of 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERGIAL DESIGN REVIEW NO. 2014-13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARIANCE NO. 2014-02
51. ln accordance with the City's Franchise Agreement for waste disposal & recycling,
the developer shall be required to contract with CR&R lnc. 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.
52. Developer shall mitigate to prevent any flooding and/or erosion downstream
caused by development of the site and or diversion of drainage.
53. 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.
54. All required soils, geology, hydrology and hydraulic, and seismic reports shall be
prepared by a Registered Civil Engineer.
FEES
55. The developer shall pay all Engineering Division assessed, Development Impact
Fees, Plan Check and Permitfees (LEMC 16.34). Applicable Development lmpact
Fees include: Railroad Canyon Road Benefit District, Stephens Kangaroo Habitat
Fee (K-Rat), Traffic lnfrastructure Fee (TlF), Transportation Uniform Mitigation Fee
(TUMF), and Area Drainage Fee.
56. Mitigation Fees will be assessed at the prevalent rate at time of payment in full.
FLOOD PLAIN
57. Project lies within the FEMA mapped 500 year floodplain. An elevation certificate
will be required prior to occupancy.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Desig n:
58. The project is responsible for complying with the Santa Ana Region NPDES
Permits as warranted based on the nature of development and/or activity. These
Permits include:. General Permit -Construction. General Permrt - lndustrial. Scrap Metal. Deminimus Discharges
Planning Commission Approved
April7,2015
City Council
April 14,2015
Page 9 of 21
59
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO.2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
. MS4
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) : (Secfion Xll.E.2,
Xll.E.3,and Xll.E.7)
o 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.)
. The Project shall 'lnfiltrate, harvest and use, evapotranspire and/or bio-treat
the Design Capture Volume (DCV).
. The Project shall consider a properly engineered and maintained bio-
treatment system only if infiltration, harvesting and use and
evapotranspiration cannot be feasibly implemented at the project site.
. Any portion of [the DCV] that is not infiltrated, harvested and used,
evapotranspired, and/or biotreated shall be treated and discharged in
accordance with the requirements set forth in Section Xll.G.
The project shall implement LID practices that treat the 85th percentile storm.
Parking lot landscaping shall be designed to provide for treatment, retention or
infiltration of runoff.
Project hardscape areas shall be designed and constructed to provide for drainage
into adjacent landscape.
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.
CEQA - lf CEQA identifies resources requiring Clean Water Act Section 401
Permitting, the applicant shall obtain certification through the Santa Ana Regional
Water Qualrty Control Board and provide a copy to the Engineering Division.
The project shall use either volume-based and/or flow-based criteria for sizing
BMPs in accordance with NPDES Permit Provision Xll.D.4.
60.
61.
62.
63.
64
65
Planning Commission Approved
April 7, 2015
City Council
April 14,2015
Page 10 of 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO.2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARIANCE NO. 2014-02
Construction:
66. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality
Management Plan (WQMP) for post construction are required for this project.
67. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated
as necessary and be available for review upon requesi. Projects that are not
subject to coverage under the General Permit - Construction will prepare and
implement an Erosion and Sediment Control Plan in compliance with the California
Building Code and Local Ordinances.
68. Prior to grading or building permit the applicant shall demonstrate that compliance
with the permit has been obtained by providing a copy of the Notice of lntent (NOl)
submitted to the State Water Resources Control Board and a copy of the letter of
notification of the issuance of a Waste Discharge ldentification (WDID) Number or
other proof of filing to the satisfaction of the City Engineer.
69. Erosion & Sediment Control - Prior to the issuance of any grading or building
permit, the applicant shall submit for review and approval by the City Engineer, an
Erosion and Sediment Control Plan as a separate sheet of the grading plan
submittal to demonstrate compliance with the City's NPDES Program and state
water quality regulations for grading and construction activities. The Erosion and
Sediment Control Plan shall identify how all construction materials, wastes,
grading or demolition debris, and stockpiles of soil, aggregates, soil amendments,
etc. shall be property covered, stored and secured to prevent transport into local
drainages or waters by wind, rain, tracking, or dispersion. The plan shall also
describe how the project will ensure that all BMPs will be maintained during
construction of any future right of ways. A copy of the plan shall be incorporated
into the SWPPP as applicable, kept updated as needed to address changing
circumstances of the project site, be kept at the project site and available for review
upon request.
Post Construction:
70. A. preliminary WQMP shall be submitted during the project entitlement stage. The
level of detail in a preliminary Project-Specific WQMP will depend upon the level
of detail known about the overall project design at the time project approval is
sought. At a minimum, the preliminary Project-Specific WQMP shall identify the
type, size, location, and final ownership of Stormwater BMPs adequate to serve
new roadways and any common areas, and to also manage runoff from an
Planning Commission Approved
April 7, 2015
City Council
April 14,2015
Page 11 of 21
71.
72.
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Planning Commission Approved
April 7, 2015
74.
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014-13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
expected reasonable estimate of the square footage of future roofs, driveways,
and other impervious surfaces on each individual lot
The applicant shall use the Water Quality Management Plan for the Santa Ana
Region of Riverside County guidance document and template for preparation of
both the preliminary and final WQMP.
The project shall complete and submit for review and approval to the Engineering
Division a final WQMP, incorporating the LID Principles and Stormwater BMPs
committed to in the preliminary Project-Specific WQMP. The finalWQMP shall be
approved prior to issuance of any grading or building permit.
WQMP - The Water Quality Management Plan WOMP) 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 PIan (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 lmpact Development (LlD) 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.
Operation and Maintenance (O&M) Plan that (1) describes the long-term operation
and maintenance requirements for BMPs identified in the BMP Exhibit; (2)
identifies the entity that will be responsible for long-term operation and
maintenance of the referenced BMPs; and (3) describes the mechanism for
funding the longterm operation and maintenance of the referenced BMPs
City Council
April 14,2015
Page 12of21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014.13, CONDITIONAL USE PERMIT NO,
2014-09 AND VARTANCE NO. 2014-02
75. 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.
76. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall
demonstrate compliance with applicable NPDES permits for construction,
ind ustrial/commercial, MS4, etc. to include:
. Demonstrate that all structural Best Management Practices (BMP's)
described in the BMP Exhibitfrom 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 POA as appropriate.
. Agree to pay for a Special lnvestigation 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
daled 12 months after C of O will be considered in lieu of a Special
lnvestigation by the City.
. 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 has the approved WQMP
and O&M Plan attached; or
3. The final approved Water Quality Management Plan and Operations
and Maintenance Plan.
UTILITIES:
77 . All arrangements for relocation of utility company facilities (power poles, vaults, fire
hydrants etc.) out of the roadway shall be the responsibility of the propedy owner
or his agent.
Pianning Commission Approved
April 7, 2015
City Council
Aptil 14,2015
Page 13 of 21
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CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO.2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014_02
All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of
the Lake Elsinore Municipal Code (LEMC)
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.
The developer shall apply for, obtain and submit to the City Engineering Division
a |etter from Southern California Edison (SCE) indicating that the construction
activity will not interfere with existing SCE facilities (aka SCE NIL).
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
82. Sight distance into and out of the project location shall comply with CALTRANS
Standards.
83. The developer shall Install permanent bench marks per City of Lake Elsinore
Standards at the centerline of Joy Street at the center ofthe driveway approach.
84. The developer shall install blue dot markers in the roadway at a right angle to Fire
Hydrant locations per Lake Elsinore Standards.
85. The developer shall coordinate with Riverside Transit Authority for location and
installation of bus transit facilities.
86. 10 year storm runoff shall be contained within the curb and the 100 year storm
runoff shall be contained wtthin the street right-of-way. When either of these criteria
are exceeded, drainage facilities shall be provided.
87. All drainage facilities in this project shall be constructed to Riverside County Flood
Control District Standards.
BB. A drainage study shall be provided. The study shall identify the following: identify
storm water runoff from and upstream of the site; show exrsting and proposed off-
City Council
April 14,2015
Planning Commission Approved
April 7, 2015
P age 14 of 21
89.
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO, 2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
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.
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.
Roof drains shall not be allowed to outlet directly through coring in the street curb.
Roofs should drain to a landscaped area.
The site shall be planned and developed to keep surface water from entering
buildings (California Green Building Standards Code 4.'106.3).
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.
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.
The owner shall dedicate in fee title to the City a strip of righlof-way along Joy
Street adjacent to the property frontage for a total right-of-way of 34' from
centerline to the project property line.
The developer shall construct half width + '12' street improvements on Joy Street
such that the ultimate right-of-way width conforms to General Plan Collector
Highway cross sections.
The owner shall dedicate in fee title to the City a strip of right-of-way along
Riverside Drive adjacent to the property frontage for a total right-of-way of 60' from
centerline to the project property line.
The developer shall construct street improvements and dedicate the half-width
rlght-of-way on Riverside Drive per General Plan Urban Arterial street right-of-way
requirements. The cross section of roadway improvements shall be consistent with
Caltrans requirements and subject to Caltrans approval. The Riverside Drive
90.
91.
o,
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97.
Planning Commission Approved
Aptil 7 , 2O15
City Council
April 14,2015
Page 15 of 21
98.
99.
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014-13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARIANCE NO. 2014-02
striping shall be right in, right out only, with left turn movement restricted, as
identified by Caltrans letter dated February 17,2015.
The developer shall construct a signal at the intersection of Riverside Drive and
Joy Street. The signal and intersection improvements shall be consistent with
Caltrans requirements and subject to Caltrans approval.
The applicant shall pay cash in lieu of construction of a raised median on Riverside
Drive if no restriction is constructed, per City Engineer approval. The fee shall be
equal to City Engineer approved 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 will be based on the lenqth of
the broiect frontaqe on Riverside Drive, anO str
Engineer. (Amended by Staff at the Planning Commission hearing on April 7,
2415.
100. The owner shall process a reciprocal access easement across the "future access
aisle" for public use with the adjacent property owner.
101. The developer shall implement mitigation measures identified in the Traffic
Analysis dated _February 25,2014_, as specified in Section VIl. A(1) and (2) and
Table 8 of this Study to the satisfaction of the City Engineer.
102. Caltrans approval of the site plan and improvement plans is required prior to
Building permit. A Caltrans encroachment permit must be obtained prior to
construction within the State Highway.
103, Street improvement plans shall be prepared by a Registered Civil Engineer and
the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, and
d rainage improvements.
104. 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.
Perm itti n g/Construction
105. An Encroachment Permit shall be obtained prior to any work on City and/or State
right-of-way. The developer shall submit the permit application, required fees and
executed agreements, security and other required documentation prior to
issuance.
Planning Commission Approved
April7,2015
City Council
April 14,2015
Page 16 of21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014-13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
106. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on B /," x 1 1" Mylar) shall be submitted to the Engineering Division
before final inspection of public works improvements will be scheduled and
approved.
107. 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 lmprovements
1 08. A portion of the required improvements for this development may be covered under
the Transportation Uniform Mitigation Fee (TUMF) program. Request for
reimbursement or credits shall be approved by WRCOG and based on allowable
costs in the fee program and availability of funds.
109. A portion of the required improvements for this development may be covered
under the Traffic lmpact Fee (TlF) 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.
110. The developer shall submit a written request for acceptance to the City Engineer.
111. As-built plans shall be completed and signed by the City Engineer.
GRADING
Des ig n:
112. 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 wrwv.lake-elsinore.org).
113. All grading plan contours shall extend to minimum of 50 feet beyond property lines
to indicate existing drainage pattern.
114. The grading plan shall show that no structures, landscaping, or equipment are
located near the project entrances that could reduce sight distance.
Planning Commission Approved
April 7, 20'15
City Council
Aptil 14,2015
Page 17 of 21
CITY OF LAKE ELSINORE
coMMERcrAL o=r,or??t?lilo$l ff lI!:sJ0hrrroNAL usE pERMrr No.
2014-09 AND VARTANCE NO. 2014-02
115. lf 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 by the City
Engineer.
116. 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.
117. 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.
PermiUConstruction:
118. Developer shall execute and submit grading and erosion control agreement, post
grading security and pay permit fees as a condition of grading permit issuance.
119. A preconstruction meeting with the City Public Works lnspector (Engineering
Division) is required prior to commencement of ANY grading activity.
120. Developer shall provide the city with a copy of the Notice of lntent (NOl) and Waste
Discharge ldentification (WDID) letter issued by the Regional Water Quality
Control Board for the National Pollutant Discharge Elimination System (NPDES)
program
121. 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.
AII 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)
122. Export sites located within the Lake Elsinore City limits must have an active
grading permit.
123. Applicant to provide to the City a video record of the condition of all proposed public
City haul roads. ln the event of damage to such roads, applicant shall pay full cost
of restoring public roads to the baseline condition. A bond may be required to
ensure payment of damages to the public right-of-way, subject to the approval of
the City Engineer.
Planning Commission Approved
April T ,2015
City Council
April 14,2015
Page '18 of 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014-13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
124. 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.
125. 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.
126. Approval of the project Water Quality Management Plan (WQMP) for post
construction shall be received prior to issuance of a grading permit.
127. Submit an approved environmental clearance document to the Engineering
Division. This approval shall identify and clear all proposed grading activity
anticipated for this project.
128. 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
129. Provide final soils, geology and seismic report, including recommendations for
parameters for seismic design of buildings, and walls prior to building permit.
130. 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 prior to issuance of building permit.
131 . All street improvement plans, traffic signal plans, signing and skiping plans shall
be completed and approved by the City Engineer per the Traffic lmpact Analysis
dated February 25,2015, as specified in Section Vlll.B (1) and (2) and figure 84 in
this study.
132. The developer shall pay all Capital lmprovement 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. 5e 98 shall be installed
per the Traffic Analysis (revised) dated February 25,2015 to the satisfaction of the
City Engineer. (Amended by the Planning Commission at its April 7 ,2015 hearing.)
Planning Commission Approved
April 7, 2015
City Council
April 14,2O15
Page 19 of 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO. 2014.13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARTANCE NO. 2014-02
134. AII signing and striping and traffic control devices for the required improvements of
this development shall be installed.
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. All water and sewer improvements shall be completed in accordance with Water
D istrict req u i rements.
137. Proof of acceptance of maintenance responsibility of landscape areas, and
drainage facilities shall be provided. Docurnentation of responsibility for
maintenance along right-of-ways to be maintained by the property owner shall be
provided in a recordable format and recorded prior to occupancy/final.
138. TUMF fees shall be paid, if they are not reimbursable. The TUMF fees shall be the
effective rate at the time of payment in full in accordance with the LEMC.
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. ln 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.
141. All final studies and reports, grade certifications, monument certifications (with tie
notes delineated on 8 Y.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.
142. AII 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.. lmprovement Plans - GIS Shape files* and .tif of approved as built mylar.. Grading Plans - .tif of approved as built mylar..GlS Shape files must be in projected Coordinate System: NAD 83 State Plane
California Zone Vl U.S. Fleet.
143. Developer shall provide FEMA elevation certificates for all habitable buildings prior
to final approvals. lf a LOMR-F has been processed and approved by FEMA, the
Planning Commission Approved
April 7, 2015
City Council
April14,2015
Page 20 of 21
CITY OF LAKE ELSINORE
CONDITIONS OF APPROVAL
COMMERCIAL DESIGN REVIEW NO.2014-13, CONDITIONAL USE PERMIT NO.
2014-09 AND VARIANCE NO. 2014-02
letter of determination and certification may be in the form of a letter signed and
sealed by a licensed civil engineer.
144. Final soil report showing compliance with recommendations, compaction reports,
grade certifications, monument certifications (with tie notes delineated on B /, x
1 1 " mylar) shall be submitted in .tif format on CD to the Engineering Division before
final inspection will be scheduled.
145. 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..
146. 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 build ing/grad ing 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
N PDES Coordinator for handouUguideline information.
147. 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.
148. Developer shall pay all outstanding applicable processing and development fees
including but not all inclusive: TUMF, MSHCP, TlF, Stephens Kangaroo Rat
Habitat and area drainage prior to occupancy/final approval.
Planning Commission Approved
April 7, 2015
City Council
April 14,2015
Page 21 of 21