Loading...
HomeMy WebLinkAboutCC Reso No 2010-017RESOLUTION NO. CC- 2010 -017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2009 -05 BY D R HORTON AT ROSETTA HILLS, TRACT 31792 WHEREAS, an application has been filed with the City of Lake Elsinore by D R Horton (the "Developer ") requesting approval of Residential Design Review No. 2009- 05 (the "Design Review ") proposed for 65 lots in Tract Map No. 31792, known as "Rosetta Hills;" and WHEREAS, the project is located southeast of Highway 74, east of Interstate 15 and the intersection of Conard Avenue and Third Street, and known as residential lots on Assessor's Parcel Pages 347 -36, -51, -53, -54, and -55 (the "Site "); and WHEREAS, the Design Review includes design details for 65 lots including two models within a model home complex on the Site; 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 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: RESOLUTION NO. 2010 -017 Page 2 of 5 (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 severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to 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, Mitigated Negative Declaration No. 2004 -06 (the "MND ") and A Mitigation Monitoring Program were adopted on September 28, 2004 for Tentative Tract Map No. 31792. The MIND analyzed the subdivision and grading of property and the construction of 191 single - family residential lots, of which this Design Review is a part. WHEREAS, the Planning Commission considered the Design Review at a public hearing held with respect to this item on March 16, 2010, and recommends approval; and WHEREAS, public notice of the Design Review was given in accordance with the requirements of the Lake Elsinore Municipal Code, and the City Council considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on April 13, 2010. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has received a report of the findings and recommendations of the Planning Commission after the Planning Commission hearing, SECTION 2. The City Council determines that in accordance with CEQA Guidelines Section 15162, the Design Review does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Design Review were contemplated by, fully analyzed in, and mitigated through the Mitigated Negative Declaration for RESOLUTION NO. 2010 -017 Page 3 of 5 Tentative Tract Map No. 31792. No new CEQA documentation is necessary for the Design Review. SECTION 3. That in accordance with Section 17.184.090 of the City of Lake Elsinore Municipal Code, the City Council determines that the proposed project complies with the provisions of the LEMC 17.184.080: 1. The project as conditioned will comply with the goals and objectives of the City of Lake Elsinore General Plan and the Zoning District in which the project is located. The General Plan designates the site for Low Medium Density Residential (6 dwelling units per acre) and the Design Review implements this density. The Zoning District on the site is R -1 Single Family Residential, and the Design Review complies with all development standards of this zone. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The D R Horton products have similar style features and shall be constructed with similar colors and materials to the Magnolia and Primrose products already constructed in Rosetta Hills. Therefore the proposed products are consistent and blend with the existing surroundings. The project will provide wall and fence treatments previously approved for the tract, as well as landscaping as previously conceptually designed for the site. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Conditions have been applied to this project that prescribe site design, setbacks, height, architectural design, exterior materials, colors, textures, landscaping, lighting, walls and fences, grading and phasing. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby approves Residential Design Review No. 2009 -05. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. RESOLUTION NO. 2010 -017 Page 4 of 5 PASSED, APPROVED AND ADOPTED on this 13th day of April, 2010. Melissa A. Melendez, Mayor `ATTEST: ' Carol Cowley, Interim Cd Clerk 31792 REVISED BY PLANNING COMMISSION, 3 -16 -10 PLANNING DIVISION (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be revised.) Approval Expiration. Design Review approval for Residential Project No. R 2009- 05 will lapse and be void unless a building permit is issued within two (2) years of the Planning Commission approval date. The Director of Community Development may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. Indemnity. The Applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. Notice Filing. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five business days from the approval of this Design Review by the Planning Commission. A check in the amount of $64.00 payable to Riverside County must be received from the applicant for this purpose. 4. Revision to Plans. All site improvements shall be constructed as indicated on the approved plotting plan and building elevations or as specified by these Conditions of Approval. Any other revisions to the approved plotting plan or building elevations shall be subject to approval of the Community Development Director or designee. a. All lots shall meet the minimum setback requirements of the R1- Single Family Residential District. Where dimensions are missing on conceptual plans, it is assumed that Precise Grading Plans will comply with these setback requirements. b. Where lots exceed the rear yard setback requirement by more than 50 feet, houses shall be staggered to provide a varied streetscape. The house on Lot 92 shall be replotted with a 32.6 foot front yard setback, and a 55 foot rear yard setback to meet this requirement. 5. Use of Colors & Materials. Materials and colors depicted on the approved Planning Commission Approved Page 1 of 15 City Council Approved March 16, 2010 April 13, 2010 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009 -05 FOR D R HORTON (aD ROSETTA HILLS IN TRACT MAP 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 materials boards shall be used unless modified by the applicant and approved by the Director of Community Development or designee. 6. Style & Color Distribution. Applicant shall submit, for review and approval by the Director of Community Development or his designee, a detailed Plotting Plan prior to the issuance of building permits for each phase, which indicates the style and color scheme to be used on each lot. Styles shall be evenly distributed throughout the site. The identical product and /or color scheme shall not be constructed directly across or adjacent to one another. ADA Requirements. Applicant shall meet all American with Disabilities Act requirements for access to the Model Home Complex. Prior Approvals. Applicant shall comply with all requirements of the underlying Tract Map No. 31792, unless superceded by these conditions. Applicant shall comply with all relevant Mitigation Monitoring Program requirements as set forth in Mitigated Negative Declaration No. 2004 -06, adopted for Tentative Tract Map No. 31792 and Zone Change No. 2004- 09. Applicant shall provide a Mitigation Monitoring Program Report on a quarterly basis during construction. b. Applicant shall comply with all adopted Mitigation Monitoring Program requirements that may apply to the site as a result of the proposed Mitigation Negative Declaration for the Remediation Plan that covers Lots 49 thru 68. Applicant shall provide a Mitigation Monitoring Program Report on a quarterly basis during construction. C. Construction on the property is subject to the terms and conditions of the Land Development Agreement executed by the City and Wasson Canyon Investments, L. P., and as amended. d. 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. Planning Commission Approved Page 2 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 9. RDA: This project is not within a designated Redevelopment Agency Project Area. 10. Hours of Construction. The developer shall comply with Chapter 17.78, Noise Control, of the Lake Elsinore Municipal Code. In addition, construction shall be limited to the hours of 7 a.m. to 5 p.m., Monday through Friday. No construction activity shall be allowed on Saturdays, Sundays or legal holidays. It is the developer's responsibility to ensure that contractors and subcontractors at the project site comply on his behalf. 11. 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, namely Monday through Friday between the hours of 7 a.m. to 5 p.m., with no construction on Saturdays, Sundays, or legal holidays, and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be placed on the property prior to the issuance of a grading permit or building permit. Amended by the Planning Commission, March 16, 2010. 12. Violations. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval regarding hours of construction, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Conditions of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 13. Construction and /or Sales Trailers. A cash bond of $1,000.00 shall be required for any construction or sales trailers used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. The existing community wall and HOA landscaping on Lot 131 shall be protected or replaced if damaged during the temporary use on the lot. Planning Commission Approved Page 3 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 14. Construction Phasing. The applicant shall comply with the revised Phasing Plan approved for this project. Any changes to the approved Phasing Plan shall be submitted for review and approval by the Director of Community Development or his designee, with concurrence by the Engineering, Planning, and Building Divisions, and the Fire Department. Construction phasing plans shall be implemented to avoid or minimize construction traffic entering occupied neighborhoods within the tract. 15. EVMWD The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards, including payment of applicable water and sewer connection fees. 16. Garages. Garages shall be constructed to provide a minimum of nine- feet -six- inches by nineteen - feet - six - inches (9' -6" x 19' -6 ") of interior clear space for two cars for a total interior clear space of nineteen - feet -six inches by nineteen- feet -six- inches (19' -6" X 19' -6 "). 17. Walls & Fences. All theme walls are required to be coated with anti - graffiti paint. 18. Any retaining walls visible to the public shall match the interior masonry split face block walls in color and style. 19. Construction drawings previously approved for Rosetta Hills shall apply to all wall returns, walls fronting the street between residential units, and perimeter walls. 20. Walls or fences located in any front yard shall not exceed thirty -six inches (36 ") in height with the exception that wrought -iron fences may be five feet (5') in height. Chain link fences shall be prohibited. 21. The Developer shall construct tubular steel view fencing on all slopes. 22. Where residential lots have view fencing at the rear lot line and the depth of the rear yard is greater than 30 feet, the last ten feet of wood fencing shall be replaced with tubular steel view fencing. 23. The tubular steel view fence installed along public access community trails shall be of industrial -grade material for safety purposes. Planning Commission Approved Page 4 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 24. Construction drawings for Interior Wood Fence shall comply with the City Standard Drawing Exhibit'A.' 25. A six -foot (6) decorative block wall shall be required along all side and rear property lines of the subdivision in compliance with the standards in Zoning Code Section 17.14.130.D. The "Wall and Fencing Plan" submitted and approved for the entire project shall apply. 26. FMZ. The applicant shall abide by the approved Fuel Modification Plan for Tract 31792, and all conditions of approval of said tract. a. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains arrangements with adjacent property owners to provide fuel modification zones for this project. 27. Four -sided Articulation. Full architectural treatments as depicted on exhibits or conditioned by these conditions of approval, shall be required for both the first and second story elevations. 28. Fire Department Primary & Secondary Access. The applicant shall consult with the Building and Safety Manager and Riverside County Fire Department in order to meet primary and secondary access requirements of that agency during all phases of construction once combustibles are brought to the site. The applicant shall meet all applicable County Fire Department requirements for fire protection of the project site. 29. Signage. All signage shall be reviewed and approved by the Director of Community Development or his designee, and shall require the issuance of a Sign Permit as appropriate. 30. CC &Rs The applicant shall include this project's property owners into the existing homeowners' association (HOA), and subject to the approved Covenants, Conditions and Restrictions (CC &Rs) for said HOA, prior to release of building permits. a. All open space areas, picnic areas, tot lot, walking trails, maintenance easements, detention basins and drainage facilities shall be maintained by the HOA excepting underground storm drain pipes. Planning Commission Approved Page 5 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION. 3 -16 -10 b. HOA documents have been approved by the City and recorded, such as the Articles of Incorporation and CC &Rs. The applicant shall provide evidence that the 65 lots for his project are incorporated into the HOA. C. CC &Rs shall prohibit on- street storage of boats, motor homes, trailers and trucks over one -ton capacity. d. CC &Rs shall prohibit roof - mounted or front -yard microwave satellite antennas. e. All lettered lots shall be owned and maintained by the HOA and so noted on the Final Map. f. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the City's Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for this service. g. The CC &Rs expressly designate the City of Lake Elsinore as a Third party beneficiary to the CC &Rs such that the City has the right, but not the obligation, to enforce the provisions of the CC &Rs. h. The CC &Rs designate the homeowners' association as the entity responsible for maintenance, repair, irrigation, and stability of all slopes and landscaping within the common area as such term is defined in the CC &Rs. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Director of Community Development and so noted on the Final Map. Prior to Issuance of Building /Grading Permits 31. Acknowledgment of Conditions. Within 30 days of project approval by the Planning Commission, and prior to issuance of any precise grading permits or building permits for this project, 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 Commission Approved Page 6 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 32. The applicant shall provide to the Director of Community Development within 30 days of approval, a final approved version of the project in digitized format. 33. Grading Ordinance Compliance. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. 34. Plancheck Submittal. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 35. UBC. The applicant shall submit for review and approval by the Building Division building plans that are designed to current UBC and adopted codes, and meet all applicable Building and Safety Division requirements. Building plans shall indicate compliance with applicable fire hazard zone requirements. 36. Building construction that meets fire hazard zone standards shall be used. 37. Trash Concrete Pads. Applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to each dwelling. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or his designee. 38. Driveways. Driveways shall be constructed of concrete per Building and Safety Division standards. 39. Building Addresses. The building addresses shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Developer shall obtain street addresses for all project lots prior to issuance of building permits. The addresses (in numerals at least four inches (4" high) shall be displayed near the entrance and be visible from the front of the unit. Care should be taken to select colors and materials that contract with building walls or trim. 40. Meeting with Contractor. Prior to Building Permits the Construction Supervisor shall meet with the Planning Division to review the Conditions of Approval. Planning Commission Approved Page 7 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 41. Landscape & Irrigation Plans. Landscaping Plans and Irrigation Details for each plan shall be required, Typical Front Yard Plans and a Cost Estimate shall be submitted for review and approval by the City's Landscape Architect Consultant and the Director of Community Development or Designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. Street Trees. The applicant shall install street trees to match existing street trees a maximum of thirty feet (30') apart, and at least twenty -four inch (24 ") box in size. The applicant shall plant street trees selected from the City's Street Tree List. b. Sight Visibility, Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty- six - inches (36 "). C. Water Conservation. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. The project shall adhere to the City's Landscape Design Guidelines. b. Easements. Landscaping shall be shown on both sides of any drainage easements not within a residential lot. C. Drainage facilities. Particular attention shall be given to the screening of drainage facilities from public view or adjacent residences. d. Downslopes. Down slopes adjacent to streets shall be planted and irrigated by the developer and maintained by the HOA. 42. Xeriscape Demonstration One of the proposed lots of the Model Home Complex shall be Xeriscaped and signage provided that identifies Xeriscape landscaping. 43. Revisions to Conceptual Landscape Plans The applicant shall make the following changes prior to the submittal of Construction Landscape Drawings: a. Planter areas shall be clearly identified, and each plant shall have its own symbol. North, East, South, and West exposures, as well as hydrozones, Planning Commission Approved Page 8 of 15 City Council Approved March 16, 2010 April 13, 2010 REVISED BYPLANNING COMMISSION 3 -16 -10 are required on Construction plans. b. Turf parkways shall be replaced with curb - adjacent sidewalks to comply with water efficiency standards. C. Planting areas, crushed gravel areas and mounding areas shall all be clearly distinguished from each other. d. Shrubs and ground cover palettes shall be provided. e. All slope areas shall be planted in accordance with previously approved Construction Drawings prior to the issuance of occupancy. f. Sub - surface irrigation is required for concrete areas with sod joints and tree pockets. g. Alternate the use of rosemary groundcover with another specie. h. Provide evidence that nerium oleander is no longer susceptible to pests or provide a replacement specie. i. Rain sensor shall be located where no obstruction from overhead structures such as eaves, canopies, trees, etc. Irrigation controller shall be a smart controller. 44. LEUSD. Under the provisions of SB 50, the applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permits. The applicant shall provide evidence that all required school fees have been paid. 45. Park Fees. Prior to issuance of building permits, the applicant shall pay park -in- lieu fees in effect at the time of building permit issuance. In accordance with the Conditions of Approval for Tract 31792, the applicant may contribute an equal amount to the construction of Rosetta Canyon Park. 46. MSHCP Fees. Prior to the issuance of a building permit, the applicant shall pay the City's Multi- Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 47. Ground Mounted Equipment. All mechanical and electrical equipment on the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building permits. If the equipment is placed behind the fencing, landscaping will not be required. Air conditioning and related equipment located in side yards shall maintain a minimum of 3 feet of unobstructed, leveled clearance between the equipment and the adjacent property line. Planning Commission Approved Page 9 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 a. All floor plans shall relocate air conditioning units to the side yards where seven or more feet are available in the side yard setback. Prior to Final Approval 48. Issuance of Occupancy. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 49. Painted Fencing. Prior to final approval, all wood fencing shall be painted or treated with a high - grade, solid body, penetrating stain approved by the Director of Community Development or his designee. 50. Landscaping & Irrigation Installed. All front yards and the side yards on corner lots shall be properly landscaped and irrigated with an automatic underground irrigation system to provide 100% plant and grass coverage using a combination of drip and conventional irrigation methods. a. Bond for Model Complex. Prior to the release of a certificate of occupancy, all landscape improvements for the Model Home Complex shall be bonded for 10% of the Approved Cost Estimate for labor, equipment and materials for one year. A bond covering 120% of the Approved Cost Estimate shall also cover the conversion of the model complex until it has been completely converted to single family uses including parking area. Bonds shall be limited in form to sureties provided by insurance companies, or to certificates of deposit that are in the name of the City of Lake Elsinore. b. Phasing. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a Certificate of Occupancy is requested for any building. c. Consistency with Approved Plans. Final landscape plan must be consistent with the approved site plan. d. Slope Landscaping. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have permanent irrigation systems and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior to issuance of certificate of occupancy. Planning Commission Approved Page 10 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 e. Open Space. All adjacent Open Space areas shall be completely landscaped and restored if graded, prior to issuance of a Certificate of Occupancy for the adjacent phase. f. Landscape Bond. All landscape improvements shall be bonded with a 10 percent Faithful Performance Bond for labor and materials for one year from Certificate of Occupancy. ENGINEERING DIVISION General Requirements: 51. Conditions of Approval of Tract 31792 are in effect for this project. 52. A grading plan signed and stamped by a Calif. 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. 53. The applicant shall submit for review and approval a corrected Precise Grading Plan to reflect any new amended lots. 54. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 55. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 56. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 57. Street improvements including street lighting, traffic signal, traffic signing and striping are required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and /or riverside county standards. Planning Commission Approved Page 11 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 58. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 59. 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. 60. Applicant shall pay all development impact/mitigation fees, including but not all inclusive: TUMF, MSHCP, TIF and Area Drainage Fees. 61. 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. 62. Ten -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. 63. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ' /z' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 64. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 65. 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. Planning Commission Approved Page 12 of 15 City Council Approved March 16, 2010 April 13, 2010 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009 -05 FOR D R HORTON (a) ROSETTA HILLS IN TRACT MAP 31792 REVISED BYPLANNING COMMISSION, 3 -16 -10 66. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 67. 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. 68. Roof drains shall not be allowed to outlet directly through coring in the street curb. 69. Roofs should drain to a landscaped area. 70. Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 71. 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 rp 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. Prior to Issuance of a Grading Permit 72. 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. 73. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 74. The applicant shall obtain all necessary off -site easements for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading Planning Commission Approved Page 13 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION. 3 -16 -10 permit issuance. 75. The applicant shall provide a copy of appropriate correspondence or necessary permits from Federal and /or State regulatory agencies prior to grading that affects wetlands or "waters of the United States." 76. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 77. Applicant 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. 78. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading 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 and including maintenance responsibilities. Prior to Issuance of Building Permit 79. Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development for Tract 31792 and as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 80. 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. 81. A Traffic Signal has been constructed at the intersection of Central Avenue and Conard Street, consistent with the traffic impact analysis recommendations or the Conditions of Approval for Tract 31792. 82. Street improvements shall be constructed on Conard Street, from 3rd Street to Planning Commission Approved Page 14 of 15 City Council Approved March 16, 2010 April 13, 2010 31792 REVISED BYPLANNING COMMISSION. 3 -16 -10 Central Avenue. The improvements shall include ac pavement, curb /gutter, sidewalk, signing and striping, and street lighting. 83. Offsite street improvements on Street A and 3 rd Street shall be constructed per recommendations of Tract 31792 Traffic Study. 84. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16.34). 85. When the model complex parking lot is removed, the A.C. pavement shall be taken to a recycling center, not a landfill. Prior to Occupancy 86. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 112" x 11" Mylar) shall be submitted to the Engineering Division. 87. All street improvements (onsite and offsite) including signing and striping, and street lighting and drainage improvements shall be completed in accordance with the approved plans or as condition of development for Tract 31792 to the satisfaction of the City Engineer. 88. FEMA elevation certificates shall be provided for structures within the floodplain. 89. A Traffic Signal has been constructed and operational at the intersection of Central Avenue and Conard Street. 90. Water and sewer improvements shall be completed in accordance with Water District requirements. 91. The developer shall provide documentation regarding maintenance responsibility of offsite and onsite detention basins related to this project. The City shall not be responsible for maintaining the detention basins. DEPARTMENT OF ADMINISTRATIVE SERVICES — None. (End of Conditions) Planning Commission Approved Page 15 of 15 March 16, 2010 City Council Approved April 13, 2010