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HomeMy WebLinkAboutAttachment 4 - CofA_DA Edits Applicant’s Initials: _____ Page 1 of 20 CONDITIONS OF APPROVAL PROJECT: PA 2022-03/TTM 2022-01 (TTM 38378)/RDR 2022-02 PROJECT NAME: Mission Trail at Lemon PROJECT LOCATION: APNs: 370-050-019, 370-050-020, 370-050-030 APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL 1. Planning Application No. 2022-03 (Mission Trail at Lemon) consists of requests for Tentative Tract Map No. 38378 to subdivide an approximately 17.21-acre site into one (1) approximately 16.94-acre lot for condominium purposes (0.28-acre right-of-way dedication) and Residential Design Review No. 2022-02 to construct 191 detached condominium residences and associated improvements within the Action Sports, Tourism, Commercial, and Recreation Land Use Designation with a Mixed Use Overlay within the East Lake Specific Plan. The proposed buildings feature seven floor plans ranging in size from 1,323 sq. ft. to 2,146 sq. ft. and three architectural styles (French Country, Santa Barbara and Modern Farmhouse). The site will feature common open space areas with amenities including a playground structure (“tot lot”), a swimming pool, a recreation building, and seating areas. The project site is located adjacent to and west of Mission Trail, across from Lemon Street to the south, and Lewis Street and Victorian Lane to the north (APNs: 370-050-019, 370-050-020, and 370-050-032). 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 TTM 2022-01 and RDR 2022-02, 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 TTM 2022-01 and RDR 2022- 02 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. 4. The applicant shall submit a check for $2,814.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the project’s approval. Commented [DA1]: The project is using a Categorical CEQA Exemption Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 2 of 20 Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 3 of 20 PLANNING DIVISION 5.4. Tentative Tract Map No. 38378 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC). 6.5. Tentative Tract Map No. 38378 shall comply with the State of California Subdivision Map Act, and applicable requirements contained in the LEMC, unless modified by these Conditions of Approval. 7.6. Residential Design Review No. 2022-02 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 Lake Elsinore Municipal Code (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. 8.7. The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval. 9.8. All Conditions of Approval shall be reproduced on page one of building plans prior to their acceptance by the Building and Safety Division, Community Development Department. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy. 10.9. 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. 11.10. 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. 12.11. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall condition would result, the developer shall make a good faith effort work with the adjoining property owners to provide a single wall. Developer shall notify, by mail, all contiguous property owners at least 30 days prior to the removal of any existing walls/fences along the project perimeter. 13.12. For multiple-family development, laundry facilities shall be provided as required by the Lake Elsinore Municipal Code. 14.13. For multiple-family development, provide exterior lockable storage space as required by the California Green Building Code. Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 4 of 20 15.14. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Prior to Recordation of Final Map(s) 16.15. All lots shall comply with minimum standards set forth in the Mixed Use overlay land use designation - Detached Multiple-Family Cluster Residential Only Development Standards Attached Residential (AR) land use designation of the Lakeshore VillageEast Lake Specific Plan. 17.16. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 18.17. Street names within the subdivision shall be reviewed and approved by the Community Development Director or designee. 19.18. All of the project improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 20.19. The applicant shall initiate and complete the formation of a Homeowner’s Association (HOA) which shall be approved by the City. All Association documents shall be submitted for review and approval by City Planning, Engineering and the City Attorney and upon City approval shall be recorded. Such documents shall include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC&Rs). a. At a minimum, all recreation and park areas (except public parks), all natural slopes and open space, all graded slopes abutting public street rights-of-way which are not part of residential lots, up slopes from public rights-of-way within private lots and all private streets, and all drainage basins shall be maintained by the Homeowner’s Association (HOA). Prior to Issuance of Grading Permits/Building Permits 21.20. The following architectural details shall be provided: • All front fence returns shall be decorative masonry walls. Wood fences will not be allowed along the front elevation. Wood, vinyl or steel (wrought iron or aluminum) gates are allowed in order to allow access to rear yards. • The applicant shall provide four-sided articulation. Architectural enhancements and treatments shall be provided on all residential elevations (front, rear and side) visible from streets and other public views. • All fireplaces shall be natural gas fireplaces only. No wood burning fireplaces shall be allowed. 22.21. Prior to the issuance of a grading permit, the project applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, including obtaining Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 5 of 20 the necessary authorizations from the regulatory agencies for proposed impacts to jurisdictional waters. Authorizations may include a Section 404 Permit from the U.S. Army Corps of Engineers, a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife, and a Section 401 Water Quality Certification/Waste Discharge Requirement from the Regional Water Quality Control Board. 23.22. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. • Show the location of all wood, vinyl or steel (wrought iron or aluminum) gates placed within the front return walls. • Show that side walls for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 24.23. Signs are not part of this project approval. All signage shall be subject to Planning Division or Planning Commission review and approval prior to installation. 25.24. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3'x3' sign at the entrance to the project site identifying the approved days and hours of construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. The sign shall identify the name and phone number of the development manager to address any complaints. 26.25. Prior to issuance of a model home permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped-accessible bathroom. 27.26. Construction phasing shall be implemented in accordance a Phasing Plan, subject to a review and approval by the Engineering and Building Departments, which avoids construction traffic from entering occupied neighborhoods within the tract. 28.27. A cash bond in the amount of $1,000 shall be required for the Model Home Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 29.28. A cash bond in the amount of $1,000 shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 30.29. A cash bond in the amount of $1,000 shall be required for any construction trailers Formatted: Justified, Indent: Left: 0.13" Formatted: Justified Formatted: Justified, Indent: Left: 0.13" Formatted: Justified Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 6 of 20 used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 31.30. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit. 32.31. The project shall connect to water and sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 33.32. All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit. 34.33. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 percent planting coverage using a combination of drip and conventional irrigation methods. Construction Landscape & Irrigation drawings shall be submitted to the Community Development Department with appropriate fees, for review and approval by the Community Development Director or designee. • The applicant shall replace any street trees harmed during construction, in conformance with the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. • Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. • The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed two (2) feet and whose canopy does not fall below six feet. • The landscape plan shall provide for California native drought-tolerant ground cover, shrubs, and trees. Special attention shall be given to use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. • No front-yard shall be landscaped with grass turf. • All landscape improvements shall be bonded with a ten percent (10%) Faithful Performance Bond of the approved estimated labor and materials cost for all planting. The bond shall remain in effect for one year from Certificate of Occupancy. • All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. • All Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design that minimizes water use by: i. Eliminating high and medium water-use plant material as identified by Water Use Classifications of Landscape Species (WUCOLS) (such as turf) and incorporates low to very low water-efficient (“drought-tolerant” / climate-appropriate) plants; ii. Requires an efficient irrigation system that includes: 1. ET-Based (“Smart irrigation”) controller(s) with weather-sensing, Formatted: Justified, Indent: Left: 0.13" Formatted: Justified Formatted: Justified, Indent: Left: 0.13" Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 7 of 20 automatic shut-off and seasonal adjustment capabilities; 2. Efficient irrigation water application through use of: a. Low-volume point-source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and/or b. Rotor-type nozzles for areas greater than ten (10) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71. 3. Improvement of soil structure for better water retention; and 4. Application of mulch to hinder evaporation. • The Final landscape plan shall be consistent with any approved site and/or plot plan. • The Final landscape plan shall include planting and irrigation details. • All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. • All landscaping and irrigation shall comply with the water-efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. BUILDING DIVISION General Conditions 35.34. 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. 36.35. Compliance with Code. All design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes: 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code. 37.36. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: 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. 38.37. 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. Please contact Sonia Salazar at ssalazar@lake-elsinore.org or 951-674-3124 X 277. Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 8 of 20 39.38. Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department evidencing the payment or exemption from School Mitigation Fees. 40.39. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 41.40. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 42.41. 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. 43.42. 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 44.43. 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 5.507, of the 2022 edition of the California Green 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) 45.44. 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. 46.45. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Asbestos report and lead base paint reports are required before demo permit will be issued. Prior to Issuance of Building Permit(s) 47.46. 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 Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 9 of 20 48.47. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. ENGINEERING DEPARTMENT General 49.48. All new submittals for plan check or permit shall be made using the City’s online Citizen Service Portal (CSSP). 50.49. All plans (Street, Storm Drain, Grading) shall be prepared by a registered Civil Engineer using the City’s standard title block. 51.50. All required soils, geology, seismic, and hydrology and hydraulic reports shall be prepared by a registered Civil Engineer and Soils Engineer, as applicable. 52.51. All slopes and landscaping within the public right-of-way shall be maintained by the property owner, owner’s association, firms contracted by the property owner’s association, or another maintenance entity approved by the City Council. 53.52. 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 the property owner or property owner’s association. 54.53. Any portion of a drainage system that conveys runoff from open space shall be installed within a drainage easement. 55.54. Water quality facilities that are constructed across lots shall be installed within a dedicated drainage easement. 56.55. 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. 57.56. 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 both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy. 58.57. Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer. 59.58. The site will accommodate all construction activity, building activity, vehicles, etc. No staging on public streets, or private property belonging to others shall be conducted without the written permission of the property owner. Commented [CS2]: Awaiting Conditions from Engineering. Last Update from Yu Tagai engineering is waiting to hear from David concerning the Fair Share fee concerning the shared right of way with the City of Wildomar. 9.28.2023 Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 10 of 20 60.59. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) as identified by the City shall be implemented. 61.60. Applicant shall install permanent benchmarks to Riverside County Standards and at locations to be determined by the City Engineer. Fees 62.61. Applicant shall pay all applicable permit application and Engineering assessed fees, including without limitation plan check and construction inspection fees, at the prevalent rate at time of payment in full. 63.62. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Fees are subject to change. Mitigation and Development Impact Fees include without limitation: • Master Plan of Drainage Fee – Due prior to Final Map approval or grading permit issuance, whichever is first. • Traffic Infrastructure Fee (TIF) – Due prior to building permit issuance. • Transportation Uniform Mitigation Fee (TUMF) – Due prior to occupancy. 64.63. Applicant is responsible for a 9.75% fair share contribution toward signalization of Gunnerson Street and State Route 74 intersection as identified in the Traffic Impact Analysis by EPD Solutions, Inc. dated January 24, 2023. Fair share cost is due prior to issuance of first occupancy. Final Tract Map 65.64. Applicant shall submit for plan check review and approval for final Tract Map. 66.65. Street names within the subdivision shall be established and approved by the Community Development Director or Designee. 67.66. Applicant shall make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City, free and clear of all liens and encumbrances and without cost to the City. 68.67. Applicant shall dedicate right-of-way for Lakeshore Drive adjacent to the property for a total right-of-way of 60 feet from centerline to the project property line. Lakeshore Drive is classified as an Urban Arterial Highway in the City’s General Plan, where full- width is 120 feet and curb-to-curb width is 96 feet. 69.68. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 in the Lake Elsinore Municipal Code (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. 70.69. Prior to scheduling City Council approval of the final Tract Map, the applicant shall, in accordance with Government Code, have constructed all improvements or have Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 11 of 20 improvement plans submitted and approved, agreements executed, and securities posted. Securities posted include but are not limited to the off-site improvements. 71.70. Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act. 72.71. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of final map. 73.72. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be with final Tract Map. Storm Water Management / Pollution Prevention / NPDES Design 74.73. The project is responsible for complying with the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity. 75.74. A Final Water Quality Management Plan (WQMP) shall be prepared using the Santa Ana Region 8 approved template and guidance and submitted for review and approval to the City. The Final WQMP shall be approved by the City prior to scheduling City Council for final map approval, grading plan approval and issuance of any permit for construction, whichever is first. 76.75. 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. • Hydraulic Conditions of Concern (HCOC) – demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2-year, 24-hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre- and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis. If HCOC applies, the project shall implement measures to limit disturbance of natural water bodies and drainage impacts from Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 12 of 20 urban runoff (Note the facilities may need to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain events). • Operations and Maintenance (O&M) Plan and Agreement (using City approved form and/or CC&Rs) as well as documentation of formation of funding district for long term maintenance costs. 77.76. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff. 78.77. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 79.78. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained. 80.79. 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 Department. 81.80. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker. 82.81. The project shall use either volume-based and/or flow-based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. 83.82. The project site shall implement full trash capture methods/devices approved by the Regional Water Quality Control Board. This shall include installation of connector pipe screens on all onsite and offsite catch basins to which the project discharges. Construction 84.83. 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. 85.84. 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. 86.85. Erosion & Sediment Control – Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 13 of 20 shall be incorporated into the SWPPP, kept updated as needed to address changing circumstances of the project site, be kept at the project site, and available for review upon request. Post-Construction 87.86. Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: • Demonstrate that the project has compiled with all non-structural BMPs described in the project’s WQMP. • Provide signed, notarized certification from the Engineer of Work that the structural BMPs identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational. • Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R. • The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall: (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long- term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long-term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used. • Provide documentation of annexation into a CFD for funding facilities to be maintained by the City. • Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the Engineer of Work dated 12 months after the Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. • Provide the City with a digital .pdf copy of the Final WQMP. Utilities 88.87. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the applicant, property owner, and/or his agent. Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64). 89.88. Underground water rights shall be dedicated to the City pursuant to the provisions of LEMC Section 16.52.030, and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. Dedication shall be made on final Tract Map. 90.89. Applicant shall apply for, obtain and submit to the City Engineering Department a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities. Non-Interference Letter (NIL) shall be provided Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 14 of 20 prior to issuance of Grading Permit. 91.90. Submit a “Will Serve” letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure, volume, etc. Will Serve letters shall be provided prior to issuance of Grading Permit. Improvements 92.91. Applicant shall implement traffic mitigation measures identified in the Traffic Impact Analysis by EPD Solutions, Inc. dated January 24, 2023, as specified in Section 6. 93.92. Project will be responsible for the following improvements: • Construction of ultimate half-width street improvements adjacent to the project frontage on Lakeshore Drive (120-foot right-of-way). Improvements shall include widened section of new AC pavement and base material, curb and gutter, sidewalks, parkway landscaping, and streetlights. Lakeshore Drive shall be restriped and widening shall include transition paving and striping to match existing conditions. • Installation of traffic signals at the intersection of Gunnerson Street/Project Driveway and Lakeshore Drive including modification of signing and striping. • Modification of existing and installation of new signing striping for required improvements, The project shall be responsible for any additional paving and/or striping removal causing by the striping plan. • Project shall install crosswalks at the intersection of Gunnerson Street/Project Driveway and Lakeshore Drive to provide connectivity for pedestrians. 94.93. Sight distance into and out and throughout the project location shall comply with City or Caltrans standards. Project shall ensure facilities are installed outside the line of sight of drivers. 95.94. If existing improvements are to be modified, existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit. 96.95. Project will be responsible to design and install streetlights on Lakeshore Drive adjacent to Lakeshore Drive. Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but are not limited to details such as location, pole and luminaire type, and pull box design. Streetlight plans may be included as part of the Street Improvement plan set. 97.96. 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. 98.97. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 15 of 20 99.98. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and on-site drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-year storm of 6 hours and 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 requirements to accomplish the desired results. 100.99. 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. 101.100. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 102.101. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 103.102. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 104.103. A registered Civil Engineer shall prepare the improvement (for public and private), signing and striping, and traffic signal plans required for this project. Improvements shall be designed and constructed to City Standards and Codes (LEMC 12.04 and 16.34). Permitting/Construction 105.104. An Encroachment Permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees, and executed agreements, security and other required documentation prior to issuance. 106.105. An Encroachment Permit from Riverside County shall be obtained prior to any work within Riverside County right-of-way or connections to Riverside County Flood Control facilities. Permit shall be obtained prior to issuance of City permits. 107.106. All compaction reports, grade certification, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. Prior to Grading Permit 108.107. A grading plan signed and stamped by a registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual. Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 16 of 20 109.108. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 110.109. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 111.110. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer. 112.111. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard prior to grading permit. The location of faults, active or inactive shall be shown on the plan sets. 113.112. Applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. 114.113. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 115.114. All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer. Permitting/Construction 116.115. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 117.116. Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds require approval and necessary permits from respective Federal and/or State Agencies. 118.117. No grading shall be performed without first having obtained a Grading Permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required. 119.118. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity. 120.119. Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC 15.72.065). Prior to commencement of grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 17 of 20 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. 121.120. 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. 122.121. Review and approval of the project sediment and erosion control plan shall be completed. As warranted, a copy of the current SWPPP shall be kept at the project site and be available for review upon request. 123.122. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 124.123. Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with all required environmental mitigation triggered by the proposed grading activity. Prior to Building Permit 125.124. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 126.125. All public improvement, traffic signal, signing and striping plans shall be completed and approved by the City Engineer. 127.126. Any dedications and easements no identified on the final Tract Map shall be recorded with the recorded copy provided to the City prior to issuance of the building permit. 128.127. The Final Tract Map shall be recorded. Prior to Occupancy / Final Approval / Project Closeout 129.128. All public improvements shall be constructed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer prior to issuance of first occupancy. 130.129. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 131.130. Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department prior to first occupancy. 132.131. In the event of the damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 18 of 20 133.132. All final studies and reports, final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted in .tif format on a USB flash drive or electronically to the Engineering Department before final inspection will be scheduled. 134.133. All required public right-of-way dedications, easements, vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to first occupancy. 135.134. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval. 136.135. Applicant shall submit documentation pursuant to City’s Security Release handout. 137.136. Applicant shall submit as-built all Engineering Department approved project plan sets. After City approval of paper copy, applicant is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a digital copy of the “as-built” plans in .tif format. 138.137. Applicant shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans. All data must be in projected coordinate system: NAD 83 State Plane California Zone VI U.S. Fleet. All parts and elements of the designed system shall be represented discretely. Include in the attribute table basic data for each feature, such as diameter and length, as applicable, and for pipes include material (PVC, RCP, etc.) and slope. CITY OF LAKE ELSINORE FIRE MARSHAL 139.138. 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. 140.139. If the project is to be constructed in phases, each phase of development must independently meet all applicable fire department requirements. 141.140. Hazardous Fire Area: this project is near a Very High Fire Hazard Severity Zone of Riverside County as shown on a map on file with the Clerk of the Board of Supervisors. As the State of California revises the High Fire Area maps, this project could be included in the VHFHSZ. Any building constructed within this zone must comply with the special construction provisions contained in the Lake Elsinore Municipal Code, California Fire Code, California Residential Code, and the California Building Code 142.141. The 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 Commented [CS3]: Awaiting Conditions from the Fire Marshall. Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 19 of 20 Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. 143.142. Gates must meet Fire Department standards at the time of building permit application. Current standards require that gates have a Knox rapid entry system, an infrared gate opener, and be set back up to 35 feet allow emergency vehicles to safely stop away from traffic flow. 144.143. Fire sprinkler systems: all residential occupancies must have a fire sprinkler system in accordance with the California Residential Code, California Fire Code, and local ordinances. Attached garages must also have a fire sprinkler system. 145.144. All buildings 5,000 square feet and larger, regardless of occupancy classification, must have a fire sprinkler system in accordance with Lake Elsinore Municipal Code. 146.145. Fire Department standards require two points of access and egress for this project. Due to site constraints, two separate and remote points of access and egress are not feasible. As a mitigation in lieu of secondary access, the developer will provide the following: a. The entry to the development will have at least 20-foot-wide roads for both entry and exit. Gates will not reduce the minimum 20-foot-wide clear road width. b. A Knox Rapid Entry System will open both the entry and exit gates from outside the development. c. An infrared gate opening device will open both the entry and exit gates from outside the development. d. Emergency vehicles will be able to freely utilize the exit gate to enter the development in case of an emergency as needed without any obstructions. e. All plans with information related to these mitigations, including building plans, landscape plans, fence and wall plans, and site plans must clearly indicate these mitigations. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD 147.146. Prior to approval of the Final Map, Residential Design Review, Conditional Use Permit, or issuance of a building grading permit (as applicablewhichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into Community Facilities District No. 2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. The annexation process shall be completed prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety 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. Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) Conditions of Approval PC: October 17, 2023 PA 2022-03/TTM 2022-01/RDR 2022-02 CC: Applicant’s Initials: _____ Page 20 of 20 148.147. Prior to approval of the Final Map, Design Review, Conditional Use Permit, or issuance of a buildinggrading permit (as applicablewhichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process 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. The annexation process shall be completed prior to issuance of the first certificate of occupancy for 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. MITIGATION MONITORING AND REPORTING PROGRAM 149.148. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program for the Environmental Impact Report (SCH No. 2016111029) prepared for the East Lake Specific Plan. 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: