Agenda packet — Lake Elsinore City Council, May 9, 2023 (part 2 of 2)

6. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced.

The project will convert five newly constructed apartment units into condominium units.

The project does not involve the demolition of existing housing units. Adequate levels of public service and capacity, including fire protection, police protection, schools, and parks, are available to the proposed subdivision site. The subdivider will also pay development impact fees to offset the costs associated with providing governmental services to the population increase resulting from the project.

7. The design of the subdivision provides future passive or natural heating or cooling opportunities within the subdivision.

In accordance with Government Code Section 66473.1(d), the requirement to provide future passive or natural heating or cooling opportunities is not applicable to condominium projects which consist of airspace subdivisions in an existing building when no new structures are added.

Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the project, the Council hereby approves Tentative Tract Map No. 38616.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 9th day of May, 2023.

Natasha Johnson, Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of May 9, 2023, and that the same was adopted by the following vote:

CC Reso. No. 2023-____

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AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2023-03 TO

ESTABLISH A FIVE-UNIT RESIDENTIAL CONDOMINIUM ON AN
APPROXIMATELY 0.34-ACRE PARCEL LOCATED AT APN: 374-183-018 Whereas, Eric and Connie Kong, China Star International, Inc., has filed an application with the City of Lake Elsinore (City) requesting approval of Planning Application No. 2018-02 (Conditional Use Permit No. 2023-03 and Tentative Tract Map No. 2022-04) proposing Tentative Map No. 38616 to subdivide an approximately 0.34-acre parcel into one lot for condominium purposes and to convert an existing apartment complex into five residential condominium units. The project site is located at the northwest corner of Graham Avenue and Lowell Street (APN: 374-183-018); and,
Whereas, Section 17.415.070.A of the Lake Elsinore Municipal Code (LEMC) provides that certain uses have operational characteristics that, depending on the location and design of the use, may have the potential to negatively impact adjoining properties, businesses or residents and therefore are permitted subject to the issuance of a Conditional Use Permit, which allows the City to comprehensively review and approve the use; and, Whereas, pursuant to Section 17.415.070 (Conditional Use Permit), Section 17.410.070 (Approving Authority) and Section 17.410.030 (Multiple Applications) of the LEMC, the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the review of conditional use permits; and,
Whereas, on April 18, 2023, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and adopted a resolution recommending that the Council approve Conditional Use Permit No. 2023-03 in conjunction with Tentative Tract Map No. 38616; and, Whereas, pursuant to Section 17.415.070 (Conditional Use Permit), Section 17.410.070 (Approving Authority) and Section 17.410.030 (Multiple Applications) of the LEMC, the Council has been delegated with the responsibility of making decisions to approve, conditionally approve or disapprove applications for conditional use permits; and, Whereas, on May 9, 2023, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The Council has considered the project and has found it acceptable.

Section 2: The Council hereby finds and determines that the project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.) pursuant to CEQA Guidelines Section 15301(k) (Class 1: Existing Facilities) because the project involves CC Reso. No. 2023-____

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the subdivision of an existing building into condominium units and no physical changes are proposed.

Section 3: That in accordance with LEMC Section 17.415.070.C. Findings, the Council makes the following findings regarding Conditional Use Permit No. 2023-03:

1. That the proposed use is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located.

The project site is located in the Historic District and has a General Plan land use designation of Residential Mixed Use (RM). This designation provides for a mix of residential and non-residential uses within a single proposed development area with an emphasis on high-density residential uses. The project site has been previously approved for the construction of a new five-unit apartment complex. The application proposes to divide the approximately 0.34-acre building site into one lot for condominium purposes and to convert the existing apartments into five residential condominium units. Therefore, upon adherence to the conditions of approval imposed on the previous site development permit, the project is consistent with the General Plan.

2. The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City.

The proposed use will not be detrimental to the general health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City because the proposed residential condominium is compatible with surrounding land uses which consist predominantly of residential and neighborhood-scale office buildings. Furthermore, the proposed condominium use will not result in any infrastructural impacts because the site of the proposed condominium is located in a developed, urban setting with existing approved access to surrounding roadways and availability to connect to utilities including water, sewer and power.

3. The site is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by this title.

The site is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by the Municipal Code because the proposed on-site multi-family residential development was previously approved and reviewed for conformance with the development standards of the Residential Mixed Use zoning district. Maintenance of common area improvements, such as walls and landscaping, will be the responsibility of a property owner association which must be formed prior to issuance of certificate(s) of occupancy for the project.

4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use.

The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use because the project has been conditioned to construct half width CC Reso. No. 2023-____

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improvements and dedicate right-of-way on the alley such that the ultimate right-of-way width conforms to standard alley cross sections. Impacts to traffic levels of service at nearby intersections caused by the development are presumed to be less than significant and do not require additional study or mitigation through improvements.

5. In approving the subject use at the specific location, there will be no adverse effect on abutting properties or the permitted and normal use thereof.

The project has been thoroughly reviewed and conditioned by applicable City departments thereby to avoid adverse effects on abutting properties and the permitted and normal use thereof.

6. Adequate conditions and safeguards pursuant to LEMC 17.415.070.B, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located.

Pursuant to Section 17.415.070.B of the LEMC, the project was considered by the Planning Commission and City Council at duly noted Public Hearings on April 18, 2023 and May 9, 2023, respectively. Appropriate and applicable conditions of approval have been included to protect the public health, safety and general welfare.

Section 4: Based upon the evidence presented, the above findings, and the conditions of approval imposed upon the project, the Council hereby approves Conditional Use Permit No. 2023-03.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 9th day of May, 2023.

Natasha Johnson, Mayor
Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LAKE ELSINORE )
CC Reso. No. 2023-____

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I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2023-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of May 9, 2023, and that the same was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Candice Alvarez, MMC
City Clerk
Applicant’s Initials: _____ Page 1 of 6

CONDITIONS OF APPROVAL
PROJECT: PA 2018-02/TTM 2022-04/CUP 2023-03
PROJECT NAME: New Ventures
PROJECT LOCATION: APN: 374-183-018
APPROVAL DATE:

EFFECTIVE DATE:

EXPIRATION DATE:

GENERAL CONDITIONS

1. Planning Application No. 2018-02 (Tentative Tract Map No. 2022-04 and Conditional Use Permit No. 2023-03) proposes Tentative Tract Map No. 38616 to subdivide an approximately 0.34-acre parcel into one lot for condominium purposes and to convert an existing apartment complex into five residential condominium units. The project site is located at the northwest corner of the intersection of Graham Avenue and Lowell Street (APN: 374-183-018).

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. Tentative Tract Map No. 38616 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 State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).

5. Tentative Tract Map No. 38616 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the LEMC, unless modified by approved Conditions of Approval.

PA 2018-02/TTM 2022-04/CUP 2023-03 PC:

Conditions of Approval CC:

Applicant’s Initials: _____ Page 2 of 6

6. Conditional Use Permit No. 2023-03 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 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.

7. The applicant shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval.

8. 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. Grading plan revisions shall be reviewed by the City Engineer.

9. Development of the project site shall substantially confirm to the development plans and associated conditions of approval previously approved under Residential Design Review No. 2018-01. In accordance with Section 17.415.050.J 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.

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. 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.

12. 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.

13. 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.

PA 2018-02/TTM 2022-04/CUP 2023-03 PC:

Conditions of Approval CC:

Applicant’s Initials: _____ Page 3 of 6
Prior to Recordation of Final Map

14. All lots shall comply with minimum standards set forth in the Residential Mixed Use (RMU) zoning district under Chapter 17.86 of the Lake Elsinore Municipal Code.

15. Prior to Recordation of the Final Map, the applicant shall demonstrate that the building will be 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, and the LEMC and is subject to a review and approval by the Building Official and the Fire Marshal.

16. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).

17. 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).
• 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).
• Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the CC&Rs for the project.

18. 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.

19. The applicant shall meet all applicable Building Codes in effect at the time, including requirements for the occupancy.

20. 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.

ENGINEERING DIVISION
General

21. The project shall comply with applicable Conditions of Approval of Residential Design Review No. 2018-01 as approved by City Council on October 9, 2018.

22. All new submittals for plan check or permit shall be made using the City’s online Citizen Service Portal (CSSP).

23. All required soils, geology, seismic, and hydrology and hydraulic reports shall be prepared by a registered Civil Engineer and Soils Engineer, as applicable.

24. 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.

Fees
PA 2018-02/TTM 2022-04/CUP 2023-03 PC:

Conditions of Approval CC:

Applicant’s Initials: _____ Page 4 of 6

25. The 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.

26. 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.

Final Tract Map

27. Applicant shall submit Final Tract Map for plan check review and approval.

28. Applicant shall dedicate right-of-way for Alley way adjacent to the property for a total rightof-way of 10 feet from centerline to the project property line.

29. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 in the Lake Elsinore Municipal Code (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District.

30. Prior to scheduling City Council approval of the final Tract Map, the applicant shall, in accordance with Government Code, have constructed all improvements or have improvement plans submitted and approved, agreements executed, and securities posted.

Securities posted include but are not limited to the off-site improvements.

31. Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act.

32. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of final map.

33. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be with final Tract Map.

Utilities

34. 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).

Improvements
Permitting/Construction

35. 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.

36. 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 Occupancy / Final Approval / Project Closeout

37. Final Tract Map shall be recorded prior to first occupancy.

38. 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 issuance of first occupancy.

PA 2018-02/TTM 2022-04/CUP 2023-03 PC:

Conditions of Approval CC:

Applicant’s Initials: _____ Page 5 of 6

39. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided.

40. Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department prior to first occupancy.

41. 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.

42. All final studies and reports, 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 a USB flash drive or electronically to the Engineering Department before final inspection will be scheduled.

43. All required public right-of-way dedications, easements, vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to first occupancy.

44. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.

45. Applicant shall submit documentation pursuant to City’s Security Release handout.

46. Applicant shall submit as-built all Engineering Department approved project plan sets.

After City approval of paper copy, applicant 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.

47. Applicant shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans.

All data must be in projected coordinate system: NAD 83 State Plane California Zone VI U.S. Fleet. All parts and elements of the designed system shall be represented discretely.

Include in the attribute table basic data for each feature, such as diameter and length, as applicable, and for pipes include material (PVC, RCP, etc.) and slope.

PA 2018-02/TTM 2022-04/CUP 2023-03 PC:

Conditions of Approval CC:

Applicant’s Initials: _____ Page 6 of 6
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 of Lake Elsinore City Council on __________. I also acknowledge that all Conditions shall be met as indicated.

Date:

Applicant’s Signature:

Print Name:

Address:

Phone Number:

HEALD AVE

GRAHAM AVE

KELLOGG
ST

LINDSAY
ST

ACACIA DR
LEWIS
ST

LAKESHORE DR

SCRIVENER
ST
POE
ST

LIMITED AVE

LOWELL ST
LOWELL
ST

HEALD AVE

GRAHAM AVE

KELLOGG
ST

LINDSAY
ST

ACACIA DR
LEWIS
ST

LAKESHORE DR

SCRIVENER
ST
POE
ST

LIMITED AVE

LOWELL ST
LOWELL
ST
Planning Application No. 2018-02 (TTM 38616)
APN: 374-183-018

VICINITY MAP

PROJECT SITE
´
LOWELL
ST

GRAHAM AVE

KELLOGG
ST

SCRIVENER
ST

HEALD AVE

LAKESHORE DR
LEWIS
ST
LOWELL
ST

GRAHAM AVE

KELLOGG
ST

SCRIVENER
ST

HEALD AVE

LAKESHORE DR
LEWIS
ST
Planning Application No. 2018-02 (TTM 38616)
APN: 374-183-018

AERIAL MAP

PROJECT SITE
´

NOTICE OF A PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a Public Hearing on May 9, 2023 at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the following item:

Planning Application No. 2018-02 (New Ventures): Request for approval of Tentative Tract Map No. 38616 and Conditional Use Permit No. 2023-03 to subdivide an approximately 0.34-acre parcel into one lot for condominium purposes and to convert an existing apartment complex into five residential condominium units. The project site is located at the northwest corner of Graham Avenue and Lowell Street. (APN: 374-183-018; Applicant: Eric and Connie Kong, China Star International, Inc.; Property Owner: Eric and Connie Kong, China Star International, Inc.) The proposed project is exempt from the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.: “CEQA”) and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.) pursuant to CEQA Guidelines Section 15301(k) (Existing Facilities).

PLANNING COMMISSION RECOMMENDATION: On April 18, 2023, at a duly noticed Public Hearing, the Lake Elsinore Planning Commission by 3-0 vote recommended City Council approval of the proposed project.

ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to [email protected].

If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the City Clerk’s office at (951) 674- 3124 ext. 269. All Agenda materials are available for review on the City’s website at www.lakeelsinore.org the Friday before the Public Hearing.

FURTHER INFORMATION on this item may be obtained by contacting Damaris Abraham, Interim Assistant Community Development Director, at [email protected] or (951) 674-3124, ext. 913.

Candice Alvarez, MMC,
City Clerk

CITY COUNCIL
PUBLIC HEARING NOTICE City of Lake Elsinore
A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ON TUESDAY, MAY 9, 2023, AT THE LAKE ELSINORE CULTURAL CENTER, 183 NORTH MAIN STREET, LAKE ELSINORE, CA, 92530, AT 7:00 P.M. OR AS SOON THEREAFTER AS THE ITEM MAY BE HEARD TO CONSIDER THE FOLLOWING PROJECT:

ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to calvarez@lakeelsinore.org.

PLANNING COMMISSION RECOMMENDATION: On April 18, 2023, at a duly noticed Public Hearing, the Lake Elsinore Planning Commission by 3-0 vote recommended City Council approval of the proposed project.

If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the Administrative Secretary at (951) 674-3124 ext. 297. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org the Friday before the Public Hearing.

FURTHER INFORMATION on this item may be obtained by contacting Damaris Abraham, Interim Assistant Community Development Director, at [email protected] or (951) 674-3124, ext. 913.

Candice Alvarez, MMC,
City Clerk

ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to calvarez@lakeelsinore.org.

PLANNING COMMISSION RECOMMENDATION: On April 18, 2023, at a duly noticed Public Hearing, the Lake Elsinore Planning Commission by 3-0 vote recommended City Council approval of the proposed project.

If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the Administrative Secretary at (951) 674-3124 ext. 297. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org the Friday before the Public Hearing.

FURTHER INFORMATION on this item may be obtained by contacting Damaris Abraham, Interim Assistant Community Development Director, at [email protected] or (951) 674-3124, ext. 913.

Candice Alvarez, MMC,
City Clerk
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530

OFFICIAL NOTICE

CITY OF LAKE ELSINORE

COMMUNITY DEVELOPMENT DEPARTMENT
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530

OFFICIAL NOTICE

CITY OF LAKE ELSINORE

COMMUNITY DEVELOPMENT DEPARTMENT
More Services_____________
PROJECT INFORMATION: 801 W GRAHAM ST
LAKE ELSINORE, CA.

APN: 374-183-018
JOB : 23-127

CITY COPY

RADIUS MAP & NOTIFICATION LIST
12106 Lambert Ave., El Monte, CA 91732 / Tel (626) 350-5944 UPLAND, CA 91784 / Tel (909) 256-3482
Email: [email protected] / Web: www.moreservicesmapping.com

More JOE MORENO PROJECT I NFORMATI ON
801 W. GRAHAM ST.

LAKE ELSINORE, CA.
23-127
Services (626) 350-5944
[email protected]
moreservicesmapping.com

OWNERSHIP / OCCUPANTS LIST

RADIUS MAPS - LAND USE - PLANS

MUNICIPALCOMPLIANCECONSULTING
12106 LAMBERT AVE.EL MONTE, CA 91732
UPLAND, CA 91784 - (909)256-3482 SCALE 1" = 150'
HEARLD
9 19 20
18 21 17
16 15
14 10
11 21
22 23
24 33
8 7
32 12 32
13 31 6
25 25
4 28 29
35 5 3 2 1 26 27 30
36 GRAHAM
41 42
39 43 40 39
34 34
34 38
38 38 37
Project: 801 W Graham St Lake Elsinore More Services 626/350-5944 [email protected] 23-127 (3/2023) OWNER

CALIFORNIA REVOCABLE TRUST OF
THE KONG FAMILY DTD 09 KONG
DESONG

CALIFORNIA REVOCABLE TRUST OF
THE KONG FAMILY DTD 09 KONG
DESONG
4170 CHANDON CIR 4170 CHANDON CIR 4170 CHANDON CIR
CORONA CA 92883 CORONA CA 92883 CORONA CA 92883

CALIFORNIA REVOCABLE TRUST OF
THE KONG FAMILY DTD 09 KONG
DESONG

CALIFORNIA REVOCABLE TRUST OF
THE KONG FAMILY DTD 09 KONG
DESONG
4170 CHANDON CIR 4170 CHANDON CIR 4170 CHANDON CIR
CORONA CA 92883 CORONA CA 92883 CORONA CA 92883

APPLICANT

ERIC & CONNIE KONG
801 W GRAHAM ST

ERIC & CONNIE KONG
801 W GRAHAM ST
LAKE ELSINORE CA 92530 LAKE ELSINORE CA 92530 LAKE ELSINORE CA 92530

ERIC & CONNIE KONG
801 W GRAHAM ST

ERIC & CONNIE KONG
801 W GRAHAM ST
LAKE ELSINORE CA 92530 LAKE ELSINORE CA 92530 LAKE ELSINORE CA 92530 Project: 801 W Graham St Lake Elsinore More Services 626/350-5944 [email protected] 23-127 (3/2023) p1/2 1 374-183-018 2 374-183-017 3 374-183-016

CALIFORNIA REVOCABLE TRUST OF
THE KONG FAMILY DTD 09 KONG
DESONG
4170 CHANDON CIR
CORONA CA 92883

MONISE MARY MONISE HOWARD
805 W GRAHAM AVE
LAKE ELSINORE CA 92530

SMITH ROBERT K SMITH SUZETTE

CATHERON
35295 PORTOLA PL
WILDOMAR CA 92595
4 374-183-021 5 374-182-026 6 374-182-025

BIJAN MOSHENI BIJAN MOHSCNI
1665 ALAMITOS CIR
CORONA CA 92881

LAKE ELSINORE BAPTIST CHURCH LAKE

ELSINORE BAPTIST CHURCH
911 W GRAHAM AVE

LAKE ELSINORE BAPTIST CHURCH

LAKE ELSINORE BAPTIST CHURCH
911 W GRAHAM AVE
LAKE ELSINORE CA 92530 LAKE ELSINORE CA 92530
7 374-182-013 8 374-182-012 9 374-183-002

ESQUIVEL SAUL
109 SCRIVENER ST
LAKE ELSINORE CA 92530

HERNANDEZ BERNARDO AGUILAR
ARELI
111 SCRIVENER ST
LAKE ELSINORE CA 92530

KUNSTEL SHERRY
118 N SCRIVENER ST
LAKE ELSINORE CA 92530
10 374-183-003 11 374-183-004 12 374-183-005

WESSEL CRAIG
3528 SKYLANE DR
RIVERSIDE CA 92509

MENA MARCELO MENA
112 N SCRIVENER ST
LAKE ELSINORE CA 92530
SOLIS FAMILY TRUST DTD 06/28/2000

SOLIS DOLORES C
9804 FLOSSMOOR RD
PICO RIVERA CA 90660
13 374-183-006 14 374-183-013 15 374-183-012

LOWTHER RICHARD LOWTHER

LISSETTE
10447 GALA AVE
ALTA LOMA CA 91701

PERKINS PATRICK RAYMOND TRUST
DATED 3/25/2022 PERKINS PATRICK

RAYMOND

BRIGGS CRISTINA P
109 N LOWELL ST
LAKE ELSINORE CA 92530
107 N LOWELL ST
LAKE ELSINORE CA 92530
16 374-183-011 17 374-183-010 18 374-183-009

SOTO JUAN FRANCISCO RUIZ JUAN F
SOTO
111 N LOWELL ST

WISE CHARLES J WISE KERI M
2847 JUDIANN LN
VISTA CA 92084

KOSOR TIMOTHY D KOSOR ANNIE
25412 BURNTWOOD
LAGUNA NIGUEL CA 92677
LAKE ELSINORE CA 92530
19 374-142-001 20 374-142-002

FEARS SCOTT J
P O BOX 647
21 374-142-007,008

DEWYN KRISTEN
114 N LOWELL ST

GONZALES GERONIMO M & GONZALES

JOSEPHINE FAMILY TRU GONZALES
PO BOX 372 LAKE ELSINORE CA 92531 LAKE ELSINORE CA 92530 WILDOMAR CA 92595
22 374-142-009 23 374-142-010 24 374-142-011

TAING WAH TAING TOY
207 S POE ST

TAVAREZ RAUL TAVAREZ TEOFILA
110 N LOWELL ST

SUBER TIMOTHY JOHN SUBER ANGELA
14790 TOFT DR
LAKE ELSINORE CA 92530 LAKE ELSINORE CA 92530 LAKE ELSINORE CA 92530 25 374-142-017,018

ESCOTO ROBERTO
106 LOWELL ST
26 374-142-019

PACCIONE ROCCO PACCIONE SUSAN
27500 PINYON ST
27 374-142-020

ESCALANTE RAUL E
777 CALLE DE SOTO
LAKE ELSINORE CA 92530 MURRIETA CA 92562 SAN MARCOS CA 92078 28 374-142-021 29 374-142-022 30 374-142-026

DOUD CHAUNCEY DOUD ANNIE
901 W LAKESHORE DR
LAKE ELSINORE CA 92530

MARIA ELENA FAMILY TRUST DTD
2/10/2020 BONAVILLA MARIA E
23649 SYCAMORE CREEK AVE
MURRIETA CA 92562

MAHGEREFTEH EBRAHIM

MAHGEREFTEH GILA
9671 NETHERWAY DR
HUNTINGTON BEACH CA 92646
Project: 801 W Graham St Lake Elsinore More Services 626/350-5944 [email protected] 23-127 (3/2023) p2/2 31 374-142-016 32 374-142-014,015 33 374-142-013

CLEM NANCY A
108 N POE ST #A
LAKE ELSINORE CA 92530

MARTINEZ JUANITA KAREN MARTINEZ

RUDY VALENTINO
111 N KELLOGG ST

ANGEL LUIS
113 N KELLOGG ST
LAKE ELSINORE CA 92530
LAKE ELSINORE CA 92530
34 374-241-009,033,034

CAA INVESTING
700 W GRAHAM
35 374-241-002

LI FENGCAI
1805 CALLE BELLEZA
ROWLAND HEIGHTS CA 91748
36 374-241-001

ELSINORE WOMENS CLUB
P O BOX 507
LAKE ELSINORE CA 92530 LAKE ELSINORE CA 92531
37 374-241-003 38 374-232-005,012,026 39 374-232-010,011

MCMANUS FAMILY TRUST UDT DATED
10/24/17 MCMANUS NORMAN HOLLIS
106 S LOWELL ST

ROMAN CATHOLIC BISHOP OF SB
1201 E HIGHLAND AVE
SAN BERNARDINO CA 92404

HONEYCUTT EDITH L
800 W GRAHAM AVE
LAKE ELSINORE CA 92530
LAKE ELSINORE CA 92530
40 374-232-003 41 374-232-002 42 374-232-001

WYGAND RICHARD
806 W GRAHAM AVE
LAKE ELSINORE CA 92530

ORTIZ LETICIA S
808 W GRAHAM ST
LAKE ELSINORE CA 92530

CERVANTES ARTURO CERVANTES

MARIA E
3136 CALIFORNIA ST
HUNTINGTON PARK CA 90255
43 374-231-010

CARRERO ORTIZ SERGIO CARRERO
ROSA C

ERIC & CONNIE KONG
801 W GRAHAM ST
LAKE ELSINORE CA 92530
10323 FAYWOOD ST
BELLFLOWER CA 90706
MAILED VIA USPS 1ST CLASS

BY KEVIN BEERY, ASSOCIATE PLANNER
APRIL 25, 2023

Page 1 of 4 ends

REPORT TO CITY COUNCIL
To: Honorable Mayor and Members of the City Council
From: Jason Simpson, City Manager
Prepared by: Damaris Abraham, Interim Assistant Community Development Director Date: May 9, 2023
Subject: Planning Application No. 2019-47 (Tentative Parcel Map No. 38614) – a Request to Subdivide an 8.46-acre Site into Four (4) Parcels Ranging in Size From 0.97 Acres to 2.9 Acres, and One (1) 1.6-acre Remainder Parcel Located on the Southeast Corner of Riverside Drive and Collier Ave
Recommendation

1. Find that the proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183(A);

2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2019-47 (TENTATIVE PARCEL MAP NO. 38614) IS CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); and

3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38614 TO SUBDIVIDE AN 8.46 ACRE SITE INTO FOUR PARCELS RANGING IN SIZE FROM 0.97 ACRES TO 2.9 ACRES AND ONE 1.6-ACRE REMAINDER PARCEL.

Background
On March 24, 2020, the City Council approved Tentative Parcel Map (TPM) No. 37773 proposing to subdivide the 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. TPM 37773 expired on March 24, 2022.

The applicant has submitted this new Tentative Parcel Map Application, designed in the same configuration as TPM 37773, for review and approval.

Tentative Parcel Map No. 38614

Page 2 of 4 ends

Planning Commission Action
On April 18, 2023, the Planning Commission held a duly noticed public hearing to consider Tentative Parcel Map No. 38614 and voted 3-0 to recommend City Council approval of the project.

No public comments were received and only the applicant attended the hearing.

Project Description
Tentative Parcel Map No. 38614 is a subdivision of an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel.

Environmental Setting

EXISTING LAND USE GENERAL PLAN ZONING
Project Site Vacant Limited Industrial (LI) Commercial Manufacturing (C-M) North Recycling/Cemetery Public Institutional (PI) Public Institutional (PI) South Vacant Limited Industrial (LI) Commercial Manufacturing (C-M) and Limited Manufacturing (M-1)
East Vacant Limited Industrial (LI) Commercial Manufacturing (C-M) West Vacant Limited Industrial (LI) Commercial Manufacturing (C-M) Analysis
General Plan Consistency
The Project has a General Plan Land Use designation of Limited Industrial (LI). This designation provides for industrial parks, warehouses, manufacturing, research and development, public and quasi-public uses, and similar and compatible uses. The Zone Change is proposing to change the zoning designation of a small portion of the Project site from Limited Manufacturing (M-1) to Commercial Manufacturing (C-M) to ensure that the subject property has a single zoning designation. The C-M zone is compatible with the LI Land Use Designation. The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan.

Municipal Code Consistency
The current zoning for the subject property is Commercial Manufacturing (C-M). The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel.

Section 17.132.060 of the Lake Elsinore Municipal Code (LEMC) requires the minimum street frontage width of any new lot created in the C-M district to be 100 feet. The proposed tentative map will have a minimum street frontage width of 100 feet. Section 17.132.050 requires the minimum lot area for new lots in the C-M district to be 20,000 square feet net. The minimum lot size for this tentative map is 42,253 sq. ft. (0.97 acres). The Tentative Map also complies with Chapter 16.24 (Tentative Map) of the LEMC and the Subdivision Map Act. The applicant has not Tentative Parcel Map No. 38614

Page 3 of 4 ends

proposed any specific physical development of the subject site. Accordingly, the Project consist of only the corrective action to the zoning designation and the legal division of the existing parcel.

Any future development would be subject to additional City review and approval.

The Design Review Committee that includes staff from Planning, Building and Safety, Fire, and Engineering have reviewed the proposed Project. Appropriate Conditions of Approval have been included.

Environmental Determination
The General Plan is a long-term policy guide for the development of the City but does not propose specific development that can be analyzed at a project-specific level. Therefore, the General Plan EIR is a Program EIR (State Clearinghouse No. 2005121019). A Program EIR provides a more general analysis of the General Plan that focuses on the overall effects of implementation of the General Plan.

Because the General Plan does not contain details of any specific project, the location- specific effects cannot be analyzed without speculation as to the ultimate use that could be proposed on a particular site. The proposed General Plan designations provide the parameters of uses that would be allowed, but a multitude of different business types or residential uses could be developed at varying intensities or densities at any particular location, so the project-level detail is not available to support meaningful environmental evaluation of impacts at specific sites. “Where future development is unspecified and uncertain, no purpose can be served by requiring an EIR to engage in sheer speculation as to future environmental consequences.” (City of Santee v. County of San Diego (1989) 214 Cal.App.3d at p. 1453) Similarly, in order to provide projectlevel quantification of impacts and specificity of mitigation measures, the City would be required to speculate regarding the details of future development on the project site.

Pursuant to Public Resources Code section 21083.3 and CEQA Guideline 15183(a), a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review “except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” As noted above, a Program EIR was certified for the General Plan.

As there is no development currently proposed for the subject site, there are no “project-specific” details or analysis provided in conjunction with this report. Pursuant to the City of Lake Elsinore Municipal Code, Section 17.515.050 Major design review, development plans must be first approved by the Planning Commission prior to the issuance of any permit or the commencement of any construction.

Public Notice
Notice of the hearing for this application has been published in the Press-Enterprise newspaper and mailed to property owners within 300 feet of the subject property. As of the writing of this report, no written comments concerning this application have been received by staff.

Tentative Parcel Map No. 38614

Page 4 of 4 ends

Fiscal Impact
The time and costs related to processing this tentative map request have been covered by the application fee paid by the applicant. No General Fund budgets have been allocated or used in the processing of this application.

Attachments
Attachment 1 - MSHCP Resolution
Attachment 2 - TPM Resolution
Attachment 3 - Conditions of Approval
Attachment 4 - Vicinity Map
Attachment 5 - Aerial Map
Attachment 6 - Tentative Parcel Map No. 38614
Attachment 7 – Public Notice Materials
RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2019- 47 (TENTATIVE PARCEL MAP NO. 38614) IS CONSISTENT WITH THE WESTERN

RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP)
Whereas, Ron Kassab, Lake Elsinore Plaza 2 Corporation, has filed an application with the City of Lake Elsinore (City) requesting approval of Tentative Parcel Map No. 38614 to subdivide an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue (APN: 377-120-065); and,
Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and,
Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps; and, Whereas, on April 18, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item and by a resolution recommended that the Council adopt Findings of Consistency with the MSHCP; and,
Whereas, on May 9, 2023, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section 1: The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference.

Section 2: The Council has considered the Project and the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item.

Section 3: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency:

1. The Project is a project under the City’s MSHCP Resolution, and the City must make an CC Reso. No. 2023-____

Page 2 of 4 ends

MSHCP Consistency finding before approval.

Pursuant to the City’s MSHCP Resolution, the Project is required to be reviewed for MSHCP consistency, including consistency with other “Plan Wide Requirements.” The Project site is not located within a MSHCP Criteria Cell. Based upon the site reconnaissance survey there are no issues regarding consistency with the MSHCP’s other “Plan Wide Requirements.” The only requirements potentially applicable to the Project were the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (Section 6.1.2 of the MSHCP) and payment of the MSHCP Local Development Mitigation Fee (Section 4 of the MSHCP Ordinance).

2. The Project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review processes.

As stated above, the Project is not located within a Criteria Cell and therefore the Project was not processed through the City’s LEAP and the RCA’s Joint Project Review process.

3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines.

The site reconnaissance survey revealed that no riparian, riverine, vernal pool/fairy shrimp habitat or other aquatic resources exist on the site. As such, the Riparian/Riverine Areas and Vernal Pool Guidelines as set forth in Section 6.1.2 of the MSHCP are not applicable.

4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines.

The site does not fall within any Narrow Endemic Plant Species Survey Areas. Neither a habitat assessment nor further focused surveys are required for the Project. Therefore, Protection of Narrow Endemic Plant Species Guidelines as set forth in Section 6.1.3 of the MSHCP are not applicable to the Project.

5. The Project is consistent with the Additional Survey Needs and Procedures.

The MSHCP only requires additional surveys for certain species if the Project is located in Criteria Area Species Survey Areas, Amphibian Species Survey Areas, Burrowing Owl Survey Areas, and Mammal Species Survey Areas of the MSHCP. The Project site is not located within any of the Critical Species Survey Areas. Therefore, the provisions of MSCHP Section

6.3.2 are not applicable.

6. The Project is consistent with the Urban/Wildlands Interface Guidelines.

The Project site is not within or adjacent to any MSHCP criteria or conservation areas.

Therefore, the Urban/Wildlands Interface Guidelines of MSHCP Section 6.1.4 are not applicable.

7. The Project is consistent with the Vegetation Mapping requirements.

There are no resources located on the Project site requiring mapping as set forth in MSCHP Section 6.3.1.

8. The Project is consistent with the Fuels Management Guidelines.

CC Reso. No. 2023-____

Page 3 of 4 ends

The Project site is not within or adjacent to any MSHCP criteria or conservation areas.

Therefore, the Fuels Management Guidelines of MSHCP Section 6.4 are not applicable.

9. The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee.

As a condition of approval, the Project will be required to pay the City’s MSHCP Local Development Mitigation Fee at the time of issuance of building permits.

10. The Project is consistent with the MSHCP.

Section 4: Based upon the evidence presented, both written and testimonial, and the above findings, the Council hereby finds that the Project is consistent with the MSHCP.

Section 5: This Resolution shall take effect immediately upon its adoption.

Section 6: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 9th day of May, 2023.

Natasha Johnson,
Mayor
CC Reso. No. 2023-____

Page 4 of 4 ends

Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES
NOES:

ABSTAIN:

ABSENT:

Candice Alvarez, MMC
City Clerk
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 38614 TO SUBDIVIDE AN 8.46-ACRE SITE INTO FOUR PARCELS RANGING IN SIZE FROM 0.97 ACRES TO 2.9 ACRES AND ONE 1.6-ACRE REMAINDER PARCEL (APN: 377-120-065) Whereas, Ron Kassab, Lake Elsinore Plaza 2 Corporation, has filed an application with the City of Lake Elsinore (City) requesting approval of Tentative Parcel Map No. 38614 to subdivide an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue (APN: 377-120-065); and,
Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to the tentative map review; and,
Whereas, on April 18, 2023, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item, and adopted a resolution recommending that the Council Approve Tentative Parcel Map No. 38614; and,
Whereas, on May 9, 2023, at a duly noticed Public Hearing the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this time.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

Section1: The foregoing recitals are true and correct and are herby considered into these findings by this reference.

Section 2: The Council has reviewed and analyzed Tentative Parcel Map No. 38614 pursuant to the appropriate Planning and Zoning Laws (Cal. Gov. Code Sec 65000 et. seq.), the Lake Elsinore General Plan (GP), and Chapter 16 (Subdivisions) of the LEMC and Subdivision Map Act.

Section 3: That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Council makes the following findings for approval of Tentative Parcel Map No. 38614:

1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5).

The Project has a General Plan Land Use designation of Limited Industrial (LI). This designation provides for industrial parks, warehouses, manufacturing, research and development, public and quasi-public uses, and similar and compatible uses. The subject property has the Commercial Manufacturing (C-M) zoning designation. The C-M zone is compatible with the LI Land Use Designation. The Tentative Parcel Map is a subdivision of an CC Reso. No. 2023-____

Page 2 of 4 ends

8.46-acre site into four (4) parcels and a remainder parcel. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan and the Subdivision Map Act.

2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan.

The Project has a General Plan Land Use designation of Limited Industrial (LI). The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel for the purpose of Financing and Conveyance only. The Tentative Parcel Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan and the Subdivision Map Act. Any future development for this area is required to conform to all standards set forth in the applicable Specific Plan as well as the General Plan.

3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced.

The Project has a General Plan Land Use designation of Limited Industrial (LI). The Tentative Parcel Map is a subdivision of an 8.46-acre site into four (4) parcels and a remainder parcel.

The Project will not have a direct impact on housing.

4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems.

The Tentative Parcel Map has been adequately conditioned by all applicable departments and agencies and will not result in any significant environmental impacts. The proposed subdivision, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity.

Section 4: That in accordance with the City of Lake Elsinore’s General Plan Environmental Impact Report (State Clearinghouse No. 2005121019) (EIR), Public Resources Code section 21083.3, and CEQA Guidelines section 15183; the Council makes the following findings regarding the approval of Tentative Parcel Map No. 38614:

1. The proposed subdivision is consistent with the General Plan and an EIR was certified for the General Plan. The General Plan EIR adopted by the City of Lake Elsinore on December 13, 2011 (per Resolution No. 2011-070) analyzed potential environmental impacts.

2. There are no environmental impacts peculiar to the subject property that were not analyzed in General Plan EIR. The subject site does not contain any features that would create environmental impacts that would be peculiar to the subject site beyond what was originally analyzed and evaluated in the General Plan and EIR.

3. There are no significant environmental impacts, including off-site impacts or cumulative impacts, that were not previously analyzed in General Plan EIR. That EIR analyzed the environmental impacts associated with the conversion of vacant or underutilized land to commercial uses. This division of land, without any additional development approval, does not present any potential environmental impacts that were not analyzed in the EIR. Moreover, there is insufficient information to conduct project-level review at this time and any attempt to CC Reso. No. 2023-____

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provide project-level review would be speculative. Accordingly, the General Plan EIR analysis provides adequate program level of analysis of potential impacts.

4. No substantial new information that was not known at the time General Plan EIR was certified has been discovered indicating that a significant impact identified in that EIR would be more severe than previously determined. No information has been presented to, or discovered by, the City that indicates the environmental impacts associated with increased commercial development will be more severe than analyzed in the General Plan EIR.

5. That the decision regarding the environmental analysis and discussion above reflects the independent judgment and analysis of the City.

Section 5: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Tentative Parcel Map No. 38614.

Section 6: This Resolution shall take effect immediately upon its adoption.

Section 7: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions.

Passed and Adopted on this 9th day of May, 2023.

Natasha Johnson,
Mayor
CC Reso. No. 2023-____

Page 4 of 4 ends

Attest:
___________________________________
Candice Alvarez, MMC
City Clerk

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

AYES
NOES:

ABSTAIN:

ABSENT:

Candice Alvarez, MMC
City Clerk
Applicant’s Initials: _____ Page 1 of 16

CONDITIONS OF APPROVAL
PROJECT: PA 2019-47/TPM 2022-05
PROJECT NAME: TPM 38614
PROJECT LOCATION: APN: 377-120-065
APPROVAL DATE:

EFFECTIVE DATE:

EXPIRATION DATE:

GENERAL CONDITIONS

1. Tentative Parcel Map (TPM) No. 38614 is a subdivision of an 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue. (APN: 377-120-065).

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 TPM 38614, 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 TPM 38614 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

PLANNING DIVISION

4. Tentative Parcel Map No. 38614 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 State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code (LEMC).

5. Tentative Parcel Map No. 38614 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the LEMC, unless modified by approved Conditions of Approval.

6. A certificate of compliance (COC) shall be required for the 1.6-acre remainder parcel in accordance with Section 66424.6 of the State of California Subdivision Map Act.

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7. The developer shall provide all project-related on-site and off-site improvements as required by these Conditions of Approval.

8. 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.

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 will be required.

10. 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 Parcel Map

11. All lots shall comply with minimum standards contained in Chapter 17.132 (C-M Commercial Manufacturing District) of the LEMC.

12. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.

13. All of the project improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore.

Prior to Design Review Approval

14. All future structural development associated with this map requires separate Design Review and/or Conditional Use Permit approval pursuant to the provisions of Chapter 17.415 (Permitting Requirements) of the LEMC.

15. All commercial development within TPM 38614 shall comply with the non-residential development standards of Chapter 17.112 of the LEMC.

Prior to Issuance of Grading Permits/Building Permits

16. Prior to the issuance of a grading permit, the project applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, including obtaining the necessary authorizations from the regulatory agencies for proposed impacts to jurisdictional waters.

Authorizations may include a Section 404 Permit from the U.S. Army Corps of Engineers, a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife, and a Section 401 Water Quality Certification/Waste Discharge Requirement from the Regional Water Quality Control Board.

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17. Prior to the issuance of a building permit, the applicant shall pay the City’s Multiple Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee, at the rate in effect at the time of payment.

18. Prior to the issuance of a building permit, the applicant shall pay Development Impact Fees (DIF), at the rate in effect at the time of payment.

19. Prior to issuance of each building permit, 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.

20. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. The applicant shall place a weatherproof 3’ X 3’ sign at the entrance to the project site identifying the approved days and hours of construction activity. 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. The sign shall identify the name and phone number of the development manager to address any complaints.

21. The project shall connect to water and sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards.

22. 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.

23. 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.

24. The applicant shall construct trash enclosure(s) with a decorative roof to match the colors, materials and design of the project architecture.

25. A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, etc., shall be utilized and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits.

26. Prior to issuance of a building permit, one (1) set of the Final Landscaping / Irrigation Detail Plans along with a digital copy (i.e. PDF format) shall be submitted to the Community Development Department 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.

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b. 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.
c. Planting within fifteen feet (15’) of ingress/egress points shall be no higher than twentyfour inches (24”). d. Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines.
e. No required tree planting bed shall be less than 5 feet wide. f. Root barriers shall be installed for all trees planted within 10 feet of hardscape areas to include sidewalks.
g. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City’s adopted Landscape Guidelines. i. 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 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.
j. 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. k. Final landscape plan must be consistent with approved site plan. l. Final landscape plans to include planting and irrigation details. m. 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.
n. No turf shall be permitted.

27. 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.

28. 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 PA 2019-47/TPM 38614 PC: April 18, 2023
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of the Community Development Director or designee. Such trailer(s) shall be fully on private property and outside the public right of way.

ENGINEERING DEPARTMENT

GENERAL

29. All required soils, geotechnical, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer and Soils Engineer, as applicable.

30. All new submittals for plan check or permit shall be made using the City’s online Citizen Service Portal (CSSP).

31. In accordance with the City’s Franchise Agreement for waste disposal & recycling, applicant 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.

32. All landscaping within public right-of-way shall be maintained by the property owner or property owner’s association or another maintenance entity approved by the City Council.

33. All plans (Street, Storm Drain, Improvement, Grading) shall 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 for drainage, and City Standards unless otherwise noted or approved by City staff.

34. 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.

35. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.

36. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of nonerosive down drains or other devices.

37. 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 Standard Plans.

38. A Soil/Geotechnical Report is required for any land disturbance.

39. Minimum good housekeeping and erosion and sediment control BMP’s as identified by the Green Building Code and City shall be implemented by all projects.

40. Construct all public works improvements per approved street plans (LEMC 16.34) in accordance with project phasing plan. Plans must be approved and signed by the City Engineer prior to construction. Construction shall be completed prior to Certificate of Occupancy of any building within a particular phase.

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improvements and shall post the appropriate bonds prior to commencement of work.

42. Applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or CALTRANS for encroaching, grading, or discharging into County flood control facilities or CALTRANS right-of-way.

FEES

43. 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.

44. 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. Applicable fees include but are not limited to:
a. Master Plan of Drainage Fee – Due prior to Grading Permit Issuance or Parcel Map Approval, whichever is first.
b. Traffic Infrastructure Fee (TIF) – Due prior to Building Permit Issuance c. Transportation Uniform Mitigation Fee (TUMF) – Due prior to occupancy d. Stephens’ Kangaroo Rat Habitat Mitigation Fee (K-Rat) – Due prior to Grading Permit Issuance
e. Fair Share – calculated on a project basis if required by the Traffic Impact Analysis

PARCEL MAP / LAND DIVISION

45. After approval of the Tentative Parcel Map, applicant shall submit for plan check review and approval for Parcel Map.

46. Applicant shall make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City, free and clear of all liens and encumbrances and without cost to the City.

47. Applicant shall dedicate right-of-way for Collier Avenue adjacent to the property for a total right-of-way of 60 feet from centerline to the project property line. Collier Avenue is classified as an Urban Arterial Highway in the City’s General Plan Circulation Element, where full-width is 120 feet and curb-to-curb width is 96 feet.

48. Applicant shall dedicate right-of-way for Riverside Drive adjacent to the property for a total right-of-way of 60 feet from centerline to the project property line. Riverside Drive is classified as an Urban Arterial Highway in the City’s General Plan Circulation Element, where full-width is 120 feet and curb-to-curb width is 96 feet.

49. Applicant shall dedicate an access easement providing for reciprocal access across properties for public use.

50. Underground water rights shall be dedicated to the City pursuant to the provisions of Section

16.52.030 (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District.

51. Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act.

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52. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of Parcel map.

53. Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be with Parcel Map.

54. Legal agreements and financial commitments (LLMD, CFD, etc.) for operation and maintenance be recorded prior to or concurrent with recordation of the Parcel Map.

55. Prior to City Council approval of the Parcel Map, applicant 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.

STORM WATER MANAGEMENT / POLLUTION PREVENTION
Design

56. The project is responsible for complying with the Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity.

57. A Water Quality Management Plan (WQMP) (preliminary and final) shall be prepared for each proposed project using the Santa Ana Region 8 approved template and guidance and submitted for review and approval to the City. The Preliminary WQMP shall be approved prior to Planning Commission hearing; the Final WQMP shall be approved by the City prior to rough or precise grading plan approval, issuance of any permit for construction, or Parcel Map approval. The Final WQMP shall be in substantial conformance with the approved Preliminary WQMP.

58. The Final WQMP shall document the following:
a. Detailed site and project description.
b. Potential stormwater pollutants.
c. Post-development drainage characteristics.
d. Low Impact Development (LID) BMP selection and analysis. e. Structural and Non-Structural source control BMPs.
f. Treatment Control BMPs
g. Site design and drainage plan (BMP Exhibit).
h. Documentation of how vector issues are addressed in the BMP design, operation and maintenance.
i. GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations.
j. 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 postdevelopment 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 impacts from urban runoff (Note the facilities may need to be larger due to flood mitigation for the 10-yr 6 and 24 hour rain events).

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k. 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 longterm operation and maintenance of the referenced BMPS; and (4) provide for annual certification of water quality facilities by a Registered Civil Engineer. The City format shall be used. For facilities in the right-of-way to be maintained by the City, the project shall annex into a CFD for funding.
l. The grading and/or improvement plan shall include a table listing each stormwater facility, and the plan sheet where it appears.

59. The 2010 SAR MS4 Permit requires implementation of LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority): (Section XII.E.2, XII.E3, and XII.E.7). a. Preventatives measures (these are mostly non-structural measures, e.g., minimizing impervious areas, conserving natural areas, minimizing directly connected impervious areas, etc.)
b. The Project shall in the order presented, infiltrate, harvest and use, evapotranspire and/or bio-treat the Design Capture Volume (DCV).
c. The Project shall consider a properly engineered and maintained bio-treatment system only if infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site.
d. Any portion of the DCV that is not infiltrated, harvested and used, evapo-transpired, and/or bio-treated shall be treated and discharged in accordance with the requirements set forth in Section XII.G.

60. Parking lot landscaping areas shall be designed to provide for treatment, retention or infiltration of runoff.

61. Project onsite hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape.

62. Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained and to prevent untreated discharge.

63. If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, applicant shall obtain certification of compliance through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Department.

64. All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker.

65. The project shall use either volume-based and/or flow-based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4.

66. The project site shall implement full trash capture methods/devices approved by the State Water Quality Control Board. This shall include installation of connector pipe screens on all onsite and offsite catch basins to which the project discharges.

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Construction

67. 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.

68. 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.

69. 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 Marshall, prior to the issuance of any Certificates of Use and Occupancy.

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 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:
• 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- PA 2019-47/TPM 38614 PC: April 18, 2023
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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. • Provide the City with a digital .pdf copy of the Final WQMP.

UTILITIES

72. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and/or out on the roadway shall be the responsibility of the property owner or his agent. All power lines (temporary or permanent) shall comply with CALTRANS standards for vehicle clearance.

73. All overhead utilities (34.5 KV or lower) shall be undergrounded in accordance with Chapter

12.16 of the Lake Elsinore Municipal Code (LEMC) and CALTRANS standards.

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 (SCE NIL). Due prior to 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. This project shall provide roadway connections to facilitate reciprocal access to adjacent developments unless otherwise deemed unfeasible as concurred by the City.

77. Sight distance (horizontal and vertical) into and out and throughout the project location shall comply with City and CALTRANS standards. Project shall ensure facilities are installed outside the line of sight of drivers.

78. Install a root barrier for the dripline of trees installed within 10 feet of any on or off-site hardscape (sidewalk, driveway, pavement, etc.).

79. An encroachment permit from the City and CALTRANS is required for all work to be done in the public right-of-way. Upon approval of engineered plans, the requirements outlined in these COA’s and the permit issue letter shall be met prior to Encroachment Permit issuance.

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80. Applicant is responsible for constructing ultimate half width street improvements adjacent to project frontage on Collier Ave to match existing improvements. Improvements include but are not limited to curb, gutter, sidewalk, streetlights, asphalt widening, asphalt replacement, striping, and curb ramp.

81. Applicant is responsible for constructing ultimate half width street improvements adjacent to project frontage on Riverside Drive (State Route 74). Improvements include but are not limited to curb, gutter, sidewalk, streetlights, asphalt widening, asphalt replacement, striping, and curb ramp. Improvements shall be designed to match and/or provide safe transition to existing improvements.

82. If existing improvements are to be modified, existing improvement plans on file shall be revised accordingly and approved by the City Engineer prior to issuance of a building permit.

83. Project will be responsible to design and install streetlights on Riverside Drive and Collier Avenue. Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but are not limited to details such as location, pole, and luminaire type, and pull box design.

Streetlight plans may be included as part of the Street Improvement plan set.

84. Applicant shall evaluate feasibility of shared access by and between newly created parcels on Riverside Drive and Collier Avenue.

85. 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 (on or off site) constructed by this project shall include a storm drain filter.

86. Applicant shall submit signing and striping plans for City review and approval. All signing, striping, and traffic control devices shall be installed and approved by the City. Modification of existing and installation of new signing striping for required improvements. The project shall be responsible for any additional paving and/or striping removal caused by the striping plan.

87. Improvements shall be designed and constructed to City of Lake Elsinore Standards, Municipal Code (12.04 and 16.34) and CALTRANS Standards, or as directed or approved by the City Engineer.

88. Applicant shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities.

89. 10-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the curbs. When either of these criteria are exceeded, drainage facilities shall be provided.

90. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards.

91. CALTRANS review and approval of plans is required. The developer shall provide a copy of the CALTRANS approval and/or permit for construction.

92. 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 PA 2019-47/TPM 38614 PC: April 18, 2023
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system shall be designed to ensure that runoff from a 10-year storm of 6-hour or 24-hour 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.

PRIOR TO GRADING PERMIT

93. 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.

94. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern.

95. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance.

96. 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.

97. A seismic study 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.

98. 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.

99. Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage.
100. 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
101. Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 102. Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds require approval and necessary permits from respective Federal and/or State Agencies.

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103. 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.
104. A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity. 105. 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.
106. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City.
107. 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.
108. Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 109. 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 all required environmental mitigation triggered by the proposed grading activity.

PRIOR TO BUILDING PERMIT
110. All public improvement, traffic signal, signing and striping plans shall be completed and approved by the City Engineer.
111. All required public right-of-way dedications and easements (not dedicated on the map) shall be prepared by the developer or his agent and shall be submitted to the Engineering Department for review and approval prior to issuance of building permit.

PRIOR TO OCCUPANCY/FINAL APPROVAL
112. 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 issuance of first occupancy.
113. All on-site improvements shall be installed prior to occupancy. 114. Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department prior to occupancy. 115. 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.

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116. All final studies and reports, 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 a USB flash drive or electronically to the Engineering Department before final inspection will be scheduled. 117. All required public right-of-way dedications, easements, vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to first occupancy. Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval.
118. Certificates or permits may be ministerially withheld if features needed to properly manage chemicals cannot be incorporated into a previously completed building, center, or complex. 119. Developer shall pay all outstanding applicable processing and development fees prior to issuance of occupancy.

PROJECT CLOSEOUT/SECURITY RELEASE
120. Applicant shall submit documentation pursuant to City’s Security Release handout. 121. All final studies and reports shall be submitted to the Engineering Department. Studies and reports include but are not limited to soils, seismic, hydrology and hydraulics, and WQMP. 122. Applicant shall submit as-built all Engineering Department approved project plan sets. After City approval of paper copy, applicant 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.
123. Applicant shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans.

All data must be in projected coordinate system: NAD 83 State Plane California Zone VI U.S. Fleet. All parts and elements of the designed system shall be represented discretely.

Include in the attribute table basic data for each feature, such as diameter and length, as applicable, and for pipes include material (PVC, RCP, etc.) and slope.

CITY OF LAKE ELSINORE FIRE MARSHAL
124. 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.

DEPARTMENT OF ADMINISTRATIVE SERVICES
Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services)
125. Prior to approval of the Final Map, Parcel Map, Design Review, Conditional Use Permit or building permit (as applicable), the applicant shall annex 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 rightof-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 PA 2019-47/TPM 38614 PC: April 18, 2023
Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 15 of 16
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. 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.

PA 2019-47/TPM 38614 PC: April 18, 2023
Conditions of Approval CC: TBD
Applicant’s Initials: _____ Page 16 of 16
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 _________. I also acknowledge that all Conditions shall be met as indicated.

Date:

Applicant’s Signature:

Print Name:

Address:

Phone Number:

I-15
SH-74
10TH ST

DEXTER AVE

KEE AVE

COLLIER AVE

STRICKLAND AVE
I-15 SBOFF
11TH ST
I-15 NBON

CRANE ST

SHRIER DR

DON JUAN

PASADENA ST

HUNCO WAY

CENTRAL ST

THIRD ST

BUNKER ST

EL TORO RD

RED GUM DR

FOSTER ST

INDUSTRIAL CENTER WAY

BAKER ST

COLLIER AVE

PASADENA ST
I-15

BAKER ST
I-15
SH-74
10TH ST

DEXTER AVE

KEE AVE

COLLIER AVE

STRICKLAND AVE
I-15 SBOFF
11TH ST
I-15 NBON

CRANE ST

SHRIER DR

DON JUAN

PASADENA ST

HUNCO WAY

CENTRAL ST

THIRD ST

BUNKER ST

EL TORO RD

RED GUM DR

FOSTER ST

INDUSTRIAL CENTER WAY

BAKER ST

COLLIER AVE

PASADENA ST
I-15

BAKER ST
TPM 38614
APN: 377-120-065

VICINITY MAP

PROJECT SITE
´
SH-74
I-15
10TH ST

HUNCO WAY

COLLIER AVE

EL TORO RD

RIVERSIDE DR

BAKER ST

DEXTER AVE

PASADENA ST

INDUSTRIAL CENTER WAY
I-15

PASADENA ST
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
SH-74
I-15
10TH ST

HUNCO WAY

COLLIER AVE

EL TORO RD

RIVERSIDE DR

BAKER ST

DEXTER AVE

PASADENA ST

INDUSTRIAL CENTER WAY
I-15

PASADENA ST
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
TPM 38614
APN: 377-120-065

AERIAL MAP

PROJECT SITE
´
Parcel Area
Table
1 2
3 4
1 REMAIN
DER

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Lake Elsinore, California, will hold a Public Hearing on May 9, 2023, at the Lake Elsinore Cultural Center, 183 North Main Street, Lake Elsinore, California, 92530, at 7:00 p.m., or as soon thereafter as the matter may be heard, to consider the following item:

Planning Application No. 2019-47 (Tentative Parcel Map No. 38614): A request by Ron Kassab, Lake Elsinore Plaza 2 Corporation, to subdivide the 8.46-acre site into four (4) parcels ranging in size from 0.97 acres to 2.9 acres, and one (1) 1.6-acre remainder parcel. The Project is located at the southeasterly corner of Riverside Drive and Collier Avenue. (APN: 377-120-065) Pursuant to Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183(a), a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review “except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site.” A Program EIR (State Clearinghouse No. 2005121019) was certified for the General Plan. As there is no development currently proposed for the subject site, there are no “project-specific significant effects which are peculiar to the project or its site” to analyze at this time. Therefore, no additional environmental review is required per Public Resource Code Section 21083.3 and CEQA Guidelines Section 15183.

PLANNING COMMISSION RECOMMENDATION: On April 18, 2023, at a duly noticed Public Hearing, the Lake Elsinore Planning Commission by 3-0 vote recommended that the City Council approve the proposed project.

ALL INTERESTED PERSONS are invited to submit written information, express opinions or otherwise submit written evidence by email to [email protected].

If you wish to legally challenge any action taken by the City on the above matter, you may be limited to raising only those issues you or someone else at the Public Hearing described in this notice, or in written correspondence delivered to the City prior to or at the Public Hearing. If you require accommodation to participate in a Public Hearing, please contact the City Clerk’s office at (951) 674-3124 ext. 269. All Agenda materials are available for review on the City’s website at www.lake-elsinore.org the Friday before the Public Hearing.

FURTHER INFORMATION on this item may be obtained by contacting Carlos Serna, Assistant Planner in the Planning Division at, [email protected] or (951) 674-3124, ext. 916.

Candice Alvarez, MMC,
City Clerk

Lake Elsinore City CouncilMay 9, 2023

Lake Elsinore City Council
May 9, 2023