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HomeMy WebLinkAboutCC Reso No 2007-144RESOLUTION NO. 2007-144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-18 WHEREAS, Thomas Ludden of Ludden Development, has initiated proceedings for Commercial Design Review No. 2006-18 for the design and construction of a 6,899 square-foot Lone Star Steakhouse restaurant with a 586 square-foot service-yard and a 547 square-foot outdoor patio dining area, which is generally located on the south corner of the Dexter Place and De~cter Avenue intersection at 18601 Dexter Avenue (APN: 377-080-077) (the "Project"); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of considering and approving commercial design review applications; and WHEREAS, on July 24, 2007, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION i. The City Council has considered the Commercial Design Review prior to approving the application. The City Council finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Elsinore Municipal Code. SECTION 2. The City Council hereby finds and determines that the Project is categorically exempt from the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.: "CEQA") and the Guidelines for Implementation of CEQA (14 California Code of Regulations, Sections 15000 et seq.: "CEQA Guidelines") pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the City Council finds that the Project: l. Is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations as set forth herein below. CITY COUNCIL RESOLUTION NO. 2007-144 PAGE 2 OF 4 2. Will occur within the City limits. The Project Site is less than (5) acres and is substantially surrounded by urban uses. 3. The Project Site has no value as habitat for endangered, rare or threatened species. 4. Approval of the Project will not result in any significant effects relating to traffic, noise, air quality or water quality. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Commercial Design Review 2006-18: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan in that the approval of this Lone Star Steakhouse restaurant will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses and the Project will serve to divers~ and expand Lake Elsinore's economic base. The General Plan designation for the Project Site is Freeway Business. The primary purpose of areas designated General Commercial is to provide for large floor-area uses including o~ce or commercial and manufacturing uses that require large display or storage areas. Other uses intended under this designation include home furnishings and improvement centers, industrial supply businesses, equipment sales and service, auto dealerships, large o~ce buildings, and regional commercial developments. The zoning designation for the Project Site is G2 (General Commercial). The intent of the G2 District is to reserve appropriate locations consistent with the General Plan to accommodate a full range of retail stores, offices, personal and business services establishments offering commodities and services scaled to meet the needs of residents of the entire City. CITY COUNCIL RESOLUTION NO. 2007-144 PAGE 3 OF 4 2. The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicable provisions of the Lake Elsinore Municipal Code. The Lone Star Steakhouse restaurant building is appropriate to the Project Site and surrounding developments taking into account size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed development and existing projects in that the applicant is providing a"Western" architectural design with various elements which serve to enhance the buildings within the shopping center. Moreover, a variety of materials and colors are proposed including architectural stone accents and earth tone colors that serve to blend with surrounding developments and provide evidence of a concern for quality and oYiginality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. The Project was reviewed and conditioned by all applicable City departments to ensure that the Lone Star Steakhouse restaurant blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not result in any significant adverse environmental impacts. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions; have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, the Project has been scheduled for consideration and approval of the City Council on July 24, 2007. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Commercial Design Review 2006-18. CITY COUNCIL RESOLUTION NO. 2007-144 PAGE 4 OF 4 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24`" day of July 2007, by the following vote: AYES: COUNCILMENIBERS: Thomas Auckley, Dar.yl Hickman, Genie Kelley Robert Schiffner., and Mayor Robert Magee NOES: COUNCILMEI~4BERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILN~MBERS: None R`obert E. Magee, City of Lake Elsi~ ATT T: ~ ~' ~ Q,~,~ ~~ Michelle Soto, Interim City Clerk City of Lake Elsinore APPROVED AS TO FORM: ~ C.~.~~1- ~ Barbara Zeid Leibold, City Attorney City of Lake Elsinore CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL PROJECT NAME: CONDITIONAL USE PERMIT NO. 2006-21; VARIANCE NO. 2007-02; AND COMMERCIAL DESIGN REVIEW NO. 2006-18 FOR THE PROPOSED LONE STAR STEAKHOUSE RESTAURANT LOCATED AT 18601 DEXTER AVENUE (APN: 377-080-077) PLANNING 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, Variance, and Commercial Design Review for the Lone Star Steakhouse restaurant located at 18601 Dexter Avenue (APN: 377-080-077) project attached hereto. 2. 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 and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. 3. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 4. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. Planning Commission Approval July 3, 2007 City Council Approval July 24, 2007 5. The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 6. The Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7 :00 AM to 5 :00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The proposed location of onsite construction trailers shall be approved by the Director of Community Development or Designee. A cash bond of $1,000.00 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 the approval of the Director of Community Development or designee. 8. The applicant shall comply with all applicable City codes and ordinances. 9. All landscaping shall be installed as indicated on the proposed "Lone Star Steakhouse Preliminary Landscape" plan. Any proposed changes shall be subject to the review and approval of the Director of Community Development or designee. 10.All proposed landscaping shall be installed and an automatic irrigation shall be fully operational, prior to the issuance of a certificate of occupancy. Conditional Use Permit No. 2006-11 11. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one (1) year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 12.The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless Planning Commission Approval City Council Approval July 3, 2007 July 24, 2007 modified by approved Conditions of Approval. 13. 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. 14. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 15. The applicant shall comply with all necessary California Department of Alcohol Beverage Control (ABC) requirements. I6.Live entertainment or P A system shall not be permitted on the outdoor patio. 17. The hours of operation for the outdoor dining patio shall be limited to the hours of operation expressed within the Business Plan submitted. Commercial Design Review No. 2006-08 General Conditions I8.Approval for Commercial Design Review No. 2006-18 will lapse and be void unless building permits are issued within one (l) year following the date of approval. I9.Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 20.No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 2I.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved Planning Commission Approval July 3, 2007 City Council Approval July 24, 2007 site plans or building elevations shall be subject to the review of the Director of Community Development. 22.Plan Check shall conform to the submitted plans as modified by Conditions of Approval or by the Planning Commission and/or City Council through subsequent actions. 23.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 material covering the roof equipment shall match the primary wall color as well as represent the chosen architectural style. 24.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets. All light fixtures shall compliment the architectural style of the building and shall be reviewed and approved by the Director of Community Development or Designee. 25.The applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 26.All trash enclosures shall be constructed per City standards as approved by the Director of Community Development or Designee prior to issuance of Certificate of Occupancy. 27.No exterior roofladders shall be permitted. 28.All exterior downspouts shall be concealed within the buildings. 29.Materials and colors depicted on the plans and materials board shall be used unless approved by the Director of Community Development or designee. 30.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. Planning Commission Approval July 3, 2007 City Council Approval July 24, 2007 31.All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and installed as approved by the Planning Division, prior to the issuance of a certificate of occupancy. 32.0n-site surface drainage shall not cross sidewalks. Prior to Issuance of Building/Grading Permit 33.Prior to the issuance of a building permit, the applicant shall submit a revised retaining wall plan indicating that the types of materials and colors to be reviewed and approved by the Community Development Director or designee. 34.Prior to the issuance of a building permit, the applicant shall submit a revised retaining wall plan indicating the there is a decorative pilaster with cap at each end of the proposed retaining wall and every thirty (3) linear feet on center in between. The decorative pilasters are to include a stone veneer with cap and are to be reviewed by the Community Development Director or designee. 35.Prior to the issuance of a building permit, the applicant shall submit a revised west elevation indicating that the two (2) utility doors have been revised to incorporate a more formalized appearance to be reviewed and approved by the Community Development Director or designee. 36.Prior to the issuance of a building permit, the applicant shall submit a revised landscape plan indicating that up-lighting/accent lighting at all street frontages and around building perimeter as appropriate. 37. Prior to the issuance of a building permit, the applicant shall provide assurances to staff that all applicable fees have been met. 38.Prior to the issuance of a building permit, the applicant is to submit a revised landscape plan indicating that a minimum five (5) gallon "Frasier's Photinia" shrubs are incorporated intermittently throughout the landscaping buffer along Dexter Avenue and Dexter Place. 39.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Planning Commission Approval July 3, 2007 City Council Approval July 24, 2007 Consultant and the Director of Community Development or designee, prior to final landscape approval. a. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. b. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f. Any trash enclosure which is visible from a public right-of-way shall have shrubs and vines to be planted around the enclosure to be reviewed and approved by the Community Development Director or designee, prior to the issuance of a landscaping permit. (Condition modified by the Planning Commission on 7/3/07). g. Final landscape plans to include planting and irrigation details. h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. 1. All landscape improvements shall be bonded 100% for material and labor for one year from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required year with approval/acceptance by the Landscape Consultant and the Director of Community Development or Designee. Planning Commission Approval July 3, 2007 City Council Approval July 24, 2007 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. Final landscape plan must be consistent with approved site plan. J. One twenty-four inch (24") box size tree shall be installed for every five parking spaces within the on site parking area. k. One twenty-four inch (24") box size tree shall be installed for every thirty-linear feet (30') of street frontage, selected from the approved City street tree list. 40.Prior to issuance of building permits, applicant shall provide assurance that any/all required fees to the Lake Elsinore Unified School District have been paid. 41.Prior to issuance of building permits, the applicant shall provide assurance that the Public Building Impact Fee has been paid. 42.Prior to issuance of building permits, the applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 43.Prior to issuance of building permits, the applicant shall provide assurance that the Multiple Species Habitat Conservation Plan fees have been paid. 44.Prior to issuance of building permits, the applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. 4S.Prior to issuance of a building permit, the applicant shall provide assurances to the Planning Division that all development fees have been paid. Prior to the issuance of a Certificate of Occupancy 46. Prior to the issuance of a certificate of occupancy, the applicant shall have an approved Uniform Sign Program on file with the Community Development Department. Planning Commission Approval City Council Approval July 3, 2007 July 24,2007 47.Prior to the issuance of a certificate of occupancy, the applicant shall provide assurances to staff that all conditions of approval have been met. ENGINEERING DEPARTMENT General Requirements 48.A grading plan signed and stamped by a Calif. 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. 49.Prior to commencement of grading operations, the applicant to provide to the City with 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. 50.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. 51.An Encroachment Permit shall be obtained prior to any work on City or Caltrans right-of-way. Note that the adjacent southerly and westerly properties are under Caltrans jurisdiction. 52.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 53.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. 54. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. Planning Commission Approval City Council Approval July 3, 2007 July 24, 2007 55. The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 56. The applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,TIF, Railroad Canyon Benefit District Fees, and area drainage fees. 57.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. 58.All drainage facilities in this project shall be constructed to Riverside County Flood Control District (RCFCD) Standards. 59.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" X 11 II Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 60.All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association. 61.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner or property owner's association. 62.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. 63.All on-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 64.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. The applicant shall coordinate with the LA Fitness project and RCFCD regarding the use of the existing 30" drainage pipe on-site. This Planning Commission Approval City Council Approval July 3, 2007 July 24, 2007 pipe shall not be located under any building structure. The relocation or modification work of the pipe shall be documented by engineering studies necessary to support that such work equals or exceeds the original drainage design of the pipe. 65.All roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 66. The applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the proj ect. 67.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 68.The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 69. The City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. 70.The applicant shall dedicate 4'of road right-of-way along the project Planning Commission Approval City Council Approval July 3, 2007 July 24,2007 frontage on Dexter Avenue. In addition, the applicant shall grant 16' of easement for roadway and drainage purposes parallel to the 4' dedication. This 16' easement may be vacated should a new General Plan reduces the ultimate section of Dexter Avenue. 71. The applicant shall construct half-width street improvements along the project frontage on Dexter Avenue and on Dexter Place. The improvements include ac pavement, sidewalk, street lighting, signing and striping, drainage and landscaping improvements. Additional ac pavement improvements and transitions shall be provided beyond the property limits to complete or meet existing street improvements. 72. The applicant shall submit street improvement and signing and striping plans for Dexter Avenue and Dexter Place. In addition, a signing and striping plan on-site shall also be provided. Note that Dexter Place will require a striped median that mitigates the unusual geometry of the intersection. 73.The applicant shall provide reciprocal access to the adjacent property on the southerly portion of the project. This could be accomplished by reserving the three parking spaces closest to the driveway as the future access to the adjacent property. 74. The applicant shall submit a WQMP of the project for City's review and approval. Prior to Issuance of a Grading Permit 75. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. The Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 76.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance standards. 77.Construction Project access and hauling route shall be submitted and approved by the City Engineer, Planning Commission Approval City Council Approval July 3, 2007 July 24, 2007 78.The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 79.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 80. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 81. The applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 82. The applicant shall provide the city with proof of his having filed a Notice of Intent 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. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit 83.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 84. 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 and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 85.The applicant shall show that no structures, landscaping, or equipment are located near the project entrance that minimizes sight distance Planning Commission Approval City Council Approval July 3, 2007 July 24, 2007 standards. 86. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 87.The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 88.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 89.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 90.All signing and striping and traffic control devices shall be installed. 91.Required right-of-way dedication and easement shall be completed and recorded. 92.Water and sewer improvements shall be completed in accordance with Water District requirements. 93 .Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 94. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 95.The applicant shall submit as-built plans and shall be responsible for revising the mylar plans. A digital copy of all completed public improvement plans shall also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. Planning Commission Approval City Council Approval July 3, 2007 July 24, 2007 COMMUNITY SERVICES DEPARTMENT 98.The Developer shall pay park pay Park Fees of $0.10 per square foot for commercial and industrial. At 6,899 square feet @ $0.10 per square foot = $689.90. ADMINISTRATIVE SERVICES DEPARTMENT 99.Annex into CFD 2006-5 Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District 2006-5 to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655- 3900 x334 or danderson@harris-assoc.com. 100. Annex into LLMD No. 1 Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a four thousand seven hundred dollar ($4,700) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. Planning Commission Approval July 3, 2007 City Council Approval July 24, 2007 ELSINORE VALLEY MUNICPAL WATER DISTRICT 101. The applicant shall construct facilities per District approved plans. the applicant shall request a "will serve" letter from the District. RIVERSIDE COUNTY FIRE DEPARTMENT 102. Please see attached Riverside County Fire Department Conditions of approval. Planning Commission Approval July 3, 2007 City Council Approval July 24, 2007