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Home My WebLink About2009-07-14 City Council Item No. 10 CITY OF LA L S KE IN On DREAM EXTREME, REVISED Iry REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 14, 2009 SUBJECT: TENTATIVE TRACT MAP NO. 33140 Background The project was presented to the Lake Elsinore Planning Commission on March 6, 2007, for review and consideration. Items for discussion at this meeting included lot size, fire protection, grading and truck hauling /construction traffic control. The Planning Commission expressed satisfaction with the proposed project and voted unanimously to recommend that the City Council adopt findings that the project is consistent with the MSHCP and approve the MND and Tentative Tract Map. The project was recommended for approval by the Planning Commission on March 6, 2007 to the City Council. Following Planning Commission approval, the applicant requested that the project be placed on hold due to financial reasons. In May, 2009, the applicant contacted staff and deposited funds to financially balance the previously negative CRS account. As a note to the project, the two (2) year subdivision approval date will not begin until final City Council review and approval (i.e. July 14, 2009). Discussion The proposed tract map will subdivide approximately 72 -acres of residentially zoned land into 106 individual lots (104 single - family residential Tots, two (2) lots for water tank and tot lot sites, and four (4) lettered Tots). The proposed residential lots will range in size from 7,200 square feet to 28,859 square feet with an average lot size of 10,882 square feet. The proposed subdivision has been deemed to be consistent with the development standards in Chapter 17.23 (R -1 Single - Family Residential District) of the LEMC, in that Chapter 17.23 requires that all newly subdivided parcels be a minimum size of 6,000 square feet, and an average of 7,200 square feet. Further, the LEMC requires that corner lots be a minimum of 7,700 square feet. The proposed subdivision complies with these requirements. Tentative Tract Map No. 33140 July 14, 2009 Page 2 of 2 REVISED Recommendation 1. Adopt a Resolution adopting findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 2. Adopt a Resolution approving Mitigated Negative Declaration No. 2005 -10 3. Adopt a Resolution approving Tentative Tract Map No. 33140 Prepared By: Kirt A. Coury, Project Planner Approved By: Robert A. Brady, City Manager Attachments: 1. Vicinity Map 2. City Council Resolution No. 2009 -_ adopting Findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) 3. City Council Resolution No. 2009 -_ approving Mitigated Negative Declaration No. 2005 -10 4. City Council Resolution No. 2009 -_ approving Tentative Tract Map No. 33140 5. Conditions of Approval 6. Planning Commission Staff Report with Exhibits dated March 6, 2007 7. Planning Commission Minutes dated March 6, 2007 8. Mitigated Negative Declaration No. 2005 -10 9. TTM 33140 (Full Size Map) Page 2 of 2 CITY OF LADE LSI NO E •P.- DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JULY 14, 2009 SUBJECT: TENTATIVE TRACT MAP NO. 33140 Background The project was presented to the Lake Elsinore Planning Commission on March 6, 2007, for review and consideration. Items for discussion at this meeting included lot size, fire protection, grading and truck hauling /construction traffic control. The Planning Commission expressed satisfaction with the proposed project and voted unanimously to recommend that the City Council adopt findings that the project is consistent with the MSHCP and approve the MND and Tentative Tract Map. The project was recommended for approval by the Planning Commission on March 6, 2007 to the City Council. Following Planning Commission approval, the applicant requested that the project be placed on hold due to financial reasons. In May, 2009, the applicant contacted staff and deposited funds to financially balance the previously negative CRS account. As a note to the project, the two (2) year subdivision approval date will not begin until final City Council review and approval (i.e. July 14, 2009). Discussion The proposed tract map will subdivide approximately 72 -acres of residentially zoned land into 106 individual lots (104 single - family residential Tots, two (2) Tots for water tank and tot lot sites, and four (4) lettered lots). The proposed residential lots will range in size from 7,200 square feet to 28,859 square feet with an average lot size of 10,882 square feet. The proposed subdivision has been deemed to be consistent with the development standards in Chapter 17.23 (R -1 Single - Family Residential District) of the LEMC, in that Chapter 17.23 requires that all newly subdivided parcels be a minimum size of 6,000 square feet, and an average of 7,200 square feet. Further, the LEMC requires that corner lots be a minimum of 7,700 square feet. The proposed subdivision complies with these requirements. CC July 14, 2009 Item No. 10 Page 1 of 34 Tentative Tract Map No. 33140 July 14, 2009 Page 2 of 2 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 Mitigated Negative Declaration No. 2005 -10 3. Adopt a Resolution approving Tentative Tract Map No. 33140 Prepared By: Kirt A. Coury,� Project Planner Approved By: Robert A. Brady iw City Manager Attachments: 1. Vicinity Map 2. City Council Resolution No. 2009 -_ adopting Findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP) 3. City Council Resolution No. 2009 -_ approving Mitigated Negative Declaration No. 2005 -10 4. City Council Resolution No. 2009 -_ approving Tentative Tract Map No. 33140 5. Conditions of Approval 6. Planning Commission Staff Report with Exhibits dated March 6, 2007 7. Planning Commission Minutes dated March 6, 2007 8. Mitigated Negative Declaration No. 2005 -10 9. TTM 33140 (Full Size Map) Page 2 of 2 CC July 14, 2009 Item No. 10 Page 2 of 34 VICINITY MAP TTM NO. 33140 4 N iN Nfe 4PS s• • ,,, , x ir, ,,,* * „<* -<4 k-,7A- 0 4. 1 4. 0+ 4. ej N 4 ,�, . * i ;� - 0 • rir„;•il,,, AI A .e7,,,,, lio, pweb,-,2e,,,n.tlit_vi, ,,,,,, co A it. -- . A ,- gib it h 4 1 ' % a fk ri4OVIONNAR, vo" #e■ ..Sle 11111 4, #t Yxfk ' / 9x,,Y ; 2"lh '' j / PROJECT SITE i. z' Z co CC July 14, 2009 Item No. 10 Page 3 of 34 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT KNOWN AS TENTATIVE TRACT MAP NO. 33140 IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Taft Corporation, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 33140 (the "Project ") which subdivides 72 acres of land within the R -1 Single Family Residential District into 106 individual lots. The project site is located between the end of Grandview Drive and SR- 74, also known as the Ortega Highway (the "Property "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land within an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects within or outside of a criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the City Council has the responsibility of making decisions regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at public hearings held with respect to this item on July 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 proposed application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: CC July 14, 2009 Item No. 10 Agenda Item No. Page 4 of 34 Page of CITY COUNCIL RESOLUTION NO. 2009 - PAGE2OF5 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements." The Project, as proposed, was found to be consistent with the MSHCP criteria. In addition, the Project was reviewed and found consistent with the following "Plan Wide Requirements ": Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), Urban/Wildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, but the site is not within a Criteria Cell. Therefore, a Joint Project Review with the RCA was not required. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. All potential impacts to riparian /riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have vernal pools. No further action regarding this section of the MSHCP is required. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. However, these surveys were not conducted. This requirement was realized after the 2006 survey season had passed. The MSHCP requires that 90% of the area containing these species should be avoided. Upon further evaluation regarding the needs for these surveys, it was determined that more than 90 % of the chaparral where these species could potentially exist was being avoided by the project as proposed. No further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. CC July 14, 2009 Item No. 10 Agenda Item No. Page 5 of 34 Page of CITY COUNCIL RESOLUTION NO. 2009 - PAGE3OF5 The Project is not located within an area requiring additional surveys. As such, the provisions of Section 6.3.2 do not apply to the Project. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. While the Project is not located adjacent to an identified habitat preserve or corridor, about half of the project site is being considered for conservation. The Applicant is considering providing conservation area to the Regional Conservation Authority or similar organization for permanent preservation. If this land is set aside for conservation, the Urban/Wildlands Guidelines would apply to the Project. The design of the project already includes features that ensure compliance with the Guidelines. Further, mitigation has been included in the Project to prohibit the placement of potentially invasive plant material in or adjacent to the conserved areas. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The proposed project is consistent with the Vegetation Mapping requirements. The riparian /riverine habitat as described in the DBESP has been mapped consistent with Section 6.3.1 Vegetation Mapping requirements. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project is not located adjacent to a conservation area. Should the Applicant set aside land for permanent conservation, Fuels Management Guidelines would apply to the Project. Currently, these provisions do not apply to the Project. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. CC July 14, 2009 Item No. 10 Agenda Item No. Page 6 of 34 Page of CITY COUNCIL RESOLUTION NO. 2009- PAGE 4 OF 5 SECTION 3. Based upon the evidence presented, the above findings, and the conditions of approval attached to the Resolution approving Tentative Tract Map No. 33140 and Mitigated Negative Declaration No. 2005 -10, the City Council of the City of Lake Elsinore hereby adopts findings that the Project is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 14th day of July 2009. ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CC July 14, 2009 Item No. 10 Agenda Item No. Page of Page 7 of 34 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Debora Thomsen, 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 14th day of July 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC July 14, 2009 Item No. 10 Agenda Item No. Page 8 of 34 Page of RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005 -10 FOR TENTATIVE TRACT MAP NO. 33140 WHEREAS, Taft Corporation, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 33140 (the "Project ") which subdivides 72 acres of land within the R -1 Single Family Residential District into 106 individual Tots. The project site is located between the end of Grandview Drive and SR- 74, also known as the Ortega Highway (the "Property "); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations §§ 15000, et seq.: "CEQA Guidelines ") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code § 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to Tess than significant levels; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined appropriate to prepare and circulate Mitigated Negative Declaration No. 2005 -10 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, pursuant to CEQA Guidelines section 15072, on March 10, 2006, the City duly issued a Notice of Intent to Adopt the Mitigated Negative Declaration; and WHEREAS, in accordance with CEQA Guidelines section 15073, the Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on March 10, 2006, and ending on April 10, 2006; and WHEREAS, the Planning Commission of the City of Lake Elsinore at its regular meeting on March 6, 2007 made its report upon the desirability of the proposed project and made its recommendation to the City Council in favor of the adoption of Mitigated Negative Declaration and WHEREAS, public notice of the Project and the Mitigated Negative Declaration have been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development CC July 14, 2009 Item No. 10 Agenda Item No. Page 9 of 34 Page of CITY COUNCIL RESOLUTION 2009 - PAGE2OF4 Department and other interested parties at public hearings held with respect to this item on July 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 evaluated all comments, written and oral, received from persons who have reviewed Mitigated Negative Declaration No. 2005 -10, prior to making its decision. SECTION 2. The City Council finds and determines that Mitigated Negative Declaration No. 2005 -10 is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Negative Declaration and finds that the documents represent the independent judgment of the City. SECTION 3. That in accordance with CEQA, the CEQA Guidelines, the Planning and Zoning Law, and the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Mitigated Negative Declaration No. 2005 -10. 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Mitigated Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to the less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced to less than significant levels. 2. There is no substantial evidence, in the Tight of the whole record before the agency, including the Commenter's letter, that the Project as revised may have significant effect on the environment. Pursuant to the evidence received, and in the light of the whole record presented, the Project will not have a significant effect on the environment. 3. Mitigation measures have been required to ensure all potentially significant impacts are reduced to levels of insignificance. CC July 14, 2009 Item No. 10 Agenda Item No. Page 10 of 34 Page of CITY COUNCIL RESOLUTION 2009 - PAGE 3 OF 4 Mitigated Negative Declaration 2005 -10, the corresponding Mitigation Monitoring and Reporting Program, and the corresponding conditions of approval mitigate all environmental effects to a statistical level of insignificance. SECTION 4. Based upon all of the evidence presented, both written and testimonial, the above findings, and the conditions of approval imposed upon the Project, the City Council approves Mitigated Negative Declaration 2005 -10. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 14th day of July 2009. ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CC July 14, 2009 Item No. 10 Agenda Item No. Page 11 of 34 Page of CITY COUNCIL RESOLUTION 2009 - PAGE4OF4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Debora Thomsen, 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 July 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC July 14, 2009 Item No. 10 Agenda Item No. Page 12 of 34 Page of RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 33140 WHEREAS, Taft Corporation, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 33140 (the "Project ") which subdivides 72 acres of land within the R -1 Single Family Residential District into 106 individual Tots. The project site is located between the end of Grandview Drive and SR- 74, also known as the Ortega Highway (the "Property "); and WHEREAS, the Planning Commission of the City of Lake Elsinore considered the proposed Subdivision at its regularly scheduled March 6, 2006, meeting and made a recommendation that the City Council approve Tentative Tract Map 33140; and WHEREAS, the City Council of the City of Lake Elsinore is responsible for making decisions pertaining to the subdivision of land; 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 July 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. SECTION 2. The City Council finds and determines that Mitigated Negative Declaration No. 2005 -10 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Tentative Tract Map. 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. 33140: 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. CC July 14, 2009 Item No. 10 Page 13 of 34 CITY COUNCIL RESOLUTION 2009 - PAGE2OF4 The design of the subdivision and density of 1.44 dwelling units per acre is consistent with the General Plan designation of Low Medium Density Residential, which accommodates residential development up 6 dwelling units per acre. The project is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, 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 project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan, and Lake Elsinore Municipal Code. As discussed, the General Plan designates the project site as Low Medium Density Residential. The Zoning Code designates the project site as Single Family Residential (R -1) (minimum lot size of 6,000 square feet). Tract Map No. 33140 is consistent with the R -1 designation 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 project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the subdivision, the City Council hereby approves Tentative Tract Map No. 33140. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CC July 14, 2009 Item No. 10 Page 14 of 34 CITY COUNCIL RESOLUTION 2009 - PAGE 3 OF 4 PASSED, APPROVED AND ADOPTED on this 14th day of July 2009. ROBERT MAGEE MAYOR ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE CC July 14, 2009 Item No. 10 Page 15 of 34 CITY COUNCIL RESOLUTION 2009 - PAGE4OF4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Debora Thomsen, 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 July 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC July 14, 2009 Item No. 10 Page 16 of 34 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33140 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. 33140, generally located between the end of Grandview Drive and SR -74, also known as the Ortega Highway. TENTATIVE TRACT MAP NO. 33140 2. Tentative Tract Map No. 33140 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC). 3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. All future structural development associated with this map shall require separate Design Review approval. Planning Commission Approved City Council March 6, 2007 July 14, 2009 CONDITIONS OF APPROVAL REVISED Page 2 of 8 TENTATIVE TRACT MAP NO. 33140 10. 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. 11. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 12. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. The Multiple Species Habitat Conservation Plan Fee (MSHCP) will be due upon issuance of building permits. 15. The applicant shall pay all applicable fees including park fees. 16. The applicant shall meet all requirements of the providing electric utility company. 17. The applicant shall meet all requirements of the providing gas utility company. 18. The applicant shall meet all requirements of the providing telephone utility company. 19. A bond is required guaranteeing the removal of all trailers used during construction. 20. All signage shall be subject to Planning Division review and approval prior to installation. 21. 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. 22. 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. 23. The applicant shall comply with all mitigation measures identified in Mitigated Negative Declaration No. 2005 -10 and Mitigation Monitor Reporting Program. Planning Commission Approved City Council March 6, 2007 July 14, 2009 CONDITIONS OF APPROVAL REVISED Page 3 of 8 TENTATIVE TRACT MAP NO. 33140 24. Prior to approval of Final Map, the applicant shall initiate and complete the formation of a Homeowner's Association (HOA) which shall be approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and shall be recorded. Such documents include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC &Rs). 25. All lettered lots, "tot Tots" and Detention Basins within Tentative Tract Map 33140 shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 26. Prior to the approval of the Final Map the applicant shall revise the Tentative Tract Map contained herein to identify the detention basins as lettered to be maintained by the HOA in perpetuity. ENGINEERING 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 28. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 29. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 30. Construct all public works improvements per approved street plans (LEMC 12.04). All streets providing access shall be constructed prior to issuance of first certificate of occupancy. 31. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 32. Per the approved traffic study dated December, 2005 the project shall construct a traffic signal at the intersections of Grand Avenue and Macy. Signal improvements shall be operational prior to issuance of first cortificato of occupancy grading permit. TIF credits shall be applied to the project's fee requirement as described in the TIF study (modified at Planning Commission meeting on March 6, 2007). Planning Commission Approved City Council March 6, 2007 July 14, 2009 CONDITIONS OF APPROVAL REVISED Page 4 of 8 TENTATIVE TRACT MAP NO. 33140 33. A. Applicant shall process an encroachment permit for access purposes to route truck traffic onto the site from SR -74 and off of the site on Macy (modified at Planning Commission meeting on March 6, 2007). Applicant shall provide an alternate route approved by the City Engineer in the event CALTRANS denies the encroachment permit application. B. Grading operations related to the import and export of graded material shall be restricted by time and traffic control. Prior to issuance of grading permit, applicant shall process a traffic control plan for the import/export operation. Haul trucks shall not be allowed in both directions at any one time on Macy. Haul times shall be restricted to avoid school bus pick -up and drop -off times during the school year or between 7:30 AM and 4:00 PM outside the school year (modified at Planning Commission meeting on March 6, 2007). 34. Modify intersection striping at Grand Avenue and Riverside Drive by including a westbound right -turn lane from Riverside Drive onto northbound Grand Avenue. Also include a dedicated left turn lane for eastbound Grand Avenue to northbound Grand Avenue. This intersection improvement shall be constructed per the Traffic Study approved December 30, 2005. 35. The approved traffic study identifies improvements at the intersection of Riverside Drive and Lakeshore Drive to include an additional left turn lane from northbound Lakeshore Drive to westbound Riverside Drive; provide an additional left turn lane for westbound Riverside Drive to southbound Lakeshore Drive; and provide an additional through lane for southbound Lakeshore Drive at Riverside Drive. The applicant shall pay the project's share of TIF as participation in these improvements. 36. Design grade for local streets shall not exceed 10 %. The maximum grade of 15% shall only be approved with the concurrence of the Fire Department. 37. Interior streets shall be designed with up to 10% as the maximum grade and intersecting streets shall meet at a maximum grade of 6 % 38. Sight distance on all on -site and off -site streets constructed by this project shall conform to CALTRANS requirements for horizontal and vertical curves. This condition shall apply to all intersections. 39. The applicant shall construct street improvements from the project limits to the city limits on Macy Street. Street width shall be consistent with City's local street standard (edge of pavement to edge of pavement) or as approved by City Engineer. County encroachment permit shall be required for this work. Planning Commission Approved City Council March 6, 2007 July 14, 2009 CONDITIONS OF APPROVAL REVISED Page 5 of 8 TENTATIVE TRACT MAP NO. 33140 40. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements within the existing Street Right -of way(LEMC 12.08 and Resolution 83 -78). 41. 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. 42. The applicant shall install permanent bench marks in accordance with Riverside County Standards. 43. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to building permit issuance. 44. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 45. Provide fire protection facilities as required in writing by Riverside County Fire. 46. Provide street lighting and show lighting improvements as part of street improvement plans. The spacing of the street lights shall conform to the City Standard street light spacing. 47. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 48. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations in accordance with City Standards. 49. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first occupancy. All traffic control devices shall be installed prior to final inspection of public improvements and issuance of first certificate of occupancy. This includes No Parking and Street Sweeping Signs for streets within the tract. 50. All improvement plans shall be digitized and submitted at Certificate of Occupancy. The applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 51. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. Planning Commission Approved City Council March 6, 2007 July 14, 2009 CONDITIONS OF APPROVAL REVISED Page 6 of 8 TENTATIVE TRACT MAP NO. 33140 52. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 53. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 54. An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site unless previously submitted and approved. 55. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured and constructed with drainage ditches every 30- vertical feet. 56. Prior to commencement of large scale grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 57. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a notarized and recorded letter of drainage acceptance or conveyed to an established drainage easement. 58. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. In the event the easement is not shown on the final map, a drainage easement shall be dedicated by separate document. This condition shall apply specifically to lots 15, 31, 5, 63, 84, and 49 with easement widths not less than 10 -feet. 59. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 60. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. The report shall verify impacts of storm water on existing facilities. Planning Commission ission Approved City Council March 6, 2007 July 14, 2009 CONDITIONS OF APPROVAL REVISED Page 7 of 8 TENTATIVE TRACT MAP NO. 33140 61. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 62. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 63. Roof and yard drains shall not outlet directly through cuts in the street curb. Roof drains shall drain through a minimum of twenty (20) feet of landscaped area. 64. 10- year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities should be installed. 65. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 66. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 67. Up -slope maintenance along right -of -ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 68. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 69. 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 Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Quality Management Plan (WQMP) detailing the perminant clean water features. The WQMP shall include a maintenance program, for post construction compliance with the City's Clean Water Runoff Program. 70. 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 stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 71. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. Planning Commission Approved City Council March 6, 2007 July 14, 2009 CONDITIONS OF APPROVAL REVISED Page 8 of 8 TENTATIVE TRACT MAP NO. 33140 72. Local streets shall have sixty (60) ft. right -of -way with forty (40) ft. curb -to -curb. Restricted local streets (cul -de -sacs) shall have fifty (50) ft. right -of -way with thirty -six (36) ft. curb -to -curb and a three (3) ft. utility easement on each side. 73. All parcels shall have direct access to public right -of -way or be provided with a minimum 30 -foot ingress and egress easement to public right -of -way by separate instrument or through map recordation. 74. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and proposed drainage /debris basins. 75. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DEPARTMENT OF ADMINISTRATIVE SERVICES 73. Prior to issuance of the first building permit or approval of the final subdivision map, whichever happens first, the applicant shall annex into Community Facilities District 2007 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall pay to the City a non- refundable deposit in the amount of $5,000 to cover the cost of the annexation process. 74. Prior to issuance of the first building permit or approval of the final subdivision map, whichever happens first, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall pay to the City a non - refundable deposit in the amount of $5,000 to cover the cost of the annexation process. 75. Upon completion of the Fire Station Impact Study, the Developer shall pay fare share of fire station impact fee. 76. Prior to issuance of the first building permit or approval of the final subdivision map, whichever happens first, the applicant shall annex into Community Facilities District 2006 -5 to offset the annual negative fiscal impacts of the project on parks, storm drain and open space maintenance issues in the City. Applicant shall pay to the City a non- refundable deposit in the amount of $5,000 to cover the cost of the annexation process. Planning Commission Approved City Council March 6, 2007 July 14, 2009 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33140 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. 33140, generally located between the end of Grandview Drive and SR -74, also known as the Ortega Highway. TENTATIVE TRACT MAP NO. 33140 2. Tentative Tract Map No. 33140 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC). 3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All Tots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. All future structural development associated with this map shall require separate Design Review approval. Planning Commission Approved City Council larch 6, _00- July 14, 2009 CC July 14, 2009 Item No. 10 Page 17 of 34 CONDITIONS OF APPROVAL Page 2 of 9 TENTATIVE TRACT MAP NO. 33140 10. 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. 11. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 12. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. The Multiple Species Habitat Conservation Plan Fee (MSHCP) will be due upon issuance of building permits. 15. The applicant shall pay all applicable fees including park fees. 16. The applicant shall meet all requirements of the providing electric utility company. 17. The applicant shall meet all requirements of the providing gas utility company. 18. The applicant shall meet all requirements of the providing telephone utility company. 19.A bond is required guaranteeing the removal of all trailers used during construction. 20.AII signage shall be subject to Planning Division review and approval prior to installation. 21. 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. 22. 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. Planning Commission _Approved Cite Council ll:arch 6, 200" lu1� 14, 2004 CC July 14, 2009 Item No. 10 Page 18 of 34 CONDITIONS OF APPROVAL Page 3 of 9 TENTATIVE TRACT MAP NO. 33140 23. The applicant shall comply with all mitigation measures identified in Mitigated Negative Declaration No. 2005 -10 and Mitigation Monitor Reporting Program. 24. Prior to approval of Final Map, the applicant shall initiate and complete the formation of a Homeowner's Association (HOA) which shall be approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and shall be recorded. Such documents include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC &Rs). 25.AII lettered lots, "tot lots" and Detention Basins within Tentative Tract Map 33140 shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 26. Prior to the approval of the Final Map the applicant shall revise the Tentative Tract Map contained herein to identify the detention basins as lettered to be maintained by the HOA in perpetuity. ENGINEERING 27.AII Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 28. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 29. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 30. Construct all public works improvements per approved street plans (LEMC 12.04). All streets providing access shall be constructed prior to issuance of first certificate of occupancy. 31. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 32. Per the approved traffic study dated December, 2005 the project shall construct a traffic signal at the intersections of Grand Avenue and Macy. Signal improvements shall be operational prior to issuance of first certificate of occupancy grading permit. TIF credits shall be applied to the project's fee requirement as described in the TIF study (modified at Planning Commission meeting on March 6, 2007). Planning Commission Approved Cite Council � larch 6, 200- TUl} 14, 2000 CC July 14, 2009 Item No. 10 Page 19 of 34 CONDITIONS OF APPROVAL Page 4 of 9 TENTATIVE TRACT MAP NO. 33140 32 A. Applicant shall process an encroachment permit for access purposes to route truck traffic onto the site from SR -74 and off of the site on Macy (modified at Planning Commission meeting on March 6, 2007). 8. Grading operations related to the import and export of graded material shall be restricted by time and traffic control. Prior to issuance of grading permit, applicant shall process a traffic control plan for the import/export operation. Haul trucks shall not be allowed in both directions at any one time on Macy. Haul times shall be restricted to avoid school bus pick -up and drop -off times during the school year or between 7:30 AM and 4:00 PM outside the school year (modified at Planning Commission meeting on March 6, 2007). 33. Modify intersection striping at Grand Avenue and Riverside Drive by including a westbound right -turn lane from Riverside Drive onto northbound Grand Avenue. Also include a dedicated left turn lane for eastbound Grand Avenue to northbound Grand Avenue. This intersection improvement shall be constructed per the Traffic Study approved December 30, 2005. 34. The approved traffic study identifies improvements at the intersection of Riverside Drive and Lakeshore Drive to include an additional left turn lane from northbound Lakeshore Drive to westbound Riverside Drive; provide an additional left turn lane for westbound Riverside Drive to southbound Lakeshore Drive; and provide an additional through lane for southbound Lakeshore Drive at Riverside Drive. The applicant shall pay the project's share of TIF as participation in these improvements. 35. Design grade for local streets shall not exceed 10 %. The maximum grade of 15% shall only be approved with the concurrence of the Fire Department. 36. Interior streets shall be designed with up to 10% as the maximum grade and intersecting streets shall meet at a maximum grade of 6 % 37. Sight distance on all on -site and off -site streets constructed by this project shall conform to CALTRANS requirements for horizontal and vertical curves. This condition shall apply to all intersections. 38. The applicant shall construct street improvements from the project limits to the city limits on Macy Street. Street width shall be consistent with City's local street standard (edge of pavement to edge of pavement) or as approved by City Engineer. County encroachment permit shall be required for this work. Planning Commission _ 'approved March 6, 200% City Council July 14, 2009 CC July 14, 2009 Item No. 10 Page 20 of 34 CONDITIONS OF APPROVAL Page 5 of 9 TENTATIVE TRACT MAP NO. 33140 39. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements within the existing Street Right - of way(LEMC 12.08 and Resolution 83 -78). 40.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 h /2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 41. The applicant shall install permanent bench marks in accordance with Riverside County Standards. 42.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to building permit issuance. 43.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 44. Provide fire protection facilities as required in writing by Riverside County Fire. 45. Provide street lighting and show lighting improvements as part of street improvement plans. The spacing of the street lights shall conform to the City Standard street Tight spacing. 46. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 47. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations in accordance with City Standards. 48.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first occupancy. All traffic control devices shall be installed prior to final inspection of public improvements and issuance of first certificate of occupancy. This includes No Parking and Street Sweeping Signs for streets within the tract. 49.AII improvement plans shall be digitized and submitted at Certificate of Occupancy. The applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. Planning Commission _lpproved Cite Council March G, 200- Jul) ° 14, 2009 CC July 14, 2009 Item No. 10 Page 21 of 34 CONDITIONS OF APPROVAL Page 6of9 TENTATIVE TRACT MAP NO. 33140 50.All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 51.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 52. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 53.An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site unless previously submitted and approved. 54.AII grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured and constructed with drainage ditches every 30- vertical feet. 55. Prior to commencement of large scale grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 56. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a notarized and recorded letter of drainage acceptance or conveyed to an established drainage easement. 57.0n-site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. In the event the easement is not shown on the final map, a drainage easement shall be dedicated by separate document. This condition shall apply specifically to lots 15, 31, 5, 63, 84, and 49 with easement widths not less than 10 -feet. 58.AIl natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. Planning Commission approved City Council Larch 6, 200 )ulv 14, 2009 CC July 14, 2009 Item No. 10 Page 22 of 34 CONDITIONS OF APPROVAL Page 7 of 9 TENTATIVE TRACT MAP NO. 33140 59. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. The report shall verify impacts of storm water on existing facilities. 60.AII drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 61. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 62. Roof and yard drains shall not outlet directly through cuts in the street curb. Roof drains shall drain through a minimum of twenty (20) feet of landscaped area. 63.10- year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities should be installed. 64.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 65. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 66. Up -slope maintenance along right -of -ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 67.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 68.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 Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Quality Management Plan (WQMP) detailing the perminant clean water features. The WQMP shall include a maintenance program, for post construction compliance with the City's Clean Water Runoff Program. 69. 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 Planning Commission Approved .\ larch 6, 200 City Council ,luly 14, 2009 CC July 14, 2009 Item No. 10 Page 23 of 34 CONDITIONS OF APPROVAL Page 8of9 TENTATIVE TRACT MAP NO. 33140 other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 70. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 71. Local streets shall have sixty (60) ft. right -of -way with forty (40) ft. curb -to -curb. Restricted local streets (cul -de -sacs) shall have fifty (50) ft. right -of -way with thirty -six (36) ft. curb -to -curb and a three (3) ft. utility easement on each side. 72.AII parcels shall have direct access to public right -of -way or be provided with a minimum 30 -foot ingress and egress easement to public right -of -way by separate instrument or through map recordation. 73.Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and proposed drainage /debris basins. 74. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DEPARTMENT OF ADMINISTRATIVE SERVICES 73. Prior to issuance of the first building permit or approval of the final subdivision map, whichever happens first, the applicant shall annex into Community Facilities District 2007 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall pay to the City a non- refundable deposit in the amount of $5,000 to cover the cost of the annexation process. 74. Prior to issuance of the first building permit or approval of the final subdivision map, whichever happens first, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall pay to the City a non - refundable deposit in the amount of $5,000 to cover the cost of the annexation process. Planning Commission Approved Cite Council March 6, 200 July 14, 2009 CC July 14, 2009 Item No. 10 Page 24 of 34 CONDITIONS OF APPROVAL Page 9of9 TENTATIVE TRACT MAP NO. 33140 75. Upon completion of the Fire Station Impact Study, the Developer shall pay fare share of fire station impact fee. 76. Prior to issuance of the first building permit or approval of the final subdivision map, whichever happens first, the applicant shall annex into Community Facilities District 2006 -5 to offset the annual negative fiscal impacts of the project on parks, storm drain and open space maintenance issues in the City. Applicant shall pay to the City a non- refundable deposit in the amount of $5,000 to cover the cost of the annexation process. Plannin Commission _approved City Council March 6, 2007 July 14, 2009 CC July 14, 2009 Item No. 10 Page 25 of 34 CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 6, 2007 PREPARED BY: KIRT A. COURY, PLANNING CONSULTANT PROJECT TITLE: TENTATIVE TRACT MAP NO. 33140 APPLICANT: KAMYAR LASHGARI, TAFT CORPORATION, 6080 BUSH DRIVE, MALIBU, CA 90265 OWNER: FAR WEST GROUP 1, 3579 E. FOOTHILL BOULEVARD #508, PASADENA, CA 91107 PROJECT REQUEST A request to subdivide 72 acres of land in the R -1 Single- Family Residential District into 106 individual lots pursuant to the requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC) and section(s) 66424 and 66427 of the California Subdivision Map Act (CSMA). ENVIRONMENTAL SETTING EXISTING ZONINGS. 1- GENERAL PLAN" LAND USE , Project Vacant R -1; Single Family Low Medium Density Site Residential Residential and Open Space/Recreation North Single Family R -1; Single Family Low Medium Density Residential Residential Residential South Vacant County of Riverside Mountainous East Vacant County of Riverside Mountainous West Vacant County of Riverside Mountainous /Open Space CC July 14, 2009 Item No. 10 Page 26 of 34 REPORT TO PLANNING COMMISSION MARCH 6, 2007 PROJECT TITLE: TENTATIVE TRACT MAP NO. 33140 PROJECT LOCATION The subject site is generally located between the end of Grandview Drive and SR -74, also known as the Ortega Highway. Access to the project site will be provided off of Grandview Drive and Macy Street. PROJECT DESCRIPTION The proposed tract map will subdivide the aforementioned 72 -acres of residentially zoned land into 106 individual lots (104 single - family residential lots, four (4) lettered lots and two (2) lots for water tank and tot lot sites). The proposed residential lots will range in size from 7,200 square feet to 28,859 square feet with an average lot size of 10,882 square feet. ANALYSIS The proposed subdivision has been deemed to be consistent with the development standards in Chapter 17.23 (R -1 Single- Family Residential District) of the LEMC, in that Chapter 17.23 requires that all newly subdivided parcels be a minimum size of 6,000 square feet, and an average of 7,200 square feet. Further, the LEMC requires that corner lots be a minimum of 7,700 square feet. The proposed subdivision complies with these requirements. ENVIRONMENTAL DETERMINATION The proposed Mitigated Negative Declaration No. 2005 -10 has been prepared pursuant to Article 6 (Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA). Based on staff's evaluation, the proposed project will not result in any significant effect on the environment. Further, pursuant to Section 15073 (Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration) of the California Environmental Quality Act (CEQA), the intended Mitigated Negative Declaration was submitted to the State Clearinghouse for the required 30 day review period. CC July 14, 2009 Item No. 10 AGENDA ITEM Page 27 of 34 PAGE OF REPORT TO PLANNING COMMISSION MARCH 6, 2007 PROJECT TITLE: TENTATIVE TRACT MAP NO. 33140 RECOMMENDATION It is recommended that the Planning Commission approve Resolution No 2007 - recommending City Council adoption of Findings of Consistency with the Multiple Species Habitat Conservation Plan (MSHCP), Resolution No. 2007 - recommending to the City Council adoption of Mitigated Negative Declaration No. 2005 -10; and Resolution No. 2007 -, recommending to the City Council approval of Tentative Tract Map No. 33140. This recommendation is based on the findings, exhibits and conditions of approval attached to this Staff Report. FINDINGS PREPARED BY: KIRT A. COURY, PLANNING CONSULTANT APPROVED BY: ROLFE M. PREISENDANZ, DIRECTOR OF COMMUNITY DEVELOPMENT ATTACHMENTS 1. Vicinity Map 2. Resolution No. 2007- recommending that the City Council make Findings that the Project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). 3. Resolution No. 2007 - recommending that the City Council approve Mitigated Negative Declaration No. 2005 -10. 4. Resolution No. 2007- recommending that the City Council approve Tentative Tract Map No. 33140. 5. Conditions of Approval. 6. Exhibits: `A': Tentative Tract Map No. 33140 (reduction) : Tentative Tract Map No. 33140 (full size) 'C': Mitigated Negative Declaration No. 2005 -10 and Mitigation Monitoring and Reporting Program CC July 14, 2009 Item No. 10 AGENDA ITEM Page 28 of 34 PAGE OF 10 iffili �- � �"a'x' �, o 3UONISl3 3N`dl JO A110 ...., �u� '' �� 041EE dVVJ b'2l/111N31 ,,, w 7::=V:1"4 .. tie — n — HEAL" V J 0 Z NVId 13 3115 1d ®" CO -: --- '.. 45,6 ' ' , ''''., 4 ' - '' ,...4,,i, 1 t 3 f I \, tea` r �/ , sx w i�.1 i \ . �. � ,, � M I 1` O i� y N 01 ,< Ili " '� f r ` 5 h ''€` i .. /=\% 499 3 .-1 <Z Tfee _-241 ;d�;aayy e ,... i A '—D '., Itk '; ' VA? --__&-_‘\,- i ' ,Irlia„ ti i 1 I a) ' \ - ,> 1 ' 4■.#(,",,,,,,,;,,j,,Xjw4140,. i tx 0 � y N 10 0 0 4 0, SI , - 0,',. .,..1, - ',:,, ,---,, Pl- . __A --, - \ \ ,-., , - 4 , i ,; i 1, „, ,S n �� a F ! l• 4 3 k +f * ¢, i , i� r J 1 q ' '‘,4.,,,>,,,,%'',', .11 °_1 1 1 li\■71.1111T, \ '' J '' ; i .e _ -- A aA, 'Y �Ie �t I f d 0 41 4R � F 4 � � . \ ,k...,, :aid , , ; • / i , )) \ 3 ui 9 , /\,' , 61 '\, 0 0 gee ,$5 I `� 3? t ' / x = 2 5 5 ,1 \ , ci f \ 0 4 `O� � � ,a ' l' i V <s :. W is ,, - ,, . h : - / / „,, 6 .,!,. l S � 3 � r '• / 'g�. i p b��"��33 I a\. ` ; rte / i� /G �^. l y > fi: E k8� 'fir � �' , E , � >zi \ � \' §'� r ; E y [ 5 s s d es i e �-. -. ' Pa' li ay b� I! „- ,i b ., 7 i sa' e 4L p q4411 -1141 9 t ttglii,-Tr.villitttygdis ill, 4 //' i.- , - . 4 - 6 6 .. a §� °''' � 5 Wpg 2- x' . sa - tia -gg 5 s� 0 a �r : p r r er° A F -a a�� s , a a a -a 8X p igg -''- Eel €< `2'4” Rul "'"'"'"'4 's g F ri s - hgi dsa I W :i< �g<a �ainHi Ig °_ . .W_7 aw =ga a a Ftr P= PAGE 11 — PLANNING COMMISSION MINUTES — MARCH 6, 2007 the Director to be able to modify tho e planning areas, such as change a planning area t• accommodate a school district, or a • k. Co q missioner Mendoza asked Planning onsultant Coury if a Condition c Id be added to th- Conditions of Approval to state "No onstruction, through traffic" at t entrance of Lost ' oad. Planning C • ultant Coury said there is a Condit , that states "Construction traffics 1 not use Lost ' • ad ". Director of Co ity Development Preisendanz said •% ey can discuss the possibility of utting that sign up. C 'rman O'Neal close. e Public Hearing closed at 7:12 pm. MOVED B ENDOZA, SECONDED BY FL 6 ' S AND PASSED BY A VOTE OF 5 -0 TO CO TINUE PARKSIDE T • ' ' CE TO MARCH 20, 2007, PLANNING CO 1 SSION MEETING. 6. Tentative Tract Map No. 33140 Chairman O'Neal stated that there was a request from Commissioner Zanelli to recuse himself. However, Commissioner Zanelli would like to speak on this Item an an interested property owner /neighbor and would be sitting in the audience. Deputy City Attorney told Commissioner Zanelli that he had to state why is was recusing himself, for the record. Commissioner Zanelli requested a recussal from this item because lives next to the project and does not want to encounter a conflict of interest. He said he would sit in the audience because he wishes to speak as an interested property owner /neighbor. Director of Community Development Preisendanz provided a brief overview of the proposed project and requested Planning Consultant Coury to review it with the Commission and answer any questions. Planning Consultant Coury provided an overview of the project. He stated that the proposed subdivision has been deemed to be consistent with the development standards of the R -1 single family residential district. He referred to a letter regarding the project that he received dated March 5, 2007, which the Planning Commission had before them, identifying concerns relating to the project. In addition, he believed there was an email dated March 5, 2007, from Pechanga, requesting modification to the mitigation measures within the cultural resources section of the Mitigated Negative Declaration which he read to the Commission. Commissioner O'Neal opened the Public Hearing at 7:20 pm. CC July 14, 2009 Item No. 10 Page 30 of 34 PAGE 12 —PLANNING COMMISSION MINUTES — MARCH 6, 2007 The applicant, Kamyar Lashgari, stated that they have done several environmental studies to address all the mitigations that the staff had concerns with. They concur with staff's recommendations and the Conditions of Approval. On Condition No. 32, he stated they accept to install the traffic signal on the corner of Grand and Macy, however, there is a reimbursement allowed toward the installation of the signal and is requesting the Condition to be reworded to include that. Public Works Director Seumalo stated he would like to add the statement to the • Condition, "TIF credits shall be applied as appropriate." Mr. Lashgari said he had no other problems with any recently added or amended Conditions. Axel Zanelli, 33445 Walhurn Place, stated that he has concerns regarding the removal of the 204,000 cubic yards of material. His concern is regarding the route that the trucks will take removing this material and if it was it at all possible to have them access the site through SR -74 as opposed to driving through Macy. He further stated, if not, is it possible to have; a light installed prior to the grading and the traffic generated by these trucks and that the traffic periods could be scheduled around the school bus pick up and drop off times on and around Macy. He also added that because of the nature of the terrain there and it being in a high fire hazard area, if part of the Conditions of Approval, upon approval of the project could include onsite fire protection in terms of a water tank or hoses. He also requestsed they include dust mitigation for that project as they begin grading. The applicant stated that they do not have a problem with the traffic signal being installed prior to grading activity to control the traffic on Macy more effectively. In terms of the traffic hours he said it is quite reasonable to limit the traffic of the trucks to certain time periods that would not coincide with the peak hour in the morning. He further added that they will abide by the fixed hours for the truck traffic. In reference to the fire protection, they have been in contact with the Fire Department from the beginning of this project and they will be involved in every step along the way. He concluded by stating that it is his understanding that prior to actual construction of any framing work, beyond foundation work, the fire hydrants would be installed and operational. Chairman O'Neal asked Commissioner Zanelli if this did address his concerns. Commissioner Zanelli stated as far as the traffic for grading areas, if something can be worked out with Cal -Trans to have them access this project through SR74 which would alleviate the safety issues in the residential area. Regarding fire protection, he suggested a pumper truck be on site in case there is a brush fire. He stated that the nearest Fire Station is three (3) or four (4) miles away. Public Works Director Seumalo stated regarding constructability, he appreciates Commissioner Zanelli's insight as to the alternate route as well as the limited times. A CC July 14, 2009 Item No. 10 Page 31 of 34 PAGE 13 — PLANNING COMMISSION MINUTES — MARCH 6, 2007 Condition can be placed on the project to approach Cal -Trans and apply for an Encroachment Permit for access, he said he believes it is restricted access in that area, and that is completely up to Cal- Trans. He also stated that the City requires the applicant to seek out Cal -Trans approval and staff can assist with that. With respect to the grading limits of time, he added the following Condition, "Grading times for import/export shall be limited to avoid school pick -up, drop off times or between the hours of 7:30 am — 4:00 pm, depending on the school year. Commissioner O'Neal closed the Public Hearing at 7:30 pm. Commissioner Flores stated to Mr. Lashgari that he looked at the project site and is glad he is bringing new development and jobs to the City. He did have concerns about the fire flow issue but he is sure that he will have the appropriate water supply. He does like project and the design and asked the applicant if he would be addressing the referenced letter that was provided to the Commission? The applicant stated he does not recall the specifics of his agreement with the lady who wrote the letter, however, they did purchase a property from her at a substantial price in order to respond to a concern that the Fire Department required a secondary access. He further stated that it is a Condition of the staff to put in the road and it will be put in. As far as the other specifics of it, it is a private agreement between him and the property owner. Commissioner Flores thanked the applicant for being in favor of the installation of the signal prior to the beginning of the construction. Commissioner Mendoza had no additional questions and said he thinks the development will be very nice once it is completed. Vice Chair Gonzales clarified that approximately 204,000 cubic yards will be removed from the site, and asked how many truck loads that will be. The applicant states that a truck and trailer carries somewhere around fourteen (14) or fifteen (15) yards each. Vice Chair Gonzales asked where the dirt will be taken. The applicant stated that at this time they don't have a destination. Depending on when the actual permits are issued, they believe that there is a good demand for dirt, considering the topography of the City. He cannot give a final destination of where the dirt will be going because grading dump sites change on a weekly and monthly basis. Vice Chair Gonzales asked about Condition Number 38, assuming Cal -Trans denies access to Highway 74; he asked the applicant if they plan on widening Macy Street. CC July 14, 2009 Item No. 10 Page 32 of 34 PAGE 14 — PLANNING COMMISSION MINUTES —MARCH 6, 2007 The applicant stated that it will be their obligation to do full improvements to the Iimit of the existing pavement, which is approximately five hundred (500) linear feet from there to the property. During the grading period there will be heavy traffic with diesel trucks. In addressing the issues on the export from the site, Public Works Director Seumalo stated that the Grading Permit will not be issued until they know where the export material will be going and that it would be required to go to an approved site if it is within the City limits and if it outside the City limits, they don't have a requirement to know where it is going but will monitor where they will go. As far as the traffic is concerned, the idea of coming off of SR74 presents an interesting opportunity to have a grading circulation. He suggests having trucks coming on to the site off of SR74 and going off of the site, to go down Macy, thereby eliminating conflicts with the narrow roads down Macy. However, it is ultimately a Cal -Trans approval decision. In the case that Cal -Trans refuses, he suggests having traffic control for the trucks. Vice Chair Gonzales commented to the applicant that he doesn't want to see "big boxes" for homes being built and would really like to see some nice design. The applicant stated that these lots are premium lots and more than 50% of them have views to the lake and the valley, and he is sure that they are not going to be homes that are boxy. MOVED BY FLORES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5 -0 TO APPROVE RESOLUTION NO. 2007 -36, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS OF THE PROJECT KNOWN AS TENTATIVE TRACT MAP NO. 33140 IS CONSISTANT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN. MOVED BY MENDOZA, SECONDED BY GONZALES, AND PASSED BY A VOTE OF 5 -0 TO APPOVE WITH CHANGES RESOLUTION NO. 2007 -37, INCLUDING THE ADDITIONAL MITIGATIONS REGARDING THE INDIAN TRIBE MITIGATION, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECALARATION NO. 2005- 10. MOVED BY FLORES, SECONDED BY MENDOZA, AND PASSED BY A VOTE OF 5 -0 TO APPROVE CC July 14, 2009 Item No. 10 Page 33 of 34 PAGE 15 —PLANNING COMMISSION MINUTES — MARCH 6, 2007 RESOLUTION NO. 2007 -38, WITH THE AMENDED CONDITIONS OF APPROVAL, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 33140 WHICH SUBDIVIDES 72 ACRES OF LAND IN THE R -1 SINGLE - FAMILY RESIDENTIAL DISTRICT INTO 106 INDIVIDUAL LOTS. 7. Conditional Use Permit No. 211-01, Commercial Design Revie N. 2006 -01 Uniform Sign Program No. 20 7 -01 "Lakeshore Plaza Shoppin : Center Chairman 'Neal opened the Public Hearing 7:50 am. Director of 'immunity Development Preisen• provided a brief overview • the proposed projec , and requested Senior Planner H. • 's to review it with the Commis on and answer any q - stions. Project Planner Harri •rovided an overview of the proj - t. Applicant Greg Lukcos with Peninsula Retail Partners, the owner of the Shopping Center, agrees with the Co .• itions of Approval. Chairman O'Neal closes the P • lic Hearing at 7:55 pm. ' LANNING COMMISSION C • ENTS Vi - Chair Gonzales asked the applic.. t if he agreed with the Conditio that the Sherriff reque ted. Applican tated that he does agree. Vice Chair a ed about the plans for the other : ilding? The applicant sale that it will be a retail building . • no tenants occupy it yet. Commissioner Mend. . had no questions, and stated at it would be a fine addition o the community. Commissioner Flores has no additional questions an• thanked the applicant for omplying with Police Chief etherolf. Co 'ssioner Zanelli thanked th. applicant for working with the taff and modifying the desi , and had no additional quest • ns. CC July 14, 2009 Item No. 10 Page 34 of 34