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HomeMy WebLinkAboutPA 2019-31 - Exhibit D CofA Applicant’s Initials: _____ Page 1 of 25 CONDITIONS OF APPROVAL PROJECT: PA 2018-49/TPM 37710/IDR 2019-01 PROJECT NAME: Pennington Industrial PROJECT LOCATION: APN: 377-160-014 APPROVAL DATE: April 28, 2020 EFFECTIVE DATE: April 28, 2020 EXPIRATION DATE: April 28, 2022 GENERAL 1. Planning Application No. 2018-49 (Tentative Parcel Map No. 37710 and Industrial Design Review No. 2019-01) is a proposal to construct three (3) industrial buildings ranging in size from 19, 200 sq. ft. to 39,000 sq. ft. (91,140 square foot total) with 167 parking spaces. The tentative parcel map proposes to subdivide the 5.01 gross acre site into three (3) parcels that are 1.06 acres, 1.72 acres, and 2.01 acres, respectively (Project). The Project is located at the located at the southeasterly corner of Chaney Street and Minthorn Street (APN: 377- 160-014). 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 IDR 2019-01 and TPM 37710, 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 IDR 2019-01 and TPM 37710 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. Fees 4. The applicant shall pay all applicable fees as identified in Exhibit A, at the rate in effect at the time of payment by the payment milestone. No deferral of fees shall be granted unless approved by the City Council, which will require the applicant to execute a contract or other written instrumtent to pay the fee or charge at a later milestone than what is specified in Table 1 Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 2 of 25 PLANNING DIVISION 5. Conditional Use Permit No. 2019-09 shall be limited to the floor plan prepared by the applicant and included in the staff report. In the event the applicant proposes to modify the floor plan, the modification shall be subject to review by the Community Development Director. The Community Development Director may approve the modification or refer the matter to the Planning Commission if judged to be substantial. 6. Industrial Design Review No. 2019-03 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of LEMC, Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this two-year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application. 7. The applicant 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 Table 1 Fee Payment Milestone Area Drainage (Warm Springs East District) Final Map Approval or Building Permit Issuance, whichever occurs first Building Permit Building Permit Issuance Development Impact Fees (DIF) Building Permit Issuance Animal shelter facilities Building Permit Issuance City Hall and public works facilities Building Permit Issuance Community center facilities Building Permit Issuance Fire Facilities Fees Building Permit Issuance Lakeside Facilities Fees Building Permit Issuance Traffic Infrastructure Fees (TIF) Building Permit Issuance Grading Permit & Fee post grading security Grading Permit Issuance MSHCP Building or Grading Permit Issuance, whichever occurs first School Mitigation Fees Building Permit Issuance Stevens Kangaroo Rat Grading Permit Issuance Transportation Uniform Mitigation (TUMF) Issuance of a Certificate of Occupancy or Final Inspection, whichever occurs first Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 3 of 25 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. Prior to the issuance of a building plan the applicant shall submit a revised color palette for review and approval by the Community Development Directgor, or designee. 11. Any proposed minor revisions to approved plans shall be reviewed and approved by the Community Development Director or designee. Any proposed substantial revisions to the approved plans shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. 12. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. 13. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign(s) installed at the project site. OR The applicant shall submit a sign program for review and approval of the Planning Commission prior to installation. 14. Graffiti shall be removed within 24 hours. 15. The entire site shall be kept free from trash and debris at all times and in no event shall trash and debris remain for more than 24 hours. 16. 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. 17. 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. 18. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture. 19. 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. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 4 of 25 20. The proposed location of on-site construction trailers shall be approved by the Community Development Director or designee. A cash bond of $1,000 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to approval of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way. 21. 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 Issuance of Grading Permits/Building Permits 22. Prior to issuance of a building permit, the applicant shall submit water and sewer plans to the Elsinore Valley Municipal Water District (EVMWD) for review and approval. The applicant shall incorporate all EVMWD required conditions and standards. 23. 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. 24. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The plan shall ensure that all exterior on-site lighting are shielded and directed on-site so as not to create glare onto neighboring properties and streets or allow illumination above the horizontal plane of the fixture. 25. Prior to the issuance of a Building Permit, all exterior wall mounted and freestanding light fixtures shall be submitted for review and approval by the Director of Community Development, or their designee. Light fixtures shall compliment the architectural style of the buildings onsite. 26. Prior to the issuance of a Building Permit, the color, finish and pattern of all decorative paving onsite shall be submitted for review and approval by the Director of Community Development, or their designee. 27. Prior to issuance of a building permit, Final Landscaping / Irrigation Detail Plans (one full size set along with a PDF copy) shall be submitted along with appropriate fees for review and approval by the Community Development Director or designee. a. All planting areas shall have permanent and automatic sprinkler system with 50% plant coverage using a drip irrigation method. b. All planting areas shall be separated from paved areas with a six inch (6”) high and six inch (6”) wide concrete curb. Runoff shall be allowed from paved areas into landscape Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 5 of 25 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. 28. The uses authorized by this Conditional Use Permit must be conducted in accordance with all applicable state and local laws, including, but not limited to compliance with the most current versions of the provisions of the California Code of Regulations that regulate the uses permitted hereby. Any violation thereof shall be a violation of the conditions of this permit and may be cause for revocation of this permit. 29. The applicant shall at all times comply with Chapter 17.176 (Noise Ordinance) of the LEMC. Prior to the issuance of a building permit, documentation demonstrating compliance shall be provided. 30. The applicant shall at all times comply with Chapter 14.08 (Stormwater/Urban Runoff Management and Discharge Control of the LEMC. Prior to the issuance of a building permit, documentation demonstrating compliance shall be provided. 31. Odor control devices and techniques shall be incorporated to ensure that odors from marijuana are not are not detected outside the property, anywhere on adjacent property or public right-of-way, or within any other units located within the same building as the cannabis facility. Building and mechanical permits must be obtained from the Building Division prior to work commencing on any part of the odor control system. 32. Air quality control devices and techniques shall be incorporated to ensure that the ambient external air quality is not impacted by the cannabis facility. Building and mechanical permits must be obtained from the Building Division prior to work commencing on any part of the air quality control system. Prior to the Building Division issuing a building permit contact the South Coast Air Quality Management District (AQMD) located at: 21865 Copley Dr. Diamond Bar, CA 91765-4178, Tel: 909- 396-2000. A building permit shall not issued until Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 6 of 25 an Identification Number is provided by AQMD and any applicable permits have been issued. 33. Applicant shall contact the Elsinore Valley Municipal Water District (the local water and sewer purveyor) and submit an application and plans for project review. Applicant must obtain approval of all plans prior to the issuance of a building permit and a letter of project completion by the District prior to the issuance of a Certificate of Occupancy. Any Cannabis facility shall meet the minimum requirements of the district and not discharge any material into a sewer system without first obtaining approval. 34. No outdoor storage, cultivation, manufacturing or any other form of use of cannabis or cannabis products, byproducts or waste are permitted at any time. 35. The sale, dispensing, or consumption of alcoholic beverages on or about the premises is prohibited. 36. The consumption of any cannabis or cannabis product in any form is prohibited from occurring onsite. 37. The owner/operator shall prohibit loitering by persons outside the facility both on the premises and within fifty feet (50') of the premises. 38. Persons under the age of twenty-one (21) years shall not be allowed on the premises of this business. It shall be unlawful and a violation of this CUP for the owner/operator to employ any person who is not at least twenty-one (21) years of age. 39. There shall be no loitering in or around the business. 40. The operator shall maintain free of litter all areas of the premises under which applicant has control. 41. No cannabis or cannabis products, or graphics depicting cannabis or cannabis products, shall be visible from the exterior of this property, or on any of the vehicles owned or used as part of the cannabis business. 42. Cannabis liquid or solid waste must be made unusable and unrecognizable before leaving a secured storage area and shall be disposed of at facility approved to receive such waste. 43. Extraction and post-processing winterization operations shall be conducted according to the approved Registered Design Professional's technical report; approved Fire Protection Plan; and the approved building construction plans. Any change in equipment, operation, or hazard shall be submitted to the City for review and approval before the change taking place. 44. The storage, use, and disposal of volatiles, solvents, or hazardous materials at this facility shall be conducted according to the 2016 California Fire Code and the Riverside County Environmental Health Department regulations. 45. All cannabis and cannabis products sold, distributed or manufactured shall be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with State and local regulations. 46. Cannabis Facility Site Restricted. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 7 of 25  No cannabis permittee shall open their cultivation site to the public.  No cannabis permittee shall allow anyone on the cultivation site, except for managers, staff, and other persons with a bona fide business or regulatory purpose for being there, such as contractors, inspectors, and cannabis transporters.  A manager must be onsite at all times that, any other person, except for security guards, is on the site.  While onsite, managers and staff of the cannabis cultivation permittee must wear their identification badge at all times.  Any person other than managers or staff who are on the cultivation site must sign in, wear a visitor badge, and be escorted on the site by a manager at all times. 47. The use shall be conducted, at all times, in a manner that will allow the quiet enjoyment of the surrounding neighborhood. The operator shall institute whatever security and operational measures are necessary to comply with this requirement. 48. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said Conditional Use Permit. Site Security Plans 49. Each cannabis facility shall have a security plan approved by the City prior to the issuance of a Cannabis Business Permit. The security plan shall be a narrative and also an include a detailed security plan delineating the physical location of the specific equipment. The proposed security plan must include the following at a minimum:  Summary of the security plan, this shall be included in the project description, all other elements shall be incorporated as a separate attachment, entitled security plan, to the project description.  Security surveillance cameras. Security surveillance cameras and a video recording system must be installed to monitor all doors into the buildings on the site, the parking lot, loading areas, and all exterior sides of the property adjacent to the public rights of way. The cameras and recording system must be of adequate quality, color rendition, and resolution to allow the identification of any individual present on the site. The recording system must be capable of exporting the recorded video in standard MPEG formats to another common medium, such as a DVD or USB drive.  Security video recording and retention. Video from the security surveillance cameras must be recording at all times (24 hours a day, seven days a week) and the recording shall be maintained for at least 30 days. The video recordings shall be made available to the City upon request. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 8 of 25  Location of security cameras and the areas to be covered by the security cameras.  Location of audible interior and exterior alarms.  Location of exterior lighting.  Name and contact information of Security Company.  Entrances to all dispensing and cultivation areas will be locked and under control of staff at all times.  Name of security guard and proof that security guard is licensed by the California Department of Consumer Affairs and whether security guard will be present at the cannabis facility during all hours of operation.  If the security guard is to be armed, proof that security guard possesses a valid Security Guard Card and Firearms Permit issued by the California Department of Consumer Affairs.  Alarm system. Professionally and centrally-monitored fire, robbery, and burglar alarm systems must be installed and maintained in good working condition. The alarm system must include a private security company that is required to respond to every alarm. 50. Any modifications to the approved security plan shall be reviewed and approved prior to the modifications being implemented. 51. Site security plans requirements may change at the sole discretion of the City. Any changes of requirements imposed by the City shall be complied at minimum during the annual inspection process or sooner as required by the City. 52. In the event any discrepancies between local and state regulations exist, the more restrictive requirements shall prevail. Fire Protection Plan 53. Each cannabis facility shall have fire protection plan approved by the Fire Marshal prior to the issuance of a Cannabis Business Permit. The fire protection plan shall be a narrative and also include a detailed fire protection plan delineating the physical location of the specific equipment. The proposed fire protection plan must include the following at a minimum:  Summary of the fire protection plan, this shall be included in the project description, all other elements shall be incorporated as a separate attachment, entitled security plan, to the project description.  Occupancy Classification. The Use and Occupancy Classification of Marijuana Business. Please identify the proposed use and occupancy classification of the proposed use. Use and occupancy classifications may be found in Chapter 3 of the California Building Code (CBC), and California Fire Code (CFC). Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 9 of 25  Hazard Communication. When storing or using any type of hazardous materials, CFC Section 407 should be followed and the appropriate paperwork made accessible to the fire code official. Additionally the CFC should be consulted. The CFC gives responders the information of the hazardous chemicals that is on the property. o Material Safety Data Sheets (MSDS) shall be on property and made easily accessible. o Containers and/or packages related to hazardous materials shall be properly labeled and warning signage shall be properly displayed and easily visible. o All persons shall be trained on what to do in the event of an emergency involving hazardous material on the property. Fire protection plans shall refer to the location of all hazard communication information.  Interior Finishes. It is common in marijuana grow facilities to use a Visqueen® or Mylar® type plastic/polyethylene or polyester sheeting to cover walls and ceilings. Any use of plastic to enclose rooms or cover walls and/or ceilings must be installed in accordance with building and fire code requirements. Interior finishes must comply with flame spread ratings in accordance with Table 803.3 of the CFC. (Note: Hanging plastic from ceilings or suspended overhead structures to create wall dividers is typically NOT compliant with code provisions for a wall partition or interior finish.)  Exits and Exit Signage, Egress Security measures are often extreme in cannabis facilities. The desire for security in no way overrides the minimum requirements for exiting and egress. Common issues associated with exits and egresses are as follows: Number of exits shall be in accordance with the CFC. Fire protection plan shall identify o Means of egress cannot be concealed in any way. o Exit doors and their function (these cannot be eliminated without prior approval). o Where 2 or more exits are required, egress doors are required to swing in the direction of egress travel. o Where more than one exit is required, illuminated exit signs are to be provided that must be readily visible from any direction of egress travel. o Intermediary exit signs may also be required per Section 1013 of the CFC. o H occupancies require specific considerations for exiting.  Locks and Key Box Where security and life safety objectives conflict, alternative measures may be required or permitted by the City. SECURITY GATES – Due to the increased security measures typically required, and the potential hazards associated with marijuana facilities, the City is authorized to require that any security gate be installed across a fire apparatus road first be approved before installation. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 10 of 25 o KEY BOXES – Installation of a key box in an approved location, which will permit timely access to the facility in the event of an emergency shall be identified. o LOCKS – The installation of “approved” locks on any and all gates or similar barriers, which will permit timely access to all areas of the facility’s property in the event of an emergency. If the facility has electronic access controls, the City will require an access code or electronic access card be provided. o BOLTS, BARS, LOCKS & LATCHES – Egress doors are required to open easily when exiting without the need for a key, without using extra effort and/or without having special knowledge in order to operate the installed hardware. Door handles, pulls, latches, locks and other operating devices should be free of tight grasping, tight pinching or twisting of the wrist to operate. Slide bolts, security bars, dead bolts, thumb latches and similar hardware items are prohibited from being installed on emergency egress doors. o ALTERNATIVE LOCKING DEVICES - Delayed egress locks and electromagnetic locks are permitted for use in other occupancy types, and must be approved for use by the City.  Fire suppression systems. Fire protection plan shall include all suppression systems designed to meet the specific 54. Fire prevention plan requirements may change at the sole discretion of the City. Any changes of requirements imposed by the City shall be complied at minimum during the annual inspection process or sooner as required by the City. 55. In the event any discrepancies between local and state regulations exist, the more restrictive requirements shall prevail. Closure Plan 56. Prior to the approval of a Cannabis Business Permit a separate document referred to as a closure plan shall be reviewed and approved. At a minimum the closure plan shall include  Remediation Plan. Describe how the cannabis facility will be remediated at end of use. (Process of Removing Equipment, Chemicals, and other items/remnants).  A closure cost estimate. Closure costs include the expenses for ceasing operation of the cannabis facility and safely closing the unit and cleaning up any contamination. Post-closure care costs include long-term maintenance of the unit or facility, monitoring, and record keeping during the required post-closure care period. Owner/operators calculate cost estimates based on the cost of paying a third party to perform the required closure and post-closure care activities as outlined in the facility's remediation plan. Cost estimates must be adjusted annually throughout the operational life of the facility to account for inflation. 57. Surety Bond. A surety bond from a surety company shall be submitted and maintained through out the life of the cannabis business permit that all closure and post -closure plan Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 11 of 25 requirements will be fulfilled. If the owner/operator fails to meet the requirements specified in the bond, the surety company is liable for the costs. 58. Closure plan requirements may change at the sole discretion of the City. Any changes of requirements imposed by the City shall be complied at minimum during the annual inspection process or sooner as required by the City. 59. In the event any discrepancies between local and state regulations exist, the more restrictive requirements shall prevail. Insurance 60. The owner/operator shall obtain and maintain at all times during the term of the permit comprehensive general liability insurance and comprehensive automotive liability insurance protecting the permittee in an amount of not less than one million dollars ($1,000,000.00) per occurrence, combined single limit, including bodily injury and property damage and not less than one million dollars ($1,000,000.00) aggregate for each personal injury liability, products-completed operations and each accident, issued by an insurance provider admitted and authorized to do business in California and shall be rated at least A-:viii in A.M. Best & Company's Insurance Guide. Proof of said insurance must be provided to the Planning Division before the business commences operations. Any changes to the insurance policy must be submitted to the Community Improvement Division within 10 days of the date the change is effective. Signs 61. Street address shall be visible from the public street and/or shall be displayed on the freestanding sign. If there is no freestanding sign, the street address may be displayed on the fascia adjacent to the main entrance or on another prominent location. W hen the property has alley access, address numerals shall be displayed in a prominent location visible from the alley. Numerals shall be a minimum twelve (12) inches in height with not less than three-fourth-inch stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be four (4) inches in height with not less than one-fourth-inch stroke and shall contrast sharply with the background. 62. The following signs in measurements of not less than eight by 10 inches shall be clearly and legibly posted in a conspicuous location inside the cannabis site where they will be visible to members and customers in the normal course of a transaction, stating:  Smoking, ingesting or consuming cannabis on this property or within 20 feet of the cannabis facility is prohibited.  Drinking, ingesting or consuming alcohol on this property or within 20 feet of the cannabis facility is prohibited.  That no person under the age of twenty-one (21) years of age is permitted to enter upon the premises.  That loitering by persons outside the facility both on the premises and within fifty feet Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 12 of 25 (50') of the premises is prohibited.  Juveniles are prohibited from entering this property unless they are a qualified patient or a primary caregiver and they are in the presence of their parent or legal guardian.”  Neither the City of Lake Elsinore, nor any other governmental agency, has tested or inspected any cannabis product for pesticides, or other regulated contaminants, distributed at this location. 63. Business identification signage shall be limited to that needed for identification only. Business identification signage shall not include any references to marijuana or cannabis, whether in words or symbols. All signs shall comply with the Municipal Code. No sign shall be installed until the owner/operator or its designated contractor has obtained any permit required from the City. 64. Signs on the cannabis facility building shall not obstruct the entrance or windows of the distribution facility. Records Retention/Reporting 65. The owner/operator of this cannabis facility shall maintain accurate books and records, detailing all of the revenues and expenses of the business, and all of its assets and liabilities. On no less than an annual basis, or at any time upon reasonable request of the City, the owner/operator shall file a sworn statement detailing the number of sales by the medical marijuana business during the previous twelve month period (or shorter period based upon the timing of the request), provided on a per-month basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. 66. The owner/operator shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the medical marijuana business, and separately of all the officers, managers, employees, agents and volunteers currently employed or otherwise engaged by the cannabis facility. The register required by this condition shall be provided to the City Manager upon a reasonable request. 67. The owner/operator shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products for all stages of the production or manufacturing, laboratory testing and distribution processes. Subject to any restrictions under the Health Insurance Portability and Accountability Act (HIPPA), the owner/operator shall allow City officials to have access to the business's books, records, accounts, together with any other data or documents relevant to its permitted medical marijuana activities, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents will be produced no later than twenty-four (24) hours after receipt of the City's request, unless otherwise stipulated by the City. 68. The owner/operator shall have in place a point-of-sale tracking system to track and report on all aspects of the medical marijuana business including, but not limited to, such matters as cannabis tracking, inventory data, and gross sales (by weight and by sale). The owner/operator shall ensure that such information is compatible with the City's record- Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 13 of 25 keeping systems. The system must have the capability to produce historical transactional data for review by the City Manager. 69. No Certificate of Occupancy shall be issued without the issuance of a Cannabis Business Permit and a City Business License. 70. No person having responsibility for the operation of a cannabis business, shall impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings or other documents required to be maintained by a medical marijuana business under this chapter or under state or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsifies any records, recordings or other documents required to be maintained by a cannabis business under state or local law. 71. The City Manager or their designees may enter this business at any time during the hours of operation without notice and inspect the location of this business as well as any recordings and records required to be maintained pursuant to LEMC or under applicable provisions of State law. The City Manager or his or her designees may conduct inspections at the site, as well as any recordings and records required to be maintained pursuant to the Municipal Code or under applicable provisions of State law. 72. Quarterly Inspections will be conducted by the City to verify compliance with the approved operation. The applicant will pay for the inspection according to the Additional Required Inspections as adopted in the Fee Schedule. Code Enforcement officers, the Building Official and/or the Fire Marshal may enter and inspect the location of this business between the hours of 8:00 am and 5:00 pm Monday through Friday upon 24 hours telephonic notice to the owner or operator, to ensure compliance with this CUP. 73. Annual Fire & Life Safety Inspections will be conducted by the Fire Station Crew for emergency response pre-planning and site access familiarization. The applicant will pay for the inspection according to the adopted Fee Schedule. BUILDING DIVISION General Conditions 74. Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 75. Compliance with Code. All design components shall comply with applicable provisions of the 2019 edition of the California Building, Plumbing and Mechanical Codes: 2019 California Electrical Code; California Administrative Code, 2019 California Energy Codes, 2019 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code. 76. Green Measures. The application shall provide 10% voluntary green measures on the project, as stipulated by the 2019 California Green Building Standards. 77. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 14 of 25 a. All ground floor units to be adaptable. b. Disabled access from the public way to the entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as clubhouse, trach enclosure tot lots and picnic areas. 78. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. It takes 10 days to issue address and notify other agencies 79. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 80. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 81. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. Septic systems will need to be approved from Riverside County Environmental Health Department before permit issuance. 82. House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 83. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of the Section 1207, of the 2019 edition of the California Building Code. c. A precise grading plan to verify accessibility for the persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 84. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 85. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 15 of 25 Prior to Issuance of Building Permit(s) 86. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division. Prior to Beginning of Construction 87. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. ENGINEERING DEPARTMENT General 88. All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner’s association or another maintenance entity approved by the City Council. 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. 89. In accordance with the City’s Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 90. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 91. Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 92. All required hydrology and hydraulic reports shall be prepared by a Registered Civil Engineer. All required soils, geology, and seismic reports shall be prepared by a Registered Geotechnical Engineer. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design 93. The project is responsible for complying with the Santa Ana Region NPDES Permits as warranted based on the nature of development and/or activity. These Permits include:  General Permit – Construction  Deminimus Discharges  MS4 94. A Water Quality Management Plan (WQMP) (preliminary and final) are required and shall be prepared using the Santa Ana Region 8 approved template and guidance and submitted for review and approval to the City. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 16 of 25 95. The Final WQMP shall be in substantial compliance with the approved preliminary WQMP and shall be approved by the City prior to precise grading plan approval and issuance of ANY permit for construction. 96. The Final WQMP shall document the following:  Detailed site and project description.  Potential stormwater pollutants.  Post-development drainage characteristics.  Low Impact Development (LID) BMP selection and analysis.  Structural and Non-Structural source control BMPs.  Treatment Control BMPs  Site design and drainage plan (BMP Exhibit).  Documentation of how vector issues are addressed in the BMP design, operation and maintenance.  GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations.  HCOC – demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year, 24 hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre-and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis.  The Operation and Maintenance (O&M) Plan and Agreement 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. 97. The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority): (Section XII.E.2, XII.E3, and XII.E.7).  Preventatives measures (these are mostly non-structural measures, e.g., minimizing impervious areas, conserving natural areas, minimizing directly connected impervious areas, etc.)  The Project shall in the order presented, infiltrate, harvest and use, evapotranspire and/or bio-treat the Design Capture Volume (DCV).  The Project shall consider a properly engineered and maintained bio-treatment system only if infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site.  Any portion of the DCV that is not infiltrated, harvested and used, evapo -transpired, and/or bio-treated shall be treated and discharged in accordance with the requirements set forth in Section XII.G. 98. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 17 of 25 99. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 100. The project shall implement State Water Quality Control Board and City approved full capture trash devices. This shall include installation of connector pipe screens on all onsite catch basins and all offsite catch basins to which the project discharges. 101. Trash enclosure shall be covered and bermed to prevent discharge. 102. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Division. 103. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker. 104. The project shall use either volume-based and/or flow-based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. Construction 105. 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. 106. 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. 107. 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. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. A copy of the plan shall be incorporated into the SWPPP and 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 108. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 18 of 25 industrial/commercial, MS4, etc. to include:  Demonstrate that the project has complied with all non-structural BMPs described in the project’s WQMP.  Provide signed, notarized certification from the engineer of work that the structural BMP’s identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational.  Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R.  Provide documentation of annexation into a CFD for funding of 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 (commercial/industrial) or POA as appropriate.  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 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. 109. 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 applicant 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. 110. Industrial Facilities – Subject to California’s General Permit for Stormwater Discharges Associated with Industrial Activity as defined by Standard Industrial Classification (SIC) Code.  Prior to grading or building permit close-out and/or the issuance of a certificate of use and occupancy, the applicant 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. UTILITIES 111. 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. 112. All overhead utilities shall be undergrounded in accordance with Chapter 16.64 of the Lake Elsinore Municipal Code (LEMC) 113. Underground water rights shall be dedicated to the City pursuant to the provisions of Section Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 19 of 25 16.52.030 (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. 114. The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 115. The developer shall submit a copy of the "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. IMPROVEMENTS Design 116. Sight distance into and out of the project location shall comply with City Standards. 117. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 118. The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 119. Flood control - 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. 120. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 121. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off -site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24 hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 122. 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. All off-site drainage, if different from historic flow, shall be conveyed to a public facility. 123. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 124. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 125. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 20 of 25 with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 126. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 127. The owner shall dedicate in fee title to the City right -of-way along Collier adjacent to the property frontage for a total right-of-way of 30’ wide from centerline to the project property line. 128. The developer shall construct half width street improvements on Collier such that the ultimate right-of-way width conforms to the General Plan Circulation Element right-of-way cross sections. The cross section of roadway improvements with curb, gutter, sidewalk, asphalt, parkway and street lights, shall be consistent with other development on Minthorn Street, as recommended by the City. The road improvements for Collier shall be consistent with the Traffic Analysis (revised) February 3, 2020. 129. Street improvement plans shall be prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, and drainage improvements. 130. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. Permitting/Construction 131. An Encroachment Permit shall be obtained prior to any work on City and/or State right-of- way. The developer shall submit the permit application, required fees and executed agreements, security and other required documentation prior to issuance. 132. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 133. All streets shall be constructed per Lake Elsinore City Standards and/or applicable specific plan. Any deviation from City standards shall be approved by the City Engineer. Acceptance of Improvements 134. The developer shall submit a written request for acceptance to the City Engineer. 135. As-built plans shall be completed and signed by the City Engineer. GRADING Design 136. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 21 of 25 control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake-elsinore.org). 137. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 138. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 139. Plant and irrigate all manufactured slopes equal to or greater than 3 feet in vertical height with drought tolerant grass or ground cover; slopes 15 feet or greater in vertical height shall also be planted with drought tolerant shrubs or trees in accordance with the requirements of Ordinance 457. 140. 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 approved by the City Engineer. 141. The developer shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. Permit/Construction: 142. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 143. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 144. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program 145. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of import/export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) 146. Import/Export sites located within the Lake Elsinore City limits must have an active grading permit. 147. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 148. 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. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 22 of 25 149. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 150. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 151. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. Developer shall pay all grading permit applicable processing, permit, and security. PRIOR TO ISSUANCE OF A BUILDING PERMIT 152. Provide final soils and geology report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 153. The Parcel Map shall be recorded. 154. All street improvement plans and signing and striping plans shall be completed and approved by the City Engineer. PRIOR TO OCCUPANCY 155. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 156. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 157. All water and sewer improvements shall be completed in accordance with Water District requirements. 158. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 159. As-built plans for all approved plan sets shall be submitted for review and approval by the City. As-built plans are required as a function of project closeout. 160. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 161. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8 ½ x 11” mylar) shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 162. All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows:  Final Map(s) - GIS Shape files* and .tif of recorded map.  Improvement Plans – GIS Shape files* and .tif of approved as built mylar.  Grading Plans - .tif of approved as built mylar. *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 23 of 25 163. Documentation of responsibility for maintenance along right-of-ways and open spaces to be maintained by the POA or other entity shall be provided in a recordable format and recorded prior to occupancy/final. 164. All street improvements including signing and striping onsite and project adjacent sections Collier shall be installed. 165. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: o Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP through completion of City’s Water Quality Certification Form; o Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; o Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and o The developer shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 166. Chemical management plans shall be approved by the County/City and other appropriate agencies such as County/City Fire Department, the Health Services Agency’s Department of Environmental Health, and sewering and/or water agencies to ensure implementation of each agency’s respective requirements. Approval by the appropriate agencies shall be furnished to the Engineering Division, prior to the issuance of any certificates of use and/or occupancy. 167. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses (where the proposed improvements will store, generate or handle hazardous materials in quantities that will require permitting and inspection once operational), the developer shall propose plans and measures for chemical management (including, but not limited to, storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the City Building Official. 168. Certificates or permits may be ministerially withheld if features needed to properly manag e chemicals cannot be incorporated into a previously completed building, center, or complex. 169. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a “Covenant and Agreement” in the form provided by the City to inform fu ture property owners of the requirement to implement the approved final project-specific WQMP. CITY OF LAKE ELSINORE FIRE MARSHAL 170. 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 Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 24 of 25 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. 171. Gates: Gates must meet Fire Department standards at the time of building permit issuance. Current standards require gates be set back 35 feet from roadways, equipped with a Knox Rapid Entry System, and an infrared automatic gate opener. 172. Fire flow and hydrants: The applicant or developer shall provide fire hydrants in accordance with the following: a. Prior to placing any combustibles on site, provide an approved water source for firefighting purposes. b. Prior to building permit issuance, submit plans to the water district for a water system capable of delivering fire flow as required by the California Fire Code and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Based on current standards, the required fire flow is estimated to be 2,625 GPM at 20 PSI for a 2 hour duration. Estimated fire flow is based on 39,000 square foot building area, Type V-B construction, and buildings having a fire sprinkler system per 2016 California Fire Code. 173. Prior to building permit issuance, install the approved water system, approved access roads, and contact the Fire Department for a verification inspection. 174. Emergency access roads must meet fire department standards at the time of building permit application. Current standards require minimum 24-foot wide roads for buildings less than 30 feet tall, and minimum 30-foot wide roads for buildings 30 feet tall and higher. Roads must be capable of supporting at least 80,000 pounds. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) 175. Prior to recordation of a Final Map, 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 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. Conditions of Approval PC: PA 2013-31 CC: Applicant’s Initials: _____ Page 25 of 25 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: