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HomeMy WebLinkAboutPC Reso No 2010-008RESOLUTION NO. PC - 2010 -08 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP NO. 35336 WHEREAS, Erik Lunde, of Pacific Coves Investments L.L.C. (the "Developer'), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 35336 ( "the Subdivision "); and WHEREAS, the Developer proposes the project on a 258 acre site located on the east side of Camino Del Norte at its intersection with Main Street, and known as Assessor's Parcel Nos. 377 - 250 -011; 377 - 260 -004, 005, 006 & 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 (the "Site "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding tentative parcel maps; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: PLANNING COMMISSION RESOLUTION NO. 2010 -08 PAGE 2OF5 (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.'; and WHEREAS, the Final Environmental Impact Report, State Clearinghouse No. 2006121069 (the "FEIR ") for the Spyglass Ranch Specific Plan was certified by the City Council on February 26, 2008; and WHEREAS, the Subdivision was contemplated by the Specific Plan and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR; and WHEREAS, public notice of the Subdivision has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on March 16, 2010. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the tentative parcel map prior to making a decision and has found it acceptable and in conformance with the previously approved Spyglass Ranch Specific Plan. SECTION 2. That in accordance with the Subdivision Map Act and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Tentative Parcel Map No. 35336: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the goals and objectives, policies, general land uses, and programs specified in the General Plan (Government Code Section 66473.5). The design of the proposed Subdivision is consistent with the Spyglass Ranch Specific Plan. In addition, the Subdivision is consistent with the General Plan and conforms to the State Subdivision Map Act. PLANNING COMMISSION RESOLUTION NO. 2010 -08 PAGE 3OF5 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. The layout and design of the proposed Tentative Parcel Map is consistent with the land use plan and allowed densities identified in the previously approved Spyglass Ranch Specific Plan. The Parcel Map will allow for the further subdividing and multiple ownership of the Specific Plan boundary. 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. a. The subdivision is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The subdivision has been conditioned to annex into the Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The subdivision is conditioned to comply with all development standards of the Spyglass Ranch Specific Plan. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been examined and incorporated into Tentative Parcel Map No. 35336. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 3. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution, the Planning Commission hereby recommends approval of Tentative Parcel Map No. 35336. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2010 -08 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, Califor ' , this 161h ay of March, 2010. J'm Flo s, Chairman L;aJ0 Elsinore Planning Commission ATTEST: UG To Weiner rector of Community D elopment PLANNING COMMISSION RESOLUTION NO. 2010 -08 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010 -08 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of March 2010, and that the same was adopted by the following vote: AYES: CHAIRMAN FLORES, VICE - CHAIRMAN GONZALES, COMMISSIONER MENDOZA, COMMISSIONER O'NEAL, COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE ABSTAIN: NONE xl� xl�� om Weiner Director of Co munity Development CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 "SPYGLASS RANCH SPECIFIC PLAN," APN NOS. 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 & 377 -260- - 004, 005, 006. PLANNING DIVISION 1. Tentative Parcel Map No. 35336 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Lake Elsinore Municipal Code and the Subdivision Map Act. 2. Tentative Parcel Map No. 35336 shall comply with the State of California Subdivision Map Act and the Spyglass Ranch Specific Plan. In addition, when the Spyglass Ranch Specific Plan is silent on a particular issue, the Parcel Map shall comply with all applicable requirements of the Lake Elsinore Municipal Code (Title 16) or any modifications set forth in these Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project attached hereto. 4. This project and all subsequent projects within the Spyglass Ranch Specific Plan boundary shall comply with the mitigation measures and the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Environmental Impact Report No. 2008 -07 for Spyglass Ranch Specific Plan, unless superseded by these Conditions. 5. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, the documents submitted by the applicant, the permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 6. All lots shall meet the minimum setback requirements and must comply with the Development Standards in the Spyglass Ranch Specific Plan. Subdivision and construction of the property is subject to all the Conditions of Approval of the Specific Plan unless superseded by these conditions. 7. The applicant shall provide to the Director of Community Development within thirty (30) days of map approval, a final approved version of Tentative Parcel Map No. 35336 in digitized format. 8. The applicant shall sign and return an "Acknowledgment of Conditions" to the Page 1 of 9 Planning Commission Approval March 16, 2010 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 66covr_1 ec¢ Dnuru eDCP1C1r Di AKI Il 004, 005, 006. Community Development Department within 30 days of project approval by the City Council. PRIOR TO FINAL PARCEL MAP APPROVAL: 9. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 10. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 11. The applicant shall comply with all the attached Riverside County Fire Department conditions of approval. ENGINEERING DIVISION Prior to the approval of the Parcel Map, unless other arrangements are made and noted herein, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 12. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 13. Prior to commencement of grading operations, applicant is to provide to the City with 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 routes shall be submitted prior to issuance of a grading permit. 14. An Encroachment Permit shall be obtained prior to any work on City and /or State right -of -way. 15. Any grading that affects "waters of the United States ", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and /or State agencies. 16. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded. 17. Underground water rights shall be dedicated to the City pursuant to the provisions Page 2 of 9 Planning Commission Approval March 16, 2010 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 "SPYGLASS RANCH SPECIFIC PLAN," APN NOS. 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 & 377 -260- 004, 005, 006. of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 18. The subdivider shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 19. The subdivider shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 20. The subdivider shall pay all development fees, including but not all inclusive: TUMF, MSHCP,TIF, and Area Drainage Fees. 21. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities shall be provided. 22. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 23. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '' /�' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 24. All slopes and 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. 25. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner or property owner's association. 26. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 27. A drainage study shall be provided. The study shall identify the following: storm water runoff from and upstream of the site; show existing and proposed off -site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10 -yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin Page 3 of 9 Planning Commission Approval March 16, 2010 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 004, 005, 006. capacities necessary to accomplish the desired results. 28. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off -site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 29. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 30. The subdivider shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 31. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 32. The subdivider shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 33. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances ra ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 34. The subdivider shall construct full half width street improvements and dedicate full right -of -way on Camino Del Norte such that the ultimate right -of -way width conforms to General Plan and the Spyglass Specific Plan street right -of -way cross sections. The cross section of roadway improvements with a raised median (if applicable, and if applicable, applicant shall pay cash -in -lieu of construction of '/z Page 4 of 9 Planning Commission Approval March 16, 2010 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 "SPYGLASS RANCH SPECIFIC PLAN," APN NOS. 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 & 377 -260- 004, 005, 006. the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino del Norte, as recommended by the City. The road improvements for Camino del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer. (Condition Modified by Planning Commission 3- 16 -10) 35. The subdivider shall construct full half width street improvements and dedicate the full right -of -way on Elsinore Hills Road per General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. The cross section of roadway improvements with a parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino del Norte, as required by the General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. (Condition Modified by Planning Commission 3- 16 -10) 36. The subdivider shall construct full width street improvements on "CC ", and "BB "streets as shown on the map and /or per design guidelines in the Specific Plan. 37. The subdivider shall be responsible for acquiring right -of -ways in which the applicant or the City has no legal title or interest. If the applicant is unsuccessful in acquiring such right -of -ways, the City could assist the applicant in the Eminent Domain process at applicant's cost. 38. All streets shall be constructed per County Standards. Any deviation from County standards shall be approved by the City Engineer. 39. The subdivider shall implement mitigation measures identified in the revised Traffic Analysis (revised) dated August 18, 2009 to the satisfaction of the City Engineer. 40. The subdivider shall provide fair share costs of the ultimate road improvements that are not subject to TUMF or established City of Lake Elsinore fees for the ultimate road improvements as follows: Main Street/115 Ultimate Interchange Upgrade and Project Study Report, Camino del Norte(offsite) to La Strada and, Franklin Street to Main Street connection. A) The subdivider shall construct the traffic signals at Main /115 SB and NB on /off ramps. The City shall provide TIF or TUMF credit to subdivider. If TIF or TUMF credits are not sufficient to insure that subdivider's cost of construction of these signals do not exceed subdivider's payment of TIF or TUMF for these signals, the City shall enter into a reimbursement agreement with subdivider to reimburse subdivider for the difference between subdifvider's cost to construct the signals minus the issued TIF and TUMF credit and the amount of TIF or TUMF payment the subdivider Page 5 of 9 Planning Commission Approval March 16, 2010 otherwise would be obligated to pay. B) The subdivider shall install a one -way stop sign at the Camino del Norte /Street -A intersection. However, if the criteria for traffic signal warrants are satisfied prior to the issuance of the final certificate of occupancy for the project, the subdivider shall immediately remove the stop sign and install a traffic signal at this intersection. Otherwise, the traffic signal shall be installed and operational prior to the issuance of the final certificate of occupancy. 41. The subdivider shall participate in "fair share' payment of offsite improvements if the offsite improvements are not subject to TUMF or established City of Lake Elsinore fees, specified in Table 10 of the Traffic Impact Analysis (revised) August 18, 2009, as specified in Section VIII. B(1) and (2) and figure 84 in this study to the satisfaction of the City Engineer. 42. The subdivider shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures on local streets. 43. The subdivider shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 44. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Request for reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 45. The development of each Parnell Planning Area 1, 5, 6 & 12 shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115 /Main Street Interchange Upgrade, additional right way could be required along Camino Del Norte. (Modified by Planning Commission 3- 16 -10) 46. The subdivider shall submit a WQMP of the project for City's review and approval. Prior to Issuance of a Grading Permit 47. The subdivider shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City — Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. Page 6 of 9 Planning Commission Approval March 16, 2010 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 ac.nvi+ Acs MAUnu nl A ►1 ff /11:2.I 004, 005, 006. 48. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 49. The subdivider shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 50. An Alquist- Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site unless previously approved. (Modified by Planning Commission 3- 16 -10) 51. The subdivider shall obtain all necessary off -site easements and /or permits for off- site grading, improvements, and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 52. The subdivider 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. 53. All grading shall be done under the supervision of a geotechnical engineer and he /she shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 54. The subdivider shall provide erosion control measures as part of their grading plan. The applicant shall ensure protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 55. The subdivider shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 56. The subdivider shall provide an approved haul route. In addition, a focused Traffic Mitigation /Management Plan related to construction activities shall be provided. Prior to Issuance of Building Permit 57. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC) prior to Page 7 of 9 Planning Commission Approval March 16, 2010 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 "SPYGLASS RANCH SPECIFIC PLAN," APN NOS. 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 8r 377 -260- 004, 005, 006. building permit. 58. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the Traffic Analysis (revised) dated August 18, 2009, as specified in Section VIII. B(1) and (2) and figure 84 in this study. 59. The subdivider shall submit a "Will Serve" letter to the City Engineering Division 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 and volume etc. Submit this letter prior to applying for a building permit. 60. The subdivider shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 61. The subdivider shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and /or off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 62. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 63. The traffic signals shall be installed per the Traffic Analysis (revised) dated August 18, 2009, as specified in Section VIII. B(1) and (2) and figure 84 in this study to the satisfaction of the City Engineer. 64. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 65. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 66. The fair share cost of future improvements as a condition of this development shall be paid. 67. All water and sewer improvements shall be completed in accordance with Water District requirements. Page 8 of 9 Planning Commission Approval March 16, 2010 APN NOS. 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 8r 377 -260- 004, 005, 006. 68. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 69. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 70. As -built plans shall be completed and signed by the City Engineer. 71. All improvement plans shall be digitized. The applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $1,000 per sheet for City digitizing the plans. DEPARTMENT OF ADMINISTRATIVE SERVICES 72. Prior to approval of the Final Map, Parcel Map, Design Review, Site Development , Syesiale Conditional Use Permit or Building Permit whichever comes first (as app"Gable), the applicant shall participate in the City of Lake Elsinore Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. Applicant shall pay to the City make a four thousand two hundred five thousand dollar ($4 ($5,000) non - refundable deposit to cover the cost of the legal process to participate in the CFD. (Modified by Planning Commission 3- 16-10) Page 9 of 9 Planning Commission Approval March 16, 2010