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Home My WebLink AboutAttachment 2 - Conditions of ApprovalApplicant’s Initials: _____ Page 1 of 4 CONDITIONS OF APPROVAL PROJECT: PA 2023-16/CUP 2023-07 PROJECT NAME:JC Industries – Cabinet Shop CUP PROJECT LOCATION:18301 Collier Avenue, Unit A (APN: 377-120-026) APPROVAL DATE:TBD, 2023 EFFECTIVE DATE:TBD, 2023 EXPIRATION DATE:TBD, 2025 GENERAL 1. Planning Application No. 2023-16 (Conditional Use Permit No. 2023-07) proposes to establish and operate a new approximately 2,000 sq. ft. cabinet shop located in an existing multi-tenant building. The project is located north of Central Avenue and south of Hunco way, more specifically 18301 Collier Avenue, Unit A (APN: 377-120-026). 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 CUP 2023-07, 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 CUP 2023-07 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 and prior to issuance of any 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 DIVISION 4. Conditional Use Permit No. 2023-07 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit 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 conditional use permit approval pursuant to subsections (a), (b), and (c) of Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of PA 2023-16/CUP 2023-07 PC: August 1, 2023 Conditions of Approval CC (Rec & File): TBD Applicant’s Initials: _____ Page 2 of 4 3 1 6 0 7 this section 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 the Conditional Use Permit application. 5. The applicant shall at all times comply with Section 17.176 (Noise Ordinance) of the Lake Elsinore Municipal Code (LEMC). 6. The applicant shall meet all applicable City Codes and Ordinances. 7. A business license shall be obtained prior to a certificate of occupancy of the proposed establishment. 8. Business hours shall be Monday through Friday from 7:00 AM to 3:30 PM. In the event the applicant proposes to modify the hours of operation, 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. 9. Any outdoor activities will require a temporary use permit or special event permit, as applicable, shall be obtained from the City of Lake Elsinore prior to conducting any outdoor events on the subject property. 10. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar manner as a new application. 11. If operation of this use raises 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. 12. 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. 13. 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. 14. Any proposed minor revisions to the approved plans are subject to review and approval 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. 15. 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. 16. There shall be no loitering in or around the establishment. PA 2023-16/CUP 2023-07 PC: August 1, 2023 Conditions of Approval CC (Rec & File): TBD Applicant’s Initials: _____ Page 3 of 4 3 1 6 0 7 17. Graffiti shall be removed within 24 hours. 18. The vicinity of the establishment 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. 19. There shall be no outdoor storage or activities of any kind. 20. 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. 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. BUILDING DIVISION 22. The applicant shall meet all applicable building codes in effect at the time, including requirements for the occupancy. 23. A building permit shall be obtained prior to construction of building alterations. CITY OF LAKE ELSINORE FIRE MARSHAL 24. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. ____________________________________________________________________________ PA 2023-16/CUP 2023-07 PC: August 1, 2023 Conditions of Approval CC (Rec & File): TBD Applicant’s Initials: _____ Page 4 of 4 3 1 6 0 7 I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above- referenced project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City of Lake Elsinore Planning Commission on _____. I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: