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Home My WebLink AboutItem No. 2 - Conditions of Approval Applicant’s Initials: _____ Page 1 of 4 CONDITIONS OF APPROVAL PROJECT: PA 2021-34 (CDR 2024-05 & CUP 2024-07) PROJECT NAME: Evergreen Commercial Development – Dutch Bros PROJECT LOCATION: A Portion of APN: 377-020-014 APPROVAL DATE: EFFECTIVE DATE: EXPIRATION DATE: GENERAL CONDITIONS 1. The project proposes to develop and operate a 980 square-foot drive-through Dutch Bros Coffee Shop with a 340 sq. ft. outdoor dining area (CDR No. 2024-05) and an amendment to Conditional Use Permit No. 2021-12 (CUP No. 2024-07) to modify the previously approved drive-through operation. The project site is located south of Central Avenue/State Route 74 (SR-74) and east of Cambern Avenue, which is within the retail center known as Evergreen Commercial Development that is currently under construction. The ent ire Evergreen Commercial Development is approximately 8.86-acres. The proposed Dutch Bros Coffee Shop will be located on an approximately 1.13-acre lot (Lot 5 of TPM 38281) which is a portion of Assessor Parcel Number 377-020-014. 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 approval, implementation and construction of CDR 2024-05 and CUP 2024-07, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of CDR 2024-05 and CUP 2024-07 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition. 3. Within 30 days of project approval, the applicant shall sign and complete an “Acknowledgement of Conditions,” and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Conditional Use Permit No. 2024-07 shall lapse and become void two years following the date on which the conditional use permit became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the conditional use permit is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension PA 2021-34/CDR 2024-05 & CUP 2024-07 Conditions of Approval PC Hearing: June 17, 2025 Applicant’s Initials: _____ Page 2 of 4 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. 2024-05 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 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 raises concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this Conditional Use Permit may be referred back to the Planning Commission for subsequent review at a Public Hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts or may revoke said Conditional Use Permit. 8. The project shall comply with all the underlying conditions of approval for PA 2021-34 (TPM 38195, TPM 38281, CUP 2021-09, CUP 2021-10, CUP 2021-11, CUP 2021-12, CDR 2021- 17, PCN 2021-01, PCN 2021-02, and SIGN 2021-35) approved by the City Council on April 25, 2023. 9. All site improvements shall be constructed as indicated on the submitted plans. The applicant shall meet all required development standards as indicated by the Commercial Design Guidelines and the LEMC. Any other revisions to the approved site plan or building elevations shall be subject to the review of the Community Development Director or his designee. All plans submitted for Building Division Plan Check shall conform to the submitted plans. 10. All materials and colors depicted on the plans shall be used. If the applicant wishes to modify any of the approved materials or colors depicted on the plans, the applicant shall submit a proposal setting forth the modifications for review by the Community Development Director or his designee. 11. 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 consistent with the sign program for the project. 12. The Applicant shall comply with all applicable City codes and ordinances. 13. The applicant will be required to provide a Queueing Management Plan prior to occupancy of PA 2021-34/CDR 2024-05 & CUP 2024-07 Conditions of Approval PC Hearing: June 17, 2025 Applicant’s Initials: _____ Page 3 of 4 the drive-through restaurant building. The project shall be required to comply with the Queuing Management Plan at all times to ensure that the operation of the drive-through does not interfere with free and orderly circulation of the parking lots and to avoid spillover of vehicles in the public right-of-way. 14. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. 15. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program for the Mitigated Negative Declaration (Environmental Review No. 2021- 05; SCH # 2022090133) prepared for the project. BUILDING DIVISION 16. The applicant shall meet all applicable Building Codes in effect at the time, including requirements for the occupancy. ENGINEERING DEPARTMENT 17. The project shall comply with all underlying conditions of approval for PA 2021-34 (TPM 38195, TPM 38281, CUP 2021-09, CUP 2021-10, CUP 2021-11, CUP 2021-12, CDR 2021- 17, PCN 2021-01, PCN 2021-02, and SIGN 2021-35) approved by the City Council on April 25, 2023. 18. Project is required to follow all City and State codes, Engineering standards, and regulations applicable at the time of final engineering. 19. The project shall obtain formal approval of the Final Water Quality Management Plan (FWQMP) prior to issuance of any grading permit. 20. Project is required to implement mitigation measures identified in the approved Traffic Management Plan and Traffic Study referenced in the project’s approval documents. CITY OF LAKE ELSINORE FIRE MARSHAL 21. 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) 395-1759. PA 2021-34/CDR 2024-05 & CUP 2024-07 Conditions of Approval PC Hearing: June 17, 2025 Applicant’s Initials: _____ Page 4 of 4 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 Planning Commission on ______________. I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: