HomeMy WebLinkAbout2009-10-27 CC Item No. 9 CITY OF ,
LA E , LSINO E
��� DREAM EXTREME.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY,
CITY MANAGER
DATE: OCTOBER 27, 2009
SUBJECT: EXTENSION OF TIME FOR TENTATIVE TRACT MAP
NO. 31593
Background
On November 8, 2005, the City Council approved Mitigated Negative Declaration No.
2005 -08, and Tentative Tract Map No. 31593. The City Council also adopted
Findings of Consistency for the Multiple Species Habitat Conservation Plan (MSHCP)
at that time.
On September 8, 2009 the extension of time for TTM 31593 request was scheduled
for City Council review. Prior to the meeting, the applicant requested a continuance
of the project off calendar to further analyze conditions of approval associated with
the project.
Discussion
Subdivision A of Section 16.24.160 of the Lake Elsinore Municipal Code authorizes
time extensions for Tract Maps for up to thirty six (36) months. However, the
applicant has requested a time extension for twenty four (24) months or November 8,
2009. It should be noted that this is different than the applicant's original request of
thirty six (36) months. This is due in effort to take advantage of the recently passed
and approved Senate Bill (SB) 1185 and Assembly Bill (AB) 333. The mentioned
Bills grant automatic one (1) year and two (2) year extensions respectively to
qualifying maps. The effect of these automatic extensions on this map is further
explained in bullet point format near the end of this report.
As previously identified, on November 8, 2005, the City Council approved Tentative
Tract Map No. 31593 for the subdivision of 227 -acres of residentially zoned land into
521 individual lots. It should be noted that through final map preparation, the number
of lots has been reduced by two (2) (in an effort to satisfy the on site park
requirement) for a total of 519 single - family residential lots.
CC Agenda 10 -27 -2009 Item No. 9
Page 1 of 40
Extension of Time for
Tentative Tract Map No. 31593
October 27, 2009
Page 2 of 3
In reviewing this extension request, staff analyzed proposed and surrounding
amenities available for the use of future residents of the tract and if additional
amenities were warranted. With the number of proposed single - family residential lots
(over 500), staff believes adding a public park as well as private amenities (i.e. club
house facility, pool, play equipment, etc.) to the project site is appropriate. Staff has
conditioned the project accordingly. The applicant has disagreed with staffs
recommendation and has proposed a 5.0 -acre public "park site ". The identified site is
located near the northwestern portion of the site (Lot A -A). If approved as
recommended, the Final Map will have to be revised to reflect the identified Public
Park and Neighborhood Recreation Lot.
It should be noted that five (5) small pocket parks (approximately 10,000 square feet
each) randomly placed throughout the subdivision were eliminated and the identified
"park site" has been established in their place. Also, the project was originally
conditioned to provide a Home Owner's Association (HOA), therefore creating an
entity for maintenance and upkeep of staff's conditioned club house and private
amenities. Further, conditions associated with the original map and park site (a park
to be shared with the adjacent property [Southshore II] by the same owner) have
been modified and some have been omitted. As the Council may be aware, the
ownership has changed hands making the previously mentioned shared park
scenario no longer feasible.
The map was originally scheduled to expire on November 8, 2007, however, the
applicant submitted a request for a map extension in September, 2007. Following the
request, property ownership changed on several occasions (approximately six times)
during the review process. Staff continued to work in good faith with the project
engineer and each new property owner as they assumed ownership. Thus, the map
extension process went well beyond a normal processing time. The City Council has
the ability to approve the extension request dating back to the original expiration date
(November, 2007). Therefore, the extension request would be good for two (2) years
or twenty four (24) months or November 8, 2009. In addition, approval of the
requested extension by the City Council would also qualify the map for the previously
mentioned Senate and Assembly Bills as follows:
• Senate Bill 1185 would grant an automatic one (1) year extension from
November 8, 2009 to November 8, 2010.
• Assembly Bill 333 would grant an automatic two (2) year extension from
November 8, 2010 to November 8, 2012.
• It should be further noted that the applicant would be eligible for one twelve
(12) month extension through the City's Map Extension process following the
previously identified automatic extensions, giving the map an extension period
through November 8, 2013, if all extensions are granted /exhausted.
CC Agenda 10 -27 -2009 Item No. 9
Page 2 of 40
Extension of Time for
Tentative Tract Map No. 31593
October 27, 2009
Page 3 of 3
Recommendation
Adopt a Resolution approving the request for an Extension of Time for Tentative
Tract Map No. 31593 for twenty four (24) months or until November 8, 2009.
Prepared by: Kirt A. Coury KC
Project Planner
Reviewed by: Tom Weiner, ‘ LA )
Acting Director of Community Development
Approved by : Robert A.
City Manager Brady �`�
!ir
Attachments:
1. Vicinity Map
2. City Council Resolution No. 2009- approving Extension of Time for
Tentative Tract Map No. 31593
3. Final Conditions of Approval
4. City Council Staff Report and Minutes dated September 8, 2009
5. City Council Staff Report, Conditions of Approval and Minutes dated
November 8, 2005
6. Full Sized Plan - Tentative Tract Map No. 31593
CC Agenda 10 -27 -2009 Item No. 9
Page 3 of 40
VICINITY MAP
TENTATIVE TRACT MAP 31593
APN'S 347 - 250 -006, 007, 008,
347 - 350 -003, 004, 005, 008 THRU 010, 013, 015
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CC Agenda 10 -27 -2009 Item No. 9
Page 4 of 40
RESOLUTION NO. 2009 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING AN
EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO.
31593
WHEREAS, Ron Martin & Associates, filed an application with the City of
Lake Elsinore requesting approval of an extension of time for Tentative Tract Map No.
31593 (the "Extension "); and
WHEREAS, the project site is proposed for the subdivision of
approximately 227 -acres of land into 519 single - family residential Tots with a Home
Owner's Association park integrated into the project design and associated
improvements; and
WHEREAS, the project site is located east of Interstate 15 and the
Spyglass Specific Plan and immediately south of Wasson Creek; and
WHEREAS, Subdivision A of Section 16.24.160 of the Lake Elsinore
Municipal Code authorizes time extensions for Tract Maps for up to thirty six (36)
months.; and
WHEREAS, pursuant to the California Environmental Quality Act (Cal.
Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for
Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines "), 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 establishes the standard to
be used when determining whether subsequent environmental documentation is
necessary and says that when an environmental document has already been adopted
for a project, no subsequent environmental documentation is needed for subsequent
entitlements which comprise the whole of the action unless substantial changes or new
information are presented by the project; and
WHEREAS, on November 8, 2005, the City Council of the City of Lake
Elsinore, adopted Mitigated Negative Declaration No. 2005 -08 in accordance with the
requirements of the CEQA and the CEQA Guidelines; and
WHEREAS, the extension is found to be in conformance with the originally
approved Tentative Tract Map and the extension does not present new information
regarding the potential environmental impacts of development; and
1 CC Agenda 10 -27 -2009 Item No. 9
Page 5 of 40
WHEREAS, the City Council has considered evidence presented by the
Community Development Department and other interested parties at a public meeting
held with respect to this item on September 8, 2009 and October 27, 2009.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve as follows:
Section 1. The City Council has considered the proposed extension of
time, and has found it acceptable.
Section 2. That in accordance with CEQA and the CEQA Guidelines, the
City Council finds that the extension of time conforms with the originally approved map,
and does not present any new information, circumstances, or changes to the project
that were analyzed under Mitigated Negative Declaration No. 2005 -08. The extension
of time does not change density or intensity of use. It simply extends the land use
entitlement for an additional twenty four (24) months or November 8, 2009, allowing the
applicant more time within which to develop the property in accordance with conditions
of approval. Therefore, it is not necessary to conduct any further environmental review
for the Project.
Section 3. That in accordance with Lake Elsinore Municipal Code Section
16.24, the City Council makes the following findings for the approval of the extension of
time for twenty four (24) months or November 8, 2009, months for Tentative Tract Map
No. 31593:
1. The proposed 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.
The project has been reviewed by the City and the appropriate affected Agencies
and been determined to be consistent with the designated land use planning area,
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 proposed subdivision is compatible with the objectives, policies, general land
uses and programs specified in the General Plan (Government Code Section
66473.5).
The project has been reviewed by the City and the appropriate affected Agencies
and been determined to be consistent with the designated land use planning area,
development and design standards, and all other appropriate requirements
contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision
Map Act.
2 CC Agenda 10 -27 -2009 Item No. 9
Page 6 of 40
3. The effects this proposed 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, and will
provide housing opportunities consistent with the General Plan land use designation.
In addition, the project has been conditioned to 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 project will comply with all appropriate conservation requirements of the City
and Uniform Building Code and will not preclude future opportunities for passive
natural heating or cooling opportunities.
Section 4. Based upon the evidence presented, the above findings, and
the attached conditions of approval imposed upon the extension, the City Council
hereby approves an extension of time for twenty four (24) months or November 8, 2009,
for Tentative Tract Map No. 31593.
Section 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, this 27 day of October, 2009
ROBERT MAGEE
MAYOR
ATTEST:
DEBORA THOMSEN
CITY CLERK
3 CC Agenda 10 -27 -2009 Item No. 9
Page 7 of 40
APPROVED AS TO FORM:
BARBARA LEIBOLD
CITY ATTORNEY
CITY OF LAKE ELSINORE
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 27 day of October 2009,
and that the same was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
DEBORA THOMSEN
CITY CLERK
4 CC Agenda 10 -27 -2009 Item No. 9
Page 8 of 40
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 31593
MAP EXTENSION
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants 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 implementation and construction of
Tentative Tract Map No. 31593, which action is bought within the time period provided
for in California Government Code Sections 65009 and /or 66499.37, and Public
Resources Code Section 21167. The City will promptly notify the applicant of any such
claim, action, or proceeding against the City and will cooperate fully with the defense.
TENTATIVE TRACT MAP NO. 31593
2. The Tentative Tract Map Extension will expire in two (2) years or twenty four (24)
months or November 8, 2009, 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 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. The applicant shall designate a minimum of five (5) acres of land on site to include a
Park Site and Neighborhood Recreation Lot. Said Park Site shall be no Tess than three
and a half (3.5) acres in size, and shall include recreation facilities (i.e. ball fields, tot lot
with play equipment, etc.). Said Neighborhood Recreation Lot shall be not less than 1.5
acres in size, and shall include recreational amenities - (including parking, a patio area, a
clubhouse of not less than 2,000 square feet and a community pool of not Tess than
3,000 square feet) The proposed Neighborhood Recreation Lot and amenities thereon
shall be maintained by the Home Owner's Association (HOA.).
6. Prior to the recordation of the Final Map, the Applicant shall submit a preliminary
concept plan of the proposed recreation facilities and amenities on the Park Site and
Neighborhood Recreation (HOA) Lot to the Community Development Director of
Community Services for review and approval. Applicant shall also post a performance
bond in the amount of two- million dollars ($2,000,000.00) guaranteeing the construction
of the park as provided herein which shall stay in place until the completion of the
City Council CC Agenda 10 -27 -2009 Item No. 9
Page 9 of 40
CONDITIONS OF APPROVAL
Page 2 of 10
TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
improvements to the Park Site.
7. Prior to the issuance of the first building permit, the Applicant shall submit to the
Community Development Director, for review and approval, detailed park facilities
plans, landscape plans, irrigation plans and such other plans as may reasonably be
required for purposes of constructing a five (5) acre "turn -key" Public Park and Home
Owner's Association Neighborhood Recreation Lot.
8. The applicant shall grade the Park Site and Neighborhood Recreation Lot to provide a
minimum of five (5 acres and shall secure the Site against erosion.
9. Prior to the issuance of the first (1 Certificate of Occupancy for Tract No. 31593,
Applicant shall complete construction of the Park Site and Neighborhood Recreation Lot
improvements and amenities consistent with the preliminary plan and the requirements
herein such that the Park Site and Neighborhood Recreation Lot are in a "turn -key"
condition.
10. With respect to park fees paid or to be paid by Applicant, Applicant shall be entitled to a
fee credit (or fee reimbursement for park fees already paid) to the extent of Applicant's
actual on -site construction costs of the park improvements on the Park Site.
11. The applicant shall comply with all the mitigations contained and identified in the
Mitigated Negative Declaration No. 2005 -08.
12.AII lots shall comply with minimum standards contained in the LEMC.
13.A precise survey with closures for boundaries and all Tots shall be provided per the
LEMC.
14. The applicant shall comply with all conditions of the Riverside County Fire Department.
15.The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
16.AII future structural development associated with this map shall require separate Design
Review approval.
17. 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.
18. 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.
City Council
CC Agenda 10 -27 -2009 Item No. 9
Page 10 of 40
CONDITIONS OF APPROVAL
Page 3 of 10
TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
19. 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.
20. The applicant shall pay applicable fees and obtain proper clearance from the Lake
Elsinore Unified School District (LEUSD) prior to issuance of building permits.
21. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of
each building permit.
22.The applicant shall pay all applicable fees including park fees.
23. The applicant shall meet all requirements of the providing electric utility company.
24.The applicant shall meet all requirements of the providing gas utility company.
25.The applicant shall meet all requirements of the providing telephone utility company.
26.A bond is required guaranteeing the removal of all trailers used during construction.
27.AII signage shall be subject to Planning Division review and approval prior to
installation.
28. 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.
29. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate
Landscaping and Lighting Maintenance District (LLMD).
30. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate
Community Facilities District (CFD).
ENGINEERING
31. Construct Elsinore Hills Road at full width secondary arterial standard (70'/90') within
project boundaries by first certificate of occupancy.
32. Construct Elsinore Hills Road from the project's south boundary to Camino Del Norte
(proposed CFD links H and G). Two full lanes and shoulders are the minimum
requirement. At intersections, additionally widening will be required for left turn lanes -all
prior to first certificate of occupancy. The roadway shall be designed to secondary
arterial standards.
City Council
CC Agenda 10 -27 -2009 Item No. 9
Page 11 of 40
CONDITIONS OF APPROVAL
Page 4 of 10
TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
33. Construct Camino Del Norte to two full lanes and shoulders (proposed CFD Zink F) prior
to first certificate of occupancy. The roadway shall be designed to be consistent with the
approved General Plan Circulation Element.
34. Improve the intersection of Camino Del Norte and Main Street as determined by the
approved Traffic Study prior to first certificate of occupancy.
35. Install a traffic signal at Main Street and the northbound 1 -15 ramps prior to the 100
certificate of occupancy or as satisfied by the City Engineer pending Caltrans process
(Amended at City Council Meeting of November 8, 2005).
36. Construct Elsinore Hills Road to full width and connect to Tract 25478 prior to first
certificate of occupancy.
37. Join the proposed CFD when it is formalized. If CFD is not formed, the project shall be
eligible for fair share reimbursement from future developments in the area (Amended at
City Council Meeting of November 8, 2005) if the CFD exists.
38. 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.
39. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26).
40. 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.
41. Construct all public works improvements per approved street plans (LEMC 12.04).
Plans must be approved and signed by the City Engineer prior to final map approval
(LEMC 16.34).
42. 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).
43. Street and alley 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).
44.Applicant shall submit an updated traffic study which analyzes and mitigates the impact
of this project on the affected infrastructure for staff approval.
45.Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to final map approval.
City Council
CC Agenda 10 -27 -2009 Item No. 9
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CONDITIONS OF APPROVAL
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TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
46.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans
requirements.
47. Desirable design grade for local streets shall not exceed 12 %.
48. Interior streets shall be designed with 12% as the desired grade and intersecting streets
shall meet at a maximum grade of 6 %
49. Pay all fees and meet requirements of encroachment permit issued by the Engineering
Division for construction of public works improvements (LEMC 12.08 and Resolution 83-
78).
50.All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 1 /2" x 11" Mylar) shall be submitted to the Engineering Division before
final inspection of public works improvements will be scheduled and approved.
51. The applicant shall install permanent bench marks to Riverside County Standards and
at a location to be determined by City Engineer.
52.Applicant shall obtain all necessary off -site easements for off-site grading from the
adjacent property owners prior to final map approval.
53.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.
54. Provide fire protection facilities as required in writing by Riverside County Fire.
55. Provide street lighting and show lighting improvements as part of street improvement
plans as required by the City Engineer.
56. Developer shall annex to the City's Street Lighting and landscaping Maintenance
District.
57. Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations.
58. Applicant shall submit a traffic control plan showing all traffic control devices for the tract
to be approved prior to final map approval. All traffic control devices shall be installed
prior to final inspection of public improvements. This includes No Parking and Street
Sweeping Signs for streets within the tract.
59.AII improvement plans and tract maps shall be digitized. At Certificate of Occupancy
applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS
or developer to pay $300 per sheet for City digitizing.
City Council
CC Agenda 10 -27 -2009 Item No. 9
Page 13 of 40
CONDITIONS OF APPROVAL
Page 6 of 10
TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
60.AII utilities except electrical over 12 kv shall be placed underground, as approved by the
serving utility.
61.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.
62. Provide soils, geology and seismic report including street design recommendations.
Provide final soils report showing compliance with recommendations.
63.An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake
faults and /or liquefaction zones present on -site.
64.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 with drainage
improvements installed per City Standards.
65. Prior to commencement of grading operations, applicant to provide to the City with a
map of all proposed haul routes to be used for movement of export material. Such
routes shall be subject to the review and approval of the City Engineer.
66.Applicant to provide to the City a photographic baseline record of the condition of all
proposed public City haul roads. In the event of damage to such roads, applicant shall
pay full cost of restoring public roads to the baseline condition. A bond may be required
to ensure payment of damages to the public right -of -way, subject to the approval of the
City Engineer.
67. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent
property owners by a letter of drainage acceptance or conveyed to a drainage
easement.
68.0n-site drainage facilities located outside of road right -of -way should be contained
within drainage easements shown on the final map. A note should be added to the final
map stating: "Drainage easements shall be kept free of buildings and obstructions ".
69.AII natural drainage traversing site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer.
City Council
CC Agenda 10 -27 -2009 Item No. 9
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CONDITIONS OF APPROVAL
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TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
70. 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.
71.AII drainage facilities in this tract shall be constructed to Riverside County Flood Control
District Standards.
72. Storm drain inlet facilities shall be appropriately stenciled to discourage illegal dumping
in the drain system, the wording and stencil shall be approved by the City Engineer.
73. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof
drains should drain to a landscaped area when ever feasible.
74.10 year storm runoff should be contained within the curb and the 100 year storm runoff
should be contained within the street right -of -way. When either of these criteria is
exceeded, drainage facilities should be installed.
75.A drainage acceptance letter will be necessary from the downstream property owners
for conveying the proposed storm water run -off on private property.
76. Developer shall be subject to all Master Planned Drainage fees and will receive credit
for all Master Planned Drainage facilities constructed.
77. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements
for each Phase as approved by the City Engineer.
78. 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.
79.Applicant shall comply with all NPDES requirements in effect; including the submittal of
a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional
Water Quality Control Board.
80.Applicant will be required to install BMP's using the best available technology to mitigate
any urban pollutants from entering the watershed.
81.Applicant shall provide the city with proof of his having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water pollution prevention plan prior to issuance
of grading permits. The applicant shall provide a SWPPP for post construction which
describes BMP's that will be implemented.
82.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board
for their storm water pollution prevention plan including approval of erosion control for
City Council
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CONDITIONS OF APPROVAL
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TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
the grading plan prior to issuance of grading permits. The applicant shall provide a
SWPPP for post construction which describes BMP's that will be implemented for the
development and including maintenance responsibilities.
83. Education guidelines and Best Management Practices (BMP) shall be provided to
residents of the development in the use of herbicides, pesticides, fertilizers as well as
other environmental awareness education materials on good housekeeping practices
that contribute to protection of stormwater quality and met the goals of the BMP in
Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.
84.Applicant shall provide first blush BMP's using the best available technology that will
reduce storm water pollutants from parking areas and driveway aisles.
85. Intersection site distance shall meet the design criteria of the CALTRANS Design
Manual (particular attention should be taken for intersections on the inside of curves). If
site distance can be obstructed, a special limited use easement shall be recorded to
limit the slope, type of landscaping and wall placement.
86. Intersecting streets on the inside radius of a curve will only be considered when
adequate sight distance is verified by a registered civil engineer.
87. 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.
88. Restricted local interior double- loaded streets shall not have less than a 50 ft. Right -of-
way with 36 ft. Curb -to -curb and a 3 ft. utility easement on each side of the street.
Single- loaded local streets shall not have Tess than a 45 ft. right -of -way with a 3 ft. utility
easement and 36 ft. curb -to -curb
89. No residential lot shall front and access shall be restricted on collector streets and so
noted on the final map.
90.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.
91. Upon demonstration to the City that an adjacent property owner is unable to gain
reasonable access for an adjacent parcel (considering available option along the entire
boundary of the parcel) to Elsinore Hills Road, City shall inform Developer and
Developer agrees to take proactive measures to establish adequate access to
accommodate the adjacent parcel. Alternatively, the City may require that Developer
offer an easement for necessary ingress and egress solely to address the needs of the
adjacent parcel. The conveyance of any easement pursuant to this condition shall not
City Council
CC Agenda 10 -27 -2009 Item No. 9
Page 16 of 40
CONDITIONS OF APPROVAL
Page 9 of 10
TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
conflict with designated uses of property including any and all conservation, open space
or mitigation use of property (Amended at City Council Meeting of November 8, 2005).
92. The Developer shall provide access to adjacent properties needing access through this
development by public right -of -way or access easement based on a reasonable
accessibility determination to the satisfaction of the City.
93. If right -of -way is abandoned as part of this development, then adjacent property affected
by the abandonment's must still have access to public maintained right -of -way.
94. The final map shall show the abandonment of dedications of public right -of -way or
easements by appropriate certifications on the map.
95. Developer to provide access to property owners and utility agencies to property to the
west of the tract including during construction.
96. If necessary, applicant must submit a conditional letter of map revision (CLOMR) to
FEMA prior to issuance of building permits. A letter of map revision (LOMR) must be
approved from FEMA prior to the 50th certificate of occupancy.
97. Applicant shall record CC & R's for the tract prohibiting on- street storage of boats, motor
homes, trailer, and trucks over one -ton capacity, roof mounted or front yard microwave
satellite antennas. The CC & R's shall be approved by the Community Development
Director prior to recordation of final map.
98. Applicant shall cause to be recorded a CC &R's with recordation of final map which
provides for irrevocable reciprocal parking, circulation, loading and landscape
maintenance easement in favor of all lots subject to the approval of the director of
Community Development & the City Attorney. The CC& R's shall enforce standards of
building maintenance, participation in landscape maintenance, prohibition of outside
vehicle or material storage.
99. Applicant shall provide a homeowner's association with CC & R's for maintenance of
the open space.
100. Developer shall provide an approved open space conservation easement for the tracts
open space with a fuel modification zone for a fire break to be maintained by a
homeowner's association.
101. The large open space lots adjacent to residential lots shall have areas designated as
fuel modification zones for a firebreak to be maintained by a homeowner's association.
102. All open space and slopes except for public parks and schools and flood control district
facilities, outside the public right -of -way will be owned and maintained by either a home
owner's association or private property owner.
City Council
CC Agenda 10 -27 -2009 Item No. 9
Page 17 of 40
CONDITIONS OF APPROVAL
Page 10 of 10
TENTATIVE TRACT MAP NO. 31593 MAP EXTENSION
103. Existing access easements over property must be addressed to the satisfaction of the
easement owners prior to final map approval.
104. All waste material, dcbris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or other ph „es of the construction shall be disposed of
charge the applicant for bin rental or solid waste disposal. If the applicant is not using
another vendor, the applicant shall supply proof of debris disposal at a recycling centcr,
including verification of tonnage by certified weigh master tickcts. (Amended at City
Council Meeting of November 8, 2005).
105. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR &R Inc. or current franchisee 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.
106. Applicant shall pay all applicable development fees, including but not all inclusive:
TUMF, MSHCP, TIF and area drainage fees.
City Council
CC Agenda 10 -27 -2009 Item No. 9
Page 18 of 40
CITY OF
LAKE oLSINODE
DREAM EXTREME,.
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: ROBERT A. BRADY,
CITY MANAGER
DATE: SEPTEMBER 8, 2009
SUBJECT: EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO.
31593
Background
On November 8, 2005, the City Council approved Mitigated Negative Declaration No.
2005 -08, and Tentative Tract Map No. 31593. The City Council also adopted
Findings of Consistency for the Multiple Species Habitat Conservation Plan (MSHCP)
at that time.
Discussion
Subdivision A of Section 16.24.160 of the Lake Elsinore Municipal Code authorizes
time extensions for Tract Maps for up to thirty six (36) months. The applicant has
requested a time extension for the aforementioned thirty six (36) months or
November 8, 2010.
As previously identified, on November 8, 2005, the City Council approved Tentative
Tract Map No. 31593 for the subdivision of 227 -acres of residentially zoned land into
521 individual Tots. It should be noted that through final map preparation, the number
of lots has been reduced by five (5) for a total of 516 single - family residential lots.
In reviewing this extension request, staff analyzed proposed and surrounding
amenities available for the use of future residents of the tract and if additional
amenities were warranted. With the number of proposed single - family residential lots,
staff believes adding a club house facility and amenities to the project site is
appropriate. The applicant agreed with staff's recommendation and has provided an
additional 2.70 -acre "neighborhood recreational lot" to include a club house facility
and amenities (i.e. pool, play equipment, etc.). The "neighborhood recreational lot" is
located near the central western portion of the site (Lot A -A, approximately 117,612
square feet). It should be noted that five (5) small pocket parks (approximately
10,000 square feet each) randomly placed throughout the subdivision were
CC Agenda 10 -27 -2009 Item No. 9
Page 19 of 40
Extension of Time for
Tentative Tract Map No. 31593
September 8, 2009
Page 2 of 2
eliminated and the identified "neighborhood recreational lot" has been established in
their place. Also, the project was originally conditioned to provide a Home Owner's
Association (HOA), therefore creating an entity for maintenance and upkeep.
The map was originally scheduled to expire on November 8, 2007, however, the
applicant submitted a request for a map extension in September, 2007. Following the
request, property ownership changed on several occasions (approximately six times)
during the review process. Staff continued to work in good faith with the project
engineer and each new property owner as they assumed ownership. Thus, the map
extension process went well beyond a normal processing time. The City Council has
the ability to approve the extension request dating back to the original expiration date
(November, 2007). Therefore, the extension request would be good for three (3)
years or thirty six (36) months or November 8, 2010.
Recommendation
Adopt a Resolution approving the request for an Extension of Time for Tentative
Tract Map No. 31593 for thirty six (36) months or until November 8, 2010.
Prepared by: Kid A. Coury
Project Planner
Reviewed by: Tom Weiner,
Acting Director of Community Development
Approved by : Robert A. Brady
City Manager
Attachments:
1. Vicinity Map
2. City Council Resolution No. 2009- approving Extension of Time for
Tentative Tract Map No. 31593
3. Final Conditions of Approval
4. Full Sized Plan - Tentative Tract Map No. 31593
CC Agenda 10 -27 -2009 Item No. 9
Page 20 of 40
Lake Elsinore City Council Meeting
Regular Meeting Minutes of September 8, 2009
Page 7 of 10
1 .
ri t requested timeframe and to . uthorize the City Manager • execute the
Ag : ement as recommended.
Counci • ember Hickman questioned if t -y were held to a timeline fo heir plan
check se ices. Director Seumalo stated ey have a two -week windo which
the City do= • enforce.
AYES: Bhutta, Buckley, Hickman, , gee, Melendez.
NOES: one.
PUBLIC HEARINGS)
None.
PEALS)
Non
P I
BUSINESS ITEM(S)
(7) Extension of Time for Tentative Tract Map No. 31593
Recommendation:
Adopt a Resolution approving the request for an Extension of Time for
Tentative Tract Map No. 31593 for thirty six (36) months or until
November 8, 2010.
{ Mayor Magee noted there was no one present to speak.
Council was presented with a letter from McCathem / Mooty LLP dating
September 4`", 2009 requesting an extension to the next Council meeting
to be held on September 22, 2009.
MOTION was made by Councilmember Hickman, second by Mayor Pro Tem
Melendez and unanimously carried to extend Tentative Tract Map No. 31593 •
as requested.
City Manager Brady stated per discussion with Acting Community
Development Director Weiner, staff is requesting the item be taken off
calendar although the letter from McCathem / Mooty LLP requested an
J'.
CC Agenda 10 -27 -2009 Item No. 9
Page 21 of 40
i
,
I '
Lake Elsinore City Council Meeting
Regular Meeting Minutes of September 8, 2009
Page 8of10
extension to September 22, 2009. City Manager Brady stated rather then
extending the item for one week and possibly having to extend the item
again, staff currently recommends the item be continued off - calendar.
l'l The motion was then amended by Councilmember Hickman.
MOTION was made by Councilmember Hickman, second by Mayor ayor Pro Tem
Melendez and unanimously carried to extend Tentative Tract Map No. 31593
off - calendar.
Councilmember Buckley stated he strongly supports taking the item off
calendar.
Mayor Magee agreed and thanked staff for reviewing the Conditions of
Approval.
AYES: Bhutta, Buckley, Hickman, Magee, Melendez.
NOES: None.
Mayo Magee adjoumed the City Co, ncil meeting at 7:23 m. for the + Redev; opment Agency to conduct their me=ting.
Mayor Ma• -e reconvened the City Council meting at 7:24 p.m. and pr eeded
with the rest if the City Council Meeting.
PUBLIC COMME TS — NON - AGENDIZED ITEMS — 3 INUTES
There was no one pre -ant who wished to speak regarding : non - agenized item.
ITY MANAGER COMME S
Ci s Manager Brady thanked t •se involved in the planning of the '►ture college
noti • how important this is to th City of Lake Elsinore.
He re 'nded everyone there we - still tickets available for the auma
i Interventi• n Program (TIP) for $75.00 • r the "Heroes with Hearts" ceremon He
noted seve - I staff members were bein honored. The event will be at 6 . .,
Friday, Sept- ber 11, 2009 at the Diamo • Club. p
•
II CC Agenda 10 -27 -2009 Item No. 9
Page 22 of 40
4014
i ri , T* ., ir. _ .
!� PLANNING COMMISSION (")
STAFF REPORT -
Gry a lake Elsinore
P lanning Divis i on
130 S. Man Surat
Lake Elmore, CA 92530 •
(909) 674 -3124
(909) 471 1419 fax
l . t . .. ..� y „, ,, °' _, e , P ar - .. .„ S 3 a , . 4 7-5,-E. s 1 ice'
,,:t., n :v .cc,.' r�R �rxef :-x'4 .'v.� r, w r -: • -« 1-_., .f .• : r, � ., ar`
DATE: October 18, 2005
TO: Chairman and Members of the Planning Commission
FROM: Robert A. Brady, City Manager
PREPARED BY: Kirt A. Gouty, Associate Planner
PROJECT TITLE: Tentative Tract Map No. 31593
APPLICANT: . Southshore Properties, LLC, 6600 W. Charleston Boulevard, Suite
124 Las Vegas, Nevada 89146 (( 1l
REQUEST �.�/
The proposed project consists of the residential development of Tentative Tract Number 31593
(previously known as Tentative Tract 25171 and 26459) within the northeastern section of the City
of Lake Elsinore on approximately 234.0 acres pursuant to the requirements of Section 16
"Subdivisions" of the Lake Elsinore Municipal Code and section(s) 66424 and 66427 of the
California Subdivision Map Act (CSMA).
The project . proposes to develop approximately 94 acres of the property into 521 single-family
residential lots with a minimum lot size of 6,000 square feet and a maximum lot size of 10,000
square feet. The project will include approximately 94 acres of open space consisting of open lots,
landscaped slopes and a detention basin along the southeast boundary, adjacent to Elsinore Hills
Drive. The project proposes to expand Elsinore Hills Drive to the north and build a road crossing
over Wasson Creek using a 30 -foot wide arch structure. An additional 11 acres will be conserved in
the Multiple Species Habitat Conservation Plan. The residential development is clustered to the
north and south of a series of prominent peaks which run through the center of the property.
Approximately 61.3 acres containing the major ridgeline will be preserved in their natural state.
LOCATION
The subject site is located easterly of Interstate 15 and Camino Del Norte and northerly of the
extension of a proposed roadway link from Camino Del Norte to the Ramsgate Specific Plan area,
immediately south of the Wasson Creek. The Spyglass Ridge Specific Plan abuts the project site to
CC Agenda 10 -27 -2009 Item No. 9
Page 23of40
PLANNING COMMISSION STAFF REPORT .
October 18, 2005
t PAGE
PROJECT TITLE: TENTATIVE TRACT MAP NO. 31593
the south, vacant land abuts the property to the west, Tract Map No. 25473 is located to the east
and the Ramsgate Specific Plan is Iocated to the north.
•
ENVIRONMENTAL SETTING
'� -g ? .? c r Y .+ iw^ s-' fir - 4, - -:-. * - r ' r;,?..-1-
,�
i e s Li-' ' 2 _ ^ � , -}„ �' : p,, n i rii ii g :,� 4 'qtr' .
t r 4 _ i�= e'' - 1TF" r I ' =!
1'L7.�c'��•u:3?�a4 . :H. _t... .�.r' "� �.'z2 � ". � ,r.�..na�?.` .,ze.''t,..��..de�..,._ _ � � �' •�"'ir.;a�� La�....i*� .- .r...i.:,t:.:
Project Vacant R -1, Single- Family Low Density Residential
Site Residential/R -E Residential
_ Estate
North Single Family /Vacant Specific Plan (Ramsgate Approved Specific Plan
Specific Plan) (Ramsgate Specific Plan)
South Vacant R -1, Single- Family Residential Specific Plan "G" - Name
to Be Determined
East Vacant Specific . Plan . (Ramsgate Approved Specific Plan
Specific Plan) (Ramsgate Specific Plan)
West . Vacant R -E Residential Estate Low Density Residential,
Low Medium Density
Residential band Freeway
(--.. Business
PROJECT DESCRIPTION
The proposed tract map will subdivide the aforementioned 234.0-acres of residentially zoned land
into 521 single - family residential lots. The proposed lots will range in size from 6,000 square feet to
10,000 square feet with an average lot size of 7,730 square feet.
DISCUSSION
The proposed subdivision has been 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.
It should be noted that the project will provide five private community "pocket parks" throughout
the proposed subdivision. In addition, the project has been conditioned to provide a minimum 10
"usable" acre off -site park on an adjacent parcel. The applicant owns the adjacent land and is
currently processing a tract map project (TM 32013) on that site. The conditions require the
applicant to provide the identified park between the two projects to serve the future residents in the
immediate area. It should be further noted that . the applicant is conditioned to construct said park in
"turn key" condition prior to the issuance of the first certificate of occupancy of this identified
/1 residential subdivision (ITM 31593).
CC Agenda 10 -27 -2009 Item No. 9
Page 24 of 40
PLANNING COMMISSION STAFF REPORT
October 18, 2005
PAGE3of5
PROJECT TITLE: TENTATIVE TRACT MAP NO. 31593 `•i
ENVIRONMENTAL
The proposed Mitigated Negative Declaration No. 2005 -08 has been prepared pursuant to Article 6
(Negative Declaration Process) and Section 15070 (Decision to Prepare a Negative or
Mitigated Negative Declaration) of the Cal fi rma Emrironr,,mtal 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 Cagorrria Envirtanmental Quality Act (CEQA), the intended
Mitigated Negative Declaration was submitted to the State Clearinghouse on September 1, 2005 for the
required 30 day review period.
. RECOMMENDATION
It is recommended that the Planning Commission adopt Resolution No 2005 - recommending
City Council adoption of Findings of Consistency with Sections 6.1.2 and 6.1.4 of the MSHCP, and
Resolution No. 2005 - , recommending to the City Council approval of Mitigated Negative
Declaration No. 2005 -08; and Resolution No. 2005 -_, recommending to the City Council approval
of Tentative Tract Map No. 31593, based on the following Findings, and Exhibits `A', thru `E', and
the attached Conditions of Approval.
FINDINGS - MSHCP CONSISTENCY
1. The proposed project is a project under the City's MSHCP Resolution that must make an
MSHCP Consistency finding before approval.
Pursuant to the City's MSHCP Resolution, because the proposal profit requires a runnier of discretionary
apprvuals firm the City and is subject to CEQA review, it must k reveued for MSHCP mrzsistemcy, uhith
entails for the proposed pojtt d determininglvloher it is subject to the City's LEAP process, consistent with the
Protection of Species Associated with Riparimm/Rimerirne Areas and Vernal Pool Guidelines (MSHCP, §
6.1.2), Guidelines Pertaining to Urban/Wildlmmd Interface (MSHCP, § 6.1.4), Additional Survey Neils
and Procedures (MSHCP, § 63.2), Urlan/Wildlarrds Interface Guidelines (MSHCP, § 6.3.2), Vegetatio s
Mapping (MSHCP, § 6.3.1) requirenesmts, Fuels Mangan mt Guidelines (MSHCP, § 6.4), and payrort
the MSHCP Local Derafopnent Mitigation Fee (MSHCP Ordinance, § 4).
2. The proposed project is subject to the Joint Project Review process.
A crd cling to the Multi•Spds Habitat Couerzati n Plan ( MSHCP), the foovrint of the project site is locatal
within the Elsinore Area Plant This Area . Plain, the County's RCIP Website (see
htrp.• / /wwtanip org /maps.htm), and the (MSHCP) Ccnsenaticn Summary Report Generator Sheet for the
area show that the proposed profit is located within Subunit 5, Proposed Core 1 and c mpises a portion of Cell
Groups A', B' and Z' of the Elsinore Area Plan and is subject to the City's LEAP process. The proposed
prOect is locate.i within Cells 4276 and 4367 of the MSHCP. Ccnserwticn within the Cell Groups will focus
on chaprrra4 coastal sage scrub, riparian scrub and unodland and forest habitat As a result, the proposal
pn't has been subject to the Joint Pmjrt Review process.
CC Agenaa 10-27-2009 Item No. 9
Page 25 of 40
PLANNING COMMISSION STAFF REPORT
October 18, 2005
•
t ' PAGE4of5
PROJECT TITLE: TENTATIVE TRACT MAP NO. 31593
3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools
Guidelines.
No riparian, riterine, wmal pool /fairy shrimp habitat and other aquatic reso s were identified on the prop2sel
project site. The Riterside fairy shrimp is not expected to occur on the proposed Pruitt site due to lack ofsuitaUe
habitat. As a result, no further MSHCP analysis or conservation treasures are squired The proposed project
is threrefore consistent with the Ripaian/RizerzrreAreas and Veinal Pools Guidelines
4. The proposed project is • consistent with the Protection of Narrow Endemic Plant Species
Guidelines.
The pvjea site does fall within the .Narrow Endenic Plant Spies Survey Areas Therefore, . a habitat
. assessment -axis required for Narrow Endanicnag Spies. The assessment was prepared by Michael C tifen a
consulting crologist, in Octolher- 2003 for Boon Terra Consulting The proposal project has been determined to k
consistent with the Pmtxtiat cf Narrow Endemic Plant Species Guidelines.
5. The proposed project is consistent with the Additional Survey Needs and Procedures. •
The projcrt site falls within the Burnxvnzg Ord Surrey Area. A burrowing owl sway Tens cnndtrted by Helix
Environmental Planning Inc. in late January 2004, for tlae winter pinion, and late April early May 2004 for
the nesting pmiaz of the surrey.. No buriva ng owls 'were deter during either- surtxy. This sum) zetzs
anductal in aarn ace with the California a Department of Fish and Game (CDFG 1995) f1eld protttl Prior
to issuance of a grading ',v ma, the applicant shall conduct a burrozving old presence/absence sway. If no
laurro¢arng olds are foinul and other biological mitigation measures haw been satisfie4 the proposed P4ext may
prod Hoarier, if the species is found cnsite, the appluau shall develop and implement a burrozeing ord
mitigation plan for protection 9f the spy in dance with CDFG Pronxd The projea is therefore wnsistezt
Teich the Additional Sung Needs Requirements.
6. The proposed project is consistent with the Urban /Wildlands Interface Guidelines.
Measures have ken incorporated into the proposed project so that there will he no profit- related drainage, toxus,
lighting, noise, inutsizes, barriers, and grading/land development impacts to the Ccnserwiicn Area. The
proposed projert is therefore consistent with the Urlavn/WildlaTds Interface Guidelbres.
•
7. The proposed project is consistent with the Vegetation Mapping requirements.
The stgetatian of the entire pujett site has boon mappsd This mapping is sufficient wider the MSHCP and is
coruzsten with the MSHCP.
8. The proposed project is consistent with the Fuels Management Guidelines.
The proposal pnjea will be designed to indsade landscape buffers near the propel MSHCP Conservation Area
that will in essence art as Fuel Modification Zones. Within these areas there will he fire - resistant, non- imrasite
plants. Accordingly, with these measures, the proposed project is therefore consistent with the Fuels Managene nt
Guidelines.
9. The proposed project will be conditioned to pay the City's MSHCP Local Development
Mitigation Fee.
•
CC Agenda 10 -27 -2009 Item No. 9
Page 26 of 40
PLANNING COMMISSION STAFF REPORT -
October 18, 2005
PAGE5of5
PROJECT TITLE: TENTATIVE TRACT MAP NO. 31593
As a condition of approul4 the project will be required to pay the City's MSHCP Local Dertopnou Mitigation
Fee at the time of issuance of building permits
10. The proposed project overall is consistent with the MSHCP.
The proposed projea dies and is consistent with all of the required proo3d uvs, policies, and guidelines of the
City's MSHCP Resolution and the MSHC.P. lye applicant has made reunions to the project or has agrral to
sptxiftc conditions, which would avoid the eats or mitigate the eats of the project to a point Tiber' no significant
effots would occur.
FINDINGS - MITIGATED NEGATIVE DECLARATION
1. Revisions in the project plans or proposals made by or agreed to by the applicant before a
proposed 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 and
The applicant has made revisions to the project and has agrad to Teri c conditions which Todd avid the efats
and will mitigate the eff its of the project to a point u+ re no significant eects would occur.
2. There is no substantial evidence, in the light of the whole record before the agency, that the
,project as revised may have significant effect on the environment.
Pursuant to the evidence seized in the light of the u ode record presented to staff the project will not hate a `,.t./
significant eect on the oivvcnrneru lased on the current project design, the applicable Conditions of Appmwl,
incorporation (Ythe Mitigation Measures and vnplanentation of the Mitigation MonitoringProgram.
3. Mitigation measures have been required to ensure all potentially significant impacts are reduced •
to levels of insignificance.
Mitigation measures haze been required which will ram significant orvironmaital inlets to the lewi of
insignificance. These are reflected in the Mitigated Negatize Declaration and will k implemented through the
Mitigation Monitoring Program
FINDINGS — TENTATIVE TRACT MAP
1. The proposed subdivision, together with the provisions for the design and improvement, are
consistent with the General Plan; Zoning Code; Tide 16 of the Municipal Code relating to
Subdivisions; and the State Subdivision Map Act.
The project has been revie ad by the City and the appropriate affected Ageruies and been determined to be
consistent with the designated lard use planning area, dezelopment and design standards, and all other appropriate
requirements contained in the General Plan, Zoning Cale, City Municipal Code, and Subdivision Map Act.
2. The proposed subdivision is compatible with the objectives, policies, general land uses and
programs specified in the General Plan (Government Code Section 66473.5).
`a)
CC Agenda 10 -27 -2009 Item No. 9
Page 27 of 40
PLANNING COMMISSION STAFF REPORT
•
October 18, 2005
/� PAGE6of5 •
f PROJECT TITLE: TENTATIVE TRACT MAP NO. 31593
The project has been revie wi by the City and the appropriate alerted Agencies and born detemninal to be
aruistent with the land use plan, decelopnent and design standards and programs, and all other appropriate
requimments_cnntarnerl in the General Plan.
3. The effects this proposed 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 '
f Th e ft, t is cc�zsistort with the
p �. City's General Plan and Zoning Conde, and will prouiafe housing opportunities
- °insistent with the General Plan land use designation. In addition, the projert has been card ticne d to pnzi&
I I
necessary public services and facilities, will pay all appropriate fps,_ and Will not result in any adxrse
em ionmental 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 project will comply with all appropriate conserwtionz nnuirenents of the City and Uniform Bulking . Ca*
and will not prelude funaeopportu nties for passim natural heating orcooling oppo amities
r -, Prepared by: Kirt A. Coury, Associate Planner
•
Reviewed by: -
' olfe Preisenda z, Planning Man .. er
Approved by:
/
R.. - A. B ady, I /City , alter
EXHIBITS .
Attachments
Exhibit 'A' Location Map
Exhibit 'B' Tentative Tract Map 31593 -
Exhibit 'C' Mitigated Negative Declaration No. 2005 -08
Exhibit D' Continent Letters associated with Mitigated Negative Declaration No. 2005 -08
Exhibit `E' Full Size Exhibits
j •
•
n
CC Agenda 10-27-2009 Item No. 9
Page 28 of 40
- +� P .y 2 ��� � •� cP 3 a i � ,rt P r'e t'� a -^-.t •^o rr _piE s i f a
., ���' .. �� pkr+. • y�. �,,. J'� .:� � 7 '.�, i , . i . t -
�. - : ! T• �.' k� " t -5 �: '�'�..�se�' �t . •a:.`��^'� d � �- >+.. � •, 'fi F �
GENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify
ndemnify, and hold harmless the
City, its Officials, Officers, Employees, Agents, and its Consultants 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
implementation and construction of Tentative Tract Map No. 31593, which action is bought within
the time period provided for in California Government Code Sections 65009 and/or 66499.37, and
Public Resources Code Section 21167. The City will promptly notify the applicant of any such
claim, action, or proceeding against the City and will cooperate fullywith the defense.
TENTATIVE TRACT MAP NO. 31593
2. Tentative Tract Map No. 31593 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 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. Prior to the recordation of the Final Map for Tract No. 31953 (the "Final Map "), the applicant shall
make an irrevocable offer for fee dedication for local park purposes to the City of Lake Elsinore for
the following described property:
[Legal description to be provided by the applicant prior to Planning Commission Hearing]
(Hereinafter, the "Park Site ")
In exchange for:
[Assessor Parcel Number (APN) 363 -020 -011]
(Hereinafter, the "Agency Remnant Site ")
The form of the property exchange shall be in the nature of a land transfer agreement between the
Redevelopment Agency, the City and Applicant in a form suitable to the City and as shall be
approved by the City Attorney. Said agreement shall provide: (i) the transfer of the Park Site to the
Agency free and clear of money and all other encumbrances, liens, leases, fees, easements (except
routine easements that do not materially impair the intended use of the land), assessments and
unpaid taxes except those meeting the reasonable approval of the City Manager (ii) the transfer of
the Agency Remnant Site free and clear of money and all other encumbrances, liens, leases, fees,
easements (except routine easements that do not materially impair the intended use of the land),
assessments and unpaid taxes except those meeting the reasonable approval of the Applicant; (iii)
Planning Commission
Approved October 18, 2005
CC Agenda 10 -27 -2009 Item No. 9
Page 29 of 40
CONDITIONS OF APPROVAL -
Page 2 of 10
n TENTATIVE TRACT MAP NO. 31593
compliance with applicable laws; and (iv) such usual and customary provisions as are necessary to
accomplish the transfer.
The transfer of fee title to the Park Site shall occur prior to or concurrent with the recordation of
the Final Map. City shall be responsible for complying with CEQA following submission of the
preliminary concept plan for the Park Site. . .
6. Prior to the recordation of the Final Map the Applicant shall submit a preliminary concept plan of
the proposed recreation facilities and amenities on the Park Site to the Director of Community
Services for review and approval. Applicant shall also post a performance bond in the amount of
- two- million dollars ($2,000,000.00) guaranteeing the construction of the park as provided herein
which shall stay in place until the completion of the improvements to the Park Site.
7. Prior to the issuance of the first building permit, the Applicant shall submit to the Director of
Community Services, for review and approval, detailed park facilities plans , landscape plans,
irrigation plans and such other plans as may reasonably be required for purposes of constructing a
10 usable acres "turn-key" public park.
8. Prior to the issuance of first Certificate of Occupancy for Tract No. 31953, Applicant shall grade the
Park Site to provide a minimum of ten (10) usable and creditable acres and shall secure the Park Site
• against erosion and shall stub out sewer, water, gas, electricity, telephone, storm drain, etc
(M) connections to the property line. '
9. Prior to issuance of the fiftieth (50 Certificate of Occupancy, Applicant shall provide of adequate
sewer, water, gas, electricity, telephone, storm drain, within the Park Site as are necessary to serve
the Park Site. I n the eu3u piermanau facilities are not available, the applicant shall provide tanjxiray facilities at
not cost to the City (Amended at Plarmrng C mnission Meeting of Utoher 18, 2005)
10. Prior to the recordation of the Final Map, the Applicant shall obtain an easement for a public access
road directly connecting the proposed development and the Park Site (the "Park Easement "). The
City and Applicant anticipate that the Park Easement will connect the proposed development to the
Park Site near Parcel No.2 as set forth in Tract Map No. 32013.
11. Prior to the issuance of the first building permit for Tract No. 31953, Applicant shall submit a plan
and sectional views indicating the grade and width of the Park Site Access Road measured flow -line
to flow -line.
12. Prior to the issuance of the first Certificate of Occupancy for Tract No. 31953, Applicant shall
construct the Park Site Access Road.
13. Prior to the issuance of the first Certificate of Occupancy for Tract No. 31953, Applicant shall
construct the Park Site improvements and amenities consistent with the preliminary plan such that
the Park Site is in a "turn -key" condition. City shall provide . Applicant with all reasonable and
appropriate entry rights onto the Park Site for purposes of constructing the improvements as
provided herein. •
Planning Ccmunission
Approved October 18. 2005
CC Agenda 10 -27 -2009 Item No. 9
Page 30 of 40
CONDITIONS OF APPROVAL
Page 3of10
TENTATIVE TRACT MAP NO. 31593
14. With respect to park fees paid or to be paid by Applicant, Applicant shall be entitled to a fee credit
(or fee reimbursement for park fees already paid) to the extent of Applicant's actual on -site
construction costs of the park improvements on the Park Site. Applicant shall also be entitled to
reimbursement for park fees actually paid under Tract 32013 or a fee credit if Applicant continues
ownership of Tract 32013. Accordingly, Applicant and City shall enter into a fee reimbursement
agreement reflecting such use of fees and providing, further, to the extent allowed by law and
subject to the discretion of the City Council, the use of community facilities district bond proceeds
for reimbursement of developer's cost . incurred • with respect to public capital improvements,
including the Park Site and the Park Site Access Road.
15. The applicant shall comply with all the mitigations contained and identified in the Mitigated
Negative Declaration No. 2005 - 08.
16. All lots shall comply with minimum standards contained in the LEMC.
•
17. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
18. The applicant shall comply with all conditions of the Riverside County Fire Department.
19. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD).
20. All future structural development associated with this map shall require separate Design Review ( 1
approval. `,
21. 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.
22. The applicant shall comply with the following City programs: the City Source Reduction and
Recycling Element and Household Hazardous Waste EIement, the County Solid Waste Management
Plan and Integrated Waste Management Plan:
23. 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.
24. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified
School District (LEUSD) prior to issuance of building permits.
25. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each
building permit.
26. The applicant shall pay all applicable fees including park fees.
27. The applicant shall meet all requirements of the providing electric utility company.
Planning (::.ommission
Approved October 18.2005
CC Agenda 10 -27 -2009 Item No. 9
Page 31 of 40
- CONDITIONS OF APPROVAL • • -
Page 4ofl0
•
TENTATIVE TRACT MAP NO. 31593
•
+ f 28. The applicant shall meet all requirements of the providing gas utility company.
29. The applicant shall meet all requirements of the providing telephone utility company.
30. A bond is required guaranteeing the removal of all trailers used during construction.
31. All signage shall be subject to Planning Division review and approval prior to installation.
32. 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.
33. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate Landscaping
and Lighting Maintenance District (LLMD).
•
34. Prior to issuance of a Building Permit, the applicant shall annex into the appropriate Community
Facilities District (CFD).
•
ENGINEERING
34. Construct Elsinore Hills Road at full width secondary arterial standard (70'/90') within project
boundaries by first certificate of occupancy.
35. Construct Elsinore Hills Road from the project's south boundary to Camino Del Norte (proposed
CFD links H and G). Two full lanes and shoulders are the minim requirement. At intersections,
additionally widening will be required for left turn lanes -all prior to first certificate of occupancy.
The roadway shall be designed to secondary arterial standards.
36. Construct Camino Del Norte to two full lanes and shoulders (proposed CFD link F) prior to first
certificate of occupancy. The roadway shall be designed to Major Arterial standards (80'/100).
37. Improve the intersection of Camino Del Norte and Main Street as determined by the City Engineer
prior to first certificate of occupancy.
38. Install a traffic signal at Main Street .and the northbound 1 -15 ramps prior,to the 100 certificate of
occupancy. -
i
39. Construct Elsinore Hills Road to full width and connect to . Tract 25478 prior, to first certificate of
occupancy.
40. Join the proposed CFD when it is formalized.
41. 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.
Planning Commission
Approved October 18. 2005
CC Agenda 10 -27 -2009 Item No. 9
Page 32 of 40
CONDITIONS OF APPROVAL
Page 5of10
TENTATIVE TRACT MAP NO. 31593
42. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26).
43. Submit a twill 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. •
44. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be
approved and signed by the City Engineer prior to final map approval (LEMC 16.34).
45. 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).
46. Street and alley 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).
47. Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to final map approval.
48. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements.
49. Desirable design grade for local streets should not exceed 9 %.
50. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a
maximum grade of 6 %
51. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for
construction of public works improvements (LEMC 12.08 and Resolution 83 -78).
52. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8
'k" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public
works improvements will be scheduled and approved.
53. The applicant shall install permanent bench marks to Riverside County Standards and at a Iocation
to be determined by City Engineer.
54. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property
owners prior to final map approval.
55. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
56. Provide fire protection facilities as required in writing by Riverside County Fire.
Planning Commission
Approved October 18, 2005
CC Agenda 10 -27 -2009 Item No. 9
Page 33 of 40
I .
CONDITIONS OF APPROVAL
Page 6of10
TENTATIVE TRACT MAP NO. 31593
,57. Provide street lighting and show lighting improvements as part of street improvement plans as
required by the City Engineer.
58. Developer shall annex to the City's Street Lighting and landscaping Maintenance District.
59. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations.
60. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be
approved prior to final map approval. All traffic control devices shall be installed prior to final
inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets
within the tract.
61. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall
submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300
per sheet for City digitizing.
•
62. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving
utility. _
63. 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.
64. Provide soils, geology and seismic report including street design recommendations. Provide final
soils report showing compliance with recommendations.
65. An Alquis -Priolo study shall be performed on the site to identify any hidden earthquake faults
and/or liquefaction zones present on -site.
66. 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.
67. Prior to commencement of grading operations, applicant to provide to the City with a map of all
proposed haul routes to be used for movement of export material. Such routes shall be subject to
the review and approval of the City Engineer.
68. Applicant to provide to the City a photographic baseline record of the condition of all proposed
public City haul roads. In the event of damage to such roads, applicant shall pay full cost of
restoring public roads to the baseline condition. A bond may be required to ensure payment of
damages to the public right -of -way, subject to the approval of the City Engineer.
t •
Pl:nlning Commission
Approved October 18, 2005
CC Agendd 10 -27 -2009 Item No. 9
Page 34of40
CONDITIONS OF APPROVAL
Page 7 of10
TENTATIVE TRACT MAP NO. 31593
69. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners �
by a letter of drainage acceptance or conveyed to a drainage easement.
70. On -site drainage facilities located outside of road right -of -way should be contained within drainage
easements shown on the final map. A note should be added to the final map stating: "Drainage
easements shall be kept free of buildings and obstructions".
71. 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.
72. 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.
73: All drainage facilities in this tract shall be constructed to Riverside County Flood Control District
Standards.
74. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain
system, the wording and stencil shall be approved by the City Engineer.
75. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains
should drain to a landscaped area when ever feasible.
76. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be V �
contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities
should be installed.
77. A drainage acceptance letter will be necessary from the downstream property owners for out letting
the proposed stormwater run -off on private property.
78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master
Planned Drainage facilities constructed.
79: Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each
Phase as approved by the City Engineer.
80. Up -slope maintenance along right -of -ways shall be maintained by the city's lighting and Iandscaping
maintenance assessment district or a homeowner's association.
81. Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water
Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control
Board.
82. Applicant will be required to'install BMP's using the best available technology to mitigate any urban
pollutants from entering the watershed.
Planning Commission
Approved October 18. 2005
CC Agenda 10 -27 -2009 Item No. 9
Page 35of40
CONDITIONS OF APPROVAL -
Page 8of10
r , TENTATIVE TRACT MAP NO. 31593
83. 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:
•
84. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction
which describes BMP's that will be implemented for the development and including maintenance
responsibilities.
85. 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.
86. Applicant shall provide first blush BMP's using -the best available technology that will reduce storm
water pollutants from parking areas and driveway aisles.
87: Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular
attention should be taken for intersections on the inside of curves). If site distance can be
obstructed, a special limited use easement must be recorded to limit the slope, type of Landscaping
and wall placement.
88. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight
distance is verified by a registered civil engineer. -
89. 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.
90. Restricted local interior double- loaded streets shall not have less than `a 50 ft. Right -of -way with 36
ft. Curb -to -curb and a 3 ft. utility easement on each side of the street. Single- Loaded local streets
shall not-have less than a 45 ft. right -of -way with a 3 ft. utility easement and 36 ft. curb - to-curb
91. No residential lot shall front and access shall be restricted on collector streets and so noted on the
final map. _
92. 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.
Planning Commission
Approved October 18. 2005
•
CC Agenda 10 -27 -2009 Item No. 9
Page 36of40
CONDITIONS OF APPROVAL
Page 9of10
TENTATIVE TRACT MAP NO. 31593
93. Upon demonstration to the City that an adjacent property owner is unable to gain reasonable access
to an adjacent parcel (considering available option along the entire boundary of the parcel), City shall
inform Developer and Developer agrees to take proactive measures to establish adequate access to
accommodate the adjacent parcel. Alternatively, the City may require that Developer offer an
easement for necessary ingress and egress solely to' address the needs of the adjacent parcel. The
conveyance of any easement pursuant to this condition shall not conflict with designated uses of
property including any and all conservation, open space or mitigation use of property.
94. The Developer shall provide access to adjacent properties needing access through this development
by public right -of -way or access easement based on a reasonable accessibility determination to the
satisfaction of the City.
95. If right -of -way is abandoned as part of this development, then adjacent property affected by the
abandonment's must still have access to public maintained right -of -way.
96. The final map shall show the abandonment of dedications of public right -of -way or easements by
appropriate certifications on the map.
97. Developer to provide access to property owners and utility agencies to property to the west of the
tract including during construction:
98. If necessary, applicant must submit a conditional letter of map revision (CLOMR) to FEMA prior to
issuance of building permits. A letter of map revision(LOMR) must be approved from FEMA prior
to the 50th certificate of occupancy
•
99. Applicant shall record CC & R's for the tract prohibiting on- street storage of boats, motor homes,
trailer, and trucks over one -ton capacity, roof mounted or front yard microwave satellite antennas.
The CC & R's shall be approved by the Community Development Director prior to recordation of
final map.
100. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for
irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of
all lots subject to the approval of the director of CommunityDevelopment & the City Attorney. The
CC& R's shall enforce standards of building maintenance, participation in landscape maintenance,
prohibition of outside vehicle or material storage.
101. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open
space.
102. Developer shall provide an approved open space conservation easement for the tracts open space
with a fuel modification zone for a fi break to be maintained by a homeowner's association.
103. The large open space lots adjacent to residential lots shall have areas designated as fuel modification
zones for a firebreak to be maintained by a homeowner's association.
Pl2nnin Commission
Approved October 18, 2005
CC Agenda 10 -27 -2009 item No. 9
Page 37 of 40
CONDITIONS OF APPROVAL
Page 10 of 10
TENTATIVE TRACT MAP NO. 31593
104. All open space and slopes except for public parks and schools and flood control district facilities,
outside the public right -of -way will be owned and maintained by either a home owner's association
or private property owner.
105. Existing access easements over property must be addressed to the satisfaction of the easement
owners prior to final map approval.
106. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear
and grubbing or other phases of the construction shall be disposed of at appropriate recycling
centers. The applicant should contract with CR&R Inc. for recycling and storage container services,
but the applicant may use the services of another recycling vendor. Another recycling vendor, other
than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is
not using CR&R Inc. for recycling services and the recycling material is either sold or donated to
another vendor, the applicant shall supply proof of debris disposal at a recycling center, including
verification of tonnage by certified weigh master tickets.
107. 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.
t . 108. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP,
TIF and area drainage fees.
•
•
Planning Commission
Approved October 18, 2005
CC Agenda 10 -27 -2009 Item No. 9
Page 38 of 40
Page Seven — City Council Minutes — November 8, 2005
OVED BY SCHIFFNER, SEC NDED BY HICKMAN AND C ED
B UNANIMOUS VOTE TO CO INUE THE ITEM UNTIL DEC MBER
13T
22. Tentative Tract Map No. 31593.
Mayor Magee introduced the item and deferred to Community Development
Director Preisendanz.
Mr. Preisendanz gave in -depth overview of the item. He indicated that the
project went before the PIanning Commission on October 18, 2005. He
further indicated that the Planning Commission was recommending approval
to the City Council. He provided clarification regarding Condition of
Approval #93. He indicated that the condition should read - Upon
demonstration to the City that adjacent property owner is unable to gain
reasonable access to an adjacent parcel which is west of the tract to the
Elsinore Hills Road, which runs through the tract, City shall inform
developer.
Councilman Buckley questioned if condition of approval #106 was deleted.
Mr. Preisendanz indicated it would be deleted.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-156,
ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE
SPECIES HABITAT CONSERVATION PLAN (MSHCP).
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-157,
ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-08.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT
RESOLUTION NO. 2005-158, ADOPTING TENTATIVE TRACT MAP NO.
31593 WITH THE MODIFICATION OF CONDITION 93 AND DELETION
OF CONDITION 106.
CC Agenda 10 -27 -2009 Item No.
Page 39 of 40
Page Eight — City Council Minutes -- November 8, 2005
City Attorney Leibold commented that Mr. Preisendanz read into the record
as the conclusion to condition 38 - or as satisfied by the City Engineer
pending Caltrans process; and condition 40 - join the proposed CFD when it
is formalized, if CFD is not formed the project is entitled to fair share
reimbursement from adjacent developments.
FORGOING MOTION CARRIED BY UNANIMOUS VOTE WITH THE
MODIFICATIONS TO CONDITION 38 AND 40.
23. ' tension of time for Tentative ' cel Map No. 30985.
Ma or Magee introduced the item a d deferred to Community P - velopment
Direc e r Preisendanz.
Mr. Prei -ndanz gave an overview of th- item. He indicated that the
applicant .d requested an extension of ti 1e per the Subdivision Map ct.
He indicate.. that there were modifications • the conditions of approval. He
indicated that ondition 61 and 64 were delet. d. He indicated that conditi. n
62 would rema in the conditions of approval. He indicated that the
applicant had re» ested after the study session tt delete condition 58.
Patty Nayhill, repre' -ntative, commented that the a.plicant felt condition 58
would be more appro ►'riate at the time of a site deve .pment plan. She
indicated that conditio 58 did not specify which CF II should apply; it
suggested any proposed FD. She noted that the condi .'on would lock her
client into a CFD that was of created at this time.
uncilman Buckley suggest,' adding different language f. condition 58
to ; ad - CFD created to pay fo Camino Del Norte and/or an mpact Fee
that ould be the equivalent.
Adminis . ative Services Director Pr:, sey explained that as develo ment
occurred i the Camino Del Norte are., certain developers would fo'
CFD's and I. ok to finance a portion of t, e road way with the CFD an
finance their s public facilities on thei site. He indicated that there had
been discussion . nd steps taken to create . impact fee for that area.
CC Agenda 10 -27 -2009 Item No. 9
Page 40 of 40