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HomeMy WebLinkAboutConditions of Approval CITY OF LADE L S I I`IOI�E ��► DREAM EXTREME. RECORD OF ADMINISTRATIVE APPROVAL Applicant: Danny Brose Applicant Address: 31103 Rancho Viejo Rd. #535 San Juan Ca istraon, CA 92675 Project Manager: Nicholas Thiessen, Community Development Tech. Log No. & Name: Planning Application No. 2017-28/Extension of Time No. 2021-01 North West Corner of Mill St. and Auto Center Dr. (APN: 363-112-025; Location/Address: 026; 031 Project Description: A one-year Extension of Time request for Commercial Design Review No. 2017-05, Conditional Use Permit No. 2017-05, and Variance No. 2017-03. Environmental The project is Categorically Exempt from environmental review under Determination: Section 15332 (Class 32: In-Fill Development Projects) of the CEQA Guidelines. On May 21, 2019, the Planning Commission approved Commercial Design Review No. 2017-05, Conditional Use Permit No. 2017-05 and Variance No. 2017-03 for the development of a new 3,266 square foot Automobile Dealership facility (Silverleaf Motors) with 118 total parking spaces on an approximate 1.3 acre site (Project). According to Sections 17.415.050.1 and Section 17.415.070.H and 17.415.080. H of the Lake Elsinore Municipal Code (LEMC), the expiration date of an approved conditional use permit, variance and design review may be extended for no more than two years. The first extension may be granted for one year subject to the approval of the Community Development Director after consultation with other City departments if the conditional use permit and the design review complies with current laws, standards and policies. Staff has reviewed the project to ensure that the project complies with current laws, standards and policies. With the approval this extension of time request, the expiration date of Commercial Design Review No. 2017-05, Conditional Use Permit No. 2017-05 and Variance No. 2017-03 will be extended one (1) year to June 11, 2022. APP D AD PTED this 24' day of June, 2021 1 j- r Justin Kirk, Assistant Community Development Director Page 1 of 1 CONDITIONS OF APPROVAL PROJECT: EOT-2021-01/PA 2017-28/CUP 2017-05/CDR 2017- 05/VAR 2017-03 PROJECT NAME: Silverleaf Motors PROJECT LOCATION: APNs: 363-112-025, 026, and 031 APPROVAL DATE: June 24, 2021 EFFECTIVE DATE: June 24, 2021 EXPIRATION DATE: June 11, 2022 GENERAL 1. Planning Application No. 2017-28(Conditional Use Permit No. 2017-05, Commercial Design Review No. 2017-05, and Variance No. 2017-03) proposes to establish an automobile dealership facility (Silverleaf Motors) with a 3,266 sq. ft. two-story building and 118 total parking spaces on an approximately 1.3-acre site (Project). The Project also includes a Variance request for the front and rear yard setbacks due to site constraints. The Project site is located at the northwesterly corner of Auto Center Drive and Mill Street (APNs: 363- 112-025, 026, and 031). 2 The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of Planning Application No. 2017-28 (Conditional Use Permit No. 2017-05, Commercial Design Review No. 2017-05, and Variance No. 2017-03), which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of Planning Application No. 2017-28(Conditional Use Permit No. 2017-05, Commercial Design Review No. 2017-05, and Variance No. 2017-03) or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys'fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Conditional Use Permit No. 2017-05 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 Applicant's Initials: Page 1 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.168.080. Subject to the provisions of LEMC Section 17.168.110, a conditional use permit granted pursuant to the provisions of this section shall run 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. 5 Commercial Design Review No. 2017-05 and Variance No. 2017-03 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Bode (LEIVIC) Se(liof1 I7.184.12v. Notwithstai ding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 6. The Conditional Use Permit granted herein 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 this approval. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the LEMC, Title 17 in a similar manner as a new application. 7 If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said Conditional Use Permit. 8. 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. 9 All future development proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. 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. 11. The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval. 12. The project shall comply with the City's Lighting requirements (Section 17.112.040 Lighting of the LEMC) requiring all outdoor lighting fixtures in excess of 60 watts to be oriented and Applicant's Initials: Page 2 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 shielded to prevent direct illumination above the horizontal plane passing through the luminaire and prevent any glare or direct illumination on adjacent properties or streets. 13. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. 14. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture. 15. In accordance with the Noise Impact Analysis (NIA) dated June 14, 2017 prepared by Kunzman Associates, Inc., the project shall comply with the following additional conditions to reduce construction noise emanating from the proposed project: a. All mobile or stationary internal combustion engine powered equipment or machinery shall be equipped with suitable exhaust and air intake silencers in proper working order. b. During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, with properly operating and maintained mufflers, consistent with manufacturer standards. c. Whenever possible, the contractor shall utilize construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. d. Equipment shall be shut off and not left to idle when not in use. e. The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise sources and sensitive receptors nearest the project site during all project construction. f. In order to minimize construction noise levels, it is recommended that a temporary barrier (12 feet in height) be installed along the project's southwestern property line as shown on Figure 6. The barrier shall be solid, with no holes or openings. 16. In accordance with the Noise Impact Analysis (NIA) dated June 14, 2017 prepared by Kunzman Associates, Inc., the project shall comply with the following additional conditions to reduce operational noise emanating from the proposed project: a. No amplification of voice or music shall be utilized on the project site. 17. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. OR The applicant shall submit a sign program for review and approval of the Planning Commission prior to installation. 18. Graffiti shall be removed within 24 hours. 19. No commercial parking or pedestrian access from the residential streets (Griffin Way, Avenue 10, and Mill Street) shall be allowed. 20. No loading or off-loading of vehicles shall occur on Auto Center Drive. Applicant's Initials: Page 3 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 21. All materials and colors depicted on the approved plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee. 22. The following additional features shall be provided for the ProjPrt to provide additional screening and mitigate the Project's visual impact to the surrounding homes: a. In orderto provide additional screening for the surrounding homes, a minimum 5'-0"vinyl fencing shall be provided along the Project's westerly boundary adjacent to the residential properties, including along the portion where the rear of the building faces the wall. b. The rear of the building shall also utilize "Split-Face Block V VCX (Color& Mater ia1 #4) to match the front of the building. The "Split-Face Block Accent Row" (Color & Material #10) shall be widened to improve the look of the rear of the building. c. Fast growing Vines shall be planted along the rear of the building visible from the street. In addition, the perimeter screen trees along the residential property lines shall be a minimum of 24" box in size. 23. 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. 24. The applicant shall comply with all applicable City Codes and ordinances. 25. The applicant shall pay all applicable City fees, including but not limited to: Development Impact Fees (DIF), Fire Facilities Fees, and Traffic Infrastructure Fees (TIF) per LEMC Section 16.74, Transportation Uniform Mitigation Fees (TUMF) per LEMC Section 16.83, Area Drainage Fees per LEMC Section 16.72, MSHCP Fee per LEMC Section 16.85, Capital Improvement Impact/Mitigation Fees, Stephens Kangaroo Habitat Fee (K-Rat) per LEMC Section 19.04, and Plan Check fees, at the rate in effect at the time of payment. Prior to Issuance of Grading Permits/Building Permits 26. A pre-construction presence/absence survey for burrowing owl shall be conducted within 30 days of the commencement of project-related grading or other land disturbance activities to ensure that the species has not moved onto the site. If burrowing owls have colonized the project site prior to the initiation of construction, the project proponent should immediately inform the Regional Conservation Authority (RCA) and the Wildlife Agencies, and would need to coordinate further with RCA and the Wildlife Agencies regarding next steps, including the possibility of preparing a Burrowing Owl Protection and Relocation Plan, prior to initiating ground disturbance. 27. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 28. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to Applicant's Initials: Page 4 of 117 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 issuance of a building permit. 29. The project shall 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. 30. 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. 31. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. 32. Prior to issuance of a building permit, one (1) set of the Final Landscaping/ Irrigation Detail Plans along with a digital copy (i.e. PDF format) shall be submitted to the Community Development Department with appropriate fees, for review and approval by the Community Development Director or designee. 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. C. Planting within fifteen feet(15')of ingress/egress points shall be no higher than twenty- four inches (24"). d. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. e. No required tree planting bed shall be less than 5 feet wide. f. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks. g. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. i. All landscape improvements shall be bonded 100%for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance reviewed by the Landscape Consultant and approved by the Community Development Director or Designee. j. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. k. Final landscape plan must be consistent with approved site plan. I. Final landscape plans to include planting and irrigation details. m. Final landscape plans shall include drought tolerant planting consistent with Elsinore Valley Municipal Water District standards subject to plan check and approval by the City's landscape plan check consultant. n. No turf shall be permitted. 33. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping Applicant's Initials: Page 5 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 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. 34. The proposed location of on-site construction trailers shall he approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s)shall be fully on private property and outside the public right of way. 35. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, i__ _i_ _a_r _r _a_:.-_r a:.... :F ..F .+h .,.Ji+i.. F.,il +., he can to be Implemented and maintained over time, ii any of sud"I conditions fail[ w uc — 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 DIVISION General Conditions 36. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Bullding 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. 37. Compliance with Code. All design components shall comply with applicable provisions of the 2016 edition of the California Building, Plumbing and Mechanical Codes: 2016 California Electrical Code; California Administrative Code, 2016 California Energy Codes, 2016 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code. 38. Green Measures. The application shall provide 10% voluntary green measures on the project, as stipulated by the 2016 California Green Building Standards. 39. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trach enclosure tot lots and picnic areas. 40. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family Applicant's Initials: Page 6 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 residential projects or a recorded final map for single-family residential projects. It takes 10 days to issue address and notify other agencies. 41. 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. 42. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 43. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 44. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance. 45. 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 46. Submitting 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 2016 edition of the California Building Code. c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 47. 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. 48. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Asbestos report and lead base paint reports are required before demo permit will be issued. Prior to Issuance of Building Permit(s) 49. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division. Applicant's Initials: Page 7 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 Prior to Beginning of Construction 50. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. ENGINEERING DIVISION General 51. 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. 52. In accordance with the City's Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 53. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 54. All required hydrology and hydraulic reports shall be prepared by a Registered Civil Engineer. All required soils, geology, and seismic reports shall be prepared by a Registered Geotechnical Engineer. 55. A parcel merger will be required. 56. No commercial parking will be allowed in the adjacent residential neighborhood. FEES 57. The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include: Stephens Kangaroo Habitat Fee (K-Rat), Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Area Drainage Fee. 58. Mitigation Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT/ POLLUTION PREVENTION / NPDES Design 59. The project is responsible for complying with the Santa Ana Region NPDES Permits as warranted based on the nature of development and/or activity. These Permits include: • General Permit—Construction • Deminimus Discharges • MS4 60. The Final WQMP shall be approved by the City prior to issuance of ANY permit to include demolition, building, rough or precise grading. Applicant's Initials: Page 8 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 61. The Final WQMP shall document the following: • Detailed site and project description. • Potential stormwater pollutants. • Post-development drainage characteristics. • Low Impact Development (LID) BMP selection and analysis. • Structural and Non-Structural source control BMPs. • Treatment Control BMPs • Site design and drainage plan (BMP Exhibit). • Documentation of how vector issues are addressed in the BMP design, operation and maintenance. • GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations. • HCOC —demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2-year 24-hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre-and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis. • The Operation and Maintenance (O&M) Plan and Agreement shall: o describe the long-term operation and maintenance requirements for BMPs identified in the WQMP; o identify the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; o describe and document the funding source for long-term operation and maintenance of the referenced BMPS; and o provide for annual certification of water quality facilities by a registered civil engineer. The City format shall be used. 62. The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority): (Section XII.E.2, XII.E3, and XII.E.7). • Preventatives measures (these are mostly non-structural measures, e.g., minimizing impervious areas, conserving natural areas, minimizing directly connected impervious areas, etc.) • The Project shall in the order presented, infiltrate, harvest and use, evapotranspire and/or bio-treat the Design Capture Volume (DCV). • The Project shall consider a properly engineered and maintained bio-treatment system only if infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site. • Any portion of the DCV that is not infiltrated, harvested and used, evapo-transpired, and/or bio-treated shall be treated and discharged in accordance with the requirements set forth in Section XII.G. 63. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff. 64. Project onsite hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. Applicants initials: Page 9 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 65. Project trash enclosure shall be covered, gated, and bermed to prevent untreated discharge. 66. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Fnginpering Division. 67. All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain" using the City authorized marker. 68. The project shall use either volume-based and/or flow-based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. i+n TL_ L L...II 1...«....♦ CL..�.. IA/..�i.r rl��nl+�i (�i.r.Frnl QV nnrrl �r�r�rn�ierJ fi.iii va�ture trash Oy. I I IC pr oject shall implement lei ll �-2L L V VQLGI \a(UglIL vvi n�vi vai u cip,Ni vV�u N devices. This shall include installation of connector pipe screens on all onsite catch basins and all offsite catch basins to which the project discharges. Construction 70. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit) and compliance with the Green Building Code for sediment and erosion control are required for this project 71. Prior to grading or building permit for construction or demolition andior weed abatement activity projects subject to coverage under the NPDES General Construction Permit shall demonstrate that compllance with the permit has been obtained by providing a copy or the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. A copy of the SWPPP shall be kept at the project site, updated, and be available for review upon request. 72. Erosion & Sediment Control — An Erosion and Sediment Control Plan implementing minimum BMPs shall be included 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. A copy of the approved 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 73. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits to include: • Demonstrate that the project has complied with all non-structural BMPs described in the project's WQMP. • Provide signed, notarized certification (using City form) from the engineer of work that the structural BMP's identified in the project's WQMP are installed in conformance with approved plans and specifications and operational. • Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs. Applicant's Initials: Page 10 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 • Demonstrate that copies of the project's approved WQMP (with recorded O&M Plan or CC&R's attached) are available onsite. • As Built and provide the City with a digital .pdf copy of the Final WQMP. UTILITIES 74. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 75. 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. 76. The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 77. 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 78. Submit for plan check and approval a street abandonment to correct right of way on Mill Street. 79. Sight distance into and out of the project location shall comply with CALTRANS Standards. Submit a sight distance diagram showing compliance prior to building permit. 80. The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 81. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 82. The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. Please submit a letter with RTA findings. 83. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, appropriate drainage facilities shall be provided. 84. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 85. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. Applicant's Initials: Page 11 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 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. 86. All natural drainage traversing the site shall be convcycd 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. 87. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. nn Tom_ i_ �_u I L ...J .1 .J.....L.o..,.J +.. L rfnnc ..� +or frnm cn4crinn hl lilrlinne 00. 1 Ile site sl Icfll UC planned ICU and UCVGIvr./GV w Weep .ciul IaVc VVa«i n Vi 1 i (California Green Building Standards Code 4.106.3). 89. 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. 90. New under sidewalk drains shall be designed per City of Lake Elsinore Standard 301A. 91. 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. 92. 1 he owner shall dedicate in fee tltle to the City of right-of-way alony Auto Center Drive adjacent to the property frontage, for a total right-of-way of 50' wide from centerline to the project property line. 93. The owner shall process through the City Engineering Division for plan check, approval a parcel merger for APN's 363-112-031, 363-112-025 and 363-112-026. 94. The distance from the face of curb to the outside diameter of the power poles shall be 18" minimum. 95. The developer shall dedicate right-of-way on Auto Center Drive such that the ultimate right- of-way width conforms to General Plan and right-of-way cross sections. The cross section of roadway improvements with a raised median (if applicable and if applicable, developer shall pay cash-in-lieu of construction of/z the raised median), parkway, and streetlights shall be consistent with other proposed development on Auto Center Drive, as recommended by the City. 96. 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 drainage improvements. 97. The developer shall provide signing and striping plans for the required improvements of this project, both onsite and offsite. The plans shall also incorporate traffic calming measures on local streets. Applicant's Initials: Page 12 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 98. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. Perm itti ng/Construction 99. 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. 100. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 101. All streets shall be constructed per Lake Elsinore City Standards. Any deviation from City standards shall be approved by the City Engineer. Acceptance of Improvements 102. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) program. Request for fee credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 103. The developer shall submit a written request for acceptance to the City Engineer. 104. As-built plans shall be completed and signed by the City Engineer. GRADING Design: 105. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake-elsinore.org). 106. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 107. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 108. Plant and irrigate all manufactured slopes equal to or greater than 3 feet in vertical height with drought tolerant grass or ground cover; slopes 15 feet or greater in vertical height shall also be planted with drought tolerant shrubs or trees in accordance with the requirements of Ordinance 457. 109. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required Applicant's Initials: Page 13 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be approved by the City Engineer. 110. The developer shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. Perm it/Construction: 111. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 112. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 113. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program 114. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) 115. Export sites located within the Lake Elsinore City limits must have an active grading permit. 116. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 117. 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. 118. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 119. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 120. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 121. 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 122. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. Applicant's Initials: Page 14 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 123. The parcel merger must be approved. 124. All required public right-of-way dedications, street abandonments and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 125. All street improvement plans, and signing and striping plans shall be completed and approved by the City Engineer. 126. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 127. All signing and striping and traffic control devices for the required improvements of this development, onsite and offsite, shall be installed. 128. 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. 129. All water and sewer improvements shall be completed in accordance with Water District requirements. 130. Proof of acceptance of maintenance responsibility of slopes, landscape areas, and drainage facilities shall be provided. 131. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 132. 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. . 133. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 134. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8 '/z 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. 135. All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows: • Improvement Plans — GIS Shape files* and .tif of approved as built mylar. • Grading Plans - .tif of approved as built mylar. *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. 136. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/z x 11" mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. Applicant's Initials: Page 15 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 137. All required public right-of-way dedications, easements, dedications, abandonments and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to occupancy. 138. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: o Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; o Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; o Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and Tom_ I_.-_.. I....II '.,L. II .J��....+:.... '.J..1:....�. i...-\A�n+IeY QW a 'Fv 11Annag mcnt O I fie developer shall provide all education guidelines Ivl vva�cl �.cuali�y Ivlallay@I��c��l Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 139. 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. 140. Developer shall pay all outstanding applicable processing and deveiopment fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy/final approval CITY OF LAKE ELSINORE FIRE MARSHAL 141. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. Applicant's Initials: Page 16 of 17 PA 2017-28/EOT-2021-01/CUP 2017-05/CDR 2017-05NAR 2017-03 PC: May 21, 2019 Conditions of Approval CC: June 24, 2021 1 hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on June 24, 2021. 1 also acknowledge that all Conditions shall be met as indicated. Date: Applicant's Signature: Print Name Address- Phone Number: Applicant's Initials: Page 17 of 17