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HomeMy WebLinkAboutCity Council Item No. 09CITY OF LADE LSIIYOR E DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: APRIL 14, 2009 SUBJECT: TENTATIVE TRACT MAP NO. 30495 Background The project was presented to the Lake Elsinore Planning Commission on February 3, 2009, for review and consideration. Items for discussion at this meeting included lot size, green building techniques and project location. 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 Tentative Tract Map. The project was then presented to the City Council at the February 24, 2009 meeting. The City Council expressed concerns with the proposed subdivision within Planning Area 37 located at the northern portion of the map in terms of lot sizes and street widths /designations. The project was continued to the March 24, 2009 City Council meeting, however at the request of the applicant to coordinate project information and revise the map accordingly, the item was then continued to the April 14, 2009 meeting. Discussion The northern portion of the map (identified as Planning Area 37; MF2) previously proposed 136 single - family residential lots. However, since the February 24, 2009 City Council meeting, the applicant has removed the single - family residential lots and proposes no subdivision for this area at this time. It should be noted that PA 37 is designated as multifamily. Any future subdivision or development proposal for this area will require City review and approval. The revised Tentative Tract Map proposes a total of 139 single - family residential lots in the southern portion of the map (identified as Planning Area 25; SF3). The proposed residential lots in this Planning Area range in size from 4,861 square feet to 11,832 square feet, with an average lot size of 7,490 square feet. Agenda Item No. 9 Page 1 of 39 Tentative Tract Map No. 30495 April 14, 2009 Page 2 of 2 Planning Area 26 is currently vacant and is designated as a future school site within the Menifee School District. The Canyon Hills Specific Plan intends for those uses proposed with the Tentative Tract Map, including detached single - family residential development and open space areas, to be constructed within the identified Planning Area locations. The proposed 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. Recommendation 1. Adopt a resolution adopting findings that the Project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopt a Resolution approving Tentative Tract Map No. 30495 Prepared By: Kirt A. Coury,G Project Planner Approved By: Robert A. Brad City Manager Attachments: 1. Vicinity Map 2. City Council Resolution adopting Findings that the Project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP) 3. City Council Resolution No. 2009 -_ approving Tentative Tract Map No. 30495 4. Conditions of Approval 5. Planning Commission Staff Report with Exhibits dated February 3, 2009 6. City Council Staff Report and Minutes dated February 24, 2009 Page 2 of 2 Agenda Item No. 9 Page 2 of 39 � 5 _Z _U 0 U O J s � M z 0 W O g Z ID d O Y ~ ~ W ¢ p O Z 2 > Q W Q p U K K K QQZ ¢ 2 Z Q Q O J J N Z_ I / % i Y 6 � o � a � 6 z J J O 6 1= W z U F U F Q W Q W\ H y N K m K N J 4 W Q \ a 0 W O W O O N J SF. SF W J 6 K f0 Qj 2 F 0 0 Q N U N 2 H Agenda Item No. 9 Page 3 of 39 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE SUBDIVISION IS EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 30495, which subdivides 117 acres of land within the Canyon Hills Specific Plan into 139 single - family residential lots (the "Subdivision "); and WHEREAS, Section IV(D) of the City of Lake Elsinore's MSHCP Implementing Resolution expressly exempts from the MSHCP: Any project for which and to the extent that vested rights to proceed with the project notwithstanding the enactment of this Resolution exist under the common laws of the State of California, a vesting tentative map pursuant to the Subdivision Map Act, a development agreement pursuant to Government Code section 65864 et seq., or other instrument, approved or executed by the City prior to adoption of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable state and federal law. WHEREAS, public notice of the Subdivision has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 14, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council 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 City Council 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 development agreement (the "Development Agreement'), which expressly exempted the Developer from responsibility for any new development impact fees. The Development Agreement will expire on July 9, 2010. Agenda Item No. 9 Page 4 of 39 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 2 OF 4 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 Urban/Wildlands 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. 10. The proposed project is consistent with the MSHCP. See Response #1 above. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the City Council hereby finds that the Subdivision is exempt from the MSHCP. Agenda Item No. 9 Page 5 of 39 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 3 OF 4 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14 day of April 2009, by the following vote: ROBERT E. MAGEE MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE Agenda Item No. 9 Page 6 of 39 CITY COUNCIL RESOLUTION NO. 2009- PAGE 4 OF 4 I, Carol Cowley, Interim 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 14 day of April 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 9 Page 7 of 39 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 30495 WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 30495, which subdivides approximately ±117 acres of land within the Canyon Hills Specific Plan into 139 single - family residential lots (the "Subdivision "); and WHEREAS, the Subdivision is located within the Canyon Hills Specific Plan (Planning Areas 25, 26 & 37), which is located within the eastern boundaries of the City of Lake Elsinore, east of the 1 -15 Freeway. Direct access to the Specific Plan area is from the 1 -15 Freeway to Railroad Canyon Road, which crosses the northeast corner of the Specific Plan area. Tentative Tract Map No. 30495 is located near the northeast portion of the Specific Plan along the south side of Canyon Hills Road; and WHEREAS, the Planning Commission of the City of Lake Elsinore considered the proposed Subdivision at its regularly scheduled February 3, 2009, meeting and made a recommendation that the City Council approve Tentative Tract Map 30495; and WHEREAS, the City Council of the City of Lake Elsinore is responsible for making decisions 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 Agenda Item No. 9 Page 8 of 39 CITY COUNCIL RESOLUTION 2009- PAGE 2 OF 5 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: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative "; and WHEREAS, Addendum No. 2 to the certified Final Environmental Impact Report, State Clearinghouse No. 87111606 (the "FEIR ") for the Cottonwood Hills Specific Plan was prepared and approved by the City Council in March 2007 to address minor changes associated with Specific Plan Amendment No. 2 to the Cottonwood Hills Specific Plan (renamed the Canyon Hills Specific Plan as part of Specific Plan Amendment No. 2); and WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No. 2 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 2; and WHEREAS, public notice of the Subdivision has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on April 14, 2009. NOW THEREFORE, THE CITY COUNCIL 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. Agenda Item No. 9 Page 9 of 39 CITY COUNCIL RESOLUTION 2009 - PAGE 3 OF 5 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. 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 Tentative Tract Map No. 30495: 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. 2 designates the Subdivision site as Planning Area 25 single- family residential (SF2), and Planning Area 37 multi- family residential (MF2). Consistent with the designations, the Subdivision will accommodate a single- family residential project with a density of up to four (4) dwelling units per acre. Planning Area 26 is currently vacant and is designated as a future school site within the Menifee School District. The Subdivision is consistent with the designated land uses, development and design standards, and all other appropriate requirements contained in the General Plan, Canyon Hills Specific Plan Amendment No. 2, 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. 2. Tentative Tract Map No. 30495 is consistent with the SF2 and MF2 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. 2. 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). Agenda Item No. 9 Page 10 of 39 CITY COUNCIL RESOLUTION 2009 - PAGE 4 OF 5 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 Tentative Tract Map No. 30495. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 14 day of April 2009, by the following vote: ROBERT E. MAGEE MAYOR ATTEST: CAROL COWLEY INTERIM CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE Agenda Item No. 9 Page 11 of 39 CITY COUNCIL RESOLUTION 2009 - PAGE 5 OF 5 I, Carol Cowley, Interim 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 14 day of April 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: CAROL COWLEY INTERIM CITY CLERK Agenda Item No. 9 Page 12 of 39 CITY OF LADE LSINORE DREAM EXTREME- REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: FEBRUARY 3, 2009 PROJECT TITLE: TENTATIVE TRACT MAP NO. 30495 APPLICANT: MAYERS & ASSOCIATES CIVIL ENGINEERING, 19 SPECTRUM POINTE DRIVE, SUITE 609, LAKE FOREST, CA 92630 OWNER: PARDEE HOMES, 1385 OLD TEMESCAL ROAD, CORONA, CA 92881 Proiect Request The applicant is proposing Tentative Tract Map No. 30495 in accordance with development and design standards contained within the Canyon Hills Specific Plan, approved by the City Council in 2003. The Canyon Hills Specific Plan allows for the construction of single - family residential uses. The subject Tentative Tract Map proposes two hundred seventy five (275) single - family residential lots. Project Location Tentative Tract Map No. 30495 is located within the Canyon Hills Specific Plan (Planning Areas 25, 26 and 37), which are located within the eastern boundaries of the City of Lake Elsinore, east of the 1 -15 Freeway. Direct access to the Specific Plan area is from the 1 -15 Freeway to Railroad Canyon Road, which crosses the northwest corner of the Specific Plan area. Tentative Tract Map No. 30495 is located near the northeast portion of the Specific Plan along the south side of Canyon Hills Road. Environmental Setting The site is bounded on the north by Canyon Hills Road. Vacant land is identified to the south, east and west. AGENDA ITEM PAGE OF Agenda Item No. 9 Page 13 of 39 PLANNING COMMISSION STAFF REPORT FEBRUARY 3, 2009 PROJECT TITLE: TTM 30495 Project Vacant SF3 (PA 25) and MF2 (PA Canyon Hills Specific Plan Site 37), Canyon Hills Specific Plan North Road Canyon Hills Road Canyon Hills Specific Plan South Vacant Open Space (OS) and SF2 Canyon Hills Specific Plan (PA 29), Canyon Hills West I Road I Canyon Hills Specific Plan Canyon Hills S ecific Plan East Vacant Open Space (OS), Canyon Canyon Hills Specific Plan Hills Specific Plan Background In July 2008 the applicant submitted to the Community Development Department an application for Tentative Tract Map No. 30495. 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. 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 Tentative Tract Map, including detached single - family residential development and open space areas, to be constructed within the identified Planning Area locations. The proposed 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 Tentative Tract Map proposes a total of 275 single - family residential lots in two (2) adjacent Planning Areas within the Canyon Hills Specific Plan. The southern portion of the map (identified as Planning Area 25; SF3) proposes 139 single- family residential lots. The proposed residential lots in this Planning Area range in size from 4,861 square feet to 11,832 square feet, with an average lot size of 7,490 square feet. The northern portion of the map (identified as Planning Area 37; MF2) proposes 136 AGENDA ITEM PAGE Age rWa Item No. 9 Page 14 of 39 PLANNING COMMISSION STAFF REPORT FEBRUARY 3, 2009 PROJECT TITLE: TTM 30495 single - family residential lots. Although the Planning Area is designated as multifamily site, the Canyon Hills Specific Plan permits single - family uses when they comply with all requirements of the SF2, SF3 or MF1 Zoning Districts. The proposed (single - family) residential lots in this Planning Area range in size from 3,355 square feet to 8,683 square feet, with an average lot size of 4,385 square feet. Planning Area 26 is currently vacant and is designated as a future school site within the Menifee School District. Staff has determined that the application complies with Chapter 8.2, (SF3) Single - Family Detached Residential District and (MF1) Multifamily Attached Residential 1 District of the Canyon Hills Specific Plan, and Section 16 "Subdivisions" of the Lake Elsinore Municipal Code, Section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA). Environmental clearance for the requested applications is provided by the 2007 Addendum to the Final Canyon Hills Specific Plan EIR. Environmental Determination Environmental clearance and analysis for the proposed application is provided by Addendum No. 2 to the certified Final Environmental Impact Report, State Clearinghouse No. 87111606 for the Cottonwood Hills Specific Plan. Addendum No. 2 was approved by the City Council in March 2007 to address minor changes associated with Specific Plan Amendment No. 2 to the Cottonwood Hills Specific Plan (renamed the Canyon Hills Specific Plan as part of Specific Plan Amendment No. 2). 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. 2 to the certified Final Environmental Impact Report, State Clearinghouse No. 87111606 (the "FEIR ") for the Cottonwood Hills Specific Plan and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Project. Recommendation It is recommended that the Planning Commission adopt Resolution No. 2009 - recommending to the City Council adoption of findings that the project is exempt from the MSHCP, and Resolution No. 2009 -_ recommending to the City Council approval of Tentative Tract Map No. 30495 based on the Findings, Exhibits "A" and "B" and the proposed Conditions of Approval. Prepared by: Kirt A. Coury Project Planner Approved by : Tom Weiner, Acting Director of Community Development AGENDA ITEM PAGE Itep] No. 9 Page 15 of 39 PLANNING COMMISSION STAFF REPORT FEBRUARY 3, 2009 PROJECT TITLE: TTM 30495 Attachments 1. Vicinity Map 2. Resolution No. 2009 - recommending that the City Council make Findings that the Project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). 3. Resolution No. 2009 -_ recommending that the City Council approve Tentative Tract Map No. 30495. 4. Conditions of Approval. 5. Signed Acknowledgement of Conditions Form 6. Exhibits: 'A': Tentative Tract Map No. 30495 (reduction) 'B': Full Size Plan AGENDA ITEM PAGE -end I-W- No. 9 Page 16 of 39 RESOLUTION NO. 2009-11 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE SUBDIVISION IS EXEMPT FROM THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 30495, which subdivides 117 acres of land within the Canyon Hills Specific Plan into 275 single - family residential lots (the "Subdivision "); and WHEREAS, Section IV(D) of the City of Lake Elsinore's MSHCP Implementing Resolution expressly exempts from the MSHCP: Any project for which and to the extent that vested rights to proceed with the project notwithstanding the enactment of this Resolution exist under the common laws of the State of California, a vesting tentative map pursuant to the Subdivision Map Act, a development agreement pursuant to Government Code section 65864 et seq., or other instrument, approved or executed by the City prior to adoption of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable state and federal law. WHEREAS, public notice of the Subdivision has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 3, 2009. NOW, THEREFORE, THE PLANNING COMMISSION 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: 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 development agreement (the "Development Agreement', which expressly exempted the Developer from responsibility for any new development impact fees. The Development Agreement will expire on July 9, 2010. Agenda Item No. 9 Page 17 of 39 PLANNING COMMISSION RESOLUTION NO. 2009-11 PAGE 2OF4 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 Urban/Wildlands 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. 10. The proposed project is consistent with the MSHCP. See Response #1 above. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council find that the Subdivision is exempt from the MSHCP. Agenda Item No. 9 Page 18 of 39 PLANNING COMMISSION RESOLUTION NO. 2009-11 PAGE 3 OF 4 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3` day of February 2009, by the following vote: Axel Zanelli, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 9 Page 19 of 39 I PLANNING COMMISSION RESOLUTION NO. 2009-11 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009 -11 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 3 rd day of February 2009, and that the same was adopted by the following vote: AYES: ZANELLI, FLORES, O'NEAL, MENDOZA, GONZALES NOES: NONE ABSENT: NONE ABSTAIN: NONE Tom Weiner Acting.Director of Community Development Agenda Item No. 9 Page 20 of 39 RESOLUTION NO. 2009-12 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 30495 WHEREAS, Pardee Homes has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 30495, which subdivides approximately ±117 acres of land within the Canyon Hills Specific Plan into 275 single - family residential lots (the "Subdivision "); and WHEREAS, the Subdivision is located within the Canyon Hills Specific Plan (Planning Areas 25, 26 & 37), which is located within the eastern boundaries of the City of Lake Elsinore, east of the 1 -15 Freeway. Direct access to the Specific Plan area is from the 1 -15 Freeway to Railroad Canyon Road, which crosses the northeast corner of the Specific Plan area. Tentative Tract Map No. 30495 is located near the northeast portion of the Specific Plan along the south side of Canyon Hills Road; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council 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 (j 3. New information of substantial importance, which was not known and F1 could not have been known with the exercise of reasonable diligence at the time the Agenda Item No. 9 Page 21 of 39 PLANNING COMMISSION RESOLUTION 2009 -12 PAGE 2OF5 previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. "; and WHEREAS, Addendum No. 2 to the certified Final Environmental Impact Report, State Clearinghouse No. 87111606 (the "FEIR ") for the Cottonwood Hills Specific Plan was prepared and approved by the City Council in March 2007 to address minor i changes associated with Specific Plan Amendment No. 2 to the Cottonwood Hills Specific Plan (renamed the Canyon Hills Specific Plan as part of Specific Plan Amendment No. 2); and WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No. 2 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 2; and WHEREAS, public notice of the Subdivision has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 3, 2009. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Subdivision prior to making a decision to recommend that the City Council approve the application. The Planning Commission hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission 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 Agenda Item No. 9 Page 22 of 39 PLANNING COMMISSION RESOLUTION 2009 -12 PAGE 2OF5 previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. "; and WHEREAS, Addendum No. 2 to the certified Final Environmental Impact Report, State Clearinghouse No. 87111606 (the "FEIR ") for the Cottonwood Hills Specific Plan was prepared and approved by the City Council in March 2007 to address minor i changes associated with Specific Plan Amendment No. 2 to the Cottonwood Hills Specific Plan (renamed the Canyon Hills Specific Plan as part of Specific Plan Amendment No. 2); and WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No. 2 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 2; and WHEREAS, public notice of the Subdivision has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 3, 2009. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Subdivision prior to making a decision to recommend that the City Council approve the application. The Planning Commission hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission 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 Agenda Item No. 9 Page 23 of 39 PLANNING COMMISSION RESOLUTION 2009 -12 PAGE 3OF5 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. SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Tentative Tract Map No. 30495: 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. 2 designates the Subdivision site as Planning Area 25 single- family residential (SF2), and Planning Area 37 multi- family residential (MF2). Consistent with the designations, the Subdivision will accommodate a single - family residential project with a density of up to four (4) dwelling units per acre. Planning Area 26 is currently vacant and is designated as a future school site within the Menifee School District. The Subdivision is consistent with the designated land uses, development and design standards, and all other appropriate requirements contained in the,General Plan, Canyon Hills Specific Plan Amendment No. Z and Subdivision Map Act. 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. 2. Tentative Tract Map No. 30495 is consistent with the SF2 and MF2 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. 2. 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. Agenda Item No. 9 Page 24 of 39 PLANNING COMMISSION RESOLUTION 2009 -12 PAGE 4OF5 i SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the subdivision, the Planning Commission hereby recommends that the City Council approve Tentative Tract Map No. 30495. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 3 rd day of February 2009, by the following vote: Axel Zanelfi, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development Agenda Item No. 9 Page 25 of 39 ° � e m Y € # j p E pQ s sM a e # "U c � � n �i 9 as ° ZL � o � Z Y 1 } U z � GA i 3 1. �.a d Pat 1 z g € ¢.a s o p if 3 2 9s � 3 5 d 3 p33$ _ '3 b z §ea E e uJ ..P�. � 4� 3� 43� Him Lo 3x5 5x albs ? " o Ox 9 t I H Y 9 s sz7 9 V� A €° M S ,p 13a a s s aag Esf�g7 �e3i§et 9 35EP! E'.20 €iEv tae S% -�._,_ . C R 3 } "P 9 r a a I ., 3l.In eO i' I a - a 's +33a< E. ¢.a _ • aa3 z <ag ; 3� a I ., 3l.In eO i' I a - a 's +33a< E. CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30495 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 Tentative Tract Map No. 30495, located within Canyon Hills Specific Plan (Planning Areas 25, 26 & 37), near the northeast portion of the Specific Plan along the south side of Canyon Hills Road, project attached hereto. PLANNING DIVISION 2. Tentative Tract Map No. 30495 will expire 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. Future development shall comply with those standards and guidelines of the Elements contained in the Canyon Hills Specific Plan Amendment No. 2 document. 4. Tentative Tract Map No. 30495 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan Amendment No. 2 document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. 2003 -02. 6. The applicant shall participate in the City of Lake Elsinore Citywide Lighting and Landscape and Street Maintenance District, as appropriate. 7. The applicant shall provide all project - related onsite and offsite improvements as described in the Canyon Hills Specific Plan Amendment No. 2 document and Tentative Tract Map No. 304945. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2007 Addendum No. 2 to the Final Canyon Hills Specific Plan EIR. 9. 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. 10.The applicant shall comply with all conditions of the Riverside County Fire Department. Future construction shall meet all Riverside County Fire Department standards for fire Agenda Item No. 9 Page 27 of 39 CONDITIONS OF APPROVAL PAGE 2OF9 TENTATIVE TRACT MAP NO. 30495 protection and any additional requirements requested by the County Fire Department. Prior to Final Tract Map 12.All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan Amendment No. 2. 13.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). Prior to Design Review Approval 17.All future structural development associated with this map requires separate Design Review approval. 18.Design for all drainage basins proposed with Tentative Tract Map No. 30495 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Prior to Building Permits /Grading Permits 19. 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. 20.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. 21. 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. 22. Prior to issuance of building permit, the applicant shall submit a letter of verification (will- Agenda Item No. 9 Page 28 of 39 CONDITIONS OF APPROVAL PAGE 3 OF 9 TENTATIVE TRACT MAP NO. 30495 serve letter) to the City Engineer, for all required utility services. 23.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 24.The subject Tentative Map shall annex into the existing Canyon Hills Homeowner's Association. 25.The applicant shall pay applicable fees and obtain proper clearance from the appropriate School District prior to issuance of building permits. 26.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. 27. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall or tubular steel view fence will be constructed along the edges of the residential lots. Show materials, colors, and heights of rear, side and front walls /fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 28. 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. 29. The applicant shall meet all requirements of the providing electric utility company. 30. The applicant shall meet all requirements of the providing gas utility company. 31.The applicant shall meet all requirements of the providing telephone utility company. 32.A bond is required guaranteeing the removal of all trailers used during construction. Agenda Item No. 9 Page 29 of 39 CONDITIONS OF APPROVAL PAGE 4 OF 9 TENTATIVE TRACT MAP NO. 30495 33. All signage shall be subject to Planning Division review and approval prior to installation. 34. 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 or modifications approved by the City Engineer and shown on the approved Tentative Tract Map, 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. 35.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. 36.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 37.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 Canyon Hills Road. 38. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road 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. 39.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 40.All "A" Streets shall meet the street width and turn - around requirements of Riverside County Fire. Agenda Item No. 9 Page 30 of 39 CONDITIONS OF APPROVAL PAGE 5 OF 9 TENTATIVE TRACT MAP NO. 30495 41.Cul -de -sac lengths shall meet with Riverside County Fire Department requirement of 600 - feet or as otherwise approved by the Fire Department and shown on the approved tentative tract map. 42.All cut slopes shall be at a rate of 2:1 unless otherwise approved by the City Engineer. 43. Provide Drainage Easements and overland release of water that is conveyed through private lots. 44.The applicant shall install permanent monuments per Riverside County Standards and on the centerline of Canyon Hills Road at the intersection of "B" Street, "L" Street and at the tract boundary along the centerline of Lot "NN" (Kalanchoe Rd.). 45. Riverside County Fire Department shall approve all street widths that do not meet the City's minimum Street Standards that allow for on- street parking. 46.Applicant shall pay all applicable development fees, including but not limited to TUMF, MSHCP, TIF and Area Drainage Fees unless otherwise accounted for as stipulated in the development agreement or other City approved means. Fee rates shall be those in affect at the time of payment unless stipulated in the development agreement. 47.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right -of -way. If either of these criteria are exceeded, drainage facilities shall be designed and constructed. 48.All drainage improvements shall be constructed to City of Lake Elsinore Standards. Where the City Standard does not exist, the facility shall meet Riverside County Standards. Facilities larger than 36- inches in diameter shall be constructed to Riverside County Standards. 49.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8' /z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 50.Slope maintenance along right -of -ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City. 51.All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the Agenda Item No. 9 Page 31 of 39 CONDITIONS OF APPROVAL PAGE 6 OF 9 TENTATIVE TRACT MAP NO. 30495 applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 52.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 53.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. 54. Roof drains shall be allowed to outlet directly through coring in the street curb provided a clarifying basin intercepts the water before release off the tract boundary. It is the obligation of the development to provide proof the water is treated prior to leaving the site. In the event proof is not provided or is inadequate, the roof drains shall not be allowed to drain through curb cores. With lack of a master clarifying basin, all roof gutter outlets shall drain over a landscaped area for a minimum of 20 -feet before entering into a conveyance facility and into the gutter. 55. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 56.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 57. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 58. Dedicate right -of -way and construct street improvements (part-width improvements) on all public streets along the property frontage, such that the centerline to property line is consistent with the specific plan requirements. The improvements include ac pavement, curb and gutter, sidewalk, street lighting, and signing and striping. Adequate ac transition beyond project limits shall be provided. In addition, adequate drainage protection shall be provided at the end of the transition area. Agenda Item No. 9 Page 32 of 39 CONDITIONS OF APPROVAL PAGE 7 OF 9 TENTATIVE TRACT MAP NO. 30495 59. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 60.Applicant shall submit signing and striping plans and traffic control plans for the required street improvements on site and off site. All signing and striping and traffic control devices shall be installed prior to occupancy. 61.A Calif. Registered Civil Engineer shall prepare the street and traffic improvement plans. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 62. Accommodations shall be made for on -site student pick -up and drop -off for parents and school busses. 63.All traffic mitigation for school impacts including vehicles and pedestrians shall be completed prior to opening of the school. Prior to Issuance of a Grading Permit 64. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 65.An approved Drainage Study shall be provided and reviewed for approval. 66. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. 67.Construction access and hauling route shall be submitted and approved by the City Engineer, 68.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site unless approved with a previous tract within this Master Plan which includes this area. If a study has been completed as a part of a prior phase and it includes this area then this condition has been met. 70.The applicant shall obtain all necessary off -site easements and /or permits for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. Agenda Item No. 9 Page 33 of 39 CONDITIONS OF APPROVAL PAGE 8OF9 TENTATIVE TRACT MAP NO. 30495 71.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 72.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 73.A WQMP plan shall be submitted for review and approval. 74. Provide on -site detention of the increase in storm water runoff as a result of this development. Prior to Issuance of Building Permit 75.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 76. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 77. No structures, landscaping, or equipment shall be located near the project entrances that compromise sight distance requirements. Prior to Occupancy 78. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 79.All compaction reports and grade certifications, shall be submitted to the Engineering Division before final inspection will be scheduled and approved. 80.All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 81.All required easements, dedications, or vacation as conditions of this development shall be completed and recorded. Agenda Item No. 9 Page 34 of 39 CONDITIONS OF APPROVAL PAGE 9OF9 TENTATIVE TRACT MAP NO. 30495 82. Water and sewer improvements shall be completed in accordance with Water District requirements. 83. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities, outside the public right -of -way. 84.Complete all Street improvement construction including any transitions between the proposed improvements and the existing improvements. Transitions shall be constructed so as to not be a hazard to the traveling public or interfere with the drainage patterns. 85.The applicant shall submit as -built plans and shall be responsible for revising the mylar plans. A digital copy of all completed public improvement plans shall also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. ADMINISTRATIVE SERVICES DEPARTMENT 86. Participate in Public Safety and Maintenance Services CFD: Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special or Conditional Use Permit or building permit (as applicable), the applicant shall participate in the Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred dollar ($4,200) non - refundable deposit to cover the cost of the legal process to participate in the CFD. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or danderson @harris - assoc.com. COMMUNITY SERVICES DEPARTMENT 87.The Developer shall pay all applicable park fees unless stipulated by the development agreement. 88. 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 89.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. Agenda Item No. 9 Page 35 of 39 CITY OF L14 LSIAORE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: FEBRUARY 24, 2009 SUBJECT: TENTATIVE TRACT MAP NO. 30495 Background The applicant has submitted to the Community Development Department an application for Tentative Tract Map No. 30495. 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 Tentative Tract Map, including detached single - family residential development and open space areas, to be constructed within the identified Planning Area locations. The proposed 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. The Tentative Tract Map proposes a total of 275 single - family residential lots in two (2) adjacent Planning Areas within the Canyon Hills Specific Plan. The southern portion of the map (identified as Planning Area 25; SF3) proposes 139 single - family residential lots. The proposed residential lots in this Planning Area range in size from 4,861 square feet to 11,832 square feet, with an average lot size of 7,490 square feet. The northern portion of the map (identified as Planning Area 37; MF2) proposes 136 single - family residential lots. Although the Planning Area is designated as multifamily site, the Canyon Hills Specific Plan permits single - family uses when they comply with all requirements of the SF2, SF3 or MF1 Zoning Districts. The proposed (single - family) residential lots in this Planning Area range in size from 3,355 square feet to 8,683 square feet, with an average lot size of 4,385 square feet. Planning Area 26 is currently vacant and is designated as a future school site within the Menifee School District. Agenda Item No. 9 Page 36 of 39 Tentative Tract Map No. 30495 February 24, 2009 Page 2 of 2 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. Discussion The project was presented to the Lake Elsinore Planning Commission on February 3, 2009, for review and consideration. Items for discussion at this meeting included lot size, green building techniques and project location. 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 Tentative Tract Map. Recommendation 1. Adopt a resolution adopting findings that the Project is exempt from the Multiple Species Habitat Conservation Plan ( MSHCP). 2. Adopt a Resolution approving Tentative Tract Map No. 30495 Prepared By: Kirt A. Coury, Project Planner Approved By: Robert A. Brady, City Manager Attachments: 1. Vicinity Map 2. City Council Resolution adopting Findings that the Project is exempt from the Multiple Species Habitat Conservation Plan ( MSHCP) 3. City Council Resolution No. 2009 -_ approving Tentative Tract Map No. 30495 4. Conditions of Approval 5. Planning Commission Staff Report with Exhibits dated February 3, 2009 6. Full Size Plans Page 2 of 2 Agenda Item No. 9 Page 37 of 39 cent! and Mayor Pro Tern lent not kno 'ng whether there woul E The motion c ried by the following uncilman Hi man. NOES: Cou Gilman Buck[ . PUBLIC HEARING(S) :z' concern of an economic i AYES: Mayor ABSTAIN: (13) Tentative Tract Map No. 30495 g the Resolutidln. as worded not. councilwoman Pro Tern Me Recommendation 1. Adopt a resolution adopting findings that the project is exempt from the Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopt a resolution approving Tentative Tract Map No. 30495. Mayor Magee opened the Public Hearing at 7:43 pm. Acting Community Development Director, Weiner reported that this item is a request to subdivide 117 acres of land into 275 residential lots and one school site. The applicant is Pardee Homes. The proposed subdivision is for three planning areas in the Canyon Hills Specific Plan. The Planning Commission unanimously approved this project on February 3, 2009 by a 4 -0 vote. Jim Stringer of Pardee Homes informed Council that Pardee Homes has reviewed the Conditions of Approval and is in agreement with the conditions; he is available to answer any questions. There being no further public comments, Mayor Magee closed the public hearing at 7:44 pm. Thereafter followed a brief discussion regarding Mayor Magee not willing to approve 3,000 square foot lots as proposed in one section of the Tract Map and whether to have the applicant revise the Map; or whether Council could approve that portion of the Map that met the subdivision standards; continue the matter; or refer the Map back to the Planning Commission. Mayor Pro Tern Melendez moved to continue this item, which was amended by Mayor Magee to continue to March 24, 2009; second by Councilwoman Bhutta. The motion unanimously carried by the following vote: . Mr. Stringer responded to concerns expressed by Councilman Buckley regarding clustering rather than having single family homes stating Pardee feels that because the area is actually zoned multi - family they are down zoning to single family. Although they prefer single family homes in that location they could put attached townhomes, known as two -packs where the garage is set back on alternating homes, which has been very successful in places like Irvine and Sierra Ranch. Mr. Stringer added that Pardee would accept the continuance if that is the Council's pleasure. Agenda Item No. 9 Page 38 of 39 The previous made motion unanimously carried by the following vote: AYES: Mayor Magee, Mayor Pro Tern Melendez, Councilwoman Bhutta, Councilman Buckley, Councilman Hickman. NOES: None. (14) 039) 1. phod l the Planning a prove the proposed La 'shore Drive; or 2. Rej t the Planning appro a the proposed Lakeshore Drive. ;ion's January and bait" shop ion's January 6, and bait" shop Ii 2009 decision to dated at 1604 W. decision to at 1604 W. Actin Community Develop ent Director, Weiner a vised Council that this 'tem is an appeal f Conditional Use Pe it No. 2007 -18 which as unanimously approv d by the Planning ommission in Janua of 2009. The approv allowed the use of an xisting structure f the purposes of a b 't and tackle, snack sho located on Lake shor Drive near the int rsection of Maddox treet which fronts the Lake. The appellant ited trespassing is ues and inadequate mericans with Di1 1 i s access (ADA) as so e of the reasons r opposing the reque and filing an appeal. Scott Monson, th appella un nt, advised C cil f the use permit, is trespassing and that a has that his biggest c cern on the approval a petition with er 50 signatures of p perty owners who re opposed to the pr 'ect. Some of the lots a privately owned an the owners who ha a paid taxes on the party for years canno do anything with that roperty except ca on it for two week out of the year. The roperty owners can't ven fence off the p perty to keep trespa sers out and although a property is posted, the problem persist . He indicated th the applicant has ma a numerous commen that most of his bu iness will come from he beach, yet the only ay people can get t the business from a beach is by tres ssing on private prop rty. Mr. Monson m tioned the campfire that are built on the ach as well as the gar ge left by the peopl He noted that he h photographs of the espassing for Council t view. Ter ry Thielen ddressed Council in upport of the bait an tackle shop. He felt ne s needed an not at a liquor std located across the street as is the curre t sit tion. He did a ree with Mr. Monson bout the trespassin and felt the City shoul fenc off some are s to delineate betwe n the City's prop' and private property beca a people are f hing on private prope Scott S lesinger expr ssed his opposition to he bait and tackle s p at that location because o public safety. is concern is based o the amount of traffic nd the difficulty Agenda Item No. 9 Page 39 of 39