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HomeMy WebLinkAboutCC Reso No 2007-203RESOLUTION NO. 2007- 203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2006-03 WHEREAS, Stacey Peterson of McArdle Associates Architects filed an application with the City of Lake Elsinore requesting approval of Industrial Design Review No. 2006-03 for the design and construction of twenty (20) light industriai buildings ranging in size from 6,810 square feet to 30,989 square feet on a 17.2 acre site with related improvements (the "ProjecY') located on the north side of Chaney Street, approximately 920 feet west of Minthorn Street, APN: 377-140-124 (the "Property"); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving industrial design review applications; and WHEREAS, on November 27, 2007, at a duly noticed public hearing, the City Council considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: ' SECTION 1. The City Council has considered the Industrial Design Review prior to making a decision to approve the application. The City Council finds that the Industrial Design Review satisfies all requirements set forth in Chapter 17.82 of the Lake Eisinore Municipal Code. SECTION 2. The City Council has considered the Mitigated Negative Declaration No. 2007-05 and has determined that the Mitigated Negative Dec~aration has been prepared in compliance with the California Environmental Quality Act. SECTION 3. That in accordance with the State Planning and Zoning Law and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Industriai Design Review 2006-03: 1. The Project, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which the Project is located. The Project complies with the goa/s and objectives of the General Plan Because it will assist in achieving the deve%pment of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. 1 2. The Project complies with the design directives contained in the General Plan Urban Design Element and all other applicabie provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the sife and surrounding developments in fhat the light industrial park consisting of twenty (20) buildings has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the park. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the qualify of existing development and will create a visually pleasing, non-detractive relationship between the proposed development and existing projects through the use of a`Contemporary' architectural design that is similar to existing industrial developments in fhe vicinity. A variety of architectural elements and co%rs are proposed including recessed building entries, multiple parapet heighfs, decorative score lines and eye brow canopies. In addition, proposed neutral tone colors will serve to blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to resuit in any significant adverse environmental impacts. The City Council has considered fhe Mitigated Negative Declaration No. 2007-05 and has determined that the Mitigated Negative Declaration has been prepared in compliance with the California Environmental Quality Act. All potential impacts can be mitigated to /ess than significant levels, and as such, the Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 of the Lake Elsinore Municipal Code, fhe Project has been seheduled for consideration and approval of the City Council on November 27, 2007. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the City Council hereby approves Industrial Design Review 2006-03. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. 2 PASSED, APPROVED AND ADOPTED on this 27th day of November 2007. ~OBERT E. MAGEE, CITY OF LAKE ELSIC AT EST: ~ VIVIAN MUNSON CITY CLERK A ROVED AS O FOR : P/VUL ~ ARBARA D LEIBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2007-203 was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 27th day of November 2007, and that the same was adopted by the following vote: AYES; COUNCILMEMBER THOMAS BUCKLEY, COUNCILMEMAER GENIE KELLEY, MAYOR PRO TEM DARYL AICKMAN, MAYOR ROBERT E. MAGEE NOES: NONE ABSTAIN: COUNCILMEMAER ROBERT SCHIFFNER ABSENT: rrorrE ti ~ VIVIAN M, MUNSON CITY CLERK PLANNING DEPARTMENT General Conditions: 1. The Applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the MSHCP Consistency Findings, General Plan Amendment No. 2007 -04 Conditional Use Permit No. 2007-21, Industrial Design Review No. 2006-03 and any related determinations. 2. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $1,864.00 to enable the City to file the Notice of Determination. Said filing fee shall be provided to the City within 48 hours of project approval. 3. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approvE!d days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. 4. All Conditions of Approval shall be reproduced upon page one of building plans submitted to the Building and Safety Division for Plan Check. 5. Applicant shall comply with all applicable mitigation measures listed in the Mitigation Monitoring Program associated with the Mitigated Negative Declaration for the Fairway Business Park. 6. Prior to issuance of any grading or building permits, the Applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. 7. The Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Lake Elsinore Municipal Code Chapter 15.72 and using acceptE!d control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 2 OF 14 8. The Applicant shall comply with the City's Noise Ordinance. Notwithstanding the foregoing, with regard to hours of operation, construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 9. The proposed location of onsite construction trailers shall be approved by the Community Development Director or Designee. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or Designee. 10. The Applicant shall comply with all applicable City codes and ordinances. Conditional Use Permit No. 200J -21 : 11. The Conditional Use Permit shall comply with all applicable requirements of the Title 17 of the LakE! Elsinore Municipal Code, unless modified by approved Conditions of Approval. 12. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 13. Prior to approval of tenant improvement plans for either office or showroom uses within Buildings A, B, C, & D the property owner shall prepare and submit an onsite parking study to the Community Development Department for review and approval. The study shall demonstrate that adequate parking spaces either currently exist onsite or will exist prior to commencement of a proposed use within Buildings A, B, D & D. Commercial or other uses requiring parking spaces at a ratio of 1 per 250 square feet will be permitted only after a parking study, showing adequate spaces for peak parking times, is approved by the Director of Community Development or his/her designee. If the final site plan demonstrates that all LEMC parking requirements have been complied with, the Director of Community Development shall have the authority to waive the onsite parking study requirement. 14. Exterior security lighting shall be shielded and directed on-site so as not to create glare onto neighboring properties. The proposed light fixtures shall compliment the building architecture and shall be reviewed and approved by the Director of Community Development or Designee. 15. All security measures requested by the Riverside County Sheriff's City Council Approval November 27, 2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 3 OF 14 Department shall be followed and adhered to at all times. 16. Outdoor storage materials shall not be visible from public rights-of-way or adjacent properties. In addition, no materials shall be stored higher than the adjacent screening method. Industrial Design Review No. 2006-03: 17. Approval for Industrial Design Review No. 2006-03 will lapse and be void unless a building permits-a-Fe is issued within one (1) year following the date of approval. (Condition Modified by City Council 11/27/07) 18. Unless specifically provided otherwise in these conditions, any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be applied for in accordance with the provisions of Section 17.82.120. 19. No structure which has recE~ived a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 20. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 21. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planningl Commission/City Council through subsequent action. 22. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to dHvelopment shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any mat€~rial covering the roof equipment shall match the primary wall color. 23. Prior to issuance of a Certificate of Occupancy for any building onsite, a Uniform Sign Program shall be submitted for review and approval by the Planning Commission. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 4 OF 14 24. All freestanding and wall mounted signage proposed onsite shall comply with the currently approved "Fairway Business Park Uniform Sign Program" document. 25. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 26. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 27. No exterior roof ladders shall be permitted. 28. All exterior downspouts shall be concealed within the buildings. 29. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or Designee. The colors and materials include the following: Color Schedule Painted Concrete - Field Color Scheme 1 - Sherwin Williams #sw6141 - Softer Tan Scheme 2 - Sherwin Williams #sw7043 - Worldly Grey Painted Concrete - Field Color Scheme 1 - Sherwin Williams #sw6143 - Basket Beige Scheme 2 - Sherwin Williams #sw7045 -Intellectual Grey Painted Concrete - Accent Color Scheme 1 - Sherwin Williams #sw6144 - Dapper Tan Scheme 2 - Sherwin Williams #sw7046 - Anonymous Mullions/Metal Doors Painted to Match Adjacent Wall Color Glazing %" PPG Sloarcool (2) Azurlite 30. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDM:ENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 5 OF 14 31. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system and erosion control vegetation installed and approved by the Planning Division. 32. On-site surface drainage shall not cross sidewalks. Phasing Plan: 33. The project shall be developed in three phases as shown on and in accordance with the approved Phasing Plan Sheets 1 thru 9. An adequate number of parking spaces, as required by the Lake Elsinore Municipal Code, shall be available onsite prior to building permit final for each individual phase. Development of parking areas shall be allowed outside of phasing plan area if said parking is needed to meet minimum Lake Elsinore Municipal Code requirements. (Condition modified by Planning Commission on 11/6/07) 34. The Phase 2 and Phase 3 boundary areas shall be temporarily irrigated and seeded with a flower mix upon grading until commencement of Phase 2 construction activities. 35. With the exception of a construction trailer and the use thereof, no construction or storage activities in association with Phase 1, shall occur at any time within the Phase 2 or Phase 3 boundary areas prior to commencement of Phase 2 or Phase 3 construction activities. 36. Certificates of Occupancy/Building Permit Finals shall be issued in three phases. Phase 1 shall include Buildings M, N, P, Q, R, S, T, U, V. Phase 2 shall include Buildings E, F, G, H, J, K, L. Phase 3 shall include Buildings A, B, C, D. Prior to Issuance of BuildinglGrading Permit: 37. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the Community Development Department for review and approval. The study shall show locatlions of all exterior lighting fixtures and shall verify that a minimum 1-foot candle of illumination is achieved throughout the onsite parking area. Moreover, the study shall demonstrate that a minimum of 5-foot candles are achieved at building entrances. 38. All exterior wall mounted and freestanding light fixtures shall be submitted for review and approval by the Director of Community Development. Light fixtures shall compliment the architectural style of the buildings onsite. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 6 OF 14 39. The color, finish and pattern of all decorative paving onsite shall be submitted for review and approval by the Director of Community Development. 40. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or Designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and ground cover coverage using a combination of drip and conventional irrigation methods. b. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. c. Plantings within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Any ground mounted transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. Shrubs and vines shall be planted around the onsite trash enclosures to soften the structures. f. Final landscape plans shall include planting and irrigation details and shall include all tree and shrub container sizes to be reviewed and approved by the City's landscape architect consultant. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. A Landscape Maintenance Bond shall be provided prior to issuance of Certificate of Occupancy. The bond shall cover ten percent (10%) of the total cost of landscaping improvements onsite. Release of the bond shall be requested by the Applicant at the end of the required one year maintenance period subject to the approval of the City's Landscape Architect Consultant and Community Development Director or Designee. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDM:ENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 7 OF 14 i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Final landscape plan must be consistent with approved site plan. j. One twenty-four inch (24") box size tree shall be installed for every five parking spaces within the onsite parking area. k. One twenty-four inch (24") box size tree shall be installed for every thirty-linear feet (30') of street frontage, selected from the approved City street tree list. I. The landscape plan shall provide for larger sized plantings around the perimeter of the outdoor storage areas so as to achieve immediate screening of these areas. The specific types of plantings and associated sizes shall be reviewed and approved by the City's landscape architect consultant. 41. Prior to issuance of building permits, Applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 42. Prior to issuance of building permits, the Applicant shall provide assurance that the Public Building Impact Fee has been paid. 43. Prior to issuance of building permits, the Applicant shall provide assurance that the Library Capital Improvement Fund fee has been paid. 44. Prior to issuance of building permits, the Applicant shall provide assurance that all Multiple Species Habitat Conservation Plan fees have been paid. 45. Prior to issuance of building permits, the Applicant shall provide evidence that all Riverside County Fire Department standards and requirements have been complied with. ENGINEERING DEPARTMENT General: 46. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to Certificate of Occupancy approval. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 8 OF 14 47. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 48. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project.. This letter shall be submitted prior to issuance of Building Permit. 49. Construct all public works improvements per approved street plans (LEMC 12.04) in accordance with project phasing plan. Plans must be approved and signed by the City Engineer prior to construction. Construction shall be completed prior to Certificate of Occupancy approval. (Condition modified by Planning Commission on 11/6/07) 50. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Standards. Engineering Staff shall review requests for the use of Riverside County Road Department Standards, latest edition. 51. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to commencement of work. 52. Roadway design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. 53. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % for a distance of 50-feet for each leg of the intersection. 54. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of improvements within the City of Lake Elsinore right-of-way. 55. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements is scheduled. 56. The applicant shall install 2 permanent bench marks to Riverside County Standards, one on the centerline at the intersection of 3rd Street and Pasadena Street and one on the centerline at the intersection of the project's main entry onto Chaney Street and Chaney Street. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 9 OF 14 57. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit if applicable. 58. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or away from an access point shall be the responsibility of the property owner or his agent. 59. Provide fire protection facilities as required in writing by Riverside County Fire. 60. Provide street lighting and show lighting improvements as part of street improvement plans. Street lights shall be constructed in accordance with the City Standard street light spacing. 61. In accordance with Project phasing plan, submit a traffic control plan showing all permanent traffic control devices for both on site and offsite improvements which shall be approved prior to building permit issu:mce to occupancy of corresponding Project phase. All traffic control devices and signing and striping shall be installed prior to issuance of the Certificate of Occupancy for corresponding phase. (Condition modified by Planning Commission on 11/6/07). 62. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 63. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 64. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 65. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 10 OF 14 66. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 67. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 68. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 69. Applicant to provide to the City a photographic baseline 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. 70. Project drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 71. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 72. On-site drainage facilities conveying off site drainage shall be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 73. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of Building Permit. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 74. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 75. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be consistent with the NPDES program permit and approved by the City Engineer. City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 11 OF 14 76. A drainage acceptance letter shall be required from the downstream property owners for out-letting the proposed stormwater run-off on private property. 77. The Applicant shall be responsible for all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 78. Provide Tract Phasing Plan for the City Engineer's approval. 79. Submit Faithful Performance and Labor and Materials Bonds for all public improvements for each Phase as approved by the City Engineer. 80. Applicant will be required to install erosion control measures using the best available technology to mitigate any urban pollutants from entering the watershed. 81. Applicant shall provide the City with proof of his having filed a Notice of Intent (NO I) with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 82. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan (SWPPP) including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a Water Quality Management Plan (WQMP) for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 83. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "An in the Riverside County NPDES Drainage Area Management Plan. 84. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 85. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. City Council Approval November 27, 2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 12 OF 14 86. In accordance with the Project phasing plan, dedicate and improve full half width street right-of-way and street section on Chaney Street for the full project frontage. Right-of-way dedication and street improvements shall be consistent with the General Plan Circulation Element. (Condition modified by Planning Commission on 11/6/07) 87. Applicant shall dedicate and improve a cul-de-sac consistent with City Of lake Esinore Standards for the termination of Birch Street. 88. Applicant shall dedicate right-of-way and improve the intersection of Pasadena Street and 3rd Street such that the corner of this intersection is completed. These improvements as well as the configuration of the access from this corner onto the property shall be approved by the City Engineer. 89. Developer to provide access to property owners and utility agencies to property to the west of the tract including during construction. 90. Applicant shall submit a conditional letter of map revision (ClOMR) to FEMA prior to issuance of building permits. A letter of map revision (lOMR) must be approved from FEMA prior to the first certificate of occupancy if the project is in the 1 DO-year flood plane. 91. The Ch:mey Stroet improvements ::md The off site striping including "No Parking" signs on 3rd Street and Minthorn Street shall be completed prior to issuance of the first building occupancy permit. (Condition modified by Planning Commission on 11/6/07) 92. Construct a storm drain inlet at the corner of 3rd Street and Pasadena Street to convey the street drainage into the 3rd Street Channel prior to issuance of the first occupancy permit. (Condition modified by Planning Commission on 11/6/07) 93. Applicant shall cause to be recorded a CC&R's with recordation of irrevocable reciprocal parking, circulation and loading :md I::mdscape maintenance easement in bvor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's sh:lll enforce standards of building maintenance, participation in bndscape m:lintenance, prohibition of outside vehicle or m:lterbl storage. as approved by the City Attorney and City Engineer. (Condition modified by the Planning Commission on 11/6/07) 94. Developer shall provide an approved open space conservation easement for City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 13 OF 14 the tracts open space 'Nith a fuel modification zone for a fire break to be maintained by a homeO\..'ner's assooiation. (Condition deleted by Planning Commission on 11/6/07) 94. Applicant shall contribute to or design and construct all mitigation measures identified in the approved environmental document including but not limited to the following traffic improvements as required mitigation measures of the approved environmental document: a. Install Contribute Fair Share to the installation of traffic signal at Collier Avenue and 3rd Street prior to 51 % occupancy. b. Install traffic signal at Collier Avenue and Chaney Street prior to 51 % occupancy. c. Install Contribute Fair Share to the installation of traffic signal at the intersection of west Minthorn Street and Chaney Street prior to 76% occupancy. d. Add a northbound left turn lane on Collier Avenue at the intersection with Chaney Street prior to 76% occupancy. There are TIF credits available for some of these improvements and the project will be eligible for their fair share subject to the City Engineer's approval. (Condition modified by Planning Commission on 11/6/07) 95. Applicant shall be required to pay applicable Traffic Impact Fee (TIF), Transportation Uniform Mitigation Fee (TUMF) and Area Drainage Fee at the rate in effect when the fee payment is made. The (T1F) Fee payment required shall be less the $175,000 credit for the signal at Collier and Chaney Street. (Condition modified by Planning Commission on 11/16/07) 96. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. ADM/NISTRA TIVE SERVICES DEPARMENT 97. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant shall City Council Approval November 27,2007 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2007-14 CONDITIONAL USE PERMIT NO. 2007-21 & INDUSTRIAL DESIGN REVIEW NO. 2006-03 PAGE 14 OF 14 annex into the Parks, Open Space and Storm Drain Maintenance Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. 98. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District NO.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall make a four thousand seven hundred dollar ($4,700) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris- assoc.com. RIVERSIDE COUNTY FIRE DEPARTMENT 99. The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. RIVERSIDE COUNTY SHERIFFS DEPARTMENT 100. The Applicant shall comply with the attached Riverside County Sheriff Department standards. City Council Approval November 27,2007