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HomeMy WebLinkAboutCC Reso No 2007-207RESOLUTION NO. 2007- 207 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2007-08 WHEREAS, Toyota Motor Sales, USA, Inc., has initiated proceedings to request the approval of Commercial Design Review No. 2007-08 for the design, construction and establishment of the new "Lake Elsinore Toyota" automobile dealership ("the Commercial Design Review"), which wili be located at the southwest corner of Avenue 12 and Auto Center Drive (the "Site"); and WHEREAS, the City Council, of the City of Lake Elsinore, California, has been delegated with the responsibility of reviewing and making decisions regarding Design Review requests for commercial projects; and WHEREAS, public notice of the Commercial Design Review has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on December 4, 2007 NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, does hereby resolve as foilows: Section 1. The City Council has considered the proposed design and building elevations for the Lake Elsinore Toyota project and has found them acceptable. The City Council finds and determines that the Commerciai Design Review request is consistent with the Lake Elsinore Municipal Code. Section 2. The City Council hereby finds and determines that the Subsequent Mitigated Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Pianning Commission has reviewed and considered the information contained in the Subsequent Mitigated Negative Declaration and finds that the Subsequent Mitigated Negative Declaration represents the independent judgment of the City. Section 3. That in accordance with Lake Eisinore Municipal Code Chapter 17.82, the City Council makes the following findings for the approval of Commercial Design Review No. 2007-08: 1. The project, as approved, wiil comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located at the southwest corner of Auto Center Drive and Avenue 12 complies with the goals and objecfives of the General Plan in that the approval of this automobile dealership will assisf in achieving the development of a well-balanced and functional mix of residential, commercial, 1 indusfrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at fhe southwest corner of Auto Center Drive and Avenue 12 is appropriate to the site and surrounding developments in that the automobile dealership project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and exisfing projects in that the architectural design, color and materials and site design proposed evidence a concern for qualify and originality, consistent with existing automobile dealerships in the immediate area. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to resuit in any significant adverse environmental impacts. The proposed Commercial Design Review located at the southwest corner of Auto Center Drive and Avenue 12 as reviewed and condifioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on fhe environment pursuant to attached Conditions of Approval. 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 subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Secfion 17.82.070 of the Lake Elsinore Municipal Code, the proposed Commercial Design Review located at the southwest corner of Auto Center Drive and Avenue 12 has been scheduled for review and considerafion by the Planning Commission. Section 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Commercial Design Review, the City Council hereby approves Commercial Design Review No. 2007-08. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 11~h day of December, 2007 2 A ST: J VIAN M. MUNSON CITY CLERK APPROVED AS TO CITY ATTORYVEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2007-207 was adopted by the Cit~ Council of the City of Lake Elsinore, California, at a regular meeting held on the 11~ day of December 2007, and that the same was adopted by the following vote: AYES: Mayor Magee, Mayor Pro Tem Hickman, Councilmember Buckley, Councilmember Kelley, Councilmember Schiffner NOES: None ABSENT: None ABSTAIN: None . ~ a,»-.-.' VIVIAN M. MUNSON CITY CLERK 3 CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2007-08 VARIANCE NO. 2007-01 AND UNIFORM SIGN PROGRAM NO. 2007-02 LAKE ELSINORE TOYOTA GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants 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 implementation and construction of the proposed project. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PLANNING DIVISION 2. Approval of the identified project applications will lapse and be void unless building permits are issued within one (1) year, of the City Council approved date. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. 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 Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans, as modified by Conditions of Approval, the Planning Commission or the City Council. 5. All structures shall be developed on-site as depicted on the approved site plan and/or as modified by the Director of Community Development or designee. 6. The applicant shall comply with the City's Noise Ordinance. Except that all construction activity shall be limited to the hours of 7:00 A.M. to 5:00 P.M., Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The use of an outdoor public address system shall not be allowed. 8. The applicant shall not allow test driving of vehicles by customers and/or employees through residential areas. All test driving traffic shall be limited to Auto Center Drive, major arterial streets, or the 1-15 freeway. 9. Prior to the issuance of a building permit (i.e. light standards), the applicant shall provide a photometric study. Said study shall be reviewed and approved to the satisfaction of the Director of Community Development. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow Planning Commission Approval December 04, 2007 City Council Approval December 11, 2007 CONDITIONS OF APPROVAL PAGE 2 OF 9 LAKE ELSINORE TOYOTA illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 10. The light standards located along Avenue 12 shall be set on a separate timer and shall be programmed to the approval of the Director of Community Development (Revised per City Council December 11, 2007). 11. The applicant shall prepare a final wall and fence plan subject to the review and approval of the Director of Community Development or designee. 12. Trash enclosures shall be constructed per City standards as approved by the Director of Community Development or designee, prior to issuance of building permit. 13. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 14.Allloading zones shall be clearly marked with yellow striping and shall meet City standards for loading zones. 15. Painted arrows on the asphalt shall be located at all internal drive aisles. 16. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Director of Community Development, prior to issuance of building permit. 17. The Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 18. All exterior downspouts shall be painted to match the building color. 19. Materials and colors depicted on the materials board shall be used unless modified by the Director of Community Development or designee. 20. Prior to issuance of a Grading Permit the applicant shall pay the appropriate MSHCP Fee. 21. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 22. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Planning Commission Approval December 04, 2007 City Council Approval December 11, 2007 CONDITIONS OF APPROVAL PAGE 3 OF 9 LAKE ELSINORE TOYOTA 23. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 24. The final landscaping/irrigation plan is to be 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 Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). 25. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. 26.Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size. 27.AII planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. 28. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). 29.Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 30. 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. 31. Maintenance of the landscape areas shall be as per the Reimbursement Agreement Agreement Containing Covenants Affecting Real Property approved by the City Council. (Revised per Planning Commission December 4, 2007) 32.AII landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. 33. The applicant shall provide vine pockets and shall plant wall climbing vines to grow along the "residential" side of the masonry wall along Avenue 12 (Revised per City Council December 11, 2007). 34. Final landscape plan must be consistent with approved site plan. 35. Final landscape plans to include planting and irrigation details. Planning Commission Approval December 04, 2007 City Council Approval December 11, 2007 CONDITIONS OF APPROVAL PAGE 4 OF 9 LAKE ELSINORE TOYOTA 36. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring Program for Mitigated Negative Declaration No. MND 2005-06. 37. The applicant shall comply with Chapter 17.98 of the Lake Elsinore Municipal Code (LEMC) regarding all temporary use activities. VARIANCE NO. 2007-01 38.Variance No. 2007-01 shall lapse and become void one (1) year following the date on which the Variance became effective, unless prior to the expiration of one (1) year, a building permit related to the Variance is issued and construction commenced and diligently pursued toward completion. 39. The decision of the Commission shall be final fifteen (15) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80. 40. An application for modification or other change in the conditions of approval of Variance No. 2007-01 shall be reviewed according to the provisions of this Chapter in a similar manner as a new application. 41. Variance No. 2007-01 granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Variance application. 42. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (Le., 7:00 A.M. - 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. 43. The proposed retaining wall shall be constructed of keystone block and shall be constructed at an angle of the existing slope, to avoid a straight vertical (90 degree) cut and wall. Materials and colors depicted on the plans shall be used and shall be of an "earthtone" or tan color unless modified by the Community Development Director or designee. (Revised per Planning Commission December 4, 2007) UNIFORM SIGN PROGRAM NO. 2007-02 44. The applicant shall apply for a sign permit and pay appropriate fee for any sign installed at the project site. Planning Commission Approval December 04, 2007 City Council Approval December 11, 2007 CONDITIONS OF APPROVAL PAGE 5 OF 9 LAKE ELSINORE TOYOTA 45. The location, size, style, and color for all signs shall comply with the Sign Program (Approved herein). Any additions or revisions to the Sign Program shall require Planning Division review and approval. 46. The Design Review approval for Sign Program No 2007-02 for the project known as Lake Elsinore Toyota shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 47.AII exterior sign lighting shall be reviewed and approved by the Community Development Director. ENGINEERING DIVISION 48. The applicant shall dedicate right-of-way and shall construct full half width improvements on Auto Center Drive. Right-of-way dedication shall be 50-feet as measured from the centerline of Auto Center Drive to the project property line. Full half width street improvements shall be constructed such that the measurement from the centerline of Auto Center Drive to the project-side curb face is 40-feet. Development shall construct median along Auto Center Drive for full frontage width of the project or pay cash-in-lieu of construction for one-half of the median cost for the length of the project frontage. Median design shall maintain existing circulation patterns as approved by the City Engineer. 49. Provide a striping and signing plan for striping from Mill Street to the bridge with special attention to the design and adequate tapers of traffic lanes to and from the bridge to the new four lane facility on Auto Center Drive. This plan shall be approved by the Traffic Engineer prior to issuance of the building permit. 50. Provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. 51. The slope on the north side of the project shall be improved with long-term erosion control planting. 52. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the discharge to a non-erosive velocity and that the down stream property owner is protected from erosion. The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constructed to accommodate pressure flow. 53. Sight distance for ingress I egress at all driveways shall be unobstructed per CAL TRANS Standards. Planning Commission Approval December 04, 2007 City Council Approval December 11, 2007 CONDITIONS OF APPROVAL PAGE 6 OF 9 LAKE ELSINORE TOYOTA 54. Parking shall not be allowed on Auto Center Drive within 120 feet north and 20 feet south of driveways. 55. Underground water rights shall be dedicated to the City pursuant to the provisions of Lake Elsinore Municipal Code Section 16.52.030 and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 56. All street improvements including signage and striping shall be installed and functioning prior to certificate of occupancy. 57. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), Transportation Uniform Mitigation Fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. Fee amount to be paid shall be consistent with the current amount as stipulated in each fee ordinance. 58. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of a building permit (LEMC 16.34). 59. Street improvement plans and specifications shall be prepared bya California Registered Civil Engineer. Improvements shall be designed and constructed to Lake Elsinore City Standards or Riverside County Road Department Standards, latest edition as approved by the City Engineer. 60. Applicant shall post the appropriate bonds for grading prior to issuance of a grading permit and for street improvements prior issuance of a building permit. 61. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 62. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 63.Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of a building permit. 64. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 65. Provide street lighting and show lighting improvements along Auto Center Drive as part of street improvement plans as required by the City Engineer. Planning Commission Approval December 04, 2007 City Council Approval December 11, 2007 CONDITIONS OF APPROVAL PAGE 7 OF 9 LAKE ELSINORE TOYOTA 66. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 67.Applicant shall submit a traffic control plan showing all permanent traffic control devices for the project to be approved prior to issuance of certificate of occupancy. All permanent traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking Signs, traffic striping and traffic signs for travel ways within the development. 68. Construction traffic control plans shall be submitted to and approved by the City's Traffic Engineer prior to issuance of encroachment permit. 69.AII improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 70.AII utilities (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the serving utility. 71.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California 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. 72. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing street design compliance with recommendations. 73.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 74.AII grading shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to 1 shall be approved by the City Engineer and certified for stability and proper erosion control requirements by a licensed Geologist or licensed Geotechnical Engineer. All manufactured slopes greater than 30 ft. in height shall be contoured and have a six (6) foot wide bench with a three (3) foot wide terrace drain constructed for every thirty (30) vertical foot of slope. 75. 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 import and/or export material. Such routes shall be subject to the review and approval of the City Engineer. Planning Commission Approval December 04, 2007 City Council Approval December 11, 2007 CONDITIONS OF APPROVAL PAGE 8 OF 9 LAKE ELSINORE TOYOTA 76. 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. 77. Project drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance, if storm flows are different than historic flows, or conveyed to a drainage easement. 78. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on a separate sheet in the grading plans. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions" . 79.AII natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 80. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 81. Meet all requirements of LEMC 15.68 regarding flood plain management. 82. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District as a submittal requirement of the rough grade plan check. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 83.AII drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 84. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 85. 1 O-year storm runoff should be contained within the curb and the 1 DO-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 86. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 87.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. Planning Commission Approval City Council Approval December 04, 2007 December 11, 2007 CONDITIONS OF APPROVAL PAGE 9 OF 9 LAKE ELSINORE TOYOTA 88. Education guidelines and Best Management Practices (BMP) shall be provided to the manager of the business 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 meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 89. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. These provisions include the development and compliance with a Water Quality Management Plan (WQMP). 90. Driveway 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. 91.AII waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. COMMUNITY SERVICES DEPARTMENT 92. The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. 93. Developer shall participate in the City-wide Landscape and Lighting Maintenance District. 94. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 95. The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. ELSINORE VALLEY MUNICIPAL WATER DISTRICT 96. The applicant shall request a "will serve" letter from the Elsinore Valley Municipal Water District. Submit the "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of a building permit. Planning Commission Approval December 04, 2007 City Council Approval December 11, 2007 CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2007-08 VARIANCE NO. 2007-01 AND UNIFORM SIGN PROGRAM NO. 2007-02 LAKE ELSINORE TOYOTA GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants 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, appeai boards, or legislative body concerning implementation and construction of the proposed project. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fuily with the defense. PLANNING DIVISION 2. Approval of the identified project applications will lapse and be void unless building permits are issued within one (1) year, of the City Council approved date. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approvai shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. Ail 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 Director of Community Development. All plans submitted for Building Division Plan Check shall conform to the submitted plans, as modified by Conditions of Approval, the Planning Commission or the City Council. 5. All structures shall be developed on-site as depicted on the approved site plan and/or as modified by the Director of Community Development or designee. 6. The applicant shall comply with the City's Noise Ordinance. Except that all construction activity shall be limited to the hours of 7:00 A.M. to 5:00 P.M., Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The use of an outdoor public address system shall not be allowed. 8. The applicant shall not allow test driving of vehicles by customers and/or employees through residential areas. All test driving traffic shall be limited to Auto Center Drive, major arteriai streets, or the I-15 freeway. 9. Prior to the issuance of a building permit (i.e. light standards), the applicant shall provide a photometric study. Said study shall be reviewed and approved to the satisfaction of the Director of Community Development. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow Planning Commission Approval Ciry Council Approval December 04, 2007 December 1.1, 2007 CONDITIONS OF APPROVAL PAGE 2 OF 10 LAKE ELSINORE TOYOTA illumination above the horizontal plane of the fixture. All light fixtures shail match the architectural style of the building. 10. The light standards located along Avenue 12 shall be set on a separate timer and shall be programmed to the approval of the Director of Community Development (Revised per City Council December 11, 2007). 11.The applicant shall prepare a final wall and fence plan subject to the review and approval of the Director of Community Development or designee. 12. Trash enclosures shall be constructed per City standards as approved by the Director of Community Development or designee, prior to issuance of building permit. 13.The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a$1,000.00 cash bond for each. 14.A11 loading zones shail be clearly marked with yellow striping and shall meet City standards for loading zones. 15. Painted arrows on the asphalt shall be located at all internal drive aisles. 16.A1i roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Director of Community Development, prior to issuance of building permit. 17.The Applicant shall comply with the requirements of the Elsinore Vailey Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 18.A11 exterior downspouts shall be painted to match the building color. 19. Materials and colors depicted on the materials board shall be used unless modified by the Director of Community Development or designee. 20. The appiicant shall provide additionai landscaping and non structural wall enhancements on the "north" elevation of the building subject to the review and approval of the Director of Community Development or designee (Revised per City Council on December 11, 2007). 21. Prior to issuance of a Grading Permit the appiicant shall pay the appropriate MSHCP Fee. 22. Prior to issuance of building permits, applicant shall provide assurance that ali required fees to the Lake Elsinore Unified School District have been paid. 7'laiuvng Cominission Appmval City Council. Approval December 04, 2007 Decetnbcr 7.1, 2007 CONDITIONS OF APPROVAL PAGE 3 OF 10 LAKE ELSINORE TOYOTA 23. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 24.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 25.The final landscaping/irrigation plan is to be 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 Fee will be charged prior to final landscape approval based on the ConsultanYs fee plus forty percent (40%). 26.A11 planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. 27.Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size. 28.A11 planting areas shail be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. 29.Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). 30.Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 31.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. 32.Maintenance of the landscape areas shall be as per the F~~;~„~~m~~± ~,~,__,,,~„~ Agreement Containing Covenants Affecfing Real Property approved by the City Council. (Revised per Planning Gommission December 4, 2007) 33.A11 landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All pianting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. 34.The applicant shall provide vine pockets and shall plant wall climbing vines to grow along the "residential" side of the masonry wall along Avenue 12 (Revised per City Council December 11, 2007). Pl:uuvng Coinmission Appxov.~1 C,ity Q~uncil Approval. December 04, 2007 December 11, 2007 CONDITIONS OF APPROVAL PAGE 4 OF 10 LAKE ELSINORE TOYOTA 35. Finai landscape plan must be consistent with approved site plan. 36. Final landscape plans to include planting and irrigation details. 37.The applicant shail comply with all mitigation measures identified in the Mitigation Monitoring Program for Mitigated Negative Declaration No. MND 2005-06. 38.The applicant shali comply with Chapter 17.98 of the Lake Elsinore Municipal Code (LEMC) regarding all temporary use activities. VARIANCE NO. 2007-01 39. Variance No. 2007-01 shall lapse and become void one (1) year following the date on which the Variance became effective, unless prior to the expiration of one (1) year, a building permit related to the Variance is issued and construction commenced and diligently pursued toward completion. 40. The decision of the Commission shall be final fifteen (15) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80. 41.An application for modification or other change in the conditions of approval of Variance No. 2007-01 shall be reviewed according to the provisions of this Chapter in a similar manner as a new application. 42.Variance No. 2007-01 granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Variance application. 43.The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. - 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. 44.The proposed retaining wall shall be constructed of keystone block and shall be constructed at an angle , to avoid a straight vertical (90 degree) cut and wall. Materials and colors depicted on the plans shall be used and shall be of an "earthtone" or tan color unless modified by the Community Development Director or designee. (Revised per Planning Commission December 4, 2007) Planning Cs~mmission Appmcal Ciry Cc~uncil Approval December 04, 2007 Deceinber ].1, '?007 CONDITIONS OF APPROVAL PAGE 5 OF 10 LAKE ELSINORE TOYOTA UNIFORM SIGN PROGRAM NO. 2007-02 45.The applicant shall apply for a sign permit and pay appropriate fee for any sign installed at the project site. 46.The location, size, style, and color for ail signs shall comply with the Sign Program (Approved herein). Any additions or revisions to the Sign Program shall require Planning Division review and approval. 47.The Design Review approval for Sign Program No 2007-02 for the project known as Lake Elsinore Toyota shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a buiiding permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 48.A11 exterior sign lighting shall be reviewed and approved by the Community Development Director. ENGINEERING DIVISION 49.The applicant shall dedicate right-of-way and shall construct fuli half width improvements on Auto Center Drive. Right-of-way dedication shall be 50-feet as measured from the centerline of Auto Center Drive to the project property line. Full half width street improvements shall be constructed such that the measurement from the centerline of Auto Center Drive to the project-side curb face is 40-feet. Development shall construct median along Auto Center Drive for full frontage width of the project or pay cash-in-lieu of construction for one-half of the median cost for the length of the project frontage. Median design shall maintain existing circulation patterns as approved by the City Engineer. 50. Provide a striping and signing plan for striping from Mill Street to the bridge with special attention to the design and adequate tapers of traffic lanes to and from the bridge to the new four lane facility on Auto Center Drive. This plan shall be approved by the Traffic Engineer prior to issuance of the building permit. 51. Provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. 52. The slope on the north side of the project shall be improved with long-term erosion control planting. 53.The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the discharge to a non-erosive velocity and that the down stream property owner is protected from erosion. The existing outlet restriction shall be removed Pl:u~ning Commission Appmcal City Council Approo'al Dcceinber 04, 2007 Deceinber 71, 2007 CONDITIONS OF APPROVAL PAGE 6 OF 10 LAKE ELSINORE TOYOTA unless the applicant can demonstrate that the pipe was designed and constructed to accommodate pressure flow. 54. Sight distance for ingress / egress at all driveways shall be unobstructed per CALTRANS Standards. 55. Parking shall not be allowed on Auto Center Drive within 120 feet north and 20 feet south of driveways. 56. Underground water rights shail be dedicated to the City pursuant to the provisions of Lake Elsinore Municipal Code Section 16.52.030 and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 57.A11 street improvements including signage and striping shall be installed and functioning prior to certificate of occupancy. 58. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), Transportation Uniform Mitigation Fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. Fee amount to be paid shall be consistent with the current amount as stipulated in each fee ordinance. 59. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of a buiiding permit (LEMC 16.34). 60. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Lake Elsinore City Standards or Riverside County Road Department Standards, latest edition as approved by the City Engineer. 61.Applicant shall post the appropriate bonds for grading prior to issuance of a grading permit and for street improvements prior issuance of a building permit. 62.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/~' x 11" Mylar) shali be submitted to the Engineering Division before final inspection of public works improvements wili be scheduled and approved. 63.The applicant shall install permanent survey monuments in compliance with the City's municipal code. 64.Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of a building permit. Pl.~ning Co~ninission Appmval Ciry-Council Approval December 04, 2007 December 11, 2007 CONDITIONS OF APPROVAL PAGE 7 OF 10 LAKE ELSINORE TOYOTA 65.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 66. Provide street lighting and show lighting improvements along Auto Center Drive as part of street improvement plans as required by the City Engineer. 67.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 68.Applicant shall submit a traffic controi plan showing all permanent traffic control devices for the project to be approved prior to issuance of certificate of occupancy. All permanent traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking Signs, traffic striping and traffic signs for travel ways within the development. 69. Construction traffic control plans shall be submitted to and approved by the City's Traffic Engineer prior to issuance of encroachment permit. 70.A11 improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 71.A11 utilities (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the serving utility. 72.Appiy and obtain a grading permit with appropriate security prior to building permit issuance. A grading pian signed and stamped by a California 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. 73. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing street design compliance with recommendations. 74.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 75.A11 grading shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to 1 shall be approved by the City Engineer and certified for stability and proper erosion control requirements by a licensed Geologist or licensed Geotechnical Engineer. All manufactured siopes greater than 30 ft. in height shall be contoured and have a six (6) foot wide bench with a three (3) foot wide terrace drain constructed for every thirty (30) vertical foot of slope. Planning Cominission Approc.~l City C<~uncil Approval Drcember 04, 2007 Decembcr 11, ?007 CONDITIONS OF APPROVAL PAGE 8 OF 10 LAKE ELSINORE TOYOTA 76. 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 import and/or export material. Such routes shall be subject to the review and approval of the City Engineer. 77. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul ~oads. 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. 78. Project drainage shall be conveyed to a pubiic facility or accepted by adjacent property owners by a letter of drainage acceptance, if storm flows are different than historic flows, or conveyed to a drainage easement. 79.On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on a separate sheet in the grading plans. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 80.A11 natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 81. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 82. Meet all requirements of LEMC 15.68 regarding flood plain management. 83.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District as a submittal requirement of the rough grade plan check. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 84.A11 drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 85.Storm drain iniet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 86.10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 87.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. PL~uining Couunission Approc:il City C:ouncil Approv;il December 04, 2007 December 1], 2007 CONDITIONS OF APPROVAL PAGE 9 OF 10 LAKE ELSINORE TOYOTA 88.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 89. Education guidelines and Best Management Practices (BMP) shali be provided to the manager of the business 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 meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 90.Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. These provisions include the development and compliance with a Water Quality Management Plan (WQMP). 91. Driveway intersection site distance shail meet the design criteria of the CALTRANS 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. 92.A11 waste material, debris, vegetation and other rubbish generated during cieaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. COMMUNITY SERVICES DEPARTMENT 93.The Developer shall pay park fees in the amount of $0.10 per square foot for all interior commercial space. 94. Developer shall participate in the City-wide Landscape and Lighting Maintenance District. 95. Developer shall comply with ali City Ordinances regarding construction debris removal and recyciing as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 96.The applicant shall comply with ail Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. Plwning Caiunission Approval City Council Approval December 04, 2007 December 11, '007 CONDITIONS OF APPROVAL PAGE 10 OF 10 LAKE E~SINORE TOYOTA ELSINORE VALLEY MUNICIPAL WATER DISTRICT 97. The applicant shall request a"will serve" letter from the Elsinore Valley Municipal Water District. Submit the "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of a buiiding permit. Pl:uining Conunission Appmv.il City-Council Approcal December 61, 2007 Deceinber 11, 2007