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HomeMy WebLinkAboutPC Reso No 2012-11RESOLUTION NO. 2012-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO 2012-02 WHEREAS, Pardee Homes filed an application with the City of Lake Elsinore requesting approval of Conditional Use Permit No. 2012-02 for the construction and establishment of 73 individually-owned detached condominium units within the Living Smart Condominium Community of the Canyon Hills Specific Plan area (the "Project'); and WHEREAS, the Project Site encompasses a portion of the 18.3 acre site and is located on the north side of Canyon Hills Road, west of Hillside Drive (the "Project Site'); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of considering and either approving, conditionally approving, or denying conditional use permits; and WHEREAS, public notice of the Project has been given and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 21, 2012. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and has found that it is consistent with the Lake Elsinore Municipal Code and Canyon Hills Specific Plan Amendment No. 2. SECTION 2. That in accordance with Lake Elsinore Municipal Code Chapter 17.168, the Planning Commission makes the following findings for the approval of Conditional Use Permit 2012-02 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. The Living Smart Condominium Community will be developed at a density of 9 dwelling units per acre which is consistent with the Canyon Hills Specific Plan Amendment No. 2 designation of MF2, which accommodates residential development of up to 15 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, Canyon Hills Specific Plan Amendment No. 2, and Lake Elsinore Municipal Code. PLANNING COMMISSION RESOLUTION NO. 2012-11 PAGE 2OF4 2. The proposed use will not be detrimental to the general health, safety, comfort, or welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. The Project will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near it. The Project will not be injurious to property or improvements in the project area or within the City. All applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Project and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress, and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required. The Project has been designed in consideration of the size and shape of the property, thereby, strengthening and enhancing the immediate areas. The Project will complement the quality of neighboring existing and future uses by creating visually-pleasing development. Staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan Amendment No. 2 and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress, and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The Home Owners Association (HOA) will be responsible for maintenance of the roadways. Surrounding roadways to the Project have been constructed with the overall Canyon Hills Specific Plan and have sufficient capacity to service the Project. The project complies with the design directives contained in Section 17.184.060 and all other applicable provisions of the Municipal Code. The Project is appropriate to the site and surrounding developments in that the condominium units and buildings and recreational center have been designed with architectural and design features, treatments, and articulation which blend into the landscape and topography of the area. Further, the Project will create a visually- PLANNING COMMISSION RESOLUTION NO. 2012-11 PAGE 3 OF 4 pleasing community that will not detract from existing and future development in the area in terms of architectural design, color and materials. 6. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The Project has been reviewed and conditioned by all applicable City departments. Those conditions of approval ensure that the Project will not result in any significant adverse environmental impacts. 7. Conditions and safeguards pursuant to Chapters 17.168.050 have been incorporated into the approval of the Conditional Use Permit to ensure that the use continues in a manner envisioned by these findings for the term of the use. After extensive review of the Project it was determined that the conditions of approval imposed upon the Project ensure that adjoining properties and residents will not be negatively impacted by the Project. SECTION 3. Based upon all of the evidence considered, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby approves Conditional Use Permit 2012-02 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 21s` day of February 2012, by the following vote: --J~ "~a~ Shelly Jorda airperson City of Lake Elsinore TTEST: Warren Morelion, AICP Planning Manager PLANNING COMMISSION RESOLUTION NO. 2012-11 PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Warren Morelion, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2012-11 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 21St day of February 2012, and that the same was adopted by the following vote: AYES: CHAIRPERSON JORDAN, VICE CHAIRPERSON O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GONZALES, COMMISSIONER MORSCH NOES: NONE ABSENT: NONE ABSTAIN: NONE arren Morelion, AICP Planning Manager CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART CONDOMINIUMS PLANNING DIVISION GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the project attached hereto. CONDITIONAL USE PERMIT NO 2012-02 2. Conditional Use Permit No. 2012-02 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 3. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Conditional Use Permit, 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. TENTATIVE PARCEL MAP NO. 34442 5. Tentative Parcel Map No. 34442 will expire two (2) years from date of approval unless within that period of time the CC&R's and 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. 6. The Tentative Parcel 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 including provisions for filing and recording of the condominium map unless modified by approved Conditions of Approval. 7. Prior to final certificate of occupancy of Tentative Parcel 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. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 8. Prior to the first certificate of occupancy the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall establish methods to address design improvements. 9. The CC&R's shall expressly designate the City of Lake Elsinore as a third party beneficiary to the CC&R's such that the City has the right, but not the obligation, to enforce the provisions of the CC&R's. 10. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 11. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 12. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 13. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project. 14. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 15. Each unit owner shall have full access to commonly owned areas, facilities and utilities. 16.The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Environmental Impact Report prepared for the Canyon Hills Specific Plan. 17.The developer shall continue to comply with the terms and requirements contained in the BO and CO issued by the USFWS in 1992 for the Cottonwood Hills Specific Plan and was subsequently amended on April 19, 2002 and July 16, 2002. 18.Construction traffic shall be prohibited from the segment of Lost Road south of the project site as a construction truck route. 19.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. RESIDENTIAL DESIGN REVIEW NO. 2012-01 20. Design Review approval for Residential Design Review No. 2012-01 will lapse and be void unless a building permit is issued within two (2) years of the approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. 21. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 22.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 23.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 24. Applicant shall use roofing materials with Class "A" fire rating. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 25.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 26. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 27. Parking stalls shall be developed pursuant to the requirements of the Canyon Hills Specific Plan. 28. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 29. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 30.All mechanical and electrical equipment for the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director or designee, prior to issuance of building permit. 31.All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent landscape coverage using a combination of drip and conventional irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Landscape Plan check fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. • The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. • Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. • The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. • All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART • All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. • One of the proposed lots of the Model Home Complex shall be Xeriscaped and signage provided identifying Xeriscape landscaping. • The Final landscape plan shall be consistent with any approved site and/or plot plan. • The Final landscape plan shall include planting and irrigation details. 32.All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. 33.The applicant shall prepare a Wall and Fencing Plan for the area comprising of the project area, in compliance with the fencing standards within the Zoning Code Section 17.44.130.D and the Canyon Hills Specific Plan, prior to issuance of any building permit, and subject to the approval of the Community Development Director or designee. 34. Fences located in any front yard shall not exceed three feet in height with the exception that wrought-iron fences may be five feet in height. Chain link fences shall be prohibited. 35. Garages shall be constructed to provide a minimum of twenty feet by twenty feet (20' x 20') of interior clear space to accommodate two vehicles. 36.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 37. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 38. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 39. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 40. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART before 7:00 AM and shall cease at 5:00 PM, Monday through Friday or 8:00am and 5:00pm on Saturday. Construction activity shall not take place on Sunday, or any Legal Holidays. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 41.The applicant shall pay all appropriate City fees. 42.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. 43. Construction traffic shall be prohibited from the segment of Lost Road south of the project site as a construction truck route. 44.The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. The Homeowner's Association shall maintain all project improvements and facilities, including the private streets, landscaping, park facilities, and drainage improvements. 45.The applicant shall participate in the City's Lighting and Landscape Maintenance District. ENGINEERING GENERAL 46.All private drives shall meet with fire requirements with respect to road width, street slope, turn around, all weather material, and curve radius in place at the time of City Council approval. Provide written documentation of Fire Division approval. 47. Landscaping adjacent to Canyon Hills Road and Hillside Drive shall be placed so as not to interfere with the sight distance of exiting vehicles. 48. On site storm run-off shall be detained unless otherwise provided for by the underlying project map. 49. Slopes shall be planted to reduce erosion. Drainage along the slopes shall be constructed to convey storm flows and nuisance irrigation flows to an established drainage course. 50. Slopes exceeding thirty feet (30') shall have City Standard concrete drainage ditches every thirty feet (30') vertical. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 51. Primary circulation drive aisle (loop drives) width shall be a minimum thirty six feet (36') clear. Parking shall not be allowed in any of the drive aisles except at designated spaces and approved by Riverside County Fire Department. 52. Interior street grades shall not exceed nine percent (9%) and on-site intersections approach grades shall not exceed six percent (6%). 53.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 issuance of building permit. 54.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to Parcel map approval (LEMC 16.34). 55.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. 56.The applicant shall install two (2) permanent bench marks to City of Lake Elsinore Standards and at a location to be determined by City Engineer. 57.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 58. 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. 59. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer unless otherwise provided. 60. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 61. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 62.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. 63.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 64. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations or provide a letter stamped by a licensed geologist or geotechnical engineer stating the project is outside the zone. 65.A geologic study shall be performed on the site to identify any earthquake faults and/or liquefaction zones present on-site unless provided by underlying subdivision map. 66. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) 67. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 68. Drainage easements shall be kept free of buildings and obstructions. 69. Drainage across property lines shall not exceed that which existed prior to grading. Excess or concentrated drainage shall be contained on site or directed to an approved drainage facility. Erosion of the ground in the area of discharge shall be prevented by installation of non-erosive down drains or other devices. 70. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 71. Storm drain inlet facilities shall be appropriately marked using the City of Lake Elsinore authorized detail to prevent illegally dumping in the drain system. 72. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains shall drain through minimum 20-feet of landscaped area prior to entering into a closed drainage system in compliance with City of Lake Elsinore Standard 330. 73. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 74.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner or property owner's association. 75. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 76.Any grading that affects "waters of the United States", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 77.The developer shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District for encroaching, grading, or discharging into County flood control facilities. 78.All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. STORM WATER MANAGEMENT / POLLUTANT PREVENTION 79. The developer shall provide erosion control measures and best management practices (BMP's) as part of their grading and improvement plans. The developer shall ensure protection of storm water quality and meet the goals of the California Green Building Standards Code and Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 80.The developer shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. 81I.Education guidelines and Best Management Practices (BMP) shall be provide to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more 82. The developer shall prohibit the discharge of waste into the storm drain system or local surface waters in accordance with City of Lake Elsinore ordinances for storm water management and discharge control and with state and federal law. This includes non- storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 83.Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. 84.A preliminary WQMP shall be submitted to the City Engineering Division for review and approval during the DESIGN phase of the project and incorporate low impact development (LID) principals such as permeable pavement, storm water retention and reuse. 85.A final WQMP shall be submitted to the City Engineering Division for review and approval prior to issuance of ANY PERMIT for construction (grading or building). 86. Identified pollutants of concern must be treated prior to any non-stormwater discharge leaving the site. 87.The WQMP shall demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. The WQMP shall provide measures to minimize the impact from the pollutants of concern and hydrologic conditions of concern identified for the project. Where the pollutants of concern include pollutants that are listed as causing or contributing to impairments of receiving waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall provide information regarding design considerations, and the long-term operation and maintenance requirements for BMPs requiring long-term maintenance as well as the mechanism for funding the long-term operation and maintenance of the BMPs. 88.The occupant or owner must maintain records of stormwater facility maintenance, and submit to City Staff inspections of Stormwater BMPs. Where City Staff allow or require self-certifications, the occupant or owner must certify Stormwater BMPs are properly maintained and submit reports, prepared and certified by a P.E., to City staff upon their request. Certification by the City Staff may be required. 89.DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices (BMPs) shall be posted to inform users of this development of environmental awareness and good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMPs in Supplement "A" of the Riverside County NPDES Drainage Area Management Plan (Required for lots of one acre or more or lots that are part of a larger common plan (ex. shopping center infill lot). FINAL TRACT OR PARCEL MAP 90. The developer shall submit for plan check review and approval a parcel map drawn to City of Lake Elsinore Engineering Division Design Manual Standards. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 91. Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any permits. 92. Prior to City Council approval of the Parcel Map, the developer shall, in accordance with Government Code, have constructed all improvements or noted on the title sheet of the map the improvements to be constructed or have improvement plans submitted and approved, agreements executed and securities posted. 93. The Parcel Map shall include the phasing boundaries consistent with the parcels of the Tentative Parcel Map. The phasing boundaries or parcels shall be processed as separate tract maps. 94. Legal agreements and financial commitments for operation and maintenance of water quality best management practices shall be recorded prior to or concurrent with recordation of a parcel map. IMPROVEMENTS 95. Install a root barrier for the dripline of trees installed within 6 feet of the sidewalk. 96. Re-align angle of private driveway A at Hillside Drive to align with Canyon Rim Road. 97. Show secondary access on all plans. 98. Traffic Study required for impacts to Hillside Drive and Canyon Hills Road. Comply with mitigation measures identified therein. 99. An Encroachment Permit shall be obtained prior to any work on City and/or State right- of-way. The developer shall submit the permit application, required fees and documents prior to issuance. 100. Sight distance into and out of the project location shall comply with CALTRANS Standards. 101. The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 102. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. 103. 10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities shall be provided. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 104. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 105. The grading and/or improvement plan shall include a table listing each stormwater facility, and the plan sheet where it appears. 106. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/s" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 107. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 108. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 109. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 110. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Standard Plans. 111. The developer shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 112. The developer shall provide signing and striping plans for the required improvements of this project. 113. The terminus of Private Driveways A, B & C shall include sufficient turnarounds for emergency vehicles. PRIOR TO GRADING PERMIT Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 114. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake-elsinore.org). Apply and obtain a grading permit with appropriate security prior to building permit issuance. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance 115. No grading shall be performed without first having obtained a permit. A grading permit does not include the construction of retaining walls or other structures. 116. Export and import sites located within the Lake Elsinore City limits must have an active grading permit. 117. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 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. 118. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be approved by the City Engineer. 119. The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 120. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 121. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program. 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 WQMP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 122. The applicant shall process a storm water pollution prevention plan showing mitigation of construction storm water run-off. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 123. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. PRIOR TO ISSUANCE OF BUILDING PERMIT 124. All required public right-of-way dedications and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 125. The Parcel Map shall be recorded. 126. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per a Traffic Impact Analysis. PRIOR TO OCCUPANCY 127. Following construction and prior to Certificate of Occupancy/Final sign off, submit a final Stormwater Facility Operation and Maintenance Plan and formally transfer responsibility for maintenance to the HOA, owner, or permanent occupant. 128. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 129. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 130. All water and sewer improvements shall be completed in accordance with Water District requirements. 131. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. 132. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall be submitted in tif format on CD to the Engineering Division before final inspection will be scheduled. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 133. The developer shall pay fee in-lieu of construction of future median improvements on Hillside Drive. The fee shall be equal to current cost estimate for improvements (including contingency) plus an additional 15% of the total construction cost estimate to cover design and administrative costs. The cost estimate shall be approved by City staff. 134. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, developer shall: a. Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; b. Demonstrate that they are prepared to implement all non-structural BMPs included in the conditions of approval or building/grading permit conditions; c. Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners/occupants; and d. The developer shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handouttguideline information. 135. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a "Covenant and Agreement" in the form provided by the City to inform future property owners of the requirement to implement the approved final project-specific WQMP. 136. Developer shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and area drainage prior to occupancy/final approval. 137. As-built plans for all approved plan sets shall be submitted for review and approval by the City. The developer/developer/owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a CD/DVD of the "as built" plans in tif format. 138. All final studies and reports shall be submitted in tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 139. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. 140. Confirm existing easement for storm drain traversing the site from driveway "A" through the site unless otherwise provided. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART 141. In accordance with the City's Franchise Agreement for waste disposal and 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. COMMUNITY SERVICES DEPARTMENT 142. Applicant shall pay applicable park fees unless documentation is provided otherwise. 143. No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 144. The developer shall utilize CR&R for all construction debris removal, hauling, and recycling as per City ordinance. 145. The City landscape architect shall review and approve all landscaping plans. 146. The Home Owner's Association (HOA) shall maintain all landscaped areas including landscaping fronting Canyon Hills Road and Hillside Drive, open space, water quality basin and all interior plantings. 147. The Home Owner's Association (HOA) shall maintain all block walls and keep them free of graffiti. 148. All interior roads, street signs, street markings, sidewalks, enhanced concrete to be maintained by the Home Owner's Association (HOA). 149. Water quality basin outlet to meet all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OF ADMINISTRATIVE SERVICES 150. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 151. Prior to the issuance of the first building permit, 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. Planning Commission February 21, 2012 CONDITIONS OF APPROVAL FOR REVISION TO TENTATIVE PARCEL MAP NO. 34442, AND RESIDENTIAL DESIGN REVIEW NO. 2012-01 AND CONDITIONAL USE PERMIT NO. 2012-02 FOR LIVING SMART RIVERSIDE COUNTY FIRE DEPARTMENT 152. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. 153. Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 154. Schedule A fire protection approved standard fire hydrants, (6"x 4"x 2'/z") locate one at each street intersection and space no more than 500 feet apart in any direction, with no portion of any lot frontage more than 250 feet from hydrant. Minimum fire flow shall be 1000 GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart. 155. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by local water company, the originals shall be presented to the Fire Department for signature. 156. Environmental Constraint Sheet (ECS) map must be stamped by Riverside County Surveyor with the following Note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 157. Prior to the release of your installation, site prep and/or building permits from Building and Safety. Written certification from the appropriate water district that the required fire hydrant(s) are either existing or that financial arrangements have been made to provide them. 158. Also a map or APN page showing the location of the fire hydrant and access to the property. 159. Install Fire Sprinkler System per NFPA 13D 2010 Edition Plans must be submitted to the Riverside County Fire Dept. for review and approval prior to installation. Planning Commission February 21, 2012