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HomeMy WebLinkAboutPC Reso No 2016-65 (MND 2012-01, CDR 201--03, CUP 2011-03, TPM35869)RESOLUTION NO. 2016.65 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2012- 01 FOR COMMERCTAL DESTGN REVIEW (CDR 2011-03), CONDTTTONAL USE PERMTT (CUP 2011-03), AND TENTATTVE PARCEL MAp (TpM 35869), Whereas, Larry Markham of MDMG on behalf of John Gamble (Applicant) has requested approval of Commercial Design Review (CDR 2011-03), Conditional Use Permit (CUP 2011-03), and Tentative Parcel Map (TPM 35869), as the Project, and, Whereas, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code SS 21000, et seq.: "CEQA") and the State lmplementation Gurdelines for CEQA (14 California Code of Regulations Sections 15000, et seq.. "CEQA Guidelines") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change ,n the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more publac agencies (Public Resources Code Section 21065); and, Whereas, pursuant to CEQA Guidelines Section 15063, the City conducted an lnitial Study to determine if the Prolect would have a significant effect on the environment. The lnitial Study revealed that the Project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels, and, Whereas, based upon the results of the lnitial Study, and based upon the standards set forth in CEQA Guidelines Section 15070. it was determined that it was approprrate to prepare and circulate Mitigated Negative Declaration (MND) 2012-01 for the Pro.iect MND; and, Whereas, pursuant to CEQA Guidelines Section 15072, on February 16, 2016, the City duly issued a notice of intent to adopt the MND; and, Whereas, in accordance with CEQA Guidelines Section 15073. the MND was made available for public review and comment for thirty days beginning on February 16, 2016, and ending on lvlarch 30,2016; and, Whereas, a Mitigation Monitoring and Reporting Program (MMRP) for the Project has been prepared in accordance with Section 21081 .6 of CEQA; and Whereas, the replacement Mitigation Measures as identified in the response to comments have been determined to not be significant and at a duly noticed Public Hearing have been considered and found to be more effective in reducing potentially Significant lmpacts to levels of less than significance; and, Whereas, pursuant to LEMC Chapter 1 7.168 Conditional Use Permits (CUP) the Planning Commission has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits, and, Whereas, pursuant to LEMC Chapter 17.1 84 (Design Review) and Chapter 16.24 the Planning Commission has been delegated with the responsibility of making recommendations to the City Reso No. 2016-65 Page 2 of 3 Council (Council) pertaining to Design Review of commercial Projects and Tentative Parcel Maps; and, Whereas, on August 16, 2016, at a duly noticed Public Hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. Section 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the MND. The Planning Commission hereby finds and determines that all public comments have been addressed. Section 3. The Planning Commission hereby finds that the MND for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA; and recommends to the Council that it make the same finding. The Planning Commission has reviewed and considered the information contained in the MND and finds that the MND represents the independent judgment of the City. Section 4. The Planning Commission further finds and determines that none of the circumstances listed in CEQA Guidelines Sectlon 15073.5 requiring recirculation of the MND are present and that it would be appropriate to recommend adoption the MND as proposed to the Council. Section 5. The Planning Commission hereby makes, adopts, and incorporates the following findings regarding the lack of potential environmental impacts of the Project and the analysis and conclusions set forth in the MND: 1 Revrsions in the Project plans or proposals made by or agreed to by the applicant before a MND and lnitial Study was released for public review and mitigation measures set forth in the lnitial Study would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the lnitial Study conducted for the Project, there ls substanfla/ evidence suggesting that a potential impacts to the environment resulting from the PAed can be mitigated lo /ess than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Repofting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced to /ess [han significant levels. There is no substantlal evidence, in the light of the whole record before the agency including the initial study and any comments received, that there is no substantial evidence that the Project will have significant effect on the environment. Pursuant to the evidence received, including comment letters, and in the light of the whole record presented, the Project will not have a significant effect on the environment. Reso No. 2016-65 Page 3 of 3 Section 7. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt Mitigated Negative Declaration No. 2014-0'1 and the MMRP for Commercial Design Review (CDR 2011-03), Conditional Use Permit (CUP 2011-03), and Tentative Parcel Map (TPM 35869) Section 8. This Resolution shalltake effect immediately upon its adoption. Passed and Adopted at a Regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 16th day of August 2016.. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE l, Justin Kirk, Principal Planner of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016-65 was adopted by the Planning Commission of the City of Lake Elsinore, California, at the Regular meeting of August 16, 2016, and that the same was adopted by the following vote: AYES: Commissioner's Jordan, Ross and Carroll, Vice-Chair Gray; and Chairman Armit NOES: None ABSTAIN: None ABSENT. None }SS RESOLUTIONS: PROJECT: PROJECT NAME: PROJECT LOCATION: APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: CONDITIONS OF APPROVAL cDR 2011-03, CUP 2011-03, & TTM 35869 Wakerider Beach Resort APN 371-040-011 GENERAL CONDITIONS 1. The proposed project CDR 2011-03, CUP 201 1-03, & TTM 35869 consists of the development of five buildings totaling 65,335 square feet, with associated on-site and off-site improvements, including hardscape and landscaping. More specifically, the on-site Project improvements consists of a 4,322 square foot retail/office building, three (3) buildings 18,246 square feet, 18,971 square feet and 15,911 for a proposed 50-suite hotel (with swimming pool), and a 7,885 square foot restaurant. ln additron, there will be a 1S-berth dock Tentative Parcel Map 35869 proposes a subdivision of the Project site into a total of three (3) parcels. The proposed project is located al 15172 Grand Avenue, generally located approximately 250'-0" north of the intersection of Grand Avenue and Serena Way and specifically referred to as Assessor Parcel Number 381 -030-005. 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, actron, or proceeding against the City, its Officials, Officers, Employees or Agents to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project attached hereto. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. PLANNING DIVISION 5. Project Entitlement CDR 2011-03 shall lapse and become void two years following the date on which the design reviewbecame effective, unless one of the following: Page 1 of Septernber !1,2014 20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 2 ol 20 Planning Commission July 19,2016 City Council TBD (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 17.184.12O. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter'17184 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. Project Entitlement CUP 2011-03 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 rssued and construction commenced and diligenfly pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a conditional use permrt 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 condittonal use permit application 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. All site improvements shall be constructed as indicated on the approved building plans, as modified by these conditions of approval. 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. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve 6 7. 8. L 10. Page 2 of 20 Conditions of Approval cDR 2011-03, CUP 2011-03, & TTM 35869 Page 3 of 20 Planning Commission July I 9, 20,16 City Council TBD screening plan. 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 soas 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 righ!of-way. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture. A uniform hardscape and street furniture design rncluding 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 perm its. Three (3) sets of the Final Landscaping / lrrigation Detail plans shall be submitted to the Community Development Department with appropriate fees, reviewed by theCity'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 allowed from paved areas into landscape areas. planting within fifteen feet (,15,) of ingress/egress points shall be no higher than twenty-four inches (24,,). c) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. d) No required tree planting bed shall be less than 5 feet wide. e) Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 11. 12. 13. 14. 15. Page 3 of 20 Conditions of Approval cDR 201 1-03, CUp 201 1-03, & TTM 35869 Page 4 of 20 Planning Commission July 19,2016 City Councit TBD s)The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City,s adopted Landscape Guidelines. All landscape improvements shall be bonded lOOok for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicani at the end of therequired two years with approval/acceptance reviewed by the Landscape Consultant and approved by the Community Development Director or Designee. All landscaping and irrigation sharl be instailed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consrstent with approved site plan. Final landscape plans to include planting and irrigation details. Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water Distrrct standards sublect to plan check and approval by the City's landscape plan check consultant. No turf shall be permitted. i) h) i) k) r) m) 16.Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the community Development Director. lf it is determinedthat 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. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a srgn 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. 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. Provisions of the city's Noise ordinance shall be satisfied during all site preparation and constructron activity. The applicant shall place a weatherproof 3' x 3' sign at the Page 4 of 20 17. 18 '19. Conditions of Approval cDR 201 1-03, CUp 201 1-03. & TTM 35869 Page 5 of 20 Planning Commission July 19, 2016 City Councjl TBD 20. 22 21 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 ear er than 8:00 a.m. and shall cease no later than 4:00 p.m. with no construction activlty to occur on Sundays or legal holidays. The sign shall identify the name and phone number of the development manager to address any complaints. 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 traile(s) shall be fully on private property and outside the public right of way. Graffiti shall be removed within 24 hours. 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. 23. lnstall, operate and maintain full capture systems for all storm drains that captures runoff from the facility or site. 24 lf 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. BUILDING AND SAFETY General Conditions 25. Final Buildino and Safetv Conditions. 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. Page 5 of 20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 6 of 20 Planning Commission July 19, 20.16 City Council TBD zo.compliance with code. All design components shall comply with applicableprovisions of the 2013 edition of the california Building, plumbin!] and MechanicalCodes: 2013 California Electrical Code; Cailfornia Administra-tive Code, 20.,|3calfornia Energy codes, 20 l3 california Green Building standards, california Tiile24 Disabled Access Regulations, and Lake Elsinore Municipal Code. steet Addressinq. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercialor multi-family residential projects or a recorded final map for single- family residential projects. clearance from LEUSD. 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. obtar.n Approvals Prror to construction. Applicant must obtain all building plans andpermit approvals prior to commencement of any construction work. 27. 28. 29. 30.Obtaininq Separate Approvals and Permits.s. Trash enclosures, patio covers, liight standards, and any block walls will require separate approvals and permits. 31. Sewer and water Plan Approvals. on-site sewer and water plans will requrre separate approvals and permits. 32 House Electrical Meter. 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 33. submittinq Plans and calculations. 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 20'1 3 edition of the California Building Code. Page 6 of 20 Conditions of Approval cDR 2011-03, CUp 2011-03. & TTM 35869 Page 7 of 20 Planning Commission July 19, 2016 City Council TBD c A precise grading pran to verify accessibirity 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 lssuance of Grading permit(s) 34. onsite water and sewer plans. onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 35. Demolition Permits. 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(s) JO. Ptg-CSlslrudjgilUeCllg A pre-construction meeting is required with the building inspector prior to the start of the building construction. GENERAL 38. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 39. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage 40. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. (CBC J 109.4) 41. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent propedy owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Page 7 of 20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 8 of 20 Planning Commission July '19, 2016 City Council TBD Engineer. 42. All storm drain inlet facilities shall be appropriately marked "No Dumping, Drains to Lake" using the City authorized marker to prevent illegal dumping in the drain system. 43. AII required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 44. 45. 46 47. 48, 49 50. E1 All required public right-of-way dedications and easements shall be prepared by the applicant or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. All Public works requirements shall be complied with as a condition of development as specified in the Lake Elsrnore Municipal Code (LEMC). ln accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R lnc. for removal and disposalof all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Anti-graffiti sealant will be applied to the exterior of all solid wall surfaces. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and/or out on the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities (35KV or lower) shall be undergrounded. Temporary power shall be installed per the requirements of Building Official. All power lines (temporary or permanent) shall comply with CALTRANS standards for vehicle clearance. The applicant shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not rnterfere with existing SCE facilities (aka SCE NIL). The applicant shall submit a "Will Serve" letter to the City Engineering Division for this project and specify the technical data for the water service at the location, such as water pressure and volume, etc. Submit this letter to the Engineering Division prior to applying for a building permit. 52. Show United States Corps of Engineers Jurisdictional Line and Lake shore line on Page 8 of 20 l Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 9 of 20 Planning Commission July 19, 2016 City Council TBD all construction plans. FEES 53. Applicant shall pay all applicable permit application and Engineering assessed fees, including without limitation plan-check and construction inspection fees, at the prevalent rate at time of payment in full. 54. The applicant shall pay all Engineering Division assessed Capital lmprovement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: . Traffic lnfrastructure Fee (TlF): $3.84 per square foot (commercial) of build ings . Transportation Uniform Mitigation Fee (TUMF): Service SF GFA $4.19/square foot, the project may be eligible for TUMF Credit for capacity enhancing road improvements constructed on Grand Avenue. . Area Drainage Fee: $3785.OO/gross acre (Ortega Hwy District #21) . Fees will be assessed at the prevalent rate at time of payment in full. 55. Applicant shall ensure that all outstanding applicable processing and development fees have been paid prior to occupancy/final approval FLOOD SAFETY 56 Project lies within a FEMA mapped special flood hazard zone and within the Floodplain Management area as defined at LEMC 15.68. Meet all requirements of LEMC '1 5.68 regarding floodplain management and LEMC 15.64 regarding flood hazard regulations. Finish floor elevation of ALL structures shall be a minimum of 1267 ft. Any fill placed in the 100-year flood plain for the purposes of elevating ihe building floor out of the flood plain shall require a CLOMR/CLOMR-F and LOMR/LOMR-F to be processed and approved by FEMA prior to any permit issuance. lf structures for temporary occupancy are proposed for construction in any portion of the 100 year special flood hazard zone, the applicant shall process for FEMA approval, a conditional letter of map revision (CLOMR) or conditional letter of map revision based on fill (CLOMR-F) to FEMA prior to issuance of grading permits; a copy of the CLOMR/CLOMR-F determination letter shall be provided to the Engineering Div. in satisfaction of this condition. 59. The project shall preserve the existing flood volume of the Lake area as defined at Page 9 of 20 57. 58 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 10 of 20 Planning Commission July '19, 2016 City Council TBD LEMC 15.68. All improvements and structures shall be constructed in such a manner as to result in a net zero impact to the existing flood plain volume 60. No improvements shall be made within the lake without first complying with all applicable local, State and Federal laws, rules and regulations and Section 404 of the Clean Water Act and obtaining permission from the applicable agencies (to include EVMWD). A copy of approval or non-ju risd ictiona I ruling shall be provided to the Engineering Div in satisfaction of this condition. 61. Provide written approval of construction activity within the wetlands from the U.S. Department of Fish and Game and U.S. Army Corp of Engineers. 62. Complete and submit to the Engineering Div. an Elevation Certificate for the as graded pad; and a final Elevation Certificate for flood insurance purposes prior to occupancy is required for all structures. STORM WATER MANAGEMENT / POLLUTION PREVENTION The applicant shall incorporate into the project plans combination of Site Design BMPs, Source Control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern identified for the project, as required by Federal and State regulations to include the California Green Building Standards, Section 5.106 and NPDES requirements for industrial and commercial projects within the San Jacinto and Santa Ana River Watersheds. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) are required for this project. A copy of the filed Notice of lntent (NOl) and State issued Waste Water Discharge ldentification Number (WDID) shall be provided to the Engineering Division prior to issuance of ANY PERM lT for construction. SWPPP BMP deployment shall be in full compliance with the then current General Permit for Construction activities. A preliminary WQMP using City approved template and in compliance with the then current Federal, State and local regulations shall be submitted to the City Engineering Division for review and approval during the DESIGN phase of the project and incorporate low impact development (LlD) principals such as permeable pavement, storm water retention and reuse. City approval shall be received prior to Planning Commission. 63 b4. 65 ob. t- Page 10 of 20 Conditions of Approval cDR 201 1-03, CUp 201 1-03, & TTM 35869 Page 11 of 20 Planning Commission July 19,2016 City Councit TBD 67. A final wQMP using city approved template and in compliance with then current Federal, state and Local regulations shall be submitted to the city Engineering Division for review. city approval shall be received prior to issuance of ANy PERMIT for construction (grading or building), 68 Trash - full capture devices approved by the city of Lake Elsinore shall be installed on all catch basins receiving discharge from the project. 69. ln a table on your grading and/or improvement plans, list each stormwater facility, and the plan sheet where it appears. 70. DURING CONSTRUCTIoN, NPDES education guidelines and Best Management Practices (BMPs) shall be posted to inform users of this development of environmental awareness and good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMps in the Riverside County NPDES Drainage Area Management plan. 71. The property owner is responsible for submittal to the City of an annual certification prepared by a registered civil engineer certifying the functionality of all post construction BMPs; the annual certification is due by July 1st of each year. 72. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, applicant shall: 1. Provide a signed, sealed certification from the project engineer of record certifying the as built construction, installation and functionality of all post construction BMPs installed by the project.2. Provide a copy of the Tenant Agreement, or Covenants, Conditions and Restrictions or other documentation as proof that they are prepared to implement all non-structural BMPs included in the WeMp;3. Provide the contact information for the onsite person responsible for implementation of the WQMP;4. Provide a copy of the packet the tenant/operator/owner will receive containing all education guidelines, good housekeeping practices, etc. for Water euality Management Practices. Contact the City NpDES Coordinator for handouUguideline information; and5. Operations and Maintenance Agreement using the City approved format shall be executed and recorded prior to Certificate of Occupancy. PARCEL MAP Page 11 of 20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 12 of 20 Planning Commission J uly 19,2016 City Councll TBD 75 73. The developer shall submit for plan check review and approval and cause to be recorded, a parcel map in the City approved format. 74. Phasrng plan, if any, shall be approved by the city Engrneer prior to issuance of any perm its. 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 ti e sheet of the map the improvements to be constructed or have improvement plans submitted and approved, agreements executed and securities posted. The Parcel Map shall include the phasing boundaries consistent with the parcels of the Tentative Parcel Map. Legal agreements and financial commitments for operation and maintenance of water quality facilities be recorded prior to or concurrent with recordation of the parcel map. 78. The owner shall dedicate in fee title to the city right-of-way along Grand Avenue adjacent to the property frontage for a total right-of-way of 60'wide from centerline to the project westerly property line. 79. The owner shall dedicate a reciprocal access easement concurrent with the recordation of the parcel map across the prolect site for public use; a copy of the recorded easement shall be provided to the Engineering Div. in satisfaction of this condition. TRAFFIC / CIRCULATION: Applicant shall implement mitigation requirements identified in the approved traffic study. Sight distance into and out of this project location shall comply with CALTRANS Standards. Dedicate additional right-of-way in fee trtle along Grand Avenue adjacent to the project. At a minimum the dedication shall provide for 60 feet half width from center line to property line. Applicant shall submit signing and striping plans for Grand Avenue and on-site to the Engineering Division for plan check review/approval. The signing and striping 76 77 BO 81. 82. 83 Page 12 of 20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page13of20 Planning Comm jssion July 19, 2016 City Council TBD B4 plans wrll also be concurrently reviewed and approved by caltrans, with an Encroachment permit issued prior to any construction in caltrans right of way. IMPROVEMENTS: The applicant shall obtain plan approval from Riverside county Flood control andwater conservation District and any other applicable agencies (Dept of Fish & Game, USACE, etc.) for discharge into Riverside county Flood control and water conservation District channel and construction activity or discharges into the Lake; l copy of approvals and/or non-ju risd ictional letters shall be provided to the Engineering Div. in satisfaction of this condition prior to issuance of a permit for construction. The applicant shall install permanent bench marks / monuments per Riverside County Standards and at intersection of the project entrance. The applicant shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Riverside County Standards. lnstall a root barrier for the dripline of trees installed within 10 feet of the sidewalk, other right of way or hardscape. lf the existing street improvements are to be modified, the existing street plans onfile shall be modified accordingly and approved by the city Engineer'prior to issuance of building permit. An encroachment permit is required for all work to be done in the public right-of-way. Applicant shall submit the permit application, required fees and documents prior io rssuance. Applicant shall be responsible for the installation of half-width curb, gutter, sidewalk, roadway pavement and drainage improvements to city standard fiom the existing property line back to the proposed property line on Grand Avenue along the property frontage; improvements shall transition to existing on north and south bf site. Provide public street lighting, consistent with california State codes and city Standards. 92. A california Registered civil Engineer shall prepare the improvement plans required for this project. lmprovements shall be designed and constructed to city of Lake B5 6tl 87 BB, 89. 90 9'r Page13of20 Conditions of Approval cDR 2011-03, CUP 2011-03, & TTM 35869 Page 14 of 20 Planning Commission July 19, 2016 City Council TBD Elsinore Standards latest edition, and City Codes (LEMC 12.04 and 16.34) 93. All street improvements shall be completed in accordance with approved plans as a condition of development to the satisfaction of the City Engineer prior occupancy. 94. All signing and striping and traffic control devices onsite and on Grand Avenue shall be installed prior to occupancy. 95. The applicant shall pay fee in-lieu of construction of future median improvements on Grand Avenue prior to occupancy. The fee shall be equal to half-width current cost estimate for improvements plus an additional 15% ol the total construction cost estimate to cover design and administrative costs. The cost estimate shall be approved by City staff. GRADING 96. 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 tifle block, standard drawing- and design manual (available at www.lake-elsinore.orq) 97 All grading plan contours shall extend to minimum of 50 feet beyond property Iines to indicate existing drainage pattern. 98. 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 in compliance with federal, state and local law and be approved by the City Engineer. 99. 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. 100. The site is susceptible to liquefaction, subsidence and lies within the Wildomar fault. 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 or to Page 14 of 20 Conditions of Approval cDR 2011-03, CUp 2011-O3, & TTM 35869 Page 15 of 20 Planning Commission July 19, 2016 City Council TBD absence of this hazard prior to grading permit. '101 The seismic study shall be submitted to the City for technical plan check review and approval. 102 The applicant shall obtain all necessary off-site easements and/or permits for off- site grading and/or drainage acceptance from the adjacent prope(y owners prior to grading permit issuance. 103. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 104. Prior to issuance of a Grading Permit, applicant shall provide the city for review and approval a plan of all proposed haul routes to be used for movement of import or export material. Export sites located within the Lake Elsinore City Iimits must have an active grading permit. Public Noticing and City Council approval is required for haul routes of over 5,000 cubic yards. The cost of noticing shall be paid by the applicant. 105. submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. Any variation shall require an appropriate environmental clearance prior to issuance of a grading permit. All archeological mitigation measures will be met prior to final inspection of the grading, and release of the grading security. '106. Applicant shall pay all grading permit applicable processing, permit, security and development fees including area drainage prior to issuance of the grading permit. BUILDING PERMIT 107. Soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls shall be approved and recommendations incorporated into the plans prior to building permit. OCCUPANCY/FINAL APPROVAL: 108. Final soil report showing compliance with recommendations, compaction reports, grade certrfications, monument certifications (with tie notes delineated on B /, x j1" mylar) shall be submitted to the Engineenng Division before final inspection will be scheduled. Page 15of20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 16 of 20 Planning Commission July 1 9, 2016 City Council TBD '109. All required public righlof-way dedications, easements, dedications and easement agreement(s) for ingress and egress through adjacent property(ies) shall be recorded with a recorded copy provided to the City prior to occupancy. '1 '10. Slope maintenance along righlof-ways and open spaces shall be maintained by the property owner. Documentation of maintenance responsibility shall be in a recordable format and recorded prior to occupancy/final. A maintenance agreement with Caltrans will be required. 111. As-built plans for all approved plan sets and recorded maps shall be submitted for review and approval by the City. The applicant/developer/owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the applicant shall provide the City with a CD of the "as built" plans in .tif format and as GIS Shape files. -ALL DATA MUST BE lN projected Coordinate System: NAD 83 State Plane California Zone Vl U.S. Fleet 112. All final studies and reports shall be submitted in .tif format on a CD/DVD. studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, WeMp, etc. CITY OF LAKE ELSINORE FIRE MARSHAL General Cond itions 1 '13. 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 noted above) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main Street, Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext.225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. 1'14. Blue Dot Reflectors - Blue retro-reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 115. 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 materral is placed on the job site. Average spacing between Page 16 of 20 Conditions of Approval cDR 2011-03. CUp 2011-03, & TTM 35869 Page 17 oI 20 Planning Commission July 19, 2016 City Council TBD hydrants 500' and 250' maximum distance from any point on the street or road frontage to hydrant. 1'16. Super Fire Hydrants - Super fire hydrants (6" x 4" x 2-2 %"), shall be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. 117. Minimum Access standards- The followrng access requirements are required to be implemented to ensure fire depadment 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: 1. Twenty-nine feet (29') 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. Along the private access located on the NE face of the building the access shall be increased to 30' to accommodate rescue operations in the event of a fire. 2. The required all weather vehrcular access shall be able to support no less than 60,000 lbs. over 2 axles. 3. Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. 4. Turning Radius shall be 26' inside and 38'outside for all access roads. 1 18. 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 development evacuation. 119. Automatic / Manual Gates - Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate and no less than 20 feet wide. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one-way road with a single traffic lane provides access to a gate entrance, a 40-footturning 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. Page 17 ol 20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 18 of 20 Planning Commission July 19, 20'16 City Council TBD 120. Separation of Occupancy - A fire barrier wall for the separation of occupancies is required per the Calrfornia 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 identificatron shall be located in accessible concealed floor, floor ceiling or attic spaces repeated at intervals not exceeding 30 feet along the wall, and include lettering not less than 0.5 inch in height, incorporating the suggested wording "FIRE AND/OR SMOKE BARRIER - PROTECT ALL OPENINGS," or other wording. Prior to Buildino Permit lssuance 121 . Plan Check Fee - Building plan check fee made payable to the City of Lake Elsinore, and shall be submitted to the Fire Department at time plans are submitted to our office(s). 122. W ater 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. 123. Prior to Building Construction Verification - This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During such inspection all permanent road signs shall be in place, all hydrants shall be operating and approved for use by the water purveyor, and all permanent road surfaces shall be completed rncluding primary and secondary access circulation. Prior to Buildinq Final lnspection 124. Fire Sprinkler System 13 - lnstall 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 withrn 50 feet of an approved road or driveway, within 200 feet of a hydrant. A C-l6 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. Page 18 of 20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 19 of 20 Planning Commission July 19, 2016 City Council TBD 125. Sprinkler System Monitoring - lnstall an alarm monitoring system for fire sprinkler system(s) with 20 or more heads. Valve monitoring, water-flow alarm and trouble signals shall be automatically transmitted to an approved central station, remote station or proprietary monitoring station in accordance with California Building Code, California Fire Code and adopted standards, An approved audible sprinkler flow alarm shall be provided on the exterior in an approved location. The location of the Fire Alarm Control Unit shall be located in an environmentally-controlled location in accordance with 10.14 (NFPA 72,2010). A C-l0 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. Or Automatic and/or Manual Fire Alarm System- lnstall a manual and/or automatrc fire alarm system as required by the California Building Code, California Fire Code and designated in accordance with adopted standards. The location of the Fire Alarm Control Unit shall be located in an environmentally controlled location in accordance with NFPA 72. AC-10 licensed contractor must submit plans, along with current fee to the Fire Department for review and approval prior to installation. Guideline handouts are available from the Fire Department. 126. 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. '127. Display Boards- Display Boards will be as follows: Each complex shall have an illuminated diagrammatic representation of the actual layout which shows the name of the complex, all streets, building designators, unit members, and fire hydrant locations within dimension and located next to road way access. 128 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 build ing/facility is protected with a fire alarm or burglar alarm system, it is recommended that the lock box be "tamper" monitoring. 129. Fire Extinguishers- Minimum install portable frre extinguishers complying with Section 906 of the 2013 California Fire Code with a minimum rating of 2A-208C 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 fromwall. Contact Fire Department for proper placement of equipment prior to installation. Page 19 of 20 Conditions of Approval cDR 201 1-03, CUP 201 1-03, & TTM 35869 Page 20 of 20 Planning Commission July 19,2016 City Council TBD 130. Hood/Duct Suppression System- An 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 extrnguishing 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 current fee to the Fire Department for review and approval prior to installation. DEPARTMENT OF ADMINISTRATIVE SERVICES 131 . Prior to the issuance of the first building permit, the applicant shall 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 seven thousand five hundred dollar ($7,500) 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/an nexing into a district. Contact the Adm inistrative Services Department at 951 -67 4 -3 1 24. MITIGATION MONITORING AND REPORTING PROGRAM 132. The applicant shall comply with the following mitigation measures, which are set forth in the Mitigation Monitoring & Reporting Program (MMRP) for the MND, which was adopted for this project. Page 20 of 20