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HomeMy WebLinkAboutItem 4. PA No. 2019-47 (Tentative Parcel Map No. 38614) Page 1 of 4 REPORT TO PLANNING COMMISSION To: Honorable Chair and Members of the Planning Commission From: Damaris Abraham, Interim Assistant Community Development Director Prepared by: Carlos Serna, MPP, Assistant Planner Date: April 18, 2023 Subject: Planning Application No. 2019-47 (Tentative Parcel Map No. 38614) – A Request to Subdivide an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel Applicant Ron Kassab, Lake Elsinore Plaza 2 Corporation Recommendation 1. Find and Determine that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183(A); 2. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF FINDINGS THAT PLANNING APPLICATION NO. 2019-47 (TENTATIVE PARCEL MAP NO. 38614) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and 3. Adopt A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 38614 SUBDIVIDING 8.46 ACRES INTO FOUR PARCELS RANGING IN SIZE FROM 0.97 ACRES TO 2.9 ACRES AND ONE 1.6-ACRE REMAINDER PARCEL Project Location The Project is located at the southeast corner of Riverside Drive and Collier Avenue. (APN: 377- 120-065). Tentative Parcel Map No. 38614 Page 2 of 4 Background On March 24, 2020, the City Council approved Tentative Parcel Map (TPM) No. 37773 proposing to subdivide the 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. TPM 37773 expired on March 24, 2022. The applicant has submitted this new Tentative Parcel Map Application, designed in the same configuration as TPM 37773, for review. Project Description Tentative Parcel Map No. 38614 is a subdivision of an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. Environmental Setting EXISTING LAND USE GENERAL PLAN ZONING Project Site Vacant Limited Industrial (LI) Commercial Manufacturing (C-M) North Recycling/Cemetery Public Institutional (PI) Public Institutional (PI) South Vacant Limited Industrial (LI) Commercial Manufacturing (C-M) and Limited Manufacturing (M-1) East Vacant Limited Industrial (LI) Commercial Manufacturing (C-M) West Vacant Limited Industrial (LI) Commercial Manufacturing (C-M) Analysis General Plan Consistency The Project has a General Plan Land Use designation of Limited Industrial (LI). This designation provides for industrial parks, warehouses, manufacturing, research and development, public and quasi-public uses, and similar and compatible uses. The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan. Municipal Code Consistency The current zoning for the subject property is Commercial Manufacturing (C-M). The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel. Section 17.132.060 of the Lake Elsinore Municipal Code (LEMC) requires the minimum street frontage width of any new lot created in the C-M district to be 100 feet. The proposed tentative map will have a minimum street frontage width of 100 feet. Section 17.132.050 requires the minimum lot area for new lots in the C-M district to be 20,000 square feet net. The minimum lot size for this tentative map is 42,253 sq. ft. (0.97 acres). The Tentative Map also complies with Tentative Parcel Map No. 38614 Page 3 of 4 Chapter 16.24 (Tentative Map) of the LEMC and the Subdivision Map Act. The applicant has not proposed any specific physical development of the subject site. Accordingly, the Project consist of only the corrective action to the zoning designation and the legal division of the existing parcel. Any future development would be subject to additional City review and approval. The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and Engineering have reviewed the proposed Project. Appropriate Conditions of Approval have been included. Environmental Determination The General Plan is a long-term policy guide for the development of the City but does not propose specific development that can be analyzed at a project-specific level. Therefore, the General Plan EIR is a Program EIR (State Clearinghouse No. 2005121019). A Program EIR provides a more general analysis of the General Plan that focuses on the overall effects of implementation of the General Plan. Because the General Plan does not contain details of any specific project, the location-specific effects cannot be analyzed without speculation as to the ultimate use that could be proposed on a particular site. The proposed General Plan designations provide the parameters of uses that would be allowed, but a multitude of different business types or residential uses could be developed at a varying intensities or densities at any particular location, so the project-level detail is not available to support meaningful environmental evaluation of impacts at specific sites. “Where future development is unspecified and uncertain, no purpose can be served by requiring an EIR to engage in sheer speculation as to future environmental consequences.” (City of Santee v. County of San Diego (1989) 214 Cal.App.3d at p. 1453) Similarly, in order to provide project- level quantification of impacts and specificity of mitigation measures, the City would be required to speculate regarding the details of future development on the project site. Pursuant to Public Resources Code section 21083.3 and CEQA Guideline 15183(a), a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review “except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” As noted above, a Program EIR was certified for the General Plan. As there is no development currently proposed for the subject site, there are no “project-specific significant effects which are peculiar to the project or its site” to analyze at this time. Any future development applications on the subject site will be subject to project-specific CEQA review consistent with Public Resources Code section 21083.3 and Guideline section 15183 at the time a project is proposed to determine if mitigation would be required to reduce potential impacts. This process would include an opportunity for public review and comment. If feasible measures are available to reduce impacts, those will be imposed on the site- specific project. However, as there is currently no development proposal for the subject site, there is insufficient information to conduct project-level review at this time and any attempt to provide project-level Tentative Parcel Map No. 38614 Page 4 of 4 review would be speculative. Given these factors, no further CEQA analysis is required at this time. Thus, staff is recommending the Planning Commission make a recommendation to the City Council of a determination that no additional environmental review is required per Public Resource Code section 21083.3 and CEQA Guidelines Section 15183. Public Notice Notice of the hearing for this application has been published in the Press-Enterprise newspaper and mailed to property owners within 300 feet of the subject property. As of the writing of this report, no written comments concerning this application have been received by staff. Attachments Attachment 1 - MSHCP Resolution Attachment 2 - TPM Resolution Attachment 3 - Conditions of Approval Attachment 4 - Vicinity Map Attachment 5 - Aerial Map Attachment 6 - Tentative Parcel Map No. 38614 Attachment 7 – Public Notice Materials RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 38614 SUBDIVIDING 8.46 ACRES INTO FOUR PARCELS RANGING IN SIZE FROM 0.97 ACRES TO 2.9 ACRES AND ONE 1.6-ACRE REMAINDER PARCEL Whereas, Ron Kassab, Lake Elsinore Plaza 2 Corporation, has filed an application with the City of Lake Elsinore (City) requesting approval of Tentative Parcel Map No. 38614 to subdivide an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue. (APN: 377-120-065); and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the tentative map review; and, Whereas, on April 18, 2023, at a duly noticed Public Hearing the 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: Prior to making a recommendation to the Council, the Commission has reviewed and analyzed Tentative Parcel Map No. 38614 pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC and the Subdivision Map Act. Section 2: That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Commission makes the following findings for approval of Tentative Parcel Map No. 38614: 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 Project has a General Plan Land Use designation of Limited Industrial (LI). This designation provides for industrial parks, warehouses, manufacturing, research and development, public and quasi-public uses, and similar and compatible uses. The subject property has the Commercial Manufacturing (C-M) zoning designation. The C-M zone is compatible with the LI Land Use Designation. The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan and the Subdivision Map Act. 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan. PC Reso. No. 2023-____ Page 2 of 3 The Project has a General Plan Land Use designation of Limited Industrial (LI). The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel for the purpose of Financing and Conveyance only. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan and the Subdivision Map Act. Any future development for this area is required to conform to all standards set forth in the applicable Specific Plan as well as the General Plan. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The Project has a General Plan Land Use designation of Limited Industrial (LI). The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel. The Project will not have a direct impact on housing. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The Tentative Parcel Map has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Section 3: That in accordance with the City of Lake Elsinore’s General Plan Environmental Impact Report (State Clearinghouse No. 2005121019) (EIR), Public Resources Code section 21083.3, and CEQA Guidelines section 15183; the Commission makes the following findings and recommendations regarding the approval of Tentative Parcel Map No. 38614: 1. The proposed subdivision is consistent with the General Plan and an EIR was certified for the General Plan. The General Plan EIR adopted by the City of Lake Elsinore on December 13, 2011 (per Resolution No. 2011-070) analyzed potential environmental impacts. 2. There are no environmental impacts peculiar to the subject property that were not analyzed in General Plan EIR. The subject site does not contain any features that would create environmental impacts that would be peculiar to the subject site beyond what was originally analyzed and evaluated in the General Plan and EIR. 3. There are no significant environmental impacts, including off-site impacts or cumulative impacts, that were not previously analyzed in General Plan EIR. That EIR analyzed the environmental impacts associated with the conversion of vacant or underutilized land to commercial uses. This division of land, without any additional development approval, does not present any potential environmental impacts that were not analyzed in the EIR. Moreover, there is insufficient information to conduct project-level review at this time and any attempt to provide project-level review would be speculative. Accordingly, the General Plan EIR analysis provides adequate program level of analysis of potential impacts. 4. No substantial new information that was not known at the time General Plan EIR was certified has been discovered indicating that a significant impact identified in that EIR would be more severe than previously determined. No information has been presented to, or discovered by, PC Reso. No. 2023-____ Page 3 of 3 the City that indicates the environmental impacts associated with increased commercial development will be more severe than analyzed in the General Plan EIR. 5. That the decision regarding the environmental analysis and discussion above reflects the independent judgment and analysis of the City. Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Tentative Map, the Commission hereby recommends that the Council approve Tentative Parcel Map No. 38614. Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 18th day of April, 2023 Matthew Dobler, Chairman Attest: ___________________________________ Damaris Abraham, Interim Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on April 18, 2023 and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Damaris Abraham, Interim Assistant Community Development Director RESOLUTION NO. 2023- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP NO. 38614 SUBDIVIDING 8.46 ACRES INTO FOUR PARCELS RANGING IN SIZE FROM 0.97 ACRES TO 2.9 ACRES AND ONE 1.6-ACRE REMAINDER PARCEL Whereas, Ron Kassab, Lake Elsinore Plaza 2 Corporation, has filed an application with the City of Lake Elsinore (City) requesting approval of Tentative Parcel Map No. 38614 to subdivide an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue. (APN: 377-120-065); and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the tentative map review; and, Whereas, on April 18, 2023, at a duly noticed Public Hearing the 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: Prior to making a recommendation to the Council, the Commission has reviewed and analyzed Tentative Parcel Map No. 38614 pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC and the Subdivision Map Act. Section 2: That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Commission makes the following findings for approval of Tentative Parcel Map No. 38614: 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 Project has a General Plan Land Use designation of Limited Industrial (LI). This designation provides for industrial parks, warehouses, manufacturing, research and development, public and quasi-public uses, and similar and compatible uses. The subject property has the Commercial Manufacturing (C-M) zoning designation. The C-M zone is compatible with the LI Land Use Designation. The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan and the Subdivision Map Act. 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan. PC Reso. No. 2023-____ Page 2 of 3 The Project has a General Plan Land Use designation of Limited Industrial (LI). The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel for the purpose of Financing and Conveyance only. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan and the Subdivision Map Act. Any future development for this area is required to conform to all standards set forth in the applicable Specific Plan as well as the General Plan. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The Project has a General Plan Land Use designation of Limited Industrial (LI). The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel. The Project will not have a direct impact on housing. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The Tentative Parcel Map has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Section 3: That in accordance with the City of Lake Elsinore’s General Plan Environmental Impact Report (State Clearinghouse No. 2005121019) (EIR), Public Resources Code section 21083.3, and CEQA Guidelines section 15183; the Commission makes the following findings and recommendations regarding the approval of Tentative Parcel Map No. 38614: 1. The proposed subdivision is consistent with the General Plan and an EIR was certified for the General Plan. The General Plan EIR adopted by the City of Lake Elsinore on December 13, 2011 (per Resolution No. 2011-070) analyzed potential environmental impacts. 2. There are no environmental impacts peculiar to the subject property that were not analyzed in General Plan EIR. The subject site does not contain any features that would create environmental impacts that would be peculiar to the subject site beyond what was originally analyzed and evaluated in the General Plan and EIR. 3. There are no significant environmental impacts, including off-site impacts or cumulative impacts, that were not previously analyzed in General Plan EIR. That EIR analyzed the environmental impacts associated with the conversion of vacant or underutilized land to commercial uses. This division of land, without any additional development approval, does not present any potential environmental impacts that were not analyzed in the EIR. Moreover, there is insufficient information to conduct project-level review at this time and any attempt to provide project-level review would be speculative. Accordingly, the General Plan EIR analysis provides adequate program level of analysis of potential impacts. 4. No substantial new information that was not known at the time General Plan EIR was certified has been discovered indicating that a significant impact identified in that EIR would be more severe than previously determined. No information has been presented to, or discovered by, PC Reso. No. 2023-____ Page 3 of 3 the City that indicates the environmental impacts associated with increased commercial development will be more severe than analyzed in the General Plan EIR. 5. That the decision regarding the environmental analysis and discussion above reflects the independent judgment and analysis of the City. Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Tentative Map, the Commission hereby recommends that the Council approve Tentative Parcel Map No. 38614. Section 5: This Resolution shall take effect immediately upon its adoption. Passed and Adopted on this 18th day of April, 2023 Matthew Dobler, Chairman Attest: ___________________________________ Damaris Abraham, Interim Assistant Community Development Director STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Damaris Abraham, Interim Assistant Community Development Director of the City of Lake Elsinore, California, hereby certify that Resolution No. 2023-__ was adopted by the Planning Commission of the City of Lake Elsinore, California, at a regular meeting held on April 18, 2023 and that the same was adopted by the following vote: AYES NOES: ABSTAIN: ABSENT: Damaris Abraham, Interim Assistant Community Development Director Applicant’s Initials: _____ Page 1 of 16 CONDITIONS OF APPROVAL PROJECT: PA 2019-47/TPM 2022-05 PROJECT NAME: TPM 38614 PROJECT LOCATION: APN: 377-120-065 APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL CONDITIONS 1. Tentative Parcel Map (TPM) No. 38614 is a subdivision of an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue. (APN: 377-120-065). 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 TPM 38614, 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 TPM 38614 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. Tentative Parcel Map No. 38614 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC). 5. Tentative Parcel Map No. 38614 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the LEMC, unless modified by approved Conditions of Approval. 6. A certificate of compliance (COC) shall be required for the 1.6-acre remainder parcel in accordance with Section 66424.6 of the State of California Subdivision Map Act. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 2 of 16 7. The developer shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval. 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. 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. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Prior to Recordation of Final Parcel Map 11. All lots shall comply with minimum standards contained in Chapter 17.132 (C-M Commercial Manufacturing District) of the LEMC. 12. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 13. All of the project improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. Prior to Design Review Approval 14. All future structural development associated with this map requires separate Design Review and/or Conditional Use Permit approval pursuant to the provisions of Chapter 17.415 (Permitting Requirements) of the LEMC. 15. All commercial development within TPM 38614 shall comply with the non-residential development standards of Chapter 17.112 of the LEMC. Prior to Issuance of Grading Permits/Building Permits 16. Prior to the issuance of a grading permit, the project applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, including obtaining the necessary authorizations from the regulatory agencies for proposed impacts to jurisdictional waters. Authorizations may include a Section 404 Permit from the U.S. Army Corps of Engineers, a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife, and a Section 401 Water Quality Certification/Waste Discharge Requirement from the Regional Water Quality Control Board. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 3 of 16 17. Prior to the issuance of a building permit, the applicant shall pay the City’s Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee, at the rate in effect at the time of payment. 18. Prior to the issuance of a building permit, the applicant shall pay Development Impact Fees (DIF), at the rate in effect at the time of payment. 19. Prior to issuance of each building permit, a receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department evidencing the payment or exemption from School Mitigation Fees. 20. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3’ X 3’ sign at the entrance to the project site identifying the approved days and hours of construction activity. 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. The sign shall identify the name and phone number of the development manager to address any complaints. 21. The project shall connect to water and 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. 22. 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. 23. 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. 24. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture. 25. 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. 26. 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. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 4 of 16 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. l. 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. 27. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 28. 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 PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 5 of 16 of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way. ENGINEERING DEPARTMENT GENERAL 29. All required soils, geotechnical, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer and Soils Engineer, as applicable. 30. All new submittals for plan check or permit shall be made using the City’s online Citizen Service Portal (CSSP). 31. In accordance with the City’s Franchise Agreement for waste disposal & recycling, 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. 32. All 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. 33. All plans (Street, Storm Drain, Improvement, Grading) shall prepared by a Registered Civil Engineer using the City’s standard title block, Design Manual guidance, Lake Elsinore Municipal Code, California Building Code, Riverside County Flood Control Standards for drainage, and City Standards unless otherwise noted or approved by City staff. 34. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 35. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 36. 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 nonerosive down drains or other devices. 37. 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 Standard Plans. 38. A Soil/Geotechnical Report is required for any land disturbance. 39. Minimum good housekeeping and erosion and sediment control BMP’s as identified by the Green Building Code and City shall be implemented by all projects. 40. Construct all public works improvements per approved street plans (LEMC 16.34) 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 of any building within a particular phase. 41. Applicant shall enter into an agreement with the City for the construction for the public works PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 6 of 16 improvements and shall post the appropriate bonds prior to commencement of work. 42. Applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or CALTRANS for encroaching, grading, or discharging into County flood control facilities or CALTRANS right-of-way. FEES 43. 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. 44. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Fees are subject to change. Applicable fees include but are not limited to: a. Master Plan of Drainage Fee – Due prior to Grading Permit Issuance or Parcel Map Approval, whichever is first. b. Traffic Infrastructure Fee (TIF) – Due prior to Building Permit Issuance c. Transportation Uniform Mitigation Fee (TUMF) – Due prior to occupancy d. Stephens’ Kangaroo Rat Habitat Mitigation Fee (K-Rat) – Due prior to Grading Permit Issuance e. Fair Share – calculated on a project basis if required by the Traffic Impact Analysis PARCEL MAP / LAND DIVISION 45. After approval of the Tentative Parcel Map, applicant shall submit for plan check review and approval for Parcel Map. 46. Applicant shall make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City, free and clear of all liens and encumbrances and without cost to the City. 47. Applicant shall dedicate right-of-way for Collier Avenue adjacent to the property for a total right-of-way of 60 feet from centerline to the project property line. Collier Avenue is classified as an Urban Arterial Highway in the City’s General Plan Circulation Element, where full-width is 120 feet and curb-to-curb width is 96 feet. 48. Applicant shall dedicate right-of-way for Riverside Drive adjacent to the property for a total right-of-way of 60 feet from centerline to the project property line. Riverside Drive is classified as an Urban Arterial Highway in the City’s General Plan Circulation Element, where full-width is 120 feet and curb-to-curb width is 96 feet. 49. Applicant shall dedicate an access easement providing for reciprocal access across properties for public use. 50. 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. 51. Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 7 of 16 52. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of Parcel map. 53. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be with Parcel Map. 54. Legal agreements and financial commitments (LLMD, CFD, etc.) for operation and maintenance be recorded prior to or concurrent with recordation of the Parcel Map. 55. Prior to City Council approval of the Parcel Map, applicant shall, in accordance with Government Code, have constructed all improvements or noted on the title sheet of the map the improvements to be constructed or have improvement plans submitted and approved, agreements executed, and securities posted. STORM WATER MANAGEMENT / POLLUTION PREVENTION Design 56. The project is responsible for complying with the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity. 57. A Water Quality Management Plan (WQMP) (preliminary and final) shall be prepared for each proposed project using the Santa Ana Region 8 approved template and guidance and submitted for review and approval to the City. The Preliminary WQMP shall be approved prior to Planning Commission hearing; the Final WQMP shall be approved by the City prior to rough or precise grading plan approval, issuance of any permit for construction, or Parcel Map approval. The Final WQMP shall be in substantial conformance with the approved Preliminary WQMP. 58. The Final WQMP shall document the following: a. Detailed site and project description. b. Potential stormwater pollutants. c. Post-development drainage characteristics. d. Low Impact Development (LID) BMP selection and analysis. e. Structural and Non-Structural source control BMPs. f. Treatment Control BMPs g. Site design and drainage plan (BMP Exhibit). h. Documentation of how vector issues are addressed in the BMP design, operation and maintenance. i. GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations. j. Hydraulic Conditions of Concern (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. If HCOC applies, the project shall implement measures to limit disturbance of natural water bodies and drainage impacts from urban runoff (Note the facilities may need to be larger due to flood mitigation for the 10-yr 6 and 24 hour rain events). PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 8 of 16 k. The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long- term operation and maintenance of the referenced BMPS; and (4) provide for annual certification of water quality facilities by a Registered Civil Engineer. The City format shall be used. For facilities in the right-of-way to be maintained by the City, the project shall annex into a CFD for funding. l. The grading and/or improvement plan shall include a table listing each stormwater facility, and the plan sheet where it appears. 59. 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). a. Preventatives measures (these are mostly non-structural measures, e.g., minimizing impervious areas, conserving natural areas, minimizing directly connected impervious areas, etc.) b. The Project shall in the order presented, infiltrate, harvest and use, evapotranspire and/or bio-treat the Design Capture Volume (DCV). c. 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. d. 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. 60. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff. 61. Project onsite hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 62. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained and to prevent untreated discharge. 63. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, applicant shall obtain certification of compliance through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Department. 64. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker. 65. The project shall use either volume-based and/or flow-based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. 66. The project site shall implement full trash capture methods/devices approved by the State Water Quality Control Board. This shall include installation of connector pipe screens on all onsite and offsite catch basins to which the project discharges. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 9 of 16 Construction 67. 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. 68. Prior to grading or building permit for construction or demolition and/or weed abatement activity projects subject to coverage under the NPDES General Construction Permit shall demonstrate that compliance with the permit has been obtained by providing a copy of 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. 69. Chemical Management – Prior to the issuance of building permits for any tank or pipeline, the uses of said tank or pipeline shall be identified and the developer shall submit a Chemical Management Plan in addition to a WQMP with all appropriate measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) in a manner meeting the satisfaction of the Manager, Permit Intake, in consultation with the Riverside County Fire Department and wastewater agencies, as appropriate, to ensure implementation of each agency’s respective requirements. A copy of the approved “Chemical Management Plans” shall be furnished to the Fire Marshall, prior to the issuance of any Certificates of Use and Occupancy. 70. Erosion & Sediment Control – Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan shall be incorporated into the SWPPP, 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 71. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: • Demonstrate that the project has compiled with all non-structural BMPs described in the project’s WQMP. • Provide signed, notarized certification from the Engineer of Work that the structural BMPs 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 or a copy of the recorded City approved CC&R. • The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall: (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long- PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 10 of 16 term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used. • Provide documentation of annexation into a CFD for funding facilities to be maintained by the City. • Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the Engineer of Work dated 12 months after the Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. • Provide the City with a digital .pdf copy of the Final WQMP. UTILITIES 72. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and/or out on the roadway shall be the responsibility of the property owner or his agent. All power lines (temporary or permanent) shall comply with CALTRANS standards for vehicle clearance. 73. All overhead utilities (34.5 KV or lower) shall be undergrounded in accordance with Chapter 12.16 of the Lake Elsinore Municipal Code (LEMC) and CALTRANS standards. 74. Applicant shall apply for, obtain and submit to the City Engineering Department a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (SCE NIL). Due prior to Grading Permit. 75. Submit a “Will Serve” letter to the City Engineering Department 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, volume, etc. Will Serve letters shall be provided prior to issuance of grading permit. IMPROVEMENTS 76. This project shall provide roadway connections to facilitate reciprocal access to adjacent developments unless otherwise deemed unfeasible as concurred by the City. 77. Sight distance (horizontal and vertical) into and out and throughout the project location shall comply with City and CALTRANS standards. Project shall ensure facilities are installed outside the line of sight of drivers. 78. Install a root barrier for the dripline of trees installed within 10 feet of any on or off-site hardscape (sidewalk, driveway, pavement, etc.). 79. An encroachment permit from the City and CALTRANS is required for all work to be done in the public right-of-way. Upon approval of engineered plans, the requirements outlined in these COA’s and the permit issue letter shall be met prior to Encroachment Permit issuance. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 11 of 16 80. Applicant is responsible for constructing ultimate half width street improvements adjacent to project frontage on Collier Ave to match existing improvements. Improvements include but are not limited to curb, gutter, sidewalk, streetlights, asphalt widening, asphalt replacement, striping, and curb ramp. 81. Applicant is responsible for constructing ultimate half width street improvements adjacent to project frontage on Riverside Drive (State Route 74). Improvements include but are not limited to curb, gutter, sidewalk, streetlights, asphalt widening, asphalt replacement, striping, and curb ramp. Improvements shall be designed to match and/or provide safe transition to existing improvements. 82. If existing improvements are to be modified, existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit. 83. Project will be responsible to design and install streetlights on Riverside Drive and Collier Avenue. Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but are not limited to details such as location, pole, and luminaire type, and pull box design. Streetlight plans may be included as part of the Street Improvement plan set. 84. Applicant shall evaluate feasibility of shared access by and between newly created parcels on Riverside Drive and Collier Avenue. 85. 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 (on or off site) constructed by this project shall include a storm drain filter. 86. Applicant shall submit signing and striping plans for City review and approval. All signing, striping, and traffic control devices shall be installed and approved by the City. Modification of existing and installation of new signing striping for required improvements. The project shall be responsible for any additional paving and/or striping removal caused by the striping plan. 87. Improvements shall be designed and constructed to City of Lake Elsinore Standards, Municipal Code (12.04 and 16.34) and CALTRANS Standards, or as directed or approved by the City Engineer. 88. Applicant shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 89. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the curbs. When either of these criteria are exceeded, drainage facilities shall be provided. 90. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 91. CALTRANS review and approval of plans is required. The developer shall provide a copy of the CALTRANS approval and/or permit for construction. 92. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and on-site drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 12 of 16 system shall be designed to ensure that runoff from a 10-year storm of 6-hour or 24-hour duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6-hour and 24-hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. PRIOR TO GRADING PERMIT 93. A grading plan signed and stamped by a registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on 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. 94. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 95. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 96. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer. 97. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. The location of faults, active or inactive shall be shown on the plan sets. 98. Applicant 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. 99. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 100. 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 property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer. Permitting/Construction 101. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 102. Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds require approval and necessary permits from respective Federal and/or State Agencies. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 13 of 16 103. No grading shall be performed without first having obtained a Grading Permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required. 104. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity. 105. Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC 15.72.065). 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. 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. 106. 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. 107. Review and approval of the project sediment and erosion control plan shall be completed. As warranted, a copy of the current SWPPP shall be kept at the project site and be available for review upon request. 108. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 109. Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with all required environmental mitigation triggered by the proposed grading activity. PRIOR TO BUILDING PERMIT 110. All public improvement, traffic signal, signing and striping plans shall be completed and approved by the City Engineer. 111. All required public right-of-way dedications and easements (not dedicated on the map) shall be prepared by the developer or his agent and shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. PRIOR TO OCCUPANCY/FINAL APPROVAL 112. All public improvements shall be constructed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer prior to issuance of first occupancy. 113. All on-site improvements shall be installed prior to occupancy. 114. Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department prior to occupancy. 115. In the event of the damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 14 of 16 116. All final studies and reports, final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted in .tif format on a USB flash drive or electronically to the Engineering Department before final inspection will be scheduled. 117. All required public right-of-way dedications, easements, vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to first occupancy. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval. 118. Certificates or permits may be ministerially withheld if features needed to properly manage chemicals cannot be incorporated into a previously completed building, center, or complex. 119. Developer shall pay all outstanding applicable processing and development fees prior to issuance of occupancy. PROJECT CLOSEOUT/SECURITY RELEASE 120. Applicant shall submit documentation pursuant to City’s Security Release handout. 121. All final studies and reports shall be submitted to the Engineering Department. Studies and reports include but are not limited to soils, seismic, hydrology and hydraulics, and WQMP. 122. Applicant shall submit as-built all Engineering Department approved project plan sets. After City approval of paper copy, applicant is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a digital copy of the “as-built” plans in .tif format. 123. Applicant shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans. All data must be in projected coordinate system: NAD 83 State Plane California Zone VI U.S. Fleet. All parts and elements of the designed system shall be represented discretely. Include in the attribute table basic data for each feature, such as diameter and length, as applicable, and for pipes include material (PVC, RCP, etc.) and slope. CITY OF LAKE ELSINORE FIRE MARSHAL 124. 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. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) 125. Prior to approval of the Final Map, Parcel Map, Design Review, Conditional Use Permit or building permit (as applicable), the applicant shall annex into the Community Facilities District No. 2015-2 (Maintenance Services) or current Community Facilities District in place at the time of annexation 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 PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 15 of 16 fee to Southern California Edison, including parkways, street maintenance, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a non-refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable. PA 2019-47/TPM 38614 PC: April 18, 2023 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 16 of 16 I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on _________. I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: I-15 SH-7410TH STDE X T E R A V E KEE A V E CO L L I E R A V E STRI C K L A N D A V E I- 1 5 S B O F F11TH STI-15 N B O N CRANE STSHRIER DR DON JUAN PA S A D E N A S THUNCO WAYCENTRAL STTHIRD STB U N K E R S T EL T O R O R D RED GUM DRFOSTER ST INDUSTRIAL CENTER WAYB A K E R S T COL L I E R A V E PA S A D E N A S T I-15 BA K E R S T I-15 SH-7410TH STDE X T E R A V E KEE A V E CO L L I E R A V E STRI C K L A N D A V E I- 1 5 S B O F F11TH STI-15 N B O N CRANE STSHRIER DR DON JUAN PA S A D E N A S THUNCO WAYCENTRAL STTHIRD STB U N K E R S T EL T O R O R D RED GUM DRFOSTER ST INDUSTRIAL CENTER WAYB A K E R S T COL L I E R A V E PA S A D E N A S T I-15 BA K E R S T TPM 38614 APN: 377-120-065 VICINITY MAP PROJECT SITE ´ SH-74I-15 10TH STHUNCO WAYCO L L I E R A V E EL T O R O R D RIVERSIDE DRBA K E R S T DE X T E R A V E PA S A D E N A S T INDUSTRIAL CENTER WAYI-15 PA S A D E N A S T Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunitySH-74I-15 10TH STHUNCO WAYCO L L I E R A V E EL T O R O R D RIVERSIDE DRBA K E R S T DE X T E R A V E PA S A D E N A S T INDUSTRIAL CENTER WAYI-15 PA S A D E N A S T Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS UserCommunity TPM 38614 APN: 377-120-065 AERIAL MAP PROJECT SITE ´ Parcel Area Table234REMAINDER11Tentative Parcel Map 38614TENTATIVE PARCEL MAP NO. 38614OWNER/APPLICANT:ENGINEER:PROPOSED EASEMENTUTILITIESEASEMENTSZONINGGENERAL PLAN LAND USEPROPOSED LAND USESURROUNDING LAND USEFEMA NOTESURROUNDING ZONINGACREAGEASSESSORS MAP NUMBERWATER RIGHTSLEGAL DESCRIPTIONBENCH MARKBASIS OF BEARINGS:LEGEND NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Lake Elsinore, California, will hold a Public Hearing on April 18, 2023, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 6:00 p.m., or as soon thereafter as the matter may be heard, to consider the following item: Planning Application No. 2019-47 (Tentative Parcel Map No. 38614): A request by Ron Kassab, Lake Elsinore Plaza 2 Corporation, to subdivide the 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue. (APN: 377-120-065) Pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183(a), a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review “except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” A Program EIR (State Clearinghouse No. 2005121019) was certified for the General Plan. As there is no development currently proposed for the subject site, there are no “project-specific significant effects which are peculiar to the project or its site” to analyze at this time. Therefore, no additional environmental review is required per Public Resource Code Section 21083.3 and CEQA Guidelines Section 15183. ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to cserna@lake-elsinore.org. If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the Administrative Secretary at (951) 674-3124 ext. 297. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org the Friday before the Public Hearing. FURTHER INFORMATION on this item may be obtained by contacting Carlos Serna, Assistant Planner in the Planning Division at, cserna@lake-elsinore.org or (951) 674-3124, ext. 916. Damaris Abraham Interim Assistant Community Development Director Posted at City Hall on April 7, 2023 Published in the Press Enterprise on April 7, 2023