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HomeMy WebLinkAboutCC Reso No 2008-064 RESOLUTION NO. 2008- 64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 35890 WHEREAS, Fairway Commercial Partners, filed an application with the City of Lake Elsinore requesting approval of Tentative Condominium Parcel Map No. 35890 for the conversion of the Fairway Business Park, into twenty (20) individually owned condominium suites (the "Conversion") on property located at 18505 Chaney (APN:377-140-024); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Tentative Parcel Maps; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code SS 21000 ef seq.: "CEOA") and the CEOA Guidelines (14 C.C.R. SS 15000 ef seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEOA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEOA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; 1 b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative."; and WHEREAS, Mitigated Negative Declaration No. 2007-05 (the "MND") was prepared and approved by the City Council in November of 2007 to analyze the environmental impacts associated with the development of the buildings which serve as the shells for this Conversion (Industrial Design Review No. 2006-03, Fairway Business Park); and WHEREAS, the Conversion does not present substantial changes or new information regarding the potential environmental impacts of development; and WHEREAS, public notice of the Conversion has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 10, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered the Conversion and has found it acceptable. The City Council finds and determines that the Conversion is consistent with Title 16 of the Lake Elsinore Municipal Code and Section(s) 66424 and 66427 of the California Government Code. Section 2. The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, the Conversion does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of industrial uses were contemplated by the MND and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Conversion. 2 Section 3. That in accordance with Government Code Sections 66424 and 66427 and Title 16 of the Lake Elsinore Municipal Code, the City Council makes the following findings approving Tentative Condominium Map 35890: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Conversion, as designed, assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well as provides decent business opportunities and a satisfying industriallcommercial environment. 2. The effects that this Project is likely to have upon the economic needs of the region, the business requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The condominium spaces proposed by the Conversion will serve to enhance and improve the economic needs of the region and the business needs of the Lake Elsinore community by providing additional individually owned industriallcommercial condominium space opportunities for local residents and businesses. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. Section 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council of the City of Lake Elsinore hereby approves Tentative Condominium Map No. 35890. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED, at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 10th day of June 2008. 2?cii~OR CITY OF LAKE ELSINORE 3 Ar: L L~ VIVIAN M. MUNSON, CITY CLERK CITY OF LAKE ELSINORE STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-64 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 10th day of June 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSTAIN: None ABSENT: None _(LL VIVIAN M. MUNSON CITY CLERK 4 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2007 -28 & TENTATIVE CONDOMINIUM PARCEL MAP NO. 35890 FOR A 20 UNIT INDUSTRIAL PARK LOCATED AT 18505 CHANEY (APN: 377-140-024). PLANNING DIVISION General Conditions: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit and Tentative Condominium Parcel Map attached hereto. 2. The decision of the Planning Commission shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. Conditional Use Permit No. 2007-28: 3. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 4. 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. Tentative Condominium Parcel Map No. 35890: 5. Tentative Condominium Parcel Map No. 35890 will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 6. The Tentative Parcel Map for condominium purposes shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 2 of 12 7. Prior to recordation of the final map, the applicant shall prepare and record CC&Rs against the office/commercial condominium complex. The CC&Rs shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&Rs shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. 8. The CC&Rs shall expressly designate the City of Lake Elsinore as a third party beneficiary to the CC&Rs such that the City has the right, but not the obligation, to enforce the provisions of the CC&Rs. 9. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&Rs which shall include compulsory membership of all owners of lots and/or office/commercial units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. The recorded CC&Rs shall establish the City of Lake Elsinore an expressed third party beneficiary. The City shall have the right, but not the obligation to enforce the CC&Rs. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 10. Membership in the Property Owner's Association shall be mandatory for each buyer and any successive buyer. 11. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) owner's association with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 3 of 12 13. Each condominium unit owner shall have full access to commonly owned areas, facilities and utilities unless otherwise specified within the CC&Rs. 14. Prior to recording of the final parcel map, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 15. Prior to final map approval the applicant shall show evidence that mitigation described in the approved Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program have been implemented and/or completed. Special attention shall be given to the following measures, the list not being exhaustive: Bioloqical Resources . The project shall pay appropriate MSHCP fees for impacts to the following special-status wildlife species covered by the MSHCP: northern red diamond rattlesnake, California horned lark, and San Diego black-tailed jackrabbit. . To avoid impacts to nesting raptors and burrowing owl, the project applicant shall either (1) conduct all construction-phase work outside of the period when protected bird species will be nesting (Le., work would occur between September 16 and January 31), or (2) have a qualified biologist conduct a pre-construction and ongoing nesting bird survey within 30 days prior to construction during the breeding season. After February 1 but before September 15, beginning 30 days prior to the disturbance of suitable nesting habitat, the biologist shall conduct weekly bird surveys (Le., once each calendar week at 5- to 7-day intervals) to detect probable or confirmed nesting in the habitat to be removed and any other such habitat within 500 feet (raptors) or 300 feet (non-raptors) of the construction work area. A qualified biologist with relevant professional experience shall conduct the surveys. The surveys should continue on a weekly basis, with the last survey being conducted no more than three days prior to the initiation of clearance/construction work. If probable or confirmed nesting by a nesting bird is found, the project proponent shall delay all clearance/construction disturbance activities within the above distances of suitable nesting habitat until the nest is vacated and juveniles have fledged and there is no evidence of a second active nesting effort. A qualified biologist shall delineate the limits of construction around active nest sites in the field with flagging and CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 4 of 12 stakes, flagged silt fencing, or another method clearly visible to and identifiable by construction personnel. Construction personnel shall be instructed on the sensitivity of the area. If burrowing owls are determined to occupy the project site during pre- construction surveys, CDFG shall be consulted and a passive relocation program shall be undertaken to relocate owls to an area outside the impact zone. The relocation shall be conducted following accepted protocols and would occur outside of the breeding season for the burrowing owl. Existing burrows shall be collapsed once they are vacated to prevent use by owls in the future. . The project shall adhere to the following measures to reduce impacts to the Lake Elsinore Outlet Channel: o The limits of construction within the earthen trapezoidal Lake Elsinore Outlet Channel (and its storm drain tributary) shall be limited to the smallest area necessary to construct the outlet structures. o Following installation of the outlet structures, the earthen trapezoidal Lake Elsinore Outlet Channel (and its storm drain tributary) shall be restored to its pre-construction contours to the greatest extent feasible. o Construction materials and equipment shall not be stored in the earthen trapezoidal Lake Elsinore Outlet Channel (or its storm drain tributary). o Construction of the outfall structures shall occur during the dry season (February 15 to October 15), as feasible. o If water is present within the earthen trapezoidal channel during construction of the outfall structures, a water diversion shall be prepared and implemented by the project proponent and/or construction contractor, as appropriate. The diversion plan shall detail the use of BMPs designed and implemented to protect water quality and downstream functions and values. The BMPs shall include velocity dissipation devices, wildlife exclusions nets, water quality testing, and other measures, as appropriate. o Construction within the earthen trapezoidal channel shall be limited to the minimum duration necessary to complete installation of the outfall structures. o A chain-link fence prohibits access to the Lake Elsinore Outlet Channel (and its storm drain tributary). Following construction activities, the fence shall be restored to its pre-construction location. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 5 of 12 On-site flows would be directed to the proposed bio-swales prior to discharge into the Lake Elsinore Outlet Channel. The naturally lined bio- swales would provide settling time for water quality pollutants and sediments thereby preventing the degradation of downstream water quality. . Impacts to 0.67-0.69 acre of habitat associated with the accidental pond feature and Lake Elsinore Outlet Channel shall be mitigated at a 1.5:1 ratio through the purchase of one riparian mitigation credit from the Elsinore Murrieta Anza-Resource Conservation District (EMA- RCD), Riverside-Corona RCD, or other CDFG and RWQCB-approved mitigation bank. The credit shall be used in the restoration, enhancement, creation, and/or invasive plant removal of a riparian site identified by the mitigation bank. Cultural Resources . Prior to issuance of grading permit(s) for the project, the project applicant shall retain an archaeological monitor to monitor all ground- disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. . At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate 1 Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. . Prior to issuance of any grading permit, the project archaeologist shall file a pre-grading report with the City to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in CR-2, the archaeological 1 It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe due to its prior and extensive coordination within the City and due to its demonstrated cultural affiliation with the project area. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 6 of 12 monitor's authority to stop and redirect grading would be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and ground breaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. . If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. . The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. . If inadvertent discoveries of subsurface archaeological resources are discovered during grading, the developer, the project archaeologist, and the appropriate Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Developer and the Tribe cannot agree on the significance or the mitigation for such resources, these issues would be presented to the Community Development Director (COD) for decision. The COO shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the appropriate Tribe. Notwithstanding any other rights available under the law, the decision of the COO shall be appealable to the City of Lake Elsinore. . A qualified paleontologist shall monitor grading that includes initial cutting into any area of the project site. If any paleontological CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 7 of 12 resources are identified during these activities, the paleontologist shall temporarily divert construction until the significance of the resources is determined and appropriate mitigation is identified and implemented. 18. A Uniform Sign Program, for both freestanding and wall mounted signage, shall be prepared and approved by the Planning Commission prior to recordation of the final parcel map. ENGINEERING CONDITIONS General Conditions: 19. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to Certificate of Occupancy approval. 20. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 21. The applicant shall submit a "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. This letter shall be submitted prior to issuance of Building Permit. 22. Tentative and final map shall identify all utility easements including publicly maintained storm drain system extending from Birch Street to the Lake Elsinore Outlet Channel. 23. Construct all public works improvements per approved street plans (LEMC 12.04) in accordance with project phasing plan. Plans must be approved and signed by the City Engineer prior to construction. Construction shall be completed prior to Certificate of Occupancy approval. 24. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Standards. Engineering Staff shall review requests for the use of Riverside County Road Department Standards, latest edition. 25. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to commencement of work. 26. Roadway design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 8 of 12 27. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % for a distance of 50-feet for each leg of the intersection. 28. The applicant shall pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of improvements within the City of Lake Esinore right-of-way. 29. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements is scheduled. 30. The applicant shall install 2 permanent bench marks to Riverside County Standards, one on the centerline at the intersection of 3rd Street and Pasadena Street and one on the centerline at the intersection of the project's main entry onto Chaney Street and Chaney Street. 31. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit if applicable. 32. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or away from an access point shall be the responsibility of the property owner or his agent. 33. The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 34. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans. Street lights shall be constructed in accordance with the City Standard street light spacing. 35. In accordance with Project phasing plan, the applicant shall submit a traffic control plan showing all permanent traffic control devices for both onsite and offsite improvements, which plan shall be approved by the Director of Public Works prior to occupancy of the corresponding Project phase. All traffic control devices and signing and striping shall be installed prior to issuance of the Certificate of Occupancy for corresponding phase. 36. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 37. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 9 of 12 38. The applicant shall apply for and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 39. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall provide final soils report showing compliance with recommendations. 40. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 41. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 42. Prior to commencement of grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 43. Applicant shall provide to the City a photographic baseline 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. 44. Project drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 45. All storm drainage traversing site shall be collected and conveyed by a method approved by the City Engineer. 46. Onsite drainage facilities conveying offsite drainage shall be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions" . CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 10 of 12 47. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of Building Permit. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 48. All drainage facilities shall be constructed in accordance with Riverside County Flood Control District Standards. 49. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be consistent with the NPDES program permit and approved by the City Engineer. 50. A drainage acceptance letter shall be required from the downstream property owners for outletting the proposed storm water run-off on private property. 51. The Applicant shall be responsible for all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 52. The applicant shall provide Tract Phasing Plan including onsite traffic circulation showing truck routes with truck turning templates. The phasing plan shall be approved by the City Engineer prior to issuance of first building permit issuance. 53. The applicant shall submit Faithful Performance and Labor and Materials Bonds including associated agreements for all public improvements and grading operations prior to issuance of the related encroachment permit or grading permit. 54. Applicant shall install erosion control measures using the best available technology to mitigate any urban pollutants from entering the watershed. 55. Applicant shall provide the City with proof of his having filed a Notice of Intent (NOI) with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 56. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan (SWPPP) including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a Water Quality Management Plan (WQMP) for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 57. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 11 of 12 fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 58. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 59. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 60. In accordance with the Project phasing plan, the applicant shall dedicate and improve full half width street right-of-way and street section on Chaney Street for the full project frontage. Right-of-way dedication and shall be consistent with the General Plan Circulation Element. Street improvements shall be constructed to match the existing curb alignment along the northerly side of Chaney Street. The structural section shall be consistent with City Standards. 61. Applicant shall dedicate and improve a cul-de-sac consistent with City Of Lake Elsinore Standards for the termination of Birch Street. The project entrance from Birch Street shall be designed as a City Standard Commercial Driveway. 62. Applicant shall dedicate right-of-way and improve the intersection of Pasadena Street and 3rd Street such that the corner of this intersection is completed. These improvements as well as the configuration of the access from this corner onto the property shall be approved by the City Engineer. 63. Developer to provide access to property owners and utility agencies to property to the west of the tract including during construction. 64. Applicant shall submit a conditional letter of map revision (CLOMR) to FEMA prior to issuance of building permits. A letter of map revision (LOMR) must be approved from FEMA prior to the first certificate of occupancy if the project is in the 1 DO-year flood plane. 65. The offsite striping including "No Parking" signs on 3rd Street and Minthorn Street shall be completed prior issuance of the first occupancy. Signs shall be placed beginning at the project access to 3rd Street continuing northerly along 3rd to Minthorn Street then easterly along Minthorn Street ending at the intersection of Mintorn Street and Chaney Street. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 2007-28 & TENTATIVE PARCEL MAP NO. 35890 Page 12 of 12 66. Applicant shall construct a storm drain inlet at the corner of 3rd Street and Pasadena Street to convey the street drainage into the 3rd Street Channel prior to issuance of the first occupancy permit. 67. Applicant shall cause to be recorded a CC&R's with recordation of irrevocable reciprocal parking, circulation, and loading as approved by the City attorney and City Engineer. Recordation shall be complete prior to issuance of the first building permit. 68. Applicant shall contribute to or design and construct all mitigation measures identified in the approved environmental document including the following traffic improvements as required mitigation measures of the approved environmental document: A. Contribute Fair Share to the installation of traffic signal at Collier Avenue and 3rd Street prior to 51 % occupancy. B. Install traffic signal at Collier Avenue and Chaney Street prior to 51 % occupancy. Applicant shall receive TIF credit for the full amount identified in the TIF Program for the construction of this improvement. C. Contribut Fair Share to the installation of traffic signal at the intersection of west Minthorn Street and Chaney Street prior to 76% occupancy. D. Add a northbound left turn lane on Collier Avenue at the intersection with Chaney Street. There are TIF credits available for some of these improvements and the project will be eligible for their fair share subject to the City Engineer's approval. 69. Applicant shall be required to pay applicable Traffic Impact Fee (TIF), Transportation Uniform Mitigation Fee (TUMF) and Area Drainage Fee at the rate in effect when the fee payment is made. 70. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant 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.