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Home My WebLink AboutBoos Sign CofAApplicant’s Initials: _____ Page 1 of 3 CONDITIONS OF APPROVAL PROJECT: PA 2019-45, VAR 2020-00001, Sign 2020-00001 PROJECT NAME: Boos Main Street Commercial Facility PROJECT LOCATION: APN’s: 377-243-002, 003, 004, 005, 006 and 007 APPROVAL DATE: March 3, 2020 EFFECTIVE DATE: EXPIRATION DATE: GENERAL 1. Planning Application No. 2019-45 (Variance No. 2020-00001 and Sign Application No. 2020-00001) is a proposal to install a freestanding freeway oriented pylon sign eighty-five feet (85’) in height in lieu of the maximum forty-five feet (45’) height with a sign face totaling 150 square feet in conjunction with the Boos commercial facility consisting of gas-dispensing areas, a convenience store and a drive-through carwash. The project site totals 0.88 acres (38,432 SF) in area and is located on the east side of Main Street between Flint Street and the I-15 Freeway southbound onramp (APN’s: 377-243-002, 003, 004, 005, 006 and 007) The sign would be located on the northerly parcel near the I-15 Freeway. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of Planning Application No. 2019-45 (Conditional Use Permit No. 2019-11, Commercial Design Review No. 2019-17 and Tentative Parcel Map No. 2019-04 – 37751) or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Variance No. 2020-00001 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 variance 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 variance approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal Code (LEMC) Conditions of Approval PC: March 3, 2020 PA 2019-45 (VAR 2020-00001, Sign 2020-00001) CC Executive Project Review Subcommittee: Applicant’s Initials: _____ Page 2 of 3 Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a variance granted pursuant to LEMC Section 17.415.050 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. 5. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Any proposed minor revisions to approved plans shall be reviewed and may be approved by the City Council Executive Project Review Subcommittee. 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. 7. The applicant shall provide all project-related on-site improvements as required by these Conditions of Approval. 8. 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 Sundays, or any Legal Holidays. 9. Final sign approval shall be reviewed and granted by the City Council Executive Project Review Subcommittee. 10. Graffiti shall be removed within 24 hours. 11. The pylon shall be painted a brown or beige color to blend with the background and area. 12. The applicant shall include City of Lake Elsinore branding on a freestanding sign(s) consistent with the City’s approved branding program subject to the approval of the City Council Executive Project Review Subcommittee. BUILDING & SAFETY DIVISION 13. Upon final approval by the City Council Executive Project Review Committee the applicant shall submit for building plan check that shall include but not be limited to engineering calculations, wind bearing loads, footing details and electrical specifications. 14. Compliance with Codes. All design components shall comply with applicable provisions of the 2019 edition of the California Building Code; 2019 California Electrical Code; California Administrative Code; and the Lake Elsinore Municipal Code. ENGINEERING DIVISION 15. Work within the public right-of-way shall require approval and issuance of an encroachment permit prior to any work. Conditions of Approval PC: March 3, 2020 PA 2019-45 (VAR 2020-00001, Sign 2020-00001) CC Executive Project Review Subcommittee: Applicant’s Initials: _____ Page 3 of 3 16. 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. 17. Applicant to provide the City a video record of the condition of Main Street near the sign location. In the event of damage to such road, applicant shall pay full cost of restoring public road 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. 18. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of ANY activity. CITY OF LAKE ELSINORE FIRE MARSHAL 19. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. 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 Planning Commission of the City of Lake Elsinore on _March 3, 2020 . I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: