HomeMy WebLinkAboutConditions of Approval signed CONDITIONS OF APPROVAL
RESOLUTIONS: 2018--XX: & 2018-XX
PROJECT: TTM 37319 (TTM 2017-06)
PROJECT NAME: Diamond Professional Offices
PROJECT LOCATION: APN: 363-162-027 (433 Diamond Drive)
APPROVAL DATE: September 11, 2018
EFFECTIVE DATE: September 11, 2018
EXPIRATION DATE: September 11, 2020
GENERAL CONDITIONS
1. Tentative Tract Map (TTM) No. 37319 is a one-lot subdivision of a 0.50-acre lot for
condominium purposes (Project). The Project will allow the conversion of the building
currently under construction into a six (6)-unit commercial condominium building. The
Project is located northerly of Campbell Street, on the easterly slide of Diamond Drive, and
westerly of Mission Trail, more specifically referred to as 433 Diamond Drive. (APN: 363-
162-027).
2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants
(Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set
aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or
legislative body concerning approval, implementation and construction of TTM 37319,which
action is bought within the time period provided for in California Government Code Sections
65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval,
extension or modification of TTM 37319 or any, of the proceedings, acts or determiinations
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 Connmunity
Development Department for inclusion in the case records.
4. Tentative Tract Map No. 37319 will expire two years from the date: of approval unless within
that period of time a Final Map has been filed with the County Recorder, or an extension of
time is granted by the City of Lake Elsinore City Council in accordance with the :sate of
California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal
Code (LEMC).
5. Tentative Tract Map No. 37319 shall comply with the State of California Subdivision Map Act
and applicable requirements contained in the LEMC, unless modified by approved Conditions
of Approval.
Appkl nt's I;,:gals:...................... Page 1 of 5
TTDl 37319 PC: August 21, 2018
Conditions of Approval CC: September 'l 1, 2018
6. The applicant shall provide all project-related on-site and off-site improvements as required
by these Conditions of Approval.
7. 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 Codo in a similar
manner as a new application. Grading plan revisions shall be reviewed by the City Engineer.
8. Development of the project site shall be in substantial conformance with the previously
approved Commercial Design Review No. 2013-06. In accordance with Section 17.184.130
of the LEMC, any alteration or expansion of a project for which there has been a design
review approval as well as all applications for modification or other change in the conditions
of approval of a design review shall be reviewed according to the provisions of this chapter
in a similar manner as a new application.
9. All future development proposals shall be reviewed by the City on a project-by-project basis. If
determined necessary by the Community Development Director or designee, additional
environmental analysis and/or a Conditional Use Permit will be required.
10. 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.
11. The applicant shall pay all applicable City fees, including but not limited to: Development
Impact Fees (DIF), Fire Facilities Fees, and Traffic Infrastructure Fees (TIF) per LEMC
Section 16.74, Transportation Uniform Mitigation Fees (TUMF) per LEMC Section 16.83,
Area Drainage Fees per LEMC Section 16.72, MSHCP Fee per LEMC Section 16.85,
Capital Improvement Impact/Mitigation Fees, Stephens Kangaroo Habitat Fee (K-Rat) per
LEMC Section 19.04, and Plan Check fees, at the rate in effect at the time of payment.
12. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms,
to be implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms,the City shall have the right to revoke
or modify all approvals herein granted, deny or further condition issuance of all future
building permits, deny revoke, or further condition all certificates of occupancy issued under
the authority of approvals herein granted; record a notice of violation on the property title;
institute and prosecute litigation to compel their compliance with said conditions or seek
damages for their violation.
PRIOR TO RECORDATION OF FINAL MAP
13. 411 lots shall comply with minimum standards contained in Chapter 17.134 (Commercial
Mixed Use (CMU)) of the LEMC.
14. prior to Recordation of the Final Map, the applicant shall demonstrate that the building will
,)e divided for different tenant spaces or units for Condominium purposes. The separation
for each unit shall comply with the current California Building Code, California Fire Code,
;ind the LEMC and is subject to a review and approval by the Building Official and the Fire
Marshal.
A1)pI arf { tiais�_„�� Page 2 of 5
TTP4 37319 PC: August 21, 2018
Conditions of Approval CC: September 11, 2018
15. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
16. All of the improvements shall be designed by the applicant's Civil Engineer to the
specifications of the City of Lake Elsinore.
17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
18. Prior to recordation of a Final Map, the applicant shall initiate and complete the formation of
a Property Owner's Association (POA)which shall be approved by the City. All Association
documents shall be submitted for review and approval by City Planning, Engineering and
the City Attorney and upon City approval shall be recorded. Such documents shall include
the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions
(CC&Rs).
a. All slopes, landscaping within public right-of-way, all drainage basins, and common
areas including but not limited to parking areas and drive aisles, shall be maintained by
the (POA).
b. Provisions to restrict parking upon other than approved and developed parking spaces
shall be written into the CC&Rs for the project.
19. In accordance with the City's Franchise Agreement for waste disposal & 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.
20. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and or diversion of drainage.
21. The Final WQMP shall document the following:
• The Operation and Maintenance (O&M) Plan and Agreement shall:
o describe the long-term operation and maintenance requirements for BMPs
identified in the WQMP;
o identify the entity that will be responsible for long-term operation and maintenance
of the referenced BMPs;
o describe and document the funding source for long-term operation and
maintenance of the referenced BMPS; and,
o provide for annual certification of water quality facilities by a registered civil
engineer. The City format shall be used.
22. The Project shall implement State Water Quality Control Board approved full capture trash
devices.
23. The developer shall submit for plan check review and approval a final map for Engineering
Department approval.
24. Prior to City Engineer approval of the Tract Map, the developer shall, in accordance with
Government Code, have constructed all improvements or noted on the title sheet of the map
the improvements to be constructed or have improvement plans submitted and approved,
agreements executed and securities posted.
Appi c<nt's fr bals:.....A Page 3 of 5
TTP4 37319 PC: August !1, 2018
Conditions of Approval CC: September 11, 2018
25. The applicant shall meet all applicable Building Codes in effect at the time, including
requirements for the occupancy.
26. 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.
A€phu nt's Initials: ................. Page 4 of 5
TT 0 37319 PC: August 21, 2018
Co editions of Approval CC: September 11, 2018
1 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 of Lake Elsinore City Council on September 11, 2018. 1 also acknowledge that all
Conditions shall be met as indicated.
oat 91�Z�2-ak-
Apt licant's Signature:
Print Name: g�A��1�1 ► Tt�l �
Address: ,!
Pho ie Number:
AppGcart's Initials:.,,............... Page 5 of 5