HomeMy WebLinkAboutItem No. 15 - Request to Modify Condition of Approval No. 73 Related to the Relocation and Und15)Request to Modify Condition of Approval No. 73 Related to the Relocation and
Undergrounding of Power Poles Out of the Roadway for the Riverside & Lincoln
Commercial Project (PA 2020-92)
Deny the applicant’s request to modify Condition of Approval No. 73 and keep the
previously approved condition as stated below:
73. All arrangements for the relocation of utility company facilities (power poles, vaults, etc.)
out of the roadway shall be the responsibility of the applicant, property owner, and/or their
agent. Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64).
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REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Jason Simpson, City Manager
Prepared by:Remon Habib, City Engineer
Damaris Abraham, Community Development Director
Date:September 24, 2024
Subject:Request to Modify Condition of Approval No. 73 Related to the Relocation
and Undergrounding of Power Poles Out of the Roadway for the Riverside
& Lincoln Commercial Project (PA 2020-92)
Recommendation
Deny the applicant’s request to modify Condition of Approval No. 73 and keep the previously
approved condition as stated below:
73. All arrangements for the relocation of utility company facilities (power poles, vaults, etc.) out
of the roadway shall be the responsibility of the applicant, property owner, and/or their agent.
Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64).
Background
On April 13, 2021, the City Council adopted Mitigated Negative Declaration (MND) (ER 2020-05)
(SCH No. 2021010316) and approved General Plan Amendment (GPA) No. 2020-02, Zone
Change (ZC) No. 2020-01, Tentative Parcel Map (TPM) No. 37958, Conditional Use Permit (CUP)
No. 2020-09, and Commercial Design Review (CDR) No. 2020-08.
Tentative Parcel Map No. 37958 included a subdivision of the 6.36‐acre parcel into four parcels
ranging in size from 0.93 acres to 2.88 acres.
CUP No. 2020-09, and CDR No. 2020-08 included a proposal to develop a commercial project
consisting of a 4,291 sq. ft. convenience store, 16 gasoline‐dispensing stations with a 4,291 sq.
ft. canopy, beer and wine sales (Type 20), self‐storage facility (three (3) buildings that are 38,016
sq. ft. in total), 3,979 sq. ft. self-serve carwash, and 4,456 sq. ft. drive‐thru restaurant 221 parking
stalls, landscaping, and related site improvements.
Riverside & Lincoln (COA No. 73)
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The subject property is currently vacant and is located at the southwest corner of Lincoln Street
and Riverside Drive. The project encompasses Assessor Parcel Numbers (APNs) 379-111-017,
018, 019, and 020 (Previous APN: 379-111-014).
On March 3, 2022, Parcel Map No. 37958 was finalized and recorded. In accordance with the
requirements of the Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC), the
applicant entered into a Subdivision Improvement Agreement as a condition to Parcel Map
recordation. The Subdivision improvement Agreement obligates the applicant to install and
complete, at applicant’s own expense, all the public improvement work required by the conditions
of approval to the Parcel Map and to provide improvement security to secure performance of
these obligations. The amount of the security is based upon the applicant’s engineer’s estimate.
On April 13, 2023, the CUP and CDR applications expired. On January 17, 2024, the applicant
submitted a new CUP (CUP No. 2023-16) and CDR (CDR No. 2023-06) applications with the
same configuration and layout as the original applications.
On April 16, 2024, the Planning Commission reviewed and approved the new CUP and CDR
applications. On May 14, 2024, the City Council received and filed the Planning Commission’s
action to approve the applications.
On August 26, 2024, the applicant submitted a letter (Attachment 1) requesting modifications to
Condition of Approval No. 73.
Discussion
Condition of Approval (COA) No. 73 requires the relocation and undergrounding of overhead utility
lines. COA No. 73 currently states:
All arrangements for the relocation of utility company facilities (power poles, vaults, etc.) out
of the roadway shall be the responsibility of the applicant, property owner, and/or their agent.
Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64).
The applicant is requesting that COA No. 73 be modified as follows:
1. The electrical poles will be relocated however they remain above ground, rather than being
undergrounded.
2. The city will provide a $100,000 credit towards all permit fees associated with this project.
Staff has reviewed the applicant’s request to modify COA No. 73. Staff does not support the
proposed modifications based on the review of the conditions of approval and the Lake Elsinore
Municipal Code (LEMC). While the LEMC does provide for certain exclusions and exemptions,
the applicant’s request does not meet those eligibility requirements outlined in Sections 16.64.035
and 16.64.036. LEMC Chapter 16.64 is included in this staff report as Attachment 3 for reference.
Additionally, this condition is a normal, typical part of development that is applied to all
development projects.
Riverside & Lincoln (COA No. 73)
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In fact, COA No. 73 to the 2024 entitlements was included verbatim as Condition of Approval No.
90 to the 2021 entitlements, including the Parcel Map. The removal of four power poles and the
undergrounding of electrical was included in the Cost Estimate prepared by the applicant’s
engineer and attached to the Subdivision Improvement Agreement. Performance of this condition
is secured by the Deed of Trust recorded against the property as improvement security.
Fiscal Impact
There is no direct additional fiscal impact associated with this item.
Attachments
Attachment 1 – Applicant Letter Requesting to Modify COA No. 73
Attachment 2 – Final Conditions of Approval
Attachment 3 – LEMC Chapter 16.64
Attachment 4 – Aerial Map
Attachment 5 – Subdivision Improvement Agreement
Engineering/Community Development
Golcheh Group | 1180 S Beverly Drive. Suite #300 Los Angeles, CA | (310) 923-2594
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Golcheh Group, LLC
1180 S Beverly Drive
Los Angeles, CA 90035
August 26, 2024
Subject: Request for Removal of Condition #73
15209 Lincoln St., Lake Elsinore, CA,
Lincoln @ Riverside
Hello Dearest Council Members
We hope this message finds you well.
First, I would like to commend the City of Lake Elsinore for its vibrant community and unwavering
commitment to growth and development. The city’s dedication to preserving its beautiful parks,
lake, fostering a dynamic cultural scene, and supporting thriving local businesses makes it a
wonderful place to live and work. Your efforts to honor Lake Elsinore's rich history while fostering
innovation and inclusivity are truly commendable. It is with great respect and admiration for our
city that I write to you today.
Secondly, we are pleased to inform you that this project is fully entitled, and we are currently
finalizing the construction drawings. We anticipate submitting the second round of drawings next
week, between August 27th and 30th.
Our Request
We are planning to invest over $2.5 million in off-site improvements, including widening streets,
constructing new sidewalks, and modifying traffic signals. Additionally, we will be spending
millions more to significantly enhance the building's aesthetics, boost energy efficiency, and
create jobs and tax revenue for the city.
Our lender will only provide the necessary funds for this project only if the City agrees to modify
Condition #73 as follows:
1. The electrical poles will Be relocated however they remain above ground, rather than
being undergrounded.
2. The city will provide a $100,000 credit towards all permit fees associated with this project.
Golcheh Group | 1180 S Beverly Drive. Suite #300 Los Angeles, CA | (310) 923-2594
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First and foremost, please keep in mind that Condition 73 pertains solely to the improvements
we are making for the City of Lake Elsinore, not for our property. Secondly, over the past five
years, we accepted 100% of every condition the city has placed on us, without ever asking for
any favors. We would not be bringing this request to the City Council if it weren't absolutely
necessary. This is the only modification we have ever asked for, and we kindly request your
approval
Background
Over the past five years, we have invested over $3.5 million in this transformative project for our
city. This commitment stems from a shared belief in the potential this development holds to uplift
our community, a sentiment echoed by the unanimous support and collaboration we've received
from both residents and the City of Lake Elsinore.
From the outset, we meticulously assessed the project’s viability, engaging with various
stakeholders, including grocers, retailers, and restaurant chains. Despite extensive efforts,
securing a major grocery store proved challenging, leading us to focus on developing a mixed-use
site anchored by 7-Eleven and McDonald's. Negotiating with property owners and these
esteemed brands took over two years, during which we overcame numerous obstacles to
revitalize a long-abandoned site.
We have already committed an additional $4 million to enhance the surrounding infrastructure
for the benefit of the community, and develop the project. This property has always remained
vacant, with previous owners and developers unable to unlock its potential. Our unwavering
dedication distinguishes us from the rest, as we remain resolute in delivering a project of
unparalleled quality.
Reasons for Our Request
We believe in paying our "fair share" and have always prioritized fairness and integrity in our
dealings. In over 40 years of real estate development, we have never been involved in legal
disputes which had to be litigated in court of law. This speaks volumes about our commitment to
this principle. However, we are facing several challenges:
1. No Tenant Income
This property has generated no income, and the prolonged development process has strained
our financial resources.
2. Increased Carry Costs
Rising interest rates have significantly increased our borrowing costs.
3. Impact of COVID-19
Golcheh Group | 1180 S Beverly Drive. Suite #300 Los Angeles, CA | (310) 923-2594
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The pandemic has severely affected our operations, with no government assistance received.
For example, our office manager Stephanie McGuan got so sick and as of today has never
recovered.
4. Architectural Delays
Our architectural firm faced significant delays due to key personnel losses from the COVID
impact.
5. 7-Eleven Acquisition Delays
The $21 billion acquisition of Speedway Oil by 7-Eleven caused management upheavals. Three
times the entire staff of 7 eleven has changed. Each new management team, required
substantial changes in the plans. The constant changes and delays, impacting our project
timeline. 7 Eleven cooperation also has canceled 5 of other deals we had with them which
created enormous financial damage to us. we are also very concerned that they may cancel this
lease anytime; Which will completely derail this project.
6. Rising Construction Costs
Construction expenses have exceeded our budget, depleting our funds.
7. Stagnant Rent Prices
The lease signed five years ago has not adjusted to reflect the increased costs, further straining
our finances.
Given these challenges, the additional burden of relocating electrical poles is beyond our current
financial capacity. If this condition is not removed, it will jeopardize the entire project, leaving
the site undeveloped and the community without the promised improvements.
Here are four (4) main reasons why you should approve a request:
1. Economic Enhancement and Job Creation
Our project will generate significant economic growth and create jobs in the community. We are
investing substantial resources in developing this intersection, which will greatly enhance the
area.
2. Substantial fees + taxes
This project shall produce substantial fees for the city and future tax revenues to come.
3. Intersection Improvements
Golcheh Group | 1180 S Beverly Drive. Suite #300 Los Angeles, CA | (310) 923-2594
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We are committed to covering the full cost of improvements, including curbs, gutters, and
sidewalks—enhancements that could reasonably be funded by the city, yet we are absorbing
these expenses.
4. Minor & fair request
Considering all the above facts, it is a minor and very fair request to makes the project possible.
Conclusion
Considering the significant challenges we have faced over the past five years, we earnestly
request the City Council's understanding and support in modifying Condition #73. Doing so will
allow us to proceed with the project, benefiting the community and fostering economic growth.
Thank you for your time, understanding, and commitment to making our city great.
Sincerely,
Morrie Golcheh Ilan Golcheh
President Manager
mg@progressivere.com ILAN@GOLCHEHGROUP.COM
Golcheh Group 310.923.2594
1180 S Beverly Dr, Suite 300
Los Angeles, CA 90035
Tel: (310) 266-6858
Applicant’s Initials: _____ Page 1 of 18
CONDITIONS OF APPROVAL
PROJECT: PA 2020-92/CUP 2023-16/CDR 2023-06
PROJECT NAME: Riverside/Lincoln Commercial
PROJECT LOCATION: APNs: 379-111-017, 018, 019, and 020
(Previous APN: 379-111-014)
APPROVAL DATE: April 16, 2024
EFFECTIVE DATE: May 14, 2024
EXPIRATION DATE: April 16, 2026
GENERAL
1. Conditional Use Permit (CUP) No. 2023-16 proposes to establish a 16-pump gasoline-
dispensing station (with anticipated throughput of 1.5 million to 1.7 million gallons of fuel per
year) with a 4,291 square foot sq. ft. canopy, beer and wine sales (Type 20), self-storage
facility (three (3) buildings 38,016 sq. ft. in total) and a 4,456 sq. ft. drive thru-restaurant.
Commercial Design Review (CDR) No. 2023-06 proposes building design and construction
of a 4,650 sq. ft. convenience store, 4,291 sq. ft. canopy, 38,016 sq. ft. self-storage facility,
4,456 sq. ft. drive-thru restaurant, 3,979 sq. ft. self-serve carwash, 221 parking stalls, and
landscaping and related site improvements on an approximately 6.36-acre site. The project
site is located at the southwest corner of Lincoln Street and Riverside Drive (APNs: 379-
111-017, 018, 019, and 020 (Previous APN: 379-111-014)).
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 the approval, implementation, and construction of CUP 2023-
16, and CDR 2023-06, which action is bought within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section
21167, including the approval, extension, or modification of CUP 2023-16, and CDR 2023-
06 or any of the proceedings, acts or determinations taken, done, or made prior to the
decision, or to determine the reasonableness, legality or validity of any condition attached
thereto. The Applicant's indemnification is intended to include, but not be limited to,
damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit,
claim or litigation, including without limitation attorneys' fees, penalties and other costs,
liabilities and expenses incurred by Indemnitees in connection with such proceeding. The
City will promptly notify the applicant of any such claim, action, or proceeding against the
City. If the project is challenged in court, the City and the applicant shall enter into formal
defense and indemnity agreement, consistent with this condition.
3. Within 30 days of project approval, the applicant shall sign and complete an
"Acknowledgment of Conditions" and shall return the executed original to the Community
Development Department for inclusion in the case records.
PLANNING DIVISION
4. Conditional Use Permit No. 2023-16 shall lapse and become void two years following the
date on which the conditional use permit became effective, unless one of the following: (1)
prior to the expiration of two years, a building permit related to the conditional use permit is
Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024
Applicant’s Initials: _____ Page 2 of 18
issued and construction commenced and diligently pursued toward completion; or (2) prior
to the expiration of two years, the applicant has applied for and has been granted an
extension of the conditional use permit approval pursuant to subsections (a), (b), and (c) of
Lake Elsinore Municipal Code (LEMC) Section 17.415.070.D.2. Subject to the provisions of
LEMC Section 17.415.070.I, a conditional use permit granted pursuant to the provisions of
this section shall run with the land and shall continue to be valid upon a change of ownership
of the site or structure, which was the subject of the Conditional Use Permit application.
5. Commercial Design Review No. 2023-06 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.
6. An application for modification, expansion or other change in a Conditional Use Permit shall
be reviewed according to the provisions of the Section 17.415.070 of the LEMC, in a similar
manner as a new application.
7. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts,
at the discretion of the Community Development Director, this Conditional Use Permit may
be referred back to the Planning Commission for subsequent review at a Public Hearing. If
necessary, the Commission may modify or add conditions of approval to mitigate such
impacts, or may revoke said Conditional Use Permit.
8. The applicant shall provide all project-related on-site and off-site improvements as required by
these Conditions of Approval.
9. 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. 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. 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. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during
all site preparation and construction activity. Site preparation activity and construction shall
not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through
Friday. Only finish work and similar interior construction may be conducted on Saturdays
and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m.
Construction activity shall not take place on Sunday, or any Legal Holidays.
Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024
Applicant’s Initials: _____ Page 3 of 18
13. No individual signs are approved as part of this approval. The applicant or designee shall
submit an application for a sign permit, pay appropriate fees and receive approval from the
Community Development Department for any sign(s) installed at the project site. OR The
applicant shall submit a sign program for review and approval of the Planning Commission
prior to installation. Sign plans submitted to the City for review shall incorporate City
identification signs.
14. In accordance with Section 17.112.090.O. of the LEMC, establishments engaged in the
concurrent sale of motor vehicle fuel with alcoholic beverages shall abide by the following
requirements:
a. No beer or wine shall be displayed within five feet of the cash register or the front door.
b. No advertisement of alcoholic beverages shall be displayed at motor fuel islands.
c. No sale of alcoholic beverages shall be made from a drive-in window.
d. No display or sale of beer or wine shall be made from an ice tub.
e. No beer or wine advertising shall be located on motor fuel islands and no self-illuminated
advertising for beer or wine shall be located on buildings or windows.
f. Employees on duty between the hours of 10:00 p.m. and 2:00 a.m. shall be at least 21
years of age to sell beer and wine.
15. Graffiti shall be removed within 24 hours.
16. The entire site shall be kept free from trash and debris at all times and in no event shall
trash and debris remain for more than 24 hours.
17. No outside overnight storage of inoperable vehicles shall occur at the site.
18. Since the project is proposed to be completed in phases, unimproved portions of the
property should be maintained and kept in good repair as noted on the phasing plan exhibit.
19. 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 the Community Development Director,
prior to issuance of building permit shall approve screening plan.
20. The property address (in numerals at least six inches high) shall be displayed near the
entrance and be easily visible from the front of the subject property and public right-of-way.
21. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors,
materials and design of the project architecture.
22. 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.
Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024
Applicant’s Initials: _____ Page 4 of 18
Prior to Issuance of Grading Permits/Building Permits
23. The applicant shall pay all applicable City fees, including but not limited to Development
Impact Fees (DIF) and MSHCP Fees per LEMC Section 16.85, at the rate in effect at the
time of payment.
24. 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 the Community Development Director,
prior to issuance of building permit shall approve screening plan.
25. Prior to issuance of Building Permit, the Applicant shall submit a photometric study to the
Community Development Department for review and approval. The plan shall ensure that
all exterior on-site lighting are shielded and directed on-site so as not to create glare onto
neighboring properties and streets or allow illumination above the horizontal plane of the
fixture.
26. Prior to the issuance of a Building Permit, all exterior wall mounted and freestanding light
fixtures shall be submitted for review and approval by the Director of Community
Development, or their designee. Light fixtures shall compliment the architectural style of the
buildings onsite.
27. Prior to the issuance of a Building Permit, the color, finish and pattern of all decorative paving
onsite shall be submitted for review and approval by the Director of Community
Development, or their designee.
28. Prior to issuance of a building permit, Final Landscaping / Irrigation Detail Plans shall be
submitted along with appropriate fees for review and approval by the Community
Development Director or designee.
a. All planting areas shall have permanent and automatic sprinkler system with 50% plant
coverage using a drip irrigation method.
b. Mature specimen trees shall be planted on locations visible from public views.
c. All planting areas shall be separated from paved areas with a six inch (6”) high and six
inch (6”) wide concrete curb. Runoff shall be allowed from paved areas into landscape
areas.
d. Planting within fifteen feet (15’) of ingress/egress points shall be no higher than twenty-
four inches (24”).
e. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant
to the LEMC and Landscape Design Guidelines.
f. No required tree planting bed shall be less than 5 feet wide.
g. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to
include sidewalks.
h. Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
i. The landscape plan shall provide for ground cover, shrubs, and trees and meet all
requirements of the City’s adopted Landscape Guidelines.
j. All landscape improvements shall be bonded 100% for material and labor for two years
from installation sign-off by the City. Release of the landscaping bond shall be requested
Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024
Applicant’s Initials: _____ Page 5 of 18
by the applicant at the end of the required two years with approval/acceptance reviewed
by the Landscape Consultant and approved by the Community Development Director or
Designee.
k. 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.
l. Final landscape plan must be consistent with approved site plan.
m. Final landscape plans to include planting and irrigation details.
n. Final landscape plans shall include drought tolerant planting consistent with Elsinore
Valley Municipal Water District standards subject to plan check and approval by the
City’s landscape plan check consultant.
o. No turf shall be permitted.
p. Final landscape plans shall include plant palate selection that will complement adjacent
properties such as the Launch Pointe.
29. Landscaping installed for the project shall be continuously maintained to the reasonable
satisfaction of the Community Development Director. If it is determined that the landscaping
is not being maintained, the Director of Community Development shall have the authority to
require the property owner to bring the landscaping into conformance with the approved
landscape plan. The continued maintenance of all landscaped areas shall be the
responsibility of the developer or any successors in interest.
30. The proposed location of on-site construction trailers shall be approved by the Community
Development Director or designee. A cash bond of $1,000 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 approval
of the Community Development Director or designee. Such trailer(s) shall be fully on private
property and outside the public right of way.
31. Prior to building permit issuance, the applicant shall initiate and complete Covenants,
Conditions and Restrictions (CC&Rs) which shall be approved by the City. All CC&R
documents that address including, but not limited to, reciprocal easements, 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 Covenants, Conditions
and Restrictions (CC&Rs).
x All landscaping, all drainage basins, and common areas including but not limited to
parking areas and drive aisles, shall be maintained in accordance with the CC&Rs.
x Provisions to restrict parking upon other than approved and developed parking spaces
shall be written into the CC&Rs for the project.
BUILDING DIVISION
General Conditions
32. 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.
33. 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
Conditions of Approval PC: April 16, 2024
PA 2020-92/CUP 2023-16/CDR 2023-06 CC R&F: May 14, 2024
Applicant’s Initials: _____ Page 6 of 18
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.
34. 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.
35. 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.
36. 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.
37. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit
approvals prior to commencement of any construction work.
38. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards,
and any block walls will require separate approvals and permits.
39. 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.
40. 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
41. 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 Section 5.507
of the 2022 edition of the California Building Code.
c. A precise grading plan to verify accessibility for the persons with disabilities.
Conditions of Approval PC: April 16, 2024
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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)
42. 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.
43. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to
be removed as part of the project.
Prior to Issuance of Building Permit(s)
44. 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
45. Pre-Construction Meeting. A pre-construction meeting is required with the building inspector
prior to the start of the building construction.
ENGINEERING DEPARTMENT
GENERAL
46. All new submittals for plan check or permit shall be made using the City’s online Citizen
Self-Service Portal (CSSP).
47. All engineering plans shall be prepared by a Registered Civil Engineer using the City’s
standard title block, Design Manual guidance, Lake Elsinore Municipal Code, California
Building Code, Riverside County Flood Control Standards, and City and Caltrans Standards
unless otherwise noted or approved by City staff.
48. All required soils, geotechnical, hydrology/hydraulic, and seismic reports shall be prepared
by a Registered Civil Engineer and Soils Engineer, as applicable.
49. In accordance with the City’s Franchise Agreement for waste disposal and recycling, the
developer 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.
50. All open space landscaping, 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. Documentation of maintenance
responsibility shall be recorded prior to occupancy.
51. 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.
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52. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works
Standard Plans.
53. Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any permits.
54. 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.
55. Minimum good housekeeping and erosion and sediment control Best Management
Practices (BMPs) as identified by the City shall be implemented by all projects.
FEES
56. 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.
57. 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:
a. Master Drainage Plan Fee – Due prior to Grading Permit issuance.
b. Traffic Infrastructure Fee (TIF) – Due prior to Building Permit issuance
c. Transportation Uniform Mitigation Fee (TUMF) – Due prior to Occupancy
d. Fair Share/In-Lieu Fees calculated on a project basis.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design
58. The project is responsible for complying with the latest Santa Ana Region National Pollutant
Discharge Elimination System (NPDES) Permits as warranted based on the nature of
development and/or activity.
59. A Final Water Quality Management Plan (WQMP) will be required and shall be prepared
using the Santa Ana Region of Riverside County Guidance Document and approved
template and submitted for review and approval to the City. The Final WQMP shall be
approved by the City prior rough grading plan approval or issuance of any permit for
construction.
60. The Final WQMP shall document the following:
x Detailed site and project description.
x Potential stormwater pollutants.
x Post-development drainage characteristics.
x Low Impact Development (LID) BMP selection and analysis.
x Structural and non-structural source control BMPs.
x Treatment Control BMPs.
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x Site design and drainage plan (BMP Exhibit).
x Documentation of how vector issues are addressed in the BMP design, operation and
maintenance.
x GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment
Control BMP locations.
x 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 systems; conserve natural areas; protect slopes
and channels; and minimize significant impacts from urban runoff. (Note the facilities
may need to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain
events).
x 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.
61. The existing Final WQMP shall be resubmitted for plan check and approval through the
CSSP.
62. Parking lot landscaping areas shall be designed to provide for treatment, retention or
infiltration of runoff.
63. Project hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape.
64. Project trash enclosure shall be covered, bermed, and designed to divert drainage from
adjoining paved areas and regularly maintained.
65. 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.
66. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain”
using the City authorized marker.
67. All restaurants and commercial food handling facilities must provide an area for the
washing/steam cleaning of equipment and accessories. The area must be self-contained,
equipped with a grease trap, and properly connected to a sanitary sewer. If the wash area
is located outdoors, it must be covered, paved have secondary containment, and be
connected to the sanitary sewer or other appropriately permitted disposal facility. Plan
Requirements: The Owner/Applicant shall incorporate these food facility requirements into
project design and depict on plans, including detail plans as needed.
Construction
68. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General
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Construction Permit) and compliance with the Green Building Code for sediment and
erosion control are required for this project.
69. 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.
70. 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(s) 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 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
71. 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:
x Demonstrate that the project has compiled with all non-structural BMPs described in
the project’s WQMP.
x 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.
x 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.
x 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.
x Provide documentation of annexation into a CFD for funding facilities to be maintained
by the City.
x 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.
x 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.
x Provide the City with a digital .pdf copy of the Final WQMP.
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72. Chemical Management – Prior to the issuance of building permits for any tank or pipeline,
the uses of said tank or pipeline shall be identified and the developer shall submit a Chemical
Management Plan in addition to a WQMP with all appropriate measures for chemical
management (including, but not limited to, storage emergency response, employee training,
spill contingencies and disposal) in a manner meeting the satisfaction of the Manager,
Permit Intake, in consultation with the Riverside County Fire Department and wastewater
agencies, as appropriate, to ensure implementation of each agency’s respective
requirements. A copy of the approved “Chemical Management Plans” shall be furnished to
the Fire Marshal prior to the issuance of any Certificates of Use and Occupancy.
UTILITIES
73. 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).
74. 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 prior to issuance
of a grading permit.
75. 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
76. Project will be responsible for the following improvements prior to the issuance of a
certificate of use and/or occupancy:
a. The developer shall implement the project design features and mitigation measures
identified in Section 10 of the Traffic Impact Analysis dated September 17, 2020, to
the satisfaction of the City Engineer:
1. Restripe median to provide two-way left turn lane on Lincoln Street between
the project driveway and Flannery Street/Robin Drive.
2. Construct the northbound approach to consist of one through lane and one
two-way left turn lane on Lincoln Street at project driveway.
3. Construct the southbound approach to consist of one shared through/right turn
lane on Lincoln Street at project driveway.
4. Construct the eastbound approach (project driveway) to consist of one inbound
lane and one shared left/right turn lane with stop-control on Lincoln Street at
project driveway.
5. Construct the southbound approach (project driveway) to consist of one right
turn only lane with stop-control at project driveway at Riverside Drive.
6. Construct eastbound approach to consist of one through lane at project
driveway at Riverside Drive.
7. Construct westbound approach to consist of one shared through/right turn lane
at project driveway at Riverside Drive.
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8. Restripe the southbound approach to consist of two left turn lanes and one
shared through/right turn lane at Lincoln Street and Riverside Drive.
9. Construct a northbound left turn lane and restripe shared left/through/right turn
lane to a shared through/right turn lane at Lincoln Street and Riverside Drive.
10. Convert north-south traffic signal phasing from permitted to protected at
Lincoln Street and Riverside Drive.
11. Construct a second receiving lane on the east leg of the intersection at Lincoln
Street and Riverside Drive.
b. Developer shall construct ultimate half-width street improvements on Lincoln Street in
conformance to the City General Plan Roadway Cross Sections for a Collector
Highway.
1. Note that the sidewalks are required to be 5 feet minimum with a landscape area
5 feet in width consistent with the City’s General Plan roadway cross section.
c. Developer shall construct ultimate half-width street improvements on Riverside Drive
in conformance to the City General Plan Roadway Cross Sections for an Urban Arterial
Highway. Encroachment Permit from Caltrans will be required prior to any work done
in the State right-of-way along Riverside Drive (State Route 74).
1. Note that the sidewalks are required to be 6 feet minimum with the landscape
area 6 feet in width consistent with the City’s General Plan roadway cross section.
d. Developer shall construct the half-width street improvements for the cul-de-sac on
Flannery Street.
e. Developer shall construct only one commercial driveway along Riverside Drive in
accordance with Caltrans requirements unless otherwise approved by Caltrans and at
the discretion of the City of Lake Elsinore.
f. Developer shall provide public street lighting consistent with the City Standards.
Streetlight system shall be designed as an LS-2B system. Streetlight plans shall be
submitted for City review and approval through CSSP.
77. Developer shall submit traffic signal, signing and striping plans for City review and approval
through CSSP.
78. Improvements shall be designed and constructed to City and Caltrans Standards and City
Codes (LEMC 12.04, 16.34), or as directed or approved by the City Engineer.
79. If existing improvements are to be modified, the existing improvement plans on file shall be
revised accordingly and approved by the City Engineer prior to issuance of a building permit.
80. Sight distance into and out of the project location shall comply with City of Lake Elsinore
and Caltrans Standards.
81. An Encroachment Permit is required for all work to be done in the public right-of-way. Upon
approval of engineered plans, the requirements outlined in these COAs and the permit issue
letter shall be met prior to Encroachment Permit issuance.
82. 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,
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drainage facilities shall be provided.
83. 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 or 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 basin capacities necessary to accomplish the
desired results.
84. 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.
85. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
86. The site shall be planned and developed to keep surface water from entering buildings
(California Green Building Standards Code 4.106.3).
87. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by the
development of the site and/or diversion of drainage.
88. All existing and new storm drain inlet facilities to which the project discharges shall be fitted
with full trash capture devices. The device selected shall be approved by the State of
California and City of Lake Elsinore. Off-site facilities shall be maintained by the City with
maintenance funded through a CFD or other City authorized assessment.
Permitting/Construction
89. 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.
90. 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
Design
91. A grading plan signed and stamped by a California licensed 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
as applicable.
92. 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
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and/or topography shall be in compliance with Federal, State and Local law and be approved
by the City Engineer.
93. The 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.
94. 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.
95. A Soil/Geotechnical Report is required for any land disturbance. In conjunction, a seismic
study shall be submitted to identify 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.
Permitting/Construction
96. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is
required prior to commencement of any grading activity.
97. All grading shall be done under the supervision of a licensed geotechnical engineer. Slopes
steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved
by the City.
98. Applicant shall execute and submit grading and erosion control agreement, post grading
security, and pay permit fees as a condition of grading permit issuance.
99. No grading shall be performed without obtaining a grading permit. A grading permit does
not include the construction of retaining walls or other structures for which a building permit
is required.
100. 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, a haul route shall be approved
prior to issuance of a grading permit.
101. Approval of the project Final Water Quality Management Plan (WQMP) for post construction
shall be received prior to issuance of a grading permit.
102. 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 any and all required environmental mitigation
triggered by the proposed grading activity.
PRIOR TO BUILDING PERMIT
103. Applicant shall provide soils, geology and seismic report, including recommendations for
parameters for seismic design of buildings, and walls prior to building permit.
104. All public improvement, traffic signal, signing and striping plans shall be completed and
approved by the City Engineer.
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105. All required public right-of-way dedications and easements prepared by separate
instruments shall be prepared by the applicant or his agent and shall be submitted to the
Engineering Department for review and approval prior to issuance of the building permit.
PRIOR TO OCCUPANCY / FINAL APPROVAL
106. 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 first occupancy.
107. All required signing, striping and traffic control devices on-site and off-site shall be installed.
108. In the event of damage to City roads from hauling or other construction related activity,
applicant shall repair or pay the cost of restoring the public roads to the baseline condition.
109. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas,
and drainage facilities shall be provided.
110. 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 USB flash drive or electronically to the Engineering Department
before final inspection will be scheduled.
111. As-built plans for all approved plan sets shall be submitted for review and approval by the
City. The Developer is responsible for revising the original mylar plans. Once the original
mylars have been approved, the applicant shall provide the City an electronic copy of the
“as-built” plans in .tif format.
112. All final studies and reports shall be submitted in .tif format on a flash drive or delivered
electronically. Studies and reports include, soils, seismic, hydrology, grading, WQMP, etc.
113. Applicant shall pay all outstanding applicable processing and development fees prior to
occupancy and/or final approval.
114. Applicant shall submit documentation pursuant to City’s Security Release handout.
CITY OF LAKE ELSINORE FIRE MARSHAL
115. 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.
116. Deferred submittals, for any fire systems, shall be identified on all subsequent plans.
117. If applicable, gates must meet Fire Department Standards at the time of building permit
application.
118. The applicant or developer shall provide fire hydrants in accordance with the following:
x Prior to placing any combustibles on site, provide an approved water source for
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firefighting purposes.
x Required fire flow is estimated to be 2375 GPM at 20 PSI for a 2-hour duration based
on 2022 California Fire Code and 31,935 square foot building area with Type V=B
construction and buildings having a fire sprinkler system. The minimum fire flow shall
be based on the largest single structure on the parcel and the verified construction type.
x Fire flow shall be determined by the building of the single largest square footage. The
minimum fire flow will be 1500 GPM at 20 PSI for a 2-hour duration, per the 2022
California Fire Code.
119. In all new buildings and structures which are 5,000 square feet or greater, an approved
automatic sprinkler system shall be provided regardless of occupancy classification. Where
Sections 903.2.1 – 903.2.21 of the California Fire Code have more restrictive requirements
than those listed below, the more restrictive requirements shall take precedence.
120. Prior to issuance of Building Permits, the applicant/developer shall provide the Office of the
Fire Marshal with an approved site plan for Fire Lanes and signage. (CFC 501.3)
121. Each parcel shall have independent access to the circulating roadway. Shared access shall
be documented, and reciprocal access agreements or dedicated access shall be
established.
122. The fire apparatus access road shall be (all weather surface) capable of sustaining an
imposed load of 80,000 lbs. GVW. The fire apparatus access road or temporary access
road shall be reviewed and approved by the Office of the Fire Marshal and in place during
the time of construction. (CFC 501.4)
123. The minimum inside turning radius for an access road shall be 24 feet. The minimum outside
turning radius shall be 45 feet. As fire apparatus are unable to negotiate tight “S” curves, a
60-foot straight leg must be provided between these types of compound-turns or the radii
and/or road width must be increased accordingly.
124. Prior to building permit issuance, install the approved water system, approved access roads,
and contact the Fire Department for a verification inspection.
DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance
Services)
125. Prior to issuance of a grading permit, 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.
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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
126. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring
& Reporting Program for the Mitigated Negative Declaration (Environmental Review No.
2020-05; SCH # 2021010316) prepared for the Project.
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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 TBD. I also acknowledge that all Conditions
shall be met as indicated.
Date:
Applicant’s Signature:
Print Name: ______
Address: _______________________
Phone Number: _______
Chapter 16.64
IMPROVEMENTS – UTILITIES
Sections:
16.64.010 General requirements.
16.64.020 Arrangements for installations.
16.64.025 Definitions.
16.64.035 Exclusions.
16.64.036 Exemptions.
16.64.040 Easements approval.
16.64.010 General requirements.
All proposed new development shall be required, as a condition of development and subject to
the exemptions and exclusions set forth in this chapter, to place underground all new utility lines
and facilities, carrying below 34,500 volts, including but not limited to electric power, telephone or
other communication, street lighting, community antenna television system, and other such utility
lines, which shall be installed in accordance with standards prescribed by the California Public
Utilities Commission in streets or alleys, or in easements provided for that purpose with widths
and locations that are adequate for the service agencies. Such standards shall apply to any
agency owning or operating the line whether or not it is subject to the jurisdiction of the California
Public Utilities Commission. If no standard is so prescribed, installation shall be made in
accordance with practices usual in the particular field, subject to the approval of the City Engineer.
[Ord. 1304 § 1, 2012; Ord. 529 § 6.12(A), 1973].
16.64.020 Arrangements for installations.
The undergrounding of all such utility devices shall be performed by the owner or developer of
the property seeking its development or improvement, or any construction thereon, at the owner’s
or developer’s sole expense. The land divider shall be responsible for complying with the
requirements of this chapter in accordance with tariffs of the respective servicing utilities as filed
with the California Public Utilities Commission, and the conditions of approval, and shall make the
necessary arrangements with the serving agencies for the installation of their respective facilities.
[Ord. 1304 § 1, 2012; Ord. 529 § 6.12(B), 1973].
16.64.025 Definitions.
“Community antenna television system” (in this chapter referred to for convenience as “CATV”)
means a system of antennas, coaxial cables, wires, wave guides or other conductors, equipment
or facilities designed, constructed or used for the purpose of providing television or FM radio
service by cable or through its facilities.
“Utility device” means any device necessary, convenient or required for the transmission of energy
or any communication signal to or from any property within the City. [Ord. 1304 § 1, 2012].
16.64.035 Exclusions.
The following utility devices shall be exempted from underground placement:
A. Poles or electroliers used exclusively for street lighting;
B. Utility devices operated at voltages in excess of 34,500 volts;
C. Overhead utility lines to serve residential structures may be left or placed above ground where
utility poles presently exist along or near rear property lines;
D. For the purposes of this section, appurtenances and associated equipment such as, but not
limited to, surface-mounted transformers, concealed ducts, and pedestal-mounted terminal boxes
and meter cabinets may be placed above ground. [Ord. 1304 § 1, 2012; Ord. 529 § 6.12(C), 1973.
Formerly 16.64.030].
16.64.036 Exemptions.
The City Engineer and/or Building Official shall exempt the following developments or
improvements of any property whenever the City Engineer, in his or her discretion, finds that the
proposed developments or improvements fit any one of the following criteria:
A. Interior tenant improvements and special conditional use permits for which construction is not
required;
B. Exterior upgrading, expansion, or repair of existing improvements, including but not limited to
reroofing, addition of awnings, landscaping, equipment screening, repainting and application of
other exterior finishes;
C. Additions of functional equipment to any existing improvements, including but not limited to air
conditioners, antennas, block walls and fences, cooling towers, enclosure of outdoor storage
areas, loading docks, satellite dishes, silos and water tanks;
D. The development of a new single-family residence on a property where the adjacent properties
are serviced by overhead utility devices to connect the proposed single-family residence shall be
placed underground from said proposed residence to the previously existing utility devices;
E. Overhead wires attached to the exterior surface of a building by means of a bracket or other
fixture and extending from one location on the building to another location on the same building
or to an adjacent building without crossing any public street;
F. Antenna associated equipment and supporting structures, used by a utility for furnishing
communication services;
G. Temporary poles, overhead wires and associated overhead structures used or to be used in
conjunction with a construction project. [Ord. 1304 § 1, 2012].
16.64.040 Easements approval.
All utility easements shall be approved by the serving utility companies, and such approval shall
be submitted to the City Engineer prior to recordation of the tract map. [Ord. 1304 § 1, 2012; Ord.
529 § 6.12(D), 1973].