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HomeMy WebLinkAboutCity Council Item No. 09CITY OF LADE L LSMONE DREAM EXI-REME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: MARCH 8, 2011 SUBJECT: VESTING TENTATIVE TRACT MAP NO. 36118: A REQUEST TO SUBDIVIDE APPROXIMATELY 77 ACRES OF LAND INTO 13 TOTAL PARCELS (3 MULTIPLE FAMILY RESIDENTIAL LOTS, 1 COMMERCIAL, 1 PARK, 3 STREET, 4 LANDSCAPE, AND 1 RIPARIAN) WITHIN THE CANYON HILLS SPECIFIC PLAN Background The applicant has submitted to the Community Development Department an application for Vesting Tentative Tract Map No. 36118. Vesting Tentative Tract Map review is necessary to ensure that all new subdivisions conform and are consistent with the City's General Plan, Zoning Code, and applicable Specific Plan. The applicant has worked diligently with staff in resolving issues relating to the proposed map. The proposed subdivision is located within, and regulated by, the Canyon Hills Specific Plan. The Specific Plan intends for those uses proposed with the Vesting Tentative Tract Map, including multi-family residential development and open space areas, to be constructed within the identified Planning Area locations. The proposed Vesting Tentative Tract Map does not conflict with the intended land uses and their respective locations, nor does the map conflict with the standards, objectives, and guidelines contained in the Canyon Hills Specific Plan. Discussion The project was presented to the Lake Elsinore Planning Commission on February 15, 2011, for review and consideration. Items for discussion at this meeting included lot requirements, opens space, acreage and future development of the site. The Planning Commission expressed satisfaction with the proposed project and voted unanimously to recommend that the City Council adopt findings that the project is exempt from the MSHCP and approve the Vesting Tentative Tract Map. AGENDA ITEM NO. 9 Page 1 of 27 Vesting Tentative Tract Map No. 36118 March 8, 2011 Page 2 of 3 The Vesting Tentative Tract Map proposes 13 parcels (3 multiple family residential lots, 3 street, 4 landscape, 1 commercial, 1 park, and 1 riparian). Staff has determined that the application complies with Chapter 8.7, (MF2) Multi-Family Attached Residential 2 District, Chapter 8.8 C-1 Neighborhood Commercial District, and Chapter 8.10 (OS) Open Space District, of the Canyon Hills Specific Plan, and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, and the California Subdivision Map Act (CSMA). Environmental clearance for the requested application is provided by the 2010 Addendum #3 to the Final Canyon Hills Specific Plan EIR. City Planning and Engineering staffs have reviewed the project, and have no concerns regarding the proposed request. Since the applicant is only considering subdivision of the project site, architectural and/or building plans for future residences, plotting plans, preliminary wall and fence plans, etc, have not been submitted for review at this time. These issues will be addressed when the applicant submits for Design Review approval in the future. Fiscal Impact Ultimately, the proposed project will have a positive fiscal impact to the community and the City. It is estimated that the future residents residing within Vesting Tentative Tract Map No. 36118 will ultimately generate sales tax revenues for the City of Lake Elsinore. In addition to the sales tax revenue that will be generated, it is anticipated that the development of the project will provide necessary construction jobs. Recommendation 1. Adopt a Resolution No. 2011- adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan; and, 2. Adopt a Resolution No. 2011-_ approving Vesting Tentative Tract Map No. 36118 based on the Findings, Exhibi~tss,, and proposed Conditions of Approval. Prepared by: Kirt A. Coury Project Planner Reviewed by: Matt Harris May Senior Planner Approved by: Robert A. Brad j City Manager Page 2 of 27 Vesting Tentative Tract Map No. 36118 March 8, 2011 Page 3 of 3 Attachments: 1. Vicinity Map 2. City Council Resolutions 3. Conditions of Approval 4. Planning Commission Staff Report with Exhibits dated February 15, 2011 5. Full Sized Plans Page 3 of 27 Page 4 of 27 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Vesting Tentative Tract Map No. 36118, which subdivides approximately 77 acres of land within the Canyon Hills Specific Plan into 13 parcels (3 multiple family residential lots, 3 street, 4 landscape, 1 commercial, 1 park, and 1 riparian) (the "Subdivision"); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ("LEAP") and 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 of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP cell criteria, and the MSHCP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 16, requests for subdivision of land are a discretionary action to be considered, reviewed, and approved, conditionally approved or denied by either the Lake Elsinore Planning Commission and/or the City Council; and WHEREAS, the City Council has considered the recommendation of Planning Commission following its consideration on February 15, 2011, as well as evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 8, 2011. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Subdivision and its exemption from the MSHCP "Plan Wide Requirements" prior to making findings that the project is indeed exempt. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the Planning Commission makes the following findings: 1. The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Subdivision is exempt from the City's MSHCP Resolution. On July 9, 1990, the City and Pardee-Grossman/Cottonwood Canyon entered into that certain Page 5 of 27 CITY COUNCIL RESOLUTION NO. 2011- PAGE 2 OF 4 development agreement (the "Development Agreement'), which expressly exempted the Developer from responsibility for any new development impact fees. The Development Agreement was amended by Amendment No. 1 dated January 12, 2010, approved by Ordinance No. 1270 which extends the project's exemption from MSHCP requirements. Even though the Subdivision is exempt from the MSHCP, the Developer must comply with other state and federal laws. Consistent with federal law, the applicant had prepared a project-specific Habitat Conservation Plan and has a history of extensive coordination with the wildlife agencies. Where approved for development, the project site has already been graded, cleared, or developed in accordance with the Project HCP. Given the foregoing, no further action regarding the MSCHP is required. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. See Response #1 above. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. See Response #1 above. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. See Response #1 above. 5. The proposed project is consistent with the UrbanMildlands Interface Guidelines. See Response #1 above. 6. The proposed project is consistent with the Vegetation Mapping requirements. See Response #1 above. 7. The proposed project is consistent with the Additional Survey Needs and Procedures. See Response #1 above. 8. The proposed project is consistent with the Fuels Management Guidelines. See Response #1 above. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. Developer is exempt from payment of the City's MSHCP Local Development Mitigation Fee by virtue of the Development Agreement. Page 6 of 27 CITY COUNCIL RESOLUTION NO. 2011- PAGE 3 OF 4 10. The proposed project is consistent with the MSHCP. See Response #1 above. SECTION 3. Based upon the evidence presented, the City Council hereby adopts the findings above regarding the Project's consistency with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8`" day of March, 2011. AMY BHUTTA MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE Page 7 of 27 CITY COUNCIL RESOLUTION NO. 2011- PAGE 4 OF 4 I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 8t" day of March 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIRGINIA BLOOM CITY CLERK Page 8 of 27 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 36118 WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Vesting Tentative Tract Map No. 36118, which subdivides approximately 77 acres of land within the Canyon Hills Specific Plan into 13 parcels (3 multiple family residential lots, 3 street, 4 landscape, 1 commercial, 1 park, and 1 riparian) (the "Subdivision"); and WHEREAS, the Subdivision is located within the Canyon Hills Specific Plan (Planning Areas 1 C, 2A, 213, 2C and 2D), which is located near the southeast corner of Canyon Hills Road and Piedmont Drive within the Canyon Hills Specific Plan area. Direct access to the project site is available from Railroad Canyon Road; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions to the pertaining to the subdivision of land; 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: Page 9 of 27 CITY COUNCIL RESOLUTION 2011- 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 sever 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, Addendum No. 3 to the certified Final Environmental Impact Report, (the "FEIR") for the Canyon Hills Specific Plan was prepared and approved by the City Council in July 2010 to provide environmental analysis and information necessary to support approval of Vesting Tentative Tract Maps 36117 and 36118; and WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No. 3 and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR or the changes addressed in Addendum No 3; and WHEREAS, the City Council has considered the recommendation of Planning Commission following its consideration on February 15, 2011, as well as evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on March 8, 2011. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Subdivision prior to making a decision to approve the application. The City Council hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, the Subdivision does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with Subdivision were contemplated by the FEIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Subdivision. Page 10 of 27 CITY COUNCIL RESOLUTION 2011- PAGE 3 OF 5 SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Vesting Tentative Tract Map No. 36118: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. Canyon Hills Specific Plan Amendment No. 3 designates the Subdivision site as Multi Family Residential 2 (MF2), Neighborhood Commercial (C-1), and Open Space (OS). Consistent with these designations, the Subdivision will accommodate an attached multi-family residential project, a neighborhood commercial development and a park site. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Canyon Hills Specific Plan Amendment No. 3, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Canyon Hills Specific Plan Amendment No. 3. Vesting Tentative Tract Map No. 36118 is consistent with the MF2, C-1, and OS land use designations and applicable development and design standards. 3. The effects this Subdivision is 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 Subdivision is consistent with the City's General Plan, Zoning Code, and the Canyon Hills Specific Plan Amendment No. 3. The Subdivision will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the subdivision, the City Council hereby approves Vesting Tentative Tract Map No. 36118. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. Page 11 of 27 CITY COUNCIL RESOLUTION 2011- PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this 8th day of March, 2011. AMY BHUTTA MAYOR ATTEST: VIRGINIA BLOOM CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE Page 12 of 27 CITY COUNCIL RESOLUTION 2011- PAGE 5 OF 5 I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 8`h day of March 2011, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: VIRGINIA BLOOM CITY CLERK Page 13 of 27 Page 14 of 27 CONDITIONS OF APPROVAL VESTING TENTATIVE TRACT MAP NO. 36118 GENERAL 1. 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 Vesting Tentative Tract Map No. 36118, located within Canyon Hills Specific Plan (Planning Areas 1C, 2A, 2B, 2C and 2D), located on the west side of Railroad Canyon Road approximately 900 feet south of Canyon Hills Road within the Canyon Hills Specific Plan area, project attached hereto. PLANNING DIVISION 2. As provided in Section 8.5 of the Development Agreement, as amended, governing the property pursuant to Subdivision Map Act Section 66452.6, Vesting Tentative Tract Map No. 36118 shall expire the later of July 1, 2030 (the term of the Development Agreement) or two years from 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 Subdivision Map Act. 3. Vesting Tentative Tract Map No. 36118 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those standards and guidelines of the Elements contained in the Canyon Hills Specific Plan document. 5. Vesting Tentative Tract Map No. 36118 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 6. Future development shall comply with those requirements and provisions contained in the Development Agreement governing the property and First Amendment thereto dated January 12, 2010 and applicable Funding, Construction, and Acquisition Agreement(s). 7. The applicant shall participate in the City of Lake Elsinore Citywide Lighting and Landscape and Street Maintenance District, as appropriate. 8. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific Plan document and Vesting Tentative Tract Map No. 36118. 9. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2010 Addendum No. 3 to the Final Canyon Hills Specific Plan EIR. Page 15 of 27 CONDITIONS OF APPROVAL PAGE 2 OF 9 VESTING TENTATIVE TRACT MAP NO. 36118 10.All future 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. PRIOR TO FINAL TRACT MAP 11.All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 12.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 13.Street names within the subdivision shall be approved by the Community Development Director or Designee. 14.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 15.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 16.All future structural development associated with this map requires separate Design Review approval. 17. Design for all drainage basins proposed with Vesting Tentative Tract Map No. 36118 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. PRIOR TO BUILDING PERMIT/GRADING PERMITS 18. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 19.The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 20. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future development. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall ensure compliance of said program. Page 16 of 27 CONDITIONS OF APPROVAL PAGE 3 OF 9 VESTING TENTATIVE TRACT MAP NO. 36118 21. Prior to issuance of building permit, the applicant shall submit a letter of verification (will- serve letter) to the City Engineer, for all required utility services. 22.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 23.The applicant shall pay applicable fees and obtain proper clearance from the appropriate School District prior to issuance of building permits. 24.The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 25. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan. 26.The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 27. The applicant shall meet all requirements of the providing electric utility company. 28. The applicant shall meet all requirements of the providing gas utility company. 29. The applicant shall meet all requirements of the providing telephone utility company. 30.A bond is required guaranteeing the removal of all trailers used during construction. 31. All signage shall be subject to Planning Division review and approval prior to installation. 32. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 33.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. Page 17 of 27 CONDITIONS OF APPROVAL PAGE 4 OF 9 VESTING TENTATIVE TRACT MAP NO. 36118 34.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 (i.e., 7:00 A.M. - 5:00 P.M., Monday through Friday with no construction activity to occur 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 installed prior to the issuance of a grading permit. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 35.The applicant shall restrict all construction traffic from using Lost Road, south and west of the project boundary. All construction traffic will access the project area from Railroad Canyon Road. 36. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 37.Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and/or HOA. ENGINEERING DIVISION 38.All roads shall be constructed to be consistent with the Canyon Hills Specific Plan cross section for local roads. 39. The applicant shall confirm that the capacity of the detention basin is designed to detain the additional lots for this project. 40. Provide 20-foot drainage easements where storm drains cross private property. The drainage easement shall be free from any structure foot print. 41.All slopes, cut or fill, shall comply with UBC requirements for setback from adjacent property lines. Diversion of storm water flows shall not be allowed. 42.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 43. 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. 44. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). Page 18 of 27 CONDITIONS OF APPROVAL PAGE 5 OF 9 VESTING TENTATIVE TRACT MAP NO. 36118 45.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. Submit this letter prior to final map approval. 46. Construct all public works improvements per approved street plans (LEMC 12.04). Plans shall be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 47.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 48. Desirable design grade for local streets should not exceed 9%. 49. Provide sight distance analysis for ingress/egress onto Railroad Canyon Road. The sight distance shall comply with Caltrans standards. 50. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 51.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 52.The applicant shall install permanent survey monuments in compliance with the City's municipal code. 53.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to issuance of grading permit. 54. Provide street lighting and show lighting improvements as part of street improvement plans as required by City standards. 55. 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. 56. Provide fire protection facilities as required in writing by Riverside County Fire. 57. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations unless this has been previously provided. 58.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first certificate of occupancy of the project. Ail traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. Page 19 of 27 CONDITIONS OF APPROVAL PAGE 6 OF 9 VESTING TENTATIVE TRACT MAP NO. 36118 59.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 60.Apply and obtain a grading permit with appropriate security prior to building permit issuance. 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. 61. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 62.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event a study has been previously completed or the project is outside the study zone, a letter shall be submitted by a licensed geologist or geotechnical engineer confirming such a condition does not apply. 63.AII grading shall be done under the supervision of a geotechnical engineer and 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 with a drainage "V" ditch for every 30-foot of vertical slope. 64.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads prior to the issuance of any permits Applicant shall comply with all provisions of LEMC Chapter 15.72 including financial responsibility for damage to streets and security requirements of Chapter 15.72.065 65.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 66. Dedicate Street 'A' right of way width of sixty six feet (66') and Street '13' right of way width of sixty feet (60) for beneficial use of Vesting Tentative Tract Map No. 36117. 67. The finish floor elevation for all buildings shall be 2-foot above the 100-year flood elevation. 68.On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 69.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 70. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. Page 20 of 27 CONDITIONS OF APPROVAL PAGE 7 OF 9 VESTING TENTATIVE TRACT MAP NO. 36118 71. Meet all requirements of LEMC 15.68 regarding floodplain management. 72. If applicable, the applicant to provide FEMA elevation certificates prior to certificate of occupancies. 73. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of the grading plan. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 74.AII drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 75. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 76. Roof and yard drains shall not be allowed to outlet directly through cuts in the street curb without first traversing a minimum 20-feet through a landscaped area. 77.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 79. Developer shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvements and operation in the event these projects are not included with the underlying development. 80.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 81.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 permit. 82.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their Storm Water Pollution Prevention Plan (SWPPP) including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. Page 21 of 27 CONDITIONS OF APPROVAL PAGE 8 OF 9 VESTING TENTATIVE TRACT MAP NO. 36118 83. 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. 84.Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 85.Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to first Certificate of Occupancy. 86.Applicant shall cause to be recorded a CC&R's prior to first Certificate of Occupancy which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 87.Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 88.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. 89. Process required access easements prior to first GeptifiGate of OGGup@nG recordation of final map (as amended by the Planning Commission at the February 15, 2011 meeting). 90. Developer shall provide funding for the re-appropriation calculations of the assessment due to the increase in lots in the appropriate assessment district. 91. 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. ADMINISTRATIVE SERVICES DEPARTMENT 92. Prior to issuance of any building permit, the applicant shall annex into City of Lake Elsinore Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way for public landscaping within the public right of way for which the City will pay for irrigation and maintenance. Applicant shall pay to the Page 22 of 27 CONDITIONS OF APPROVAL PAGE 9 OF 9 VESTING TENTATIVE TRACT MAP NO. 36118 City a non-refundable deposit in the amount of five thousand dollars ($5,000) to cover the cost of the annexation process. COMMUNITY SERVICES DEPARTMENT 93. The Developer shall pay all applicable park fees. 94. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT 95.The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department. Page 23 of 27 CITY OF ink LADE LLSINORJE DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROBERT A. BRADY, CITY MANAGER DATE: FEBRUARY 15, 2011 SUBJECT: VESTING TENTATIVE TRACT MAP NO. 36118: A REQUEST TO SUBDIVIDE APPROXIMATELY 77 ACRES OF LAND INTO 13 TOTAL PARCELS (3 MULTIPLE FAMILY RESIDENTIAL LOTS,1 COMMERCIAL, 1 PARK, 3 STREET, 4 LANDSCAPE, AND 1 RIPARIAN) WITHIN THE CANYON HILLS SPECIFIC PLAN APPLICANT: MAYERS & ASSOCIATES, CIVIL ENGINEERING, INC., 19 SPECTRUM POINTE DRIVE, SUITE 609, LAKE FOREST, CA 92630 OWNER: PARDEE HOMES, 10880 WILSHIRE BLVD, SUITE 1900, LOS ANGELES, CA 90024 Project Request The applicant is proposing to subdivide approximately 77 acres of land into 13 parcels (3 multiple family residential lots, 3 street, 4 landscape, 1 commercial, 1 Park, and 1 riparian) pursuant to the requirements of the Canyon Hills Specific Plan, Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC), and the California Subdivision Map Act (CSMA). Project Location The proposed map is located on the west side of Railroad Canyon Road approximately 900 feet south of Canyon Hills Road within the Canyon Hills Specific Plan area (Planning Areas 1C, 2A, 213, 2C and 2D). Access to the project site is available from Railroad Canyon Road. Page 24 of 27 Vesting Tentative Tract Map No. 36118 February 15, 2011 Page 2 of 3 Environmental Setting The site is bounded on all sides by the following uses. EXISTING ZONING GENERAL PLAN LAND USE Project Multi Family MF2 (Multi-Family Attached Canyon Hills Specific Site Residential/ Residential 2), Open Space, and Plan Vacant Neighborhood Commercial, Canyon Hills Specific Plan North Vacant Open Space, Canyon Hills Canyon Hills Specific Specific Plan Plan South Vacant Open Space (including the San Canyon Hills Specific Jacinto River), Canyon Hills Plan Specific Plan East Road Railroad Canyon Road Urban Arterial West Vacant MF2 (Multi-Family Attached Canyon Hills Specific Residential 2), Canyon Hills Plan S ecific Plan Proiect Description The proposed subdivision is located within, and regulated by, the Canyon Hills Specific Plan. The Specific Plan intends for those uses proposed with the Vesting Tentative Tract Map, including multi-family residential, commercial development and open space areas, to be constructed within the identified Planning Area locations. The proposed Vesting Tentative Tract Map does not conflict with the intended land uses and their respective locations, nor does the map conflict with the standards, objectives, and guidelines contained in the Canyon Hills Specific Plan. Since the applicant is only considering subdivision of the project site, architectural and/or building plans for future residences, plotting plans, preliminary wall and fence plans, etc, have not been submitted for review at this time. These issues will be addressed when the applicant submits for Design Review approval in the future. Analysis The Vesting Tentative Tract Map proposes 13 parcels (3 multiple family residential lots, 3 street, 4 landscape, 1 commercial, and 1 riparian). Staff has determined that the application complies with Chapter 8.7, (MF2) Multi-Family Attached Residential 2 District, Chapter 8.8 C-1 Neighborhood Commercial District, and Chapter 8.10 (OS) Open Space District, of the Canyon Hills Specific Plan, and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, and the California Subdivision Map Act (CSMA). Environmental Page 25 of 27 Vesting Tentative Tract Map No. 36118 February 15, 2011 Page 3 of 3 clearance for the requested application is provided by the 2010 Addendum #3 to the Final Canyon Hills Specific Plan EIR. City Planning and Engineering staffs have reviewed the project, and have no concerns regarding the proposed request. Environmental Determination Environmental clearance and analysis for the proposed application is provided by Addendum No. 3 to the certified Final Environmental Impact Report, for the Cottonwood Hills Specific Plan. Addendum No. 3 was approved by the City Council in July 2010 to address minor changes associated with Specific Plan Amendment No. 3 to the Cottonwood Hills Specific Plan (renamed the Canyon Hills Specific Plan as part of Specific Plan Amendment No. 1). In accordance with CEQA Guidelines Section 15162, the Project does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with development of the Project were contemplated by Addendum No. 3 to the certified Final Environmental Impact Report, (the "FEIR") for the Canyon Hills Specific Plan and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Project. Recommendation a. Adopt Resolution No. 2011- adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan; and, b. Adopt Resolution No. 2011- recommending to the City Council approval of Vesting Tentative Tract Map No. 36118 based on the Findings, Exhibits, and proposed Conditions of Approval. Prepared By: Kirt A. Coury, Project Planner Reviewed By: Matthew C. Harris, Senior Planner Approved By: Robert A. Brady, City Manager Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Planning Commission Conditions of Approval 4. Draft Acknowledgement of Conditions of Approval 5. Vesting Tentative Tract Map No. 36118 (reduction) 6. Full Size Plan Page 26 of 27 ~ nx f ~ s 3 3 't ~ 1 1 a r a ais t i, i g e T e tb f .3; 7 _ 5 x 3 la ? . - S ° .~e C r ~ LLJ r OVO r~,J ~ W r-r ti ry U ~m N W V t / jv~ Z or a z i i 00 t Kam M 3 - ~ s 4 ~ p F a f lip NO" rz 1 < a E I1 ~ ,i'' e R ,'M - 1 r. . 4 4 ~ I E i) xi - p "In p k 15 i i& a ,q