HomeMy WebLinkAboutCity Council Item No. 7CITY OF _
LADE PLSINORE
DREAM EXTREME-
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY
CITY MANAGER
DATE: AUGUST 23, 2011
SUBJECT: AUTHORIZATION FOR CITY MANAGER TO ENTER INTO
CONTRACT WITH ALBERT A. WEBB ASSOCIATES TO
PREPARE CEQA COMPLIANCE DOCUMENTS FOR THE
PROJECT KNOWN AS THE "CABLE SKI/WAKEBOARD PARK"
Background
On April 26, 2011, the City Council approved the concept for the proposal of a "Cable
Ski/Wakeboard Park" within the Inlet Channel of Lake Elsinore. The City Council further
directed the City Manager and City Attorney to proceed with the necessary legal,
entitlement and environmental processes to allow for such a project. The applicant has
recently submitted the various land use applications for entitlement processing and is
also seeking approval of an environmental contract to begin preparation of the
appropriate environmental document.
The City of Lake Elsinore serves as the lead agency to evaluate the environmental
impacts of development projects proposed within the City. The Community
Development Department is responsible for the preparation of the necessary
information and, depending on the scope and size of the project, will either prepare the
environmental documents in-house or have a consultant prepare the documents and
studies. The cost of preparing the environmental analysis is paid for by the project
applicant (Scott M. Towsley; Cable Ski/Wakeboard Park) through the application fee
process.
Discussion
Pursuant to the California Environmental Quality Act (CEQA), a determination on the
appropriate type of CEQA document will be made by Staff upon completion of an Initial
Study (IS) and supporting technical studies. Should the IS provide evidence that all
impacts are less than significant or can be mitigated to a level of less-than-significant, a
AGENDA ITEM NO. 7
Page 1 of 26
CEAQ Contract for Cable Ski/Wakeboard Park
August 23, 2011
Page 2 of 2
Mitigated Negative Declaration (MND) will be the appropriate CEQA document for the
proposed project. However, should the IS conclude that there will be potentially
significant impacts that cannot be mitigated, an Environmental Impact Report (EIR) will
be prepared. Based upon the size of the project, and the anticipated level of
significance of impacts, the scope prepared by the consultant estimated the costs
associated with preparation of an MND (see attached). Should an EIR be required, this
contract could be amended by the City Council in the future.
Because of Albert A. Webb Associates extensive past experience associated with
CEQA document preparation, Staff concurs that contracting with Albert A. Webb
Associates is the best approach towards CEQA compliance for this project. The
proposed cost of preparing the environmental review is not to exceed $39,311.
Fiscal Impact
The cost of preparing the environmental review will be paid by fees collected from the
developer through the City's cost recovery program. All staff administrative time and
consultant costs are paid from the applicant's fees. There is no cost to the City.
Recommendation
Staff recommends that the City Council authorize the City Manager to enter into a
contract with Albert A. Webb Associates to prepare the CEQA compliance documents
for the Cable Ski/Wakeboard Park project, in an amount not to exceed $39,311.
Prepared by: Warren Morelion, AICPO L
Planning Manager
Approved by: Robert A. Brady+~^~
City Manager
Attachments: Vicinity Map
Albert A. Webb Associates, proposal dated 8-15-11
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A L B E R T A. A S S O C i A 7' 1 S
Corporate Headquarters Desert Region
3788 MdrayStreet I Riverside, (A 925061 T: 951,686.1070 F: 951.788.12% 36951 Cook Street #1031 Palm Desert, (A92211IT. 760.568.50051 F: 760.5683443
August 15, 2011
Mr. Kirt Coury
Planning Consultant
Community Development Department
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, California 92530
Re: Environmental Services Proposal for the Lake Elsinore Cable Ski Park
Dear Mr. Coury:
Albert A. Webb Associates (WEBB) is pleased to submit this proposal for the provision of environmental
consulting services in accordance with the California Environmental Quality Act (CEQA) for the Lake
Elsinore Cable Ski Park Project. Our proposal consists of a Project Understanding (Exhibit "A"), Scope of
Services (Exhibit "B"), and Compensation Schedule (Exhibit "C), all of which are attached hereto for
your review.
We appreciate this opportunity to be of service to you and your department. If you have any questions,
please do not hesitate to contact the undersigned at 951.686.1070.
Sincerely,
ALBERTA. WEBB ASSOCIATES
Sonya Hooker
Director, Planning and Environmental Services
cc: Scott M. Towsley, Towsley Welding & Construction
Jonathan D. Skeith, P.E., California Regional Engineers, Inc.
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Exhibit "A"
Project Understanding
WEBB understands the proposed project includes the development of a cable ski park within the inlet
Channel of Lake Elsinore, adjacent to Lakepoint Park. The project includes the elements listed below:
1. Placement of several tall metal towers in the Inlet Channel, with cabling running between them;
2. Installation of wakeboarding structures in the Inlet Channel;
3. Installation of docks in Inlet Channel;
4. Installation of lighting to allow for nighttime use;
5. Establishment of operating headquarters at Lakepoint Park, with the placement of two mobile
offices in the southeast corner of Lakepoint Park;
6. Creation of approximately 60 additional dirt parking spaces at Lakepoint Park by grading the
elevated maintenance roadway to match the existing grade of the park's existing dirt parking
lot; and
7. Installation of stairway or ramp for patrons to access beach from Lakepoint Park.
Because the site is located within Lake Elsinore, it places structures within features that qualify as
waters of the U.S. and/or State and is located in close proximity to Native American cultural resources;
the CEQA document will need to specifically analyze the issue areas of Biological Resources and Cultural
Resources. Because of the size and nature of the proposed development, a quantitative traffic, air
quality/greenhouse gas emissions, and noise analyses are not anticipated to be required and are not
included in the scope. Compliance with the Western Riverside Multiple Species Habitat Conservation
Plan (MSHCP) is required including a Habitat Assessment for burrowing owl narrow endemic plant
species and criteria area plant species. As the project is located within a Criteria Cell Joint Project Review
with the Regional Conservation Authority (RCA) is also required. However, as the project is not mapped
as Public-Quasi-Public (PQP) replacement habitat is not required for this project. Due to the nature of
the project and minimal to negligible impacts it is not anticipated that a Riparian-Riverine Determination
of Biologically or Superior Preservation (DBESP) analysis and report would be required. However, a
MSHCP compliance report that outlines how the project will comply with or not conflict with the plan,
including Riparian-Riverine resources, is required for Joint Project Review and will be completed.
Please contact us immediately if our understanding of the project needs are not consistent with your
understanding, so that the scope can be revised accordingly.
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Exhibit "B"
Scope of Services
Prior to kicking off the CEQA, CEQA Background Research and Consultation with the City and Regulatory
Permitting Agencies will be conducted to determine the necessary level of CEQA document, Task 1. The
cost for an Initial Study/Negative Declaration or Mitigated Negative Declaration is included. If it is
determined through background research and consultation that regulatory permits are required then
Task 4 will be authorized.
To summarize the proposed options, the scope of work will include the following tasks and associated
fees:
1) Background CEQA Research, City Consultation, Regulatory Permitting Agency Consultation;
and
2) Preparation of Technical Studies and Joint Project Review; and
3) Preparation and distribution of an Initial Study/Negative Declaration or Mitigated Negative
Declaration (IS/ND or MND); and
4) Regulatory permitting.
The specific items and deliverables associated with each task are discussed in the following paragraphs.
Task 1: CEQA Background Research, City Consultation, and Agency Consultation
WEBB will review the State CEQA Guidelines to determine if an NOE can be prepared. Webb will review
the current and proposed Nationwide Permits and confirm that the proposed project will qualify for a
Nationwide Permit (pending additional project information from applicant). Additionally, WEBB will
collect and review data relative to the project (including review of regulatory permits under Section 401
and 404 of the Clean Water Act) and consult with the following entities to determine what level of CEQA
document will be prepared:
➢ City of Lake Elsinore Community Development Department and applicant;
➢ Regulatory Permitting Agencies: California Department of Fish and Game (CDFG) and the
Regional Water Quality Control Board (RWQCB);
➢ U.S. Army Corps of Engineers (USACE).
One (1) meeting will be coordinated with the City of Lake Elsinore in order to solicit feedback on the
proposed development and level of CEQA document required. Review of regulations and telephone and
email communication with staff at the regulatory agencies will be conducted in order to solicit feedback
on the proposed development and permits required.
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Task 2: Technical Studies and Joint Project Review
The CEQA document will be informed by project-specific technical studies for biological resources and
cultural resources.
Biological Resources
To determine whether there are any potential constraints with respect to biological resources on the
project site, Ecological Sciences will:
➢ Prepare a General Biological Assessment Report to document findings of the literature review
and biological field surveys. The report will also include a habitat assessment for burrowing owls
and narrow endemic and criteria area plants and a section outlining MSHCP compliance. (This
task does not include any additional biological/focused surveys, or DBESP analysis/report.)
➢ Webb will prepare a Joint Project Review application form and submit to the RCA with the
required information. Webb will consult with the RCA to answer questions and provide any
requests for additional information. One meeting with RCA staff in Riverside is included. (1PR
application fee is to be paid directly by City or applicant.)
The scope of work is based on the assumption that suitable habitat will not be found. Should suitable
habitat be found that requires focused surveys, additional budget will be required.
Cultural Resources
Since there are documented pre-historic-period sites in the vicinity of the project site (Inlet Channel), to
determine whether there are any potential constraints with respect to cultural resources on the project
site, CRM TECH will:
➢ conduct an historical/archaeological resources records search at the Eastern Information Center
located at the University of California, Riverside and conduct historical background research
using archival materials and early maps depicting the project area to ascertain past uses and
possible historical associations;
➢ visit the project area to observe current conditions;
➢ request a sacred lands record search from the Native American Heritage Commission and
contact local Native American representatives regarding resources in and around the project
area; and
➢ prepare a report stating the findings, conclusions, and recommendations.
The scope of work is based on the assumption that cultural resources will not be found that need to be
recorded or discussed. Should any resources be found that require recordation, additional budget will
be required.
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Task 3: Preparation of an Initial Study/Mitigated Negative Declaration/Public Noticing
The Initial Study/Negative Declaration or Mitigated Negative Declaration (IS/MND) will be informed by
project-specific technical studies described under Task 2. The following assumptions were used in the
preparation of the scope of services for Task 3:
➢ The level of documentation required under CEQA is an IS/MND;
➢ The results of the biological and cultural resources technical studies with be included as
Appendices to the IS/MND;
➢ Based on the size and nature of the project, WEBB's scope of services does not include the
preparation of a traffic study, air/greenhouse gas study, or noise study. A site visit, with the
intent to be scheduled during a ball game at adjacent park, will be conducted to review existing
nighttime lighting in the area as well as take ambient noise monitoring readings. Webb will
provide the applicant with information on lighting for another project but additional research
regarding types of lighting and potential spillage impacts is not included. The traffic, air quality,
greenhouse gas, noise and aesthetics sections of the IS/MND will be prepared qualitatively;
➢ The IS/MND will be circulated to public agencies and the State Clearinghouse via overnight
delivery providing proof of receipt;
➢ The Notice of Intent (NOI) will be circulated to no more than 50 property owners, via U.S. Mail,
return receipt requested, or overnight delivery, so that the distribution may be tracked;
➢ Five (5) hard copies of the Screencheck IS/MND will be provided to the City for review and
comment;
➢ WEBB will incorporate one (1) round of revisions and produce the Public Review IS/MND;
➢ Fifteen (15) hard copies of the Public Review IS/MND will be mailed to the State Clearinghouse
along with the Notice of Completion and Environmental Document Transmittal;
➢ A maximum of ten (10) hard copies of the Public Review IS/MND will be provided to the City and
mailed to local libraries, with technical appendices on CD; and
➢ A maximum of: Twenty (20) bound copies of the final IS/MND, the Mitigation Monitoring and
Reporting Program (MMRP), and responses to comments (RTCs) (including CDs containing
IS/MND, technical appendices, MMRP and RTCs); and five (5) bound copies of the final IS/MND,
with hard copies of the technical appendices, including the MMRP and RTCs will be provided to
the City.
➢ WEBB has budgeted time to attend one meeting with the City during preparation of the MND
and attend one (1) City Council hearing in addition to coordination with subconsultants.
This task includes those services necessary to prepare an initial study (IS) and adopt a mitigated negative
declaration (MND) per Sections 15063 and 15070-15075 of the State CEQA Guidelines.
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Prepare and Process Initial Study and Mitigated Negative Declaration
Specific tasks to prepare, process, circulate, and approve the IS/MND include:
➢ Prepare an IS per Section 15063 of the State CEQA Guidelines with sufficient detail to make a
determination as to whether impacts resulting from the construction of the proposed project
are less than significant or less than significant with mitigation, in which case an MND may be
prepared. The IS will include color graphics and technical reports to support the analyses.
In the event potentially significant impacts are identified for which there is no mitigation that
will reduce the impact to less than significant, W EBB will immediately notify the City that an
environmental impact report (EIR) may be required.
➢ Submit the screencheck IS/MND to the City for review and comment.
➢ Incorporate revisions based on one (1) round of staff comments on the screencheck Draft IS and
prepare the public review IS/MND document.
➢ Print and comb bind up to ten (10) hard copies of the IS/MND with technical appendices on CD.
➢ Prepare the Notice of Completion and Environmental Document Transmittal.
➢ Distribute the IS/MND for a 30-day public review period per Section 15073 of the State CEQA
Guidelines.
➢ Prepare responses to comments received during the 30-day public comment period.
➢ Prepare the Mitigation Monitoring and Reporting Program (MMRP) per Section 15097 of the
State CEQA Guidelines.
➢ Prepare (on the City's behalf), all legal notices, including the Notice of Intent to Adopt a
Mitigated Negative Declaration, and the Notice of Determination.
➢ Distribute and post the CECIA notices.
➢ Provide the City with up to a maximum of: Twenty (20) bound copies of the final IS/MND, the
Mitigation Monitoring and Reporting Program (MMRP), and responses to comments (RTCs)
(including CDs containing IS/MND, technical appendices, MMRP and RTCs); and five (5) bound
copies of the final IS/MND, with hard copies of the technical appendices, including the MMRP
and RTCs.
Task 4: Regulatory Permitting
If determined in the background and consultation process (Task 1) that regulatory permits will be
required Ecological Sciences, Inc. biologist will prepare the permit applications, including U.S. Army
Corps of Engineers (ACOE) 404 Nationwide Permit Pre-Construction Notification, Regional Water Quality
Control Board 401 Water Quality Certification Application, and California Department of Fish and Game
Notification of Lake or Streambed Alteration Agreement. Coordination with the regulatory agencies to
answer questions, provide additional information, and negotiate permit or mitigation conditions is
included. It is not anticipated that regulatory staff will request a field visit or meetings and this is not
included in the scope. It is anticipated that if a 404 permit is required the project would qualify for a
Nationwide Permit from ACOE. Permit application fees and compensatory mitigation is to be paid
directly by applicant.
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Exhibit "C"
Compensation Schedule
Professional Services as outlined in Exhibit "B," shall be provided on a fixed-fee basis as follows
1 CECtA Background Research, City Consultation, Agency Consultation
$ 6,492
2 Technical Studies
Biological Resources Assessment Report
6,472
Cultural Resources Investigation
3,402
Joint Project Review
1.289
Subtotal Task 2 Technical Studies
$ 11,163
3 Initial Study/ Mitigated Negative Declaration
18,906
Initial Study Printing, Reproduction, and Postage
2.750
Initial Study / Mitigated Negative Declaration Total
$ 39.311
4 Regulatory Permitting
13,877
Task budgets are estimates and will be used interchangeably as needed but not to exceed the budget
total. Any additional services requested outside this scope will be provided under separate contract
addenda for additional fees. Invoices will be submitted monthly based on the percentage of work
completed. All invoices shall be due and payable upon receipt. If invoices remain unpaid after 30 days,
work on project will cease and interest of 1.5% per month shall be charged on unpaid balances.
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Page 12 of 26
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
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 the Residential Design Review projects attached hereto.
PLANNING DIVISION
2. Design Review approval for Residential Design Review No. 2011-03 will lapse and be void
unless a building permit is issued within two (2) years of the approval date. The
Community Development Director 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.
3. All construction shall comply with these Conditions of Approval and those provisions and
requirements contained in the East Lake Specific Plan and Lake Elsinore Municipal Code,
prior to issuance of certificate of occupancy and release of utilities.
4. All site improvements shall be constructed as indicated on the approved building elevations
and site plans for the Residential Design Review and the model home complex.
5. Future site plotting and construction shall be consistent with these Conditions of Approval,
those conditions approved with Tentative Tract Map No. 31920 and those provisions and
requirements contained in the Municipal Code, subject to approval by the Community
Development Director or designee.
6. The following architectural details shall be provided:
• All front fence returns will be decorative masonry walls. Wood fences will not be
allowed along the front elevation.
• Additional architectural enhancements and treatments shall be provided for those
side and rear elevations that are within the public view. The applicant shall
indicate which specific side and/or rear elevations will be afforded with enhanced
architectural treatments on future precise grading plans, subject to approval by
the Community Development Director or designee.
• Nine (9) different color schemes will be provided.
Planning Commission Page 1 of 14 City Council
August 2, 2011
Page 13 of 26
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
7. All weep screeds shall be a maximum three inches above any hard surface and four inches
above any earth surface.
8. Any revisions to approved site plans or building elevations shall be reviewed and approved
by the Community Development Director or designee.
9. Materials and colors depicted on the materials board shall be used unless modified by the
Community Development Director or designee.
10.The applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0"
adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area
shall conceal the trash barrels from public view, subject to the approval of the Community
Development Director or designee. Precise grading plans shall identify the location of the
aforementioned flat concrete pad and air conditioning units.
11. The building addresses (in numerals at least four inches high) shall be displayed near the
entrance and easily visible from the front of the unit and public right-of-way. The applicant
shall obtain street addresses for all production lots prior to issuance of building permit.
12.The 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 techniques. Interim
erosion control measures shall be provided 30 days after the site's rough grading, as
approved by the City Engineer.
13. The applicant shall comply with all applicable City Codes and Ordinances.
14. Prior to issuance of building permit, building plans for the model home complex shall
comply with all American Disabilities Act (ADA) requirements, including provision of a
handicapped-accessible bathroom.
15.A cash bond shall be required for the model home complex. This bond is to guarantee
removal of the temporary fencing material, parking lot, etc. that have been placed onsite for
the model home complex. The bond will be released after removal of the materials and the
site is adequately restored, subject to the approval of the Community Development Director
or designee.
16.A cash bond of shall be required for any garage conversion of the model(s). Bonds will be
released after removal of all temporary materials and the site is adequately restored,
subject to the approval of the Community Development Director or designee.
Planning Commission Page 2 of 14 City Council
August 2, 2011
Page 14 of 26
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
17.A cash bond shall be required for any construction trailers used during construction. Bonds
will be released after removal of trailers, subject to the approval of the Community
Development Director or designee.
18.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to
issuance of building permit.
19.The project shall connect to sewer and meet all requirements of the Elsinore Valley
Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to
the EVMWD and shall incorporate all district conditions and standards.
20. The design and construction of the project shall meet all County Fire Department standards
for fire protection.
21.All mechanical and electrical equipment associated with the residences shall be ground
mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a
central location and architecturally screened behind fence returns, subject to the approval
of the Community Development Director or designee, prior to issuance of building permit.
22.All front yards and side yards on corner lots shall be properly landscaped with automatic
(manual or electric) irrigation system to provide 100 percent plant and grass coverage
using a combination of drip and conventional irrigation methods. The final
landscaping/irrigation plan is to be reviewed and approved by the City's Landscape
Architect Consultant and the Community Development Director or designee. A Landscape
Plan check fee will be charged prior to final landscape approval based on the Consultant's
fee plus 40 percent.
• The applicant shall plant street trees, selected in conformance with the City's Street
Tree List, at a maximum of 30 feet apart and at least 24-inch box in size.
• Planting within 15 feet of ingress/egress points shall be no higher than 36 inches.
• 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.
• All landscape improvements shall be bonded with a 100 percent Faithful Performance
Bond for materials and labor for two years from last Certificate of Occupancy (As
amended by the Planning Commission at the August 2, 2011 meeting).
Planning Commission Page 3 of 14 City Council
August 2, 2011
Page 15 of 26
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
• 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.
• One of the proposed lots of the model home complex shall be Xeriscaped and signage
provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design
that minimizes water use by:
1. Implementing hydrozones;
2. Minimizes high water-use plant material as identified by WUCOLS (such as turf)
and incorporates water-efficient ("drought-tolerant' / climate-appropriate) plants;
3. Requires an efficient irrigation system that includes:
A. ET-Based ("Smart irrigation") controller(s) with weather-sensing, automatic
shut-off and seasonal adjustment capabilities;
B. Efficient irrigation water application through use of:
a. Low-volume point-source irrigation (such as drip irrigation and
bubblers) for all shrub planter areas (maximum of 3:1 slope) with a
minimum irrigation efficiency of 0.90 ; and/or
b. Spray or rotor-type nozzles for areas a minimum of eight (8) feet
wide, for slopes 3:1 and greater, AND with a minimum irrigation
efficiency of 0.71
4. Improvement of soil structure for better water retention; and
5. Application of mulch to hinder evaporation
• The Final landscape plan shall be consistent with any approved site and/or plot plan.
• The Final landscape plan shall include planting and irrigation details.
23. The applicant shall extend the stone and siding material along the garage side for the Plan
1 Craftsman and Traditional elevations to wrap and return to the front entry, subject to the
approval of the Community Development Director or designee.
24.All exposed slopes in excess of three feet in height within the subject tract and within
private lots shall have a permanent irrigation system and erosion control vegetation
installed, as approved by the Planning Division, prior to issuance of certificate of
occupancy.
Planning Commission Page 4 of 14 City Council
August 2, 2011
Page 16 of 26
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
25. Fences located in any front yard shall not exceed three feet in height with the exception
that wrought-iron fences may be five feet in height. Chain link fences shall be prohibited.
26. Garages shall be constructed to provide a minimum of twenty feet by twenty feet (20' x 20)
of interior clear space to accommodate two vehicles.
27. Prior to issuance of any precise grading permit or building permit, 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.
28. These Conditions of Approval and those conditions approved with Tentative Tract Map No.
31920 shall be reproduced on subsequent building plans prior to issuance of building
permit.
29. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and
construction activity. Site preparation activity and construction shall not commence before
7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall
not take place on Saturday, Sunday, or any Legal Holidays.
30. The applicant shall pay all appropriate City fees.
31.The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP)
Local Development Mitigation Fee prior to obtaining building permits.
32.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 and a statement that
complaints regarding the operation can be lodged with the City of Lake Elsinore Code
Enforcement Division (951) 674-3124.
33.The Homeowner's Association shall maintain all project improvements and facilities,
including the landscaping, park facilities, and drainage improvements.
34.If applicable, the applicant shall participate in the City's Lighting and Landscape
Maintenance District.
35. The developer shall comply with all of the terms and conditions of that certain First
Amended and Restated Development Agreement Between the City of Lake Elsinore and
Laing-CP Lake Elsinore LLC" which recorded on December 17, 2004 in the Official
Records of Riverside County, California as Instrument No. 1001282 and the First Operating
Memorandum of Understanding dated November 23, 2010 by and between the City and
McMillin Summerly, LLC, the successor in interest to Laing, including without limitation the
requirements of Section 12.10 relating to the provision of affordable housing or (at the
Planning Commission Page 5 of 14 City Council
August 2, 2011
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CONDITIONS OF APPROVAL FOR
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SUNSET HILLS AT SUMMERLY LAKE ELSINORE
election of the developer) payment of an Affordable Housing Fee in the amount of One
Dollar and Thirty Cents ($1.30) per square foot of assessable space.
ENGINEERING DIVISION
General Requirements:
36.This project shall comply with the applicable Conditions of Approval of Tentative Tract
31920 as approved by city Council on July 27, 2004.
37. Applicant shall provide a copy of recorded documentation transferring rights under the 2004
"First Amended and Restated Development Agreement between the city of Lake Elsinore
and Laing-CP Lake Elsinore, LLC" to them.
38.Construction phasing and activity shall be coordinated to minimize exposure to occupied
residences and residential traffic.
39.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.
40.All slopes and landscaping except for public parks and school sites shall be maintained by
the property owner or property owner's association or another maintenance entity approved
by the City Council.
41.In accordance with the City's Franchise Agreement for waste disposal & recycling, the
developer shall be required to contract with CR&R Inc. for removal and disposal of all
waste material, debris, vegetation and other rubbish generated during cleaning, demolition,
clear and grubbing or all other phases of construction.
42. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by
development of the site and or diversion of drainage.
43.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.
44. The developer 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.
Planning Commission Page 6 of 14 City Council
August 2; 2011
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CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
45.All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared
by a Registered Civil Engineer in the appropriate field (As amended by the Planning
Commission at the August 2, 2011 meeting).
FEES
46.The developer shall pay all Engineering Division assessed Capital Improvement, Plan
Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: Stephens
Kangaroo Habitat Fee (K-Rat), Traffic Infrastructure Fee (TIF), Transportation Uniform
Mitigation Fee (TUMF), and Drainage Fee. Fee rate will be assessed at the prevalent rate
at time of payment in full.
FLOOD PLAIN
47.Site development along the wetlands shall require special grading and erosion control
requirements (LEMC Title 15)
48.Meet all requirements of LEMC 15.68 regarding floodplain management. Finish floor
elevation of all buildings shall be a minimum of 1267 ft.
49. The developer shall provide written, signed and sealed certification from a registered Civil
Engineer or licensed Land Surveyor that the finished floor of each structure is at or above
the elevation of 1267 ft.
50. Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
51. Projects in the back basin shall comply with the special conditions to Permit No. 88-00215-
00-RRS (Lake Elsinore Management Project)
STORM WATER MANAGEMENT / POLLUTANT PREVENTION
52.The developer shall provide erosion control measures and best management practices
(BMP's) as part of their grading and improvement plans. The developer 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.
53.The developer shall provide BMP's that will reduce storm water pollutants from parking
areas and driveway aisles. (Required for lot of one acre or more).
54.All storm drain inlet facilities shall be appropriately marked "No Dumping, Drains to Lake"
using the City authorized marker to prevent illegal dumping in the drain system.
Planning Commission Page 7 of 14 City Council
August 2,2011
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CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
55. Education guidelines and Best Management Practices (BMP) shall be provide 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)
56.The developer shall prohibit the discharge of waste into the storm drain system or local
surface waters in accordance with City of Lake Elsinore ordinances for storm water
management and discharge control and with state and federal law. 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.
57.The developer shall submit a Storm Water Pollution Prevention Plan (SWPPP) to the City
for review.
58. The developer shall update the Master Builder's approved Water Quality Management Plan
(WQMP) and submit to the City. Approval of the submitted WQMP is required prior to
grading permit issuance.
59.The WQMP shall provide measures to minimize the impact from the pollutants of concern
and hydrologic conditions of concern identified for the project. Where the pollutants of
concern include pollutants that are listed as causing or contributing to impairments of
receiving waters, BMPs must be selected so that the project does not cause or contribute
to an exceedance of water quality objectives. The WQMP shall provide information
regarding design considerations, and the long-term operation and maintenance
requirements for BMPs requiring long-term maintenance as well as the mechanism for
funding the long-term operation and maintenance of the BMPs.
60. DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices
(BMPs) shall be posted to inform users of this development of environmental awareness
and good housekeeping practices that contribute to protection of storm water quality and
meet the goals of the BMPs in Supplement "A" of the Riverside County NPDES Drainage
Area Management Plan.
IMPROVEMENTS
61.An Encroachment Permit shall be obtained prior to any work in City and/or State right-of-
way; this includes installation of sidewalks, driveways, etc. The developer shall submit the
permit application, required fees and documents prior to issuance.
Planning Commission Page 8 of 14 City Council
August 2, 2011
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CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
62.Any revisions to existing improvements (driveways, sidewalks, etc.) shall to be made on the
existing street improvement plans concurrent with the precise grading plan check. A formal
submittal of the revision for plan check is required.
63.All landscaping and fencing at intersections shall meet City Sight Distance Standards.
64. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
65.The developer shall install or protect in place existing permanent bench marks and curb
markers per City of Lake Elsinore Standards and at locations to be determined by City
Engineer.
66.10 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.
67.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.
68.A drainage study shall be provided. The study shall identify the following: identify storm
water runoff from and upstream of the site; show existing and proposed off-site and 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 capacities necessary to accomplish the
desired results.
69.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.
70.All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works
Standard Plans.
71.The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant
locations per Lake Elsinore Standards.
Planning Commission Page 9 of 14 City Council
August 2, 2011
Page 21 of 26
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
72.All streets and improvements in the right of way shall be constructed per Lake Elsinore City
Standards. Any deviation from City standards shall be approved by the City Engineer.
73. Submitted street improvement plans and revisions to existing plans shall be prepared by a
Registered Civil Engineer.
74. The developer shall provide signing and striping plans for the required improvements of this
project. The plans shall also incorporate traffic calming measures on local streets.
PRIOR TO GRADING PERMIT
75. Prior to commencement of grading operations, developer 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 route shall be
submitted prior to issuance of a grading permit. Export sites located within the Lake
Elsinore City limits must have an active grading permit. Hauling of over 5,000 cy subject to
City Council approval (LEMC 15.72.065). Costs incurred by City in conjunction with
approval of the haul route shall be paid by the applicant.
76.Applicant to provide to the City a video record of the condition of all proposed public City
haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring
public roads to the baseline condition. A bond may be required to ensure payment of
damages to the public right-of-way, subject to the approval of the City Engineer.
77.A grading plan signed and stamped by a California Registered Civil Engineer shall be
submitted for City review and approval for all addition and/or movement of soil (grading) on
the site. The plan shall include separate sheets for erosion control, haul route and traffic
control. The grading submittal shall include all supporting documentation and be prepared
using City standard title block, standard drawings and design manual (available at
www.lake-elsinore.org).
78.AII grading plan contours shall extend to minimum of 50 feet beyond property lines to
indicate existing drainage pattern.
79.The grading plan shall show that no structures, landscaping, or equipment are located near
the project entrances that could reduce sight distance.
80. If the grading plan identifies alterations in the existing drainage patterns as they exit the
site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be
required prior to issuance of grading permits. All grading that modifies the existing flow
patterns and/or topography shall be approved by the City Engineer.
Planning Commission Page 10 of 14 City
Council
August 2, 2011
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CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
81.AII grading shall be done under the supervision of a geotechnical engineer. Slopes steeper
than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the
City.
82.The developer shall obtain all necessary off-site easements and/or permits for off-site
grading and/or drainage acceptance from the adjacent property owners.
83. Developer shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
84.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is
required prior to commencement of ANY grading activity.
85. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste
Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board
for the National Pollutant Discharge Elimination System (NPDES) program.
86. Review of the project Storm Water Pollution Prevention Plan (SWPPP) and sediment and
erosion control plan shall be completed. A copy of the current SWPPP shall be kept at the
project site and be available for review upon request.
87.Approval of the project Water Quality Management Plan (WQMP) for post construction
shall be received prior to issuance of a grading permit. WQMP review will be based upon
2002 Project approval and/or in compliance with local, state and federal regulations.
88. Submit an approved environmental clearance document to the Engineering Division. This
approval shall identify and clear all proposed grading activity anticipated for this project.
89. Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in an applicable development agreement,
Stephens Kangaroo Rat Habitat.
90. Provide final soils, geology and seismic report, including recommendations for parameters
for seismic design of buildings, and walls prior to building permit.
PRIOR TO ISSUANCE OF BUILDING PERMIT
91.AII required public right-of-way dedications and easements shall be prepared by the
developer or his agent and shall be submitted to the Engineering Division for review and
approval prior to issuance of building permit.
Planning Commission Page 11 of 14 City
Council
August 2, 2011
Page 23 of 26
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
92.All internal street improvement and signing and striping plans shall be completed and
approved by the City Engineer.
93. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan
Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
94. The developer 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).
95.All signing and striping and traffic control devices for the required improvements internal to
TR 31920-6 shall be installed.
96.All public improvements internal to TR 31920-6 shall be completed in accordance with the
approved plans or as condition of this development to the satisfaction of the City Engineer.
97.All water and sewer improvements shall be completed in accordance with Water District
requirements.
98. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape
areas, and drainage facilities shall be provided.
99.TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment
in full in accordance with the LEMC.
100. As-built plans shall be completed and signed by the City Engineer.
101. All improvement plans and recorded maps shall be digitized. The developer shall submit
tapes and/or discs which are compatible with City's ARC Info/GIS.
102. Final soil report showing compliance with recommendations, compaction reports, grade
certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall
be submitted in tif format on CD to the Engineering Division before final inspection will be
scheduled.
103. All required public right-of-way dedications, easements, dedications and vacations and
easement agreement(s) for ingress and egress through adjacent property(ies)shall be
recorded with a recorded copy provided to the City prior to final project approval.
Planning Commission Page 12 of 14 City
Council
August 2, 2011
Page 24 of 26
CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
104. Documentation of responsibility for slope maintenance along right-of-ways and open
spaces to be maintained by the HOA or other entity shall be provided in a recordable
format and recorded prior to occupancy/final.
105. In the event of damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition.
106. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a
certificate of occupancy, developer shall:
• Demonstrate that all structural BMPs required for TR 31920-4 have been
constructed, installed and are functioning in conformance with approved plans and
specifications and the WQMP;
• Demonstrate that they are prepared to implement all non-structural BMPs required
for TR 31920-4 included in the conditions of approval or building/grading permit
conditions;
Demonstrate that an adequate number of copies of the approved project specific
WQMP required for TR 31920-4 are available for the future owners/occupants; and
• The developer shall provide all education guidelines for Water Quality Management
Practices to the separate owners of the development, regarding the environmental
awareness on practices that contribute to protection of storm water quality and meet
the goals of the approved WQMP in the Riverside County NPDES Drainage Area
Management Plan. Contact the City NPDES Coordinator for handout/guideline
information.
107. The property owner shall provide recorded documentation that informs future property
owners/ home owners association of the requirement to implement the approved final
project-specific WQMP.
108. Developer shall pay all outstanding applicable processing and development fees including
but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area
drainage prior to occupancy/final approval.
109. As-built plans for all approved plan sets shall be submitted for review and approval by the
City. The developer/developer/owner is responsible for revising the original mylar plans.
Once the original mylars have been approved, the developer shall provide the City with a
CD/DVD of the "as built" plans in tif format.
110. All final studies and reports shall be submitted in tif format on a CD/DVD. Studies and
reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc.
Planning Commission Page 13 of 14 City
Council
August 2, 2011
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CONDITIONS OF APPROVAL FOR
RESIDENTIAL DESIGN REVIEW NO. 2011-03
SUNSET HILLS AT SUMMERLY LAKE ELSINORE
111. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans.
*ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California
Zone VI U.S. Fleet.
COMMUNITY SERVICES DEPARTMENT
112. The Developer shall pay all applicable park fees.
113. 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
114. 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.
Planning Commission Page 14 of 14 City
Council
August 2, 2011
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