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HomeMy WebLinkAboutItem No. 03 Attachment 1 - Conditions of ApprovalPage 1 of 18 Applicant’s: CONDITIONS OF APPROVAL PROJECT: PA 2024-08/CUP 2024-04/CDR 2024-02 PROJECT NAME: Walmart Fueling Station and Convenience Store PROJECT LOCATION: APNs: 377-090-052 and 377-090-053 APPROVAL DATE: October 21, 2025 EFFECTIVE DATE: November 18, 2025 EXPIRATION DATE: October 21, 2027 GENERAL 1. Conditional Use Permit (CUP) No. 2024-04 proposes to establish a 16-pump gasoline- dispensing station with a 5,419-square-foot overhead fueling canopy, 1,618-square-foot single-story convenience store. Commercial Design Review (CDR) 2024-02 proposes building design and construction of a 5,419-square-foot overhead fueling canopy, 1,618- square-foot single-story convenience store and related parking lot site improvements on an approximately 1.10-acres. The project site is located north of Dexter Avenue and east of Central Avenue (SR-74), identified by Assessor’s Parcel Numbers (APNs) 377-090-052 and 377-090-053. 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 2024- 04, and CDR 2024-02, 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 2024-04, and CDR 2024- 02 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. 2024-04 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 Page 2 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 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. 2024-02 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. Project is required to submit a Queue Management Plan for review and approval prior to issuance of grading permit. Queue Management Plan is required to be approved by the City Traffic Engineer prior to issuance of occupancy. 8. 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. 9. The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval. 10. 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. 11. 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. 12. 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. 13. 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 Page 3 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 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 14. 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. 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. Page 4 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 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 Page 5 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 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). • 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. • 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 Page 6 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 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 286. 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. Must submit Grading Plans to Engineering prior to Building. Building will not accept plans if they have not been submitted to Engineering first. Submitting Plans and Calculations. Applicant must submit to Building and Safety online portal for electronic plan check and permitting: 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. Page 7 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 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 Conditions 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. 48. All required engineering reports shall be prepared by a State of California registered Civil Engineer, Soils Engineer, or Traffic Engineer, as applicable. 49. All open space 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. 50. In accordance with the City’s Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R, Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy. 51. Applicant shall submit a detailed hydrology and hydraulic study for review and approval for the sufficient containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer. 52. 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. Page 8 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 53. Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) shall be implemented. 54. Project is required to submit a Traffic Management Plan for review and approval prior to issuance of grading permit. Traffic Management Plan is required to be approved prior to issuance of occupancy. FEES 55. 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. 56. 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: • Traffic Infrastructure Fee (TIF) – Due prior to Building Permit issuance • Transportation Uniform Mitigation Fee (TUMF) – Due prior to Occupancy STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design 57. 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. 58. Final Amended Water Quality Management Plan (WQMP) shall be approved prior to grading plan approval, or issuance of any permit for construction, whichever is first. 59. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff. 60. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 61. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained. 62. 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. 63. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker. 64. The project site shall implement full trash capture methods/devices approved by the Regional Water Quality Control Board. This shall include installation of connector pipe screens on all onsite and offsite catch basins to which the project discharges. Page 9 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 Construction 65. A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit) and compliance with the Green Building Code for sediment and erosion control are required for this project. 66. 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. 67. 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 68. 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: • Demonstrate that the project has compiled with all non-structural BMPs described in the project’s WQMP. • 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. • 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. • 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. • Provide documentation of annexation into a CFD for funding facilities to be maintained by the City. • 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. 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. Page 10 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 UTILITIES 69. 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). 70. 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 71. Project is required to complete the following signal operational improvements prior to issuance of occupancy: a. Dexter Avenue at Central Avenue – Increase the cycle length to 120 seconds and increase relative green time for phase three (westbound left turn). b. Central Avenue and Cambern – Increase cycle length to 120 seconds, add protected eastbound left turn phasing, add westbound right turn overlap phasing, and increase relative green time for phases four and seven. c. All updated signal timing sheets shall be provided, reviewed, and approved by the City prior to completion. 72. Project shall ensure above surface facilities and landscape features are installed outside the line of sight of drivers. 73. 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, drainage facilities shall be provided. 74. 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. 75. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area to maximum extent possible. 76. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 77. All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 78. A registered State of California Civil Engineer shall prepare the improvement, signing and striping, plans required for this project. Permitting/Construction 79. As applicable, 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. Page 11 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 80. As applicable, 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 81. Project is required to submit a Traffic Management Plan for review and approval prior to issuance of grading permit. 82. A grading plan signed and stamped by a registered 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. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual. 83. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 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. 84. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 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. 85. 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 and/or topography shall be in compliance with Federal, State and Local law and be approved by the City Engineer. 86. A geotechnical investigation shall be performed on the site to identify any hidden 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. The location of faults, active or inactive shall be shown on the plan sets. A certified geotechnical engineer and/or licensed geologist shall verify compliance with geotechnical recommendations and confirm that geotechnical conditions are consistent with finds in the geotechnical investigation. 87. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 88. 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. Permitting/Construction Page 12 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 89. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 90. No grading shall be performed without first having obtained a Grading Permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required. 91. A preconstruction meeting with the City Engineering Inspector (Engineering Land Development Department) is required prior to commencement of any grading activity. 92. 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, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. 93. 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. 94. Review and approval of the project sediment and erosion control plan shall be completed. As warranted, a copy of the current SWPPP shall be kept at the project site and be available for review upon request. 95. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 96. As, applicable 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 97. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. PRIOR TO OCCUPANCY / FINAL APPROVAL 98. Traffic Management Plan shall be approved prior to issuance of occupancy. 99. Signal operational improvements shall be completed and the signal timing sheets shall be provided to the City. 100. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 101. As applicable, applicant shall provide a digital copy of the amended Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department prior to first occupancy. 102. In the event of the damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 103. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval. Page 13 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 104. Applicant shall submit documentation pursuant to City’s Security Release handout. 105. As applicable, applicant shall submit as-built all Engineering Department approved project plan sets. After City approval of paper copy, the developer/owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a digital copy of the “as-built” plans in .tif format. CITY OF LAKE ELSINORE FIRE MARSHAL 106. The applicant or developer shall provide fire hydrants in accordance with the following: • Prior to placing any combustibles on site, provide an approved water source for firefighting purposes. 107. 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. 108. 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) 109. Prior to issuance of Certificate of Occupancy, approval shall be required from the Office of the Fire Marshal to maintain, store, use, or handle hazardous materials regulated by the fire code and to install equipment used in connection with such activities. (CFC 105) DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) 110. 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. 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 111. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring & Reporting Program (Resolution No. 2015-087) (SCH # 2014051093). Page 14 of 18 Conditions of Approval PA 2024-08/CUP 2024-04/CDR 2024-02 Applicant’s: PC: October 21, 2025 CC R&F: November 18, 2025 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: