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HomeMy WebLinkAboutItem No. 4 (81 of 84 Pages)CITY OF ink LADE LSIHOIZE DREAM EXTREME,. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 16, 2010 SUBJECT: TENTATIVE PARCEL MAP NO. 35336, AND TENTATIVE TRACT MAP NO. 35337, FOR THE "SPYGLASS RANCH SPECIFIC PLAN' APPLICANT: ERIK LUNDE, PACIFIC COVES INVESTMENTS, L.L.C., 240 NEWPORT CENTER DRIVE, SUITE 200, NEWPORT BEACH, CA 92660 OWNER: MARVIN SHAPIRO, SPYGLASS RANCH (RIVERSIDE) ASLIV, L.L.L.P., 923 N. PENNSYLVANIA AVENUE, WINTER PARK, FLORIDA 32789 Proiect Reauest The applicant is proposing Tentative Parcel Map No. 35336 and Tentative Tract Map No. 35337 to subdivide the two hundred fifty -eight (258) acre Spyglass Ranch Specific Plan boundary. The Tentative Parcel Map will create six (6) parcels allowing for future separate ownership and development. The Tentative Tract Map, as proposed, will subdivide the property into four - hundred fifty -one (451) single - family residential lots, two (2) estate residential lots, two (2) courtyard home lots, one (1) multi - family residential or commercial lot, one (1) park lot and twenty -two (22) open space lots in conformance with the previously approved Spyglass Ranch Specific Plan. Project Location The project site is located on the east side of Camino Del Norte at its intersection with Main Street (Assessor's Parcel Nos. 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 & 377 - 260 -004, 005, 006). PC March 16, 2010 Item No. 4 Page 1 of 84 TPM 35336 & TTM 35337 MARCH 16, 2010 PAGE 2 of 9 Environmental Setting Project Background On February 26, 2008 the City Council certified Environmental Impact Report No. 2008 -06 and approved General Plan Amendment No. 2005 -06, Zone Change No. 2008 -09 and Specific Plan No. 2008 -08 for the Spyglass Ranch Specific Plan project. The specific plan serves to integrate high quality design with an appreciation for the site's scenic natural setting. The plan embraces a "Rustic Californian" theme by clustering residential neighborhoods to preserve large expanses of picturesque open space. The applicant is now proposing to subdivide the Specific Plan area. Review of the Tentative Parcel Map and Tentative Tract Map are necessary so as to ensure that the subdivisions conform to and are consistent with the State Subdivision Map Act, City General Plan, Zoning Ordinance and the adopted Spyglass Ranch Specific Plan document. The applicant has worked diligently with staff in resolving issues relating to the proposed map including the redesign of various lots to reduce rear yard slope heights, the relocation of trails out of front yards and the creation of HOA maintained street side yard areas. Since the applicant is only requesting the subdivision of the project site, architectural and plotting plans, landscaping plans, trail design plans, wall and fence and signage plans have not been submitted for review at this time. These issues will be addressed when the applicant submits for Design Review approval in the future. While these maps were being processed, at the request of the applicant, various Engineering Division conditions of approval were re- evaluated based on changed development conditions in the vicinity of the project site. As a result of negotiations between the developer and the City, several Engineering Division conditions have been PC March 16, 2010 Item No. 4 Page 2 of 84 T• ..'tl E 6 _4 p Project I: Vacant/Residence Specific Plan Specific Plan Site North Vacant Unincorporated /Single Family Low Density Residential Res. /Freeway (R -1) /Rural Business Residential (RR) South Vacant Single Family Freeway Business /Future Residential R -1 Specific Plan - G East Vacant Single - Family Future Specific Plan - G Residential R -1 West Interstate 15 Project Background On February 26, 2008 the City Council certified Environmental Impact Report No. 2008 -06 and approved General Plan Amendment No. 2005 -06, Zone Change No. 2008 -09 and Specific Plan No. 2008 -08 for the Spyglass Ranch Specific Plan project. The specific plan serves to integrate high quality design with an appreciation for the site's scenic natural setting. The plan embraces a "Rustic Californian" theme by clustering residential neighborhoods to preserve large expanses of picturesque open space. The applicant is now proposing to subdivide the Specific Plan area. Review of the Tentative Parcel Map and Tentative Tract Map are necessary so as to ensure that the subdivisions conform to and are consistent with the State Subdivision Map Act, City General Plan, Zoning Ordinance and the adopted Spyglass Ranch Specific Plan document. The applicant has worked diligently with staff in resolving issues relating to the proposed map including the redesign of various lots to reduce rear yard slope heights, the relocation of trails out of front yards and the creation of HOA maintained street side yard areas. Since the applicant is only requesting the subdivision of the project site, architectural and plotting plans, landscaping plans, trail design plans, wall and fence and signage plans have not been submitted for review at this time. These issues will be addressed when the applicant submits for Design Review approval in the future. While these maps were being processed, at the request of the applicant, various Engineering Division conditions of approval were re- evaluated based on changed development conditions in the vicinity of the project site. As a result of negotiations between the developer and the City, several Engineering Division conditions have been PC March 16, 2010 Item No. 4 Page 2 of 84 TPM 35336 & TTM 35337 MARCH 16, 2010 PAGE 3 of 9 modified. The modifications are such that the developer is protected against improving more than their fair share while ensuring the improvements necessary for the area (but not necessarily the sole responsibility of this developer) are built. The applicant has been provided with the draft conditions of approval for review. However, as of the time this report was distributed, a signed acknowledgement of draft conditions had not been received back from the applicant. Proiect Description Tentative Parcel Map No. 35336 The applicant is requesting approval of Tentative Parcel Map No. 35336. The map consists of six separate parcels ranging in size from 22.3 acres to 63.3 acres. The purpose of the tentative tract map is to create the ability to sell various portions of the specific plan boundary off to various merchant builders over time. The specific parcel configurations have been designed to correspond with the proposed tentative tract map development phases. Tentative Tract Map No. 35337 The applicant is also requesting approval of Tentative Tract Map No. 35337. The tentative map further subdivides the specific plan boundary in conformance with the densities and lot sizes as specified in the Spyglass Ranch Specific Plan. The improvements include the following: Circulation System The project site is served by two main access roads. Camino Del Norte, which runs parallel to the Interstate 15 freeway, has been designated as a Major Arterial with a 100 -foot right -of -way. The proposed Elsinore Hills Drive which traverses north and south through the project site and intersects with Camino Del Norte has been designated as a Secondary Highway with a 90 -foot right -of -way. The interior of the site will be served by Local roadways with 60 -foot right -of -ways. Estate Lots In accordance with the approved specific plan, a 0.9 acre residential estate lot (Lot 479) has been created in association with an existing uninhabited residence (Former Weismiller Property) within the development. The specific plan document included an option for the developer to convert the residence into an HOA maintained community center. However, the developer has determined that it would be too costly to upgrade the building so as to comply with current building code standards for public buildings. In August 2009, the City Council considered an appeal of a structure abatement action in association with the residence. The Council upheld the appeal and determined that the PC March 16, 2010 Item No. 4 Page 3 of 84 TPM 35336 & TTM 35337 MARCH 16, 2010 PAGE 4 of 9 residence should be rehabilitated and maintained as part of the Spyglass Ranch development on an ongoing basis (See Attachment No. 7 for meeting minutes). The Council also requested that some other items be addressed in association with the residence which have been made recommended conditions of approval (See TTM Condition Nos. 82 -84). The developer has indicated that he intends to rehabilitate the residence and sell it to a private owner for residential purposes. One additional 6.2 acre residential estate lot (Lot 478) has been created at the northeast corner of the project site. Single - Family Residential Tract The layout of the proposed tentative tract map is predominantly devoted to a total of four - hundred and fifty -one (451) detached single - family residential lots. The lots range in size from 5,030 square feet to 12,439 square feet. Residential Courtyard Areas Two lots of 6.5 and 7.0 net acres in size (Lots 464 & 474) are proposed. Both parcels will eventually be developed with courtyard home products totaling a maximum of 222 units. The parcels will be further subdivided in the future concurrently with the development of the parcels. Multi - Family Residential or Commercial Area One lot of 11.0 acres in size (Lot 467) will eventually be developed with either an attached multi - family development totaling a maximum of 290 units or a retail /commercial shopping center development. Public Park Site One lot of 6.5 net acres in size (Lot 468) will be developed with a public park facility dedicated to the City. The park will include a variety of both active and passive recreational amenities. A condition of approval has been added requiring that the park facility be fully completed and dedicated to the City prior to the issuance of the developments 100th notice of occupancy (See TTM Condition No. 168). Public Trail System The proposed subdivision design includes the incorporation of a public trail system within common open space areas. Portions of the trail also serve as an Elsinore Valley Municipal Water District access road easement. The ten -foot (10') wide multi - purpose trail which traverses several areas throughout the site will also connect to future offsite trails facilities at five separate locations once the abutting properties are developed. Maintained Common Areas PC March 16, 2010 Item No. 4 Page 4 of 84 TPM 35336 & TTM 35337 MARCH 16, 2010 PAGE 5 of 9 The proposed subdivision design includes approximately forty (40) acres of Home Owners Association owned and maintained common open space areas with shared common interest, ownership and maintenance responsibilities (See Exhibit D for Maintenance Plan). These common areas which are comprised of various shapes and sizes include maintained slope areas, street side yards, common walls and fences, and some minor accessory structures such as mail boxes and onsite underground and above ground utility infrastructure improvements necessary to service and support the residential community. Natural Common Open Space Areas The proposed development incorporates approximately sixty (60) acres of Home Ownership Association owned natural open space areas. These open space areas, which shall remain in their natural state, will serve to take advantage of the scenic characteristics of the project site while maintaining environmentally sensitive natural habitat areas. Moreover, the open space serves as a buffer between the community and offsite land uses. Phasing Plan The applicant has submitted a projected phasing plan for the entire specific plan boundary. The plan stipulates that the area is to be developed in three phases. The area west of Elsinore Hills Drive is included in Phases 1 & 3 with the area east of Elsinore Hills Drive designated as Phase 2. The Phasing Plan is consistent with both the Spyglass Ranch Specific Plan and the proposed Tentative Parcel Map No. 35336. It should be noted that the Phasing Plan is advisory only and non - binding. Certain areas may be developed out of expected sequence or in smaller increments based on future market conditions. Analysis Tentative Parcel Map No. 35336 Staff has determined that Tentative Parcel Map No. 35336 is consistent with both the City General Plan and the Spyglass Ranch Specific Plan. In addition, the map conforms with Section 16 "Subdivisions" of the Lake Elsinore Municipal Code and the State Subdivision Map Act. Tentative Tract Map No. 35337 The proposed tentative tract map conforms with the approved Spyglass Ranch Specific Plan with the regard to allowed densities and maximum number of units. The tables provided below compare the approved specific plan numbers with the totals associated with the proposed tentative map. PC March 16, 2010 Item No. 4 Page 5 of 84 TPM 35336 & TTM 35337 MARCH 16, 2010 PAGE 6 of 9 The layout and design of the tentative tract map is generally consistent with the approved Spyglass Ranch land use plan. However, a few deviations from the plan are proposed including the following: Reduction of Estate Lots The approved Spyglass Ranch Land Use Plan (See Exhibit G) specifies that a maximum of seven (7) estate residential lots would be provided within Planning Area 10 at the northeast corner of the subject property. In addition, the specific plan indicates that the minimum lot size for estate residential lots is 12,000 square feet with a typical PC March 16, 2010 Item No. 4 Page 6 of 84 TPM 35336 & TTM 35337 MARCH 16, 2010 PAGE 7 of 9 lot size of 100' x 120'. Tentative Tract map 35337 only proposes one (1) 6.2 acre residential estate lot (Lot 478) within Planning Area 10. The project engineer has indicated that additional residential estate lots are not feasible within Planning Area 10 due to various constraints. Staff believes that the decrease in Estate Lots from 7 lots to 1 lot does not serve to comply with the intent of the previously approved specific plan. Therefore, staff has added a recommended condition of approval (See TTM Condition No. 14.) requiring that the final map be modified prior to recordation to show no fewer than seven (7) residential estate lots within Planning Area 10. Oversize Lots Municipal Code Section 16.20.020 discourages against lots which are significantly larger than the approved minimum lot size. During the review of the proposed Tentative Tract Map staff identified twenty -four (24) lots which were more than double the approved minimum lot size. The applicant's engineer indicated that the large lots were a result of topographic constraints and associated significant slopes that occur in many locations throughout the development. At staffs request, the applicants engineer was able to eliminate approximately half of these large lots. Municipal Code Section 16.20.020 allows the City to determine that a greater than minimum lot size is necessary when it can be found that the larger lots are needed for the proper protection of the public health, safety and general welfare. Staff believes that further reducing the number of these large lots would result in awkwardly shaped lots or lots having unusable areas. Therefore, staff recommends that the above finding be made allowing for the creation of a limited number of large lots within the development. Combining of Two Park Sites The approved Spyglass Ranch Specific Plan document allowed for development of two separate park sites within the development to include a 3.5 acre public park and a smaller 3.0 acre HOA park. However, while processing this Tentative Tract Map, the applicant requested that the two park sites be combined into a single site consisting of 6.5 acres (Lot 468). Upon considering the request, the Recreation and Parks Department has determined that combining the two park sites into one facility is beneficial given that a larger park site will serve to better accommodate active park facilities such as ball fields as well as associated onsite parking areas. Section VI.C.1 of the Spyglass Specific Plan document allows the Director of Community Development to approve various minor modifications to the Specific Plan through a substantial conformance process rather than requiring a Specific Plan Amendment application. The Director has determined that the combining of the two park PC March 16, 2010 Item No. 4 Page 7 of 84 TPM 35336 & TTM 35337 MARCH 16, 2010 PAGE 8 of 9 sites qualifies as a minor modification given that 1) The overall acreage of lands within the development devoted to parks will not be decreased; 2) The active and passive uses and amenities to be developed and provided will not be modified or diminished and 3) The combining of the park sites does not serve to deviate from the intent of the Specific Plan document. Therefore, the Tentative Tract Map has been modified to reflect a single park site. In summary, staff has determined that Tentative Tract Map No. 35337, as conditioned, is consistent with both the City General Plan and the Spyglass Ranch Specific Plan. In addition, the map conforms to Section 16 "Subdivisions" of the Lake Elsinore Municipal Code and the State Subdivision Map Act. Correspondence Staff received correspondence from the Pechanga Band of Luiseno Indians (See Exhibit H). The correspondence indicates that cultural resource mitigation measures associated with the previously approved Final Environmental Impact Report for the Spyglass Ranch Specific Plan were inadvertently omitted as conditions of approval for the specific plan. The Reservation is now requesting that the mitigation measures be included as conditions of approval for tentative tract map 35337. The mitigation measures have been added as conditions to the Tentative Tract Map per their request. Environmental Determination On February 26, 2008, the City Council approved and certified the Spyglass Ranch Specific Plan Environmental Impact Report (EIR), which analyzed the environmental impacts associated with development of the Spyglass Ranch Specific Plan area. Tentative Parcel Map No. 35336 & Tentative Tract Map No. 35337, are part of the whole action that was analyzed in the Spyglass Specific Plan EIR. The Tentative Parcel Map and the Tentative Tract Map will not result in a change in the density or intensity of development that was analyzed in the Spyglass Ranch Specific Plan EIR. Moreover, the entitlements do not involve any changed circumstances or new information that would trigger the need for additional environmental analysis. Therefore, in accordance with CEQA and the CEQA Guidelines, no further environmental evaluation is necessary. Recommendation Staff recommends that the Planning Commission adopt resolutions recommending to the City Council of the City of Lake Elsinore adoption and approval of: 1) Findings of Consistency with the Multiple Species Habitat Conservation Plan, and 2) Tentative Parcel Map No. 35336, and 3) Tentative Tract Map No. 35337. PC March 16, 2010 Item No. 4 Page 8 of 84 TPM 35336 & TTM 35337 MARCH 16, 2010 Page 9 of 9 Prepared By: Matthew C. Harris, \' Senior Planne Approved By: Tom Weiner,—r-0 Director of Community Development Attachments: 1. Vicinity Map 2. Planning Commission, Resolutions 3. Conditions of Approval 4. Notice of Determination 5. Exhibits - Reductions (81/2 x 11) Exhibit A Tentative Parcel Map No. 35336 Exhibit B Tentative Tract Map No. 35337 (2 Sheets) Exhibit C Spyglass Ranch Land Use Plan Exhibit D Spyglass Ranch Maintenance Plan Exhibit E Development Standards Exhibit Exhibit F Spyglass Ranch Phasing Plan Exhibit G Previously Approved Specific Plan Land Use Plan 6. Correspondence Exhibit H Letter from Pechanga Indian Reservation received September 17, 2008 7. City Council Minutes dated August 11, 2009 8. Acknowledgement of Draft Conditions 9. Full Size Map /Plan Set PC March 16, 2010 Item No. 4 Page 9 of 84 RESOLUTION NO. PC - 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE WESTERN RIVERSIDE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Erik Lunde of Pacific Coves Investments L.L.C. has filed applications with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 35336 and Tentative Tract Map No. 35337 for the project identified as the Spyglass Ranch Specific Plan (the "Project "); and WHEREAS, the 258 acre project site is located on the north side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site "); and WHEREAS, Section 6.0 of the Western Riverside Multiple Species Habitat Conservation Plan (the "MSHCP ") requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed development is consistent with the MSHCP criteria and the MSHCP goals and objectives; and WHEREAS, action taken by the Planning Commission and City Council with regard to tentative parcel maps and tentative tract maps are discretionary actions subject to the MSHCP; and WHEREAS, The Final Environmental Impact Report, State Clearinghouse No. 2006121069 (the "FEIR ") for the Spyglass Ranch Specific Plan was certified by the City Council on February 26, 2008; and WHEREAS, the Project was contemplated by the Specific Plan and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR; 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 March 16, 2010. 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's consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. PC March 16, 2010 Item No. 4 Page 11 of 84 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 2 OF 5 SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following MSHCP Consistency Findings: 1. The Project is a project under the City's MSHCP Implementing Resolution, and the City must make an MSHCP Consistency finding before approving the Project. Pursuant to the City's MSHCP Implementing Resolution, prior to approving any discretionary entitlement, the City is required to review the Project to ensure consistency with the MSHCP criteria and other "Plan Wide Requirements." The Project, as proposed, was found to be consistent with the MSHCP criteria. In addition, the Project was reviewed and found consistent with the following "Plan Wide Requirements Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP § 6.1.2), Protection of Narrow Endemic Species (MSHCP § 6.1.3), UrbanMildlands Interface Guidelines (MSHCP § 6.1.4), Vegetation Mapping (MSHCP § 6.3.1), Additional Survey Needs and Procedures (MSHCP § 6.3.2), Fuels Management (MSHCP § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance § 4.0). 2. The Project is subject to the City's Lake Elsinore Acquisition Process (LEAP) and the County's Joint Project Review processes. The Project Site is within the Elsinore Area Plan, and according to MSHCP maps, was shown to be within a Criteria Cell. LEAP No. 2006 -03 was processed, but it was ultimately agreed upon by City staff and the Regional Conservation Authority that a mapping error had occurred and that this Project is NOT within a Criteria Cell. As such, LEAP 2006 -03 was withdrawn from the Joint Project Review process. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based upon their value in the conservation of a number of MSHCP covered species. All potential impacts to riparian / riverine areas will be mitigated as identified in the Determination of Biological Equivalent or Superior Preservation (DBESP). The Project Site does not have vernal pools. The Project is therefore consistent with Section 6.1.2 of the MSHCP. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The Project is not located in a Narrow Endemic Plant Species Survey Area as mapped in Section 6.1.3 of the MSHCP. Therefore, the provisions of Section 6.1.3 are not applicable to the Project. PC March 16, 2010 Item No. 4 Page 12 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 3 OF 5 5. The Project is consistent with the Additional Survey Needs and Procedures. The Project is located within the Burrowing Owl survey area as identified in Section 6.3.2 Additional Survey Needs and Procedures of the MSHCP. Surveys were conducted on the entire Project Site, and the results indicated that no Burrowing Owls occupied the Project Site. However, the Project will be required to conduct a pre - construction survey 30 days prior to the commencement of grading. As such, the Project is consistent with Section 6.3.2 of the MSHCP. 6. The Project is consistent with the UrbanNVildlands Interface Guidelines. The Project Site is not within an MSHCP Criteria Cell and does not abut any areas proposed for conservation. However, the Project has minimized potential indirect impacts using Best Management Practices and has precluded planting of highly invasive weedy species within project boundaries. As such, the Project is consistent with Section 6.1.4 of the MSHCP. 7. The Project is consistent with the Vegetation Mapping requirements. The Project Site is not within an MSHCP Criteria Cell and is not located within areas that require mapping of vegetation. As such, the Project is consistent with the MSHCP Section 6.3.1 Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area. The Project Site is not in a Criteria Cell and does not abut any areas proposed for conservation. As such, the Project is consistent with the Fuels Management Guidelines. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project is consistent with the MSHCP. For the foregoing reasons, the Project is consistent with the MSHCP. SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. PC March 16, 2010 Item No. 4 Page 13 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 4 OF 5 SECTION 4. 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 Planning Commission of the City of Lake Elsinore, California, this 16th day of March, 2010. ATTEST: Tom Weiner Director of Community Development Jimmy Flores, Chairman Lake Elsinore Planning Commission PC March 16, 2010 Item No. 4 Page 14 of 84 PLANNING COMMISSION RESOLUTION NO. 2010-_ PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010 -_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of March 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Director of Community Development PC March 16, 2010 Item No. 4 Page 15 of 84 RESOLUTION NO. PC - 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP NO. 35336 WHEREAS, Erik Lunde, of Pacific Coves Investments L.L.C. (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 35336 ( "the Subdivision "); and WHEREAS, the Developer proposes the project on a 258 acre site located on the east side of Camino Del Norte at its intersection with Main Street, and known as Assessor's Parcel Nos. 377 - 250 -011; 377 - 260 -004, 005, 006 & 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 (the "Site "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding tentative parcel maps; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: PC March 16, 2010 Item No. 4 Page 16 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 2 OF 5 (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. "; and WHEREAS, the Final Environmental Impact Report, State Clearinghouse No. 2006121069 (the "FEIR ") for the Spyglass Ranch Specific Plan was certified by the City Council on February 26, 2008; and WHEREAS, the Subdivision was contemplated by the Specific Plan and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR; and WHEREAS, public notice of the Subdivision has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on March 16, 2010. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the tentative parcel map prior to making a decision and has found it acceptable and in conformance with the previously approved Spyglass Ranch Specific Plan. SECTION 2. That in accordance with the Subdivision Map Act and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Tentative Parcel Map No. 35336: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the goals and objectives, policies, general land uses, and programs specified in the General Plan (Government Code Section 66473.5). The design of the proposed Subdivision is consistent with the Spyglass Ranch Specific Plan. In addition, the Subdivision is consistent with the General Plan and conforms to the State Subdivision Map Act. PC March 16, 2010 Item No. 4 Page 17 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 3 OF 5 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. The layout and design of the proposed Tentative Parcel Map is consistent with the land use plan and allowed densities identified in the previously approved Spyglass Ranch Specific Plan. The Parcel Map will allow for the further subdividing and multiple ownership of the Specific Plan boundary. 3. The effects that this project are 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. a. The subdivision is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The subdivision has been conditioned to annex into the Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The subdivision is conditioned to comply with all development standards of the Spyglass Ranch Specific Plan. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been examined and incorporated into Tentative Parcel Map No. 35336. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 3. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution, the Planning Commission hereby recommends approval of Tentative Parcel Map No. 35336. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PC March 16, 2010 Item No. 4 Page 18 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 16th day of March, 2010. ATTEST: Tom Weiner Director of Community Development Jimmy Flores, Chairman Lake Elsinore Planning Commission PC March 16, 2010 Item No. 4 Page 19 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010 -_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of March 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Director of Community Development PC March 16, 2010 Item No. 4 Page 20 of 84 RESOLUTION NO. PC - 2010- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP NO. 35337 WHEREAS, an application has been filed with the City of Lake Elsinore by Erik Lunde, of Pacific Coves Investments L.L.C. (the "Developer'), requesting approval of Tentative Tract Map No. 35337 which proposes to subdivide 258 acres of land within the Spyglass Ranch Specific Plan into four - hundred fifty -one (451) single - family residential lots, two (2) estate residential lots, two (2) courtyard home lots, one (1) multi - family residential or commercial lot, one (1) park lot and twenty -two (22) open space lots ( "the Subdivision "); and WHEREAS, the Developer proposes the project on a 258 acre site located on the east side of Camino Del Norte at its intersection with Main Street, and known as Assessor's Parcel Nos. 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 & 377 - 260 -004, 005, 006 (the "Site "); and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding tentative tract maps; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162(a) states that 'When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the PC March 16, 2010 Item No. 4 Page 21 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 2 OF 5 previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. "; and WHEREAS, The Final Environmental Impact Report, State Clearinghouse No. 2006121069 (the "FEIR ") for the Spyglass Ranch Specific Plan was certified by the City Council on February 26, 2008; and WHEREAS, the Subdivision was contemplated by the Specific Plan and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR; and WHEREAS, public notice of the Subdivision has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on March 16, 2010. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed design for the tentative tract map prior to making a decision and has found it acceptable and in conformance with the previously approved Spyglass Ranch Specific Plan. Moreover, the Planning Commission hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission finds and determines that in accordance with CEQA Guidelines Section 15162, the Subdivision does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with the Subdivision were contemplated by the PC March 16, 2010 Item No. 4 Page 22 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 3 OF 5 FEIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for the Subdivision. SECTION 3. That in accordance with the Subdivision Map Act and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Tentative Tract Map No. 35337: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan; Spyglass Ranch Specific Plan and Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The design of the proposed Subdivision is consistent with the Spyglass Ranch Specific Plan. In addition, the Subdivision is consistent with the General Plan and conforms to the State Subdivision Map Act. In accordance with Title 16 of the Municipal Code, some lots twice or more the approved minimum lot size have been deemed necessary in order to project the health, safety and general welfare. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. The Subdivision is consistent with the land use plan, development and design standards and all other appropriate requirements contained in the General Plan and Spyglass Ranch Specific Plan. In accordance with the Specific Plan, large natural open space buffer areas have been provided. In addition, access to adjacent residential properties has been included in the design for both pedestrian and, vehicular access. 3. The effects that this project are 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. a. The subdivision is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The subdivision has been conditioned to annex into the Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The subdivision is conditioned to comply with all development standards of the Spyglass Ranch Specific Plan. These standards have been prepared and reviewed to benefit the public health, safety and welfare. PC March 16, 2010 Item No. 4 Page 23 of 84 PLANNING COMMISSION RESOLUTION NO. 2010- PAGE 4 OF 5 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been examined and incorporated into Tentative Tract Map No. 35337. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution, the Planning Commission hereby recommends approval of Tentative Tract Map No. 35337. 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 Planning Commission of the City of Lake Elsinore, California, this 16th day of March, 2010. ATTEST: Tom Weiner Director of Community Development Jimmy Flores, Chairman Lake Elsinore Planning Commission PC March 16, 2010 Item No. 4 Page 24 of 84 PLANNING COMMISSION RESOLUTION NO. 2010 - PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. PC - 2010-_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of March 2010, and that the same was adopted by the following vote: AYES: NOES: ABSENT: Tom Weiner Director of Community Development PC March 16, 2010 Item No. 4 Page 25 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 "SPYGLASS RANCH SPECIFIC PLAN." APN NOS. 377 - 250 -011 377 - 350 -004 007 008 010 014 015 016 017 & 377 -260- 004, 005, 006. PLANNING DIVISION 1. Tentative Parcel Map No. 35336 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 Lake Elsinore Municipal Code and the Subdivision Map Act. 2. Tentative Parcel Map No. 35336 shall comply with the State of California Subdivision Map Act and the Spyglass Ranch Specific Plan. In addition, when the Spyglass Ranch Specific Plan is silent on a particular issue, the Parcel Map shall comply with all applicable requirements of the Lake Elsinore Municipal Code (Title 16) or any modifications set forth in these Conditions of Approval. 3. 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. 4. This project and all subsequent projects within the Spyglass Ranch Specific Plan boundary shall comply with the mitigation measures and the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Environmental Impact Report No. 2008 -07 for Spyglass Ranch Specific Plan, unless superseded by these Conditions. 5. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, the documents submitted by the applicant, the permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 6. All lots shall meet the minimum setback requirements and must comply with the Development Standards in the Spyglass Ranch Specific Plan. Subdivision and construction of the property is subject to all the Conditions of Approval of the Specific Plan unless superseded by these conditions. 7. The applicant shall provide to the Director of Community Development within thirty (30) days of map approval, a final approved version of Tentative Parcel Map No. Page 1 of 10 PC March 16, 2010 Item No. 4 Page 26 of 84 35336 in digitized format. 8. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of project approval by the City Council. PRIOR TO FINAL PARCEL MAP APPROVAL: 9. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 10. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 11. The applicant shall comply with all the attached Riverside County Fire Department conditions of approval. ENGINEERING DIVISION Prior to the approval of the Parcel Map, unless other arrangements are made and noted herein, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 12. A grading plan signed and stamped by a California 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. 13. Prior to commencement of grading operations, applicant 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 routes shall be submitted prior to issuance of a grading permit. 14. An Encroachment Permit shall be obtained prior to any work on City and /or State right -of -way. 15. 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. Page 2 of 10 PC March 16, 2010 Item No. 4 Page 27 of 84 16. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded. 17. 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. 18. The subdivider shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 19. The subdivider shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 20. The subdivider shall pay all development fees, including but not all inclusive: TUMF, MSHCP,TIF, and Area Drainage Fees. 21. 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. 22. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 23. 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. 24. 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. 25. 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. 26. 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 Page 3 of 10 PC March 16, 2010 Item No. 4 Page 28 of 84 cleaning, demolition, clear and grubbing or all other phases of construction. 27. A drainage study shall be provided. The study shall identify the following: 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. 28. 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. 29. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 30. The subdivider 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. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 31. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 32. The subdivider shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 33. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, Page 4 of 10 PC March 16, 2010 Item No. 4 Page 29 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 35336 11LMWn1 AQG MA\I^U GH9rnIrin MI /SKI 11 004, 005, 006. What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 34. The subdivider shall construct full street improvements and dedicate full right -of- way on Camino Del Norte such that the ultimate right -of -way width conforms to General Plan and the Spyglass Specific Plan street right -of -way cross sections. The cross section of roadway improvements with a raised median (if applicable, and if applicable, applicant shall pay cash -in -lieu of construction of '/z the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino del Norte, as recommended by the City. The road improvements for Camino del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer. 35. The subdivider shall construct full street improvements and dedicate the full right - of -way on Elsinore Hills Road per General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. The cross section of roadway improvements with a parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino del Norte, as required by the General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. 36. The subdivider shall construct full width street improvements on "CC ", and "BB "streets as shown on the map and /or per design guidelines in the Specific Plan. 37. The subdivider shall be responsible for acquiring right -of -ways in which the applicant or the City has no legal title or interest. If the applicant is unsuccessful in acquiring such right -of -ways, the City could assist the applicant in the Eminent Domain process at applicant's cost. 38. All streets shall be constructed per County Standards. Any deviation from County standards shall be approved by the City Engineer. 39. The subdivider shall implement mitigation measures identified in the revised Traffic Analysis (revised) dated August 18, 2009 to the satisfaction of the City Engineer. Page 5 of 10 PC March 16, 2010 Item No. 4 Page 30 of 84 40. The subdivider shall provide fair share costs of the ultimate road improvements that are not subject to TUMF or established City of Lake Elsinore fees for the ultimate road improvements as follows: Main Street/115 Ultimate Interchange Upgrade and Project Study Report, Camino del Norte(offsite) to La Strada and, Franklin Street to Main Street connection. A) The subdivider shall construct the traffic signals at Main /115 SB and NB on /off ramps. The City shall provide TIF or TUMF credit to subdivider. If TIF or TUMF credits are not sufficient to insure that subdivider's cost of construction of these signals do not exceed subdivider's payment of TIF or TUMF for these signals, the City shall enter into a reimbursement agreement with subdivider to reimburse subdivider for the difference between subdifvider's cost to construct the signals minus the issued TIF and TUMF credit and the amount of TIF or TUMF payment the subdivider otherwise would be obligated to pay. B) The subdivider shall install a one -way stop sign at the Camino del Norte /Street -A intersection. However, if the criteria for traffic signal warrants are satisfied prior to the issuance of the final certificate of occupancy for the project, the subdivider shall immediately remove the stop sign and install a traffic signal at this intersection. Otherwise, the traffic signal shall be installed and operational prior to the issuance of the final certificate of occupancy. 41. The subdivider shall participate in "fair share" payment of offsite improvements if the offsite improvements are not subject to TUMF or established City of Lake Elsinore fees, specified in Table 10 of the Traffic Impact Analysis (revised) August 18, 2009, as specified in Section VIII. B(1) and (2) and figure 84 in this study to the satisfaction of the City Engineer. 42. The subdivider shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures on local streets. 43. The subdivider 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. 44. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Request for Page 6 of 10 PC March 16, 2010 Item No. 4 Page 31 of 84 APN NOS. 377 - 250 -011 377 - 350 -004 007 008 010 014 015 016 017 & 377 -260- 004, 005, 006. reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 45. The development of each Parcel shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115 /Main Street Interchange Upgrade, additional right way could be required along Camino Del Norte. 46. The subdivider shall submit a WQMP of the project for City's review and approval Prior to Issuance of a Grading Permit 47. The subdivider shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 48. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 49. The subdivider shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 50. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 51. The subdivider shall obtain all necessary off -site easements and /or permits for off - site grading, improvements, and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 52. The subdivider shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and /or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 53. All grading shall be done under the supervision of a geotechnical engineer and he /she 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. 54. The subdivider shall provide erosion control measures as part of their grading plan. Page 7 of 10 PC March 16, 2010 Item No. 4 Page 32 of 84 004,005,006. The applicant shall ensure protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 55. The subdivider shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 56. The subdivider shall provide an approved haul route. In addition, a focused Traffic Mitigation /Management Plan related to construction activities shall be provided. Prior to Issuance of Building Permit 57. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 58. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the Traffic Analysis (revised) dated August 18, 2009, as specified in Section VIII. B(1) and (2) and figure 84 in this study. 59. The subdivider shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 60. The subdivider shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 61. The subdivider shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and /or off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for Page 8 of 10 PC March 16, 2010 Item No. 4 Page 33 of 84 004, 005, 006. an encroachment permit shall be fulfilled before Certificate of Occupancy. 62. 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 off -site improvements will be scheduled and approved. 63. The traffic signals shall be installed per the Traffic Analysis (revised) dated August 18, 2009, as specified in Section VIII. B(1) and (2) and figure 84 in this study to the satisfaction of the City Engineer. 64. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 65. 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. 66. The fair share cost of future improvements as a condition of this development shall be paid. 67. All water and sewer improvements shall be completed in accordance with Water District requirements. 68. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 69. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 70. As -built plans shall be completed and signed by the City Engineer. 71. All improvement plans shall be digitized. The applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $1,000 per sheet for City digitizing the plans. DEPARTMENT OF ADMINISTRATIVE SERVICES 72. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special or Conditional Use Permit or Building Permit (as applicable), the applicant shall participate in the Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred ($4,200) non - refundable deposit Page 9 of 10 PC March 16, 2010 Item No. 4 Page 34 of 84 004, 005, 006. to cover the cost of the legal process to participate in the CFD. Page 10 of 10 PC March 16, 2010 Item No. 4 Page 35 of 84 004. 005, 006. PLANNING DIVISION 1. Tentative Tract Map No. 35337 will expire two (2) years from the date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extension of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Tract Map No. 35337 shall comply with the State of California Subdivision Map Act and the Spyglass Ranch Specific Plan. In addition, the map shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend, (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and /or Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents concerning the project attached hereto. 4. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $2060.25 to pay for the cost of such filing, in accordance with filing fees effective January 1, 2010. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. 6. This project and all subsequent projects within the Spyglass Ranch Specific Plan boundary shall comply with the mitigation measures and the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Environmental Impact Report No. 2008 -07 for Spyglass Ranch Specific Plan, unless superseded by these Conditions. 7. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. Page 1 of 26 PC March 16, 2010 Item No. 4 Page 36 of 84 Air Quality 8. The following measures are required to reduce project impacts relating to ROG, NOX, PM10 and PM2.5: • Limit the simultaneous disturbance area to as small an area as practical. • Terminate soil disturbance when winds exceed 25 mph. • Stabilize previously disturbed areas if subsequent construction is delayed. • Water exposed surfaces and unpaved haul routes at least three times daily. • Cover all stockpiles with tarps when left unattended for more than 72 hours. • Reduce speed on unpaved roads and haul routes to less than 15 mph. • Require 90 -day low NOX tune -ups for off -road equipment. • Limit allowable idling to 5 minutes for trucks and heavy equipment. • Require use of Tier 3 -rated engines for scrapers and dozers used in grading. • Require installation of soot filters on all diesel equipment > 100 horsepower. • Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. • Park construction vehicles off traveled roadways. • Wet down or cover dirt hauled off -site. ■ Wash or sweep access points daily. ■ Encourage receipt of construction materials during non -peak traffic hours. Page 2 of 26 PC March 16, 2010 Item No. 4 Page 37 of 84 • Sandbag construction sites for erosion control. (MM) 9. As operation - related impacts result primarily from mobile sources traveling to and from the project site, the proposed project shall incorporate any available TCM's. Such measures include, but are not limited to: ■ Providing future transit access points within the development; ■ Including bicycle lanes in the project design; and /or ■ Providing an attractive pedestrian environment. (MM) 10. This map must comply with the Development Standards and Design Guidelines approved with the Spyglass Ranch Specific Plan. Construction of the property is subject to all the Conditions of Approval of the Specific Plan unless superseded by these conditions. a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the Specific Plan, and shall be in substantial conformance with the approved Tentative Tract Map. b. Where the Specific Plan is silent, Title 16 and 17 of the Lake Elsinore Municipal Code shall apply. 11. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the tentative map approval by the City Council. 12. The Developer shall disclose to all home buyers within a 300 -foot radius of the boundaries of the proposed park site (Lot 468) that specific recreational facilities within the park may include the installation and operation of illumination devices. PRIOR TO RECORDATION OF FINAL TRACT MAP: 13. The applicant shall comply with the attached Riverside County Fire Department conditions of approval. 14. Planning Area 10 shall be modified to depict no fewer than seven (7) residential estate lots. The specific lot and street circulation design and layout shall be Page 3 of 26 PC March 16, 2010 Item No. 4 Page 38 of 84 "SPYGLASS RANCH SPECIFIC PLAN," APN NOS. 377 - 250 -011 377 - 350 -004 007 008 010 014 015 016 017 & 377 -260- 004. 005, 006. reviewed and approved by the City Engineer and Director of Community Development. 15. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 16. The applicant shall submit signed letters of authorization from affected abutting property owners in association with the proposed offsite street connections and improvements and offsite grading. 17. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 18. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 19. The applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and the City Attorney's office, and shall be recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC &Rs). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or coordinate with an appropriate agency approved by the Community Development Director, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regard to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service. b. CC &Rs shall prohibit on- street storage of boats, motor homes, trailers, and trucks over one -ton capacity. C. CC &Rs shall prohibit roof - mounted or front -yard microwave satellite antennas. d. CC &Rs shall provide for maintenance of all slopes within the project boundaries to be maintained, repaired, and otherwise cared for by the HOA. Page 4 of 26 PC March 16, 2010 Item No. 4 Page 39 of 84 e. CC &Rs shall provide for City review and approval of any annexation or deannexation of territory into or out of the HOA. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA. g. The City shall be made an express third party beneficiary to the CC &Rs such that the City has the right, but not the obligation, to enforce the CC &Rs in the event that the HOA fails to do so. 20. All open space lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 21. The Final Map shall identify all street side yards and down slopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These areas shall be fully landscaped, irrigated and maintained by the HOA. 22. All trails shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 23. Offsite trail connection points shall be established at such time that offsite street or trail improvements are constructed. The trail connection points shall remain open and passable for the public and shall be so noted on the Final Map. PRIOR TO ISSUANCE OF GRADING AND BUILDING PERMITS: Air Quality 24. Upgraded filters on the ventilation system shall be installed for homes within 500 feet of the nearest 1 -15 travel lane. (MM) Hazards & Hazardous Materials 25. Prior to issuance of the site grading permit, the applicant or developer shall finance the installation of up to eleven multi -level landfill gas detection probes at intervals of 100 feet, along the northerly and northwesterly edge of the landfill property to comply with CCR Title 27 and SCAQMD Rule 1150.1. The applicant or developer shall coordinate with Riverside County Waste Management Department (RCWMD), regarding the exact location of these landfill gas detection probes. Page 5 of 26 PC March 16, 2010 Item No. 4 Page 40 of 84 APN NOS. 377 - 250 -011 377 - 350 -004 007 008 010 014 015 016 017 & 377 -260- 004. 005. 006. RCWMD shall be responsible for building the probes and for conducting periodic monitoring and maintenance of the permanently installed monitoring probes. (MM) 26. All debris shall be disposed of off -site, in accordance with current local, state and federal disposal regulations. When debris is removed, care shall be taken to look for potential hidden hazardous materials within the piles. Should hazardous materials be identified, disposal shall be in accordance with all federal and state regulations. (MM) 27. Prior to any demolition, renovation or any other activity that may disturb suspect regulated asbestos containing materials, either an inspection shall be performed by an accredited Building Inspector, or the affected materials shall be handled as asbestos - containing in accordance with all federal and state requirements. If future sampling identifies any such materials as asbestos containing materials they shall be properly abated and disposed of by a state - licensed abatement contractor prior to disturbance or demolition in accordance with all federal and state requirements, including the California Code of Regulation (CCR) and the Universal Waste Rule (40 CFR Part 9). (MM) 28. Prior to any activity that may cause lead exposure either to workers or tenants; lead based paint sampling shall be performed in accordance with all federal and state requirements. Should future renovation, repair or demolition disturb and suspect paint, a lead based paint inspection and /or risk assessment shall be conducted by a state or federally certified lead based paint inspector /assessor to identify areas of potential tenant or worker exposure in accordance with all federal and state requirements. Should any lead based paint be identified, such painted surfaces shall be properly disposed of as appropriate prior to demolition, following the requirements included in the CCR and the Universal Waste Rule. (MM) Noise Impacts 29. Single- family residential units abutting Elsinore Hills Drive (Planning Areas 4 -6, 9, 11 and 12) shall either establish a buffer (be sited outside of the 98 foot contour), an acoustical barrier (wall or berm of 6 feet in height), or a combination thereof to meet the City Noise Element 65 dBA Ldn exterior noise level threshold for residential units. The acoustic barrier /earthen berm should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM) 30. Residential units in Planning Area 1 adjacent to 1 -15 and Camino Del Norte shall require a 12 -foot acoustic barrier /earthen berm to meet the 65 dBA Ldn exterior Page 6 of 26 PC March 16, 2010 Item No. 4 Page 41 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 «covr - -] A¢¢ DAriru ¢ooricir of AKI ,e 004, 005, 006. noise threshold. Along the westernmost perimeter of Planning Area 1, the acoustic barrier /earthen berm shall be designed to taper, from 12 -feet to 8 -feet, to shield residential units with a direct line -of -sight to 1 -15. At the southeast corner of Planning Area 1, the acoustic barrier /earthen berm shall also be designed to taper from 12 -feet to 6 -feet, to shield those residential units nearest Camino Del Norte from traffic noise. The acoustic barriers /earthen berms should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM) 31. Residential units in Planning Area 5 and 6 adjacent to 1 -15 and Camino Del Norte shall require a 10 -foot acoustic barrier /earthen berm to meet the 65 dBA Ldn exterior noise threshold. Along the easternmost perimeter of Planning Area 6, the acoustic barrier /earthen berm shall be designed to taper, from 10 -feet to 6 -feet, to shield residential units with a direct line -of -sight to 1 -15. The acoustic barriers /earthen berms should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM) 32. Upon completion of final grading plans, a supplemental noise assessment shall be conducted to determine if the noise attenuation methods listed in Condition of Approval Nos, 29, 30, 31 & 38 remain necessary or if other methods or design measures can be utilized based on actual grade elevations. 33. Upon completion of final grading plans, a supplemental noise assessment shall be conducted to confirm that individual or combination of barriers and setbacks have reduced exterior noise to below 65 dBA and interior noise to below 45 dBA. (MM) 34. Residential units abutting Elsinore Hills Drive (Planning Areas 4 -5, 9, 11 and 12) shall require upgraded acoustic features capable of providing up to 23 dBA Ldn of mitigation for second -story residential facades with a direct line -of -sight to Elsinore Hills Drive. According to the hierarchy of structural noise mitigation listed below, these units would require standard dual -paned windows in order to meet the City's interior noise standard. (MM) Page 7 of 26 PC March 16, 2010 Item No. 4 Page 42 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 "SPYGLASS RANCH SPECIFIC PLAN." APN NOS. 377 - 250 -011 377 - 350 -004 007 008 010 014 015 016 017 & 377 -260- 004, 005, 006. Exterior to Interior Mitigation Measure(s) Needed Reduction Desired 0 -10 dBA None 10 -20 dBA Close windows facing roadway. Provide supplemental ventilation. 20 -25 dBA Close standard dual -paned windows. Provide supplemental ventilation. 25 -30 dBA Close up- graded dual -paned windows. Baffle vents and line ducts with absorbers. Provide supplemental ventilation. >30 dBA Custom upgrades (dual layer drywall, triple -paned windows, steel doors, etc. 35. Residential units in Planning Area 1 adjacent to 1 -15 and Camino Del Norte shall require custom acoustic upgrades capable of providing up to 34 dBA Ldn of mitigation to meet the City's interior residential noise threshold of 45 dBA Ldn. (MM) 36. Residential units in Planning Area 6 adjacent to 1 -15 and Camino Del Norte shall also require custom acoustic upgrades capable of providing up the 32 dBA Ldn of mitigation to meet the City's interior residential noise threshold of 45 dBA Ldn. (MM) 37. A supplemental acoustic analysis shall be submitted in conjunction with the issuance of building permits for residential units adjacent to both Elsinore Hills Drive and Camino Del Norte to verify that adequate noise protection exists in perimeter residences to meet the City's interior residential noise threshold of 45 dBA Ldn. Since the exterior tier of development will assist in shielding interior units, the above acoustic upgrades are needed only on the outermost tier or development. (MM) 38. Supplemental ventilation, in conjunction with air conditioning, shall be required in any livable space where window closure to shut out roadway noise is needed to meet interior noise standards. (MM) 39. Should Planning Area 5 and 6 be developed as commercial land uses, residential units abutting Elsinore Hills Drive shall be sited outside of the 118 foot contour. (MM) 40. Upon submittal of final engineering design of the commercial uses, the project shall incorporate all mitigation measures to minimize hours of operation and reduce exterior noise levels resulting from potential noise source location, such as loading Page 8 of 26 PC March 16, 2010 Item No. 4 Page 43 of 84 004,005,006. docks, speakerphones, music /live entertainment, to 65 dBA Ldn from 7 a.m. to 1C p.m. These measures shall be implemented to the satisfaction of the City Engineer. (MM) Transportation and Traffic 41. Construct Camino Del Norte from the west project boundary to the east project boundary at its ultimate cross - section width (widen from 2 lanes to four lanes) including sidewalk and parkway improvements in conjunction with development. (MM) 42. Construct Elsinore Hill Drive from the north project boundary to Camino Del Norte at its ultimate cross - section width (widen from 2 lanes to four lanes) including sidewalk and parkway improvements in conjunction with development. (MM) 43. On -site traffic signing /striping shall be implemented in conjunction with detailed construction plans for the project site. (MM) 44. In addition to participating in the Western Riverside TUMF program for General Plan improvements, the project shall participate in the phased construction of off - site intersection improvements through payment of established City of Lake Elsinore fees, payment of the project's fair share traffic contribution, assessment district and /or community facilities district financing, and construction of off -site facilities under appropriate fee credit agreements. (MM) 45. Prior to the issuance of a grading permit, the project applicant shall participate in the fair share traffic contribution of the Project Study Report (PSR) for the 1 -15 /Main Street interchange. (MM) 46. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 47. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval immediately previous, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and related Condition of Page 9 of 26 PC March 16, 2010 Item No. 4 Page 44 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 "SPYGLASS RANCH SPECIFIC PLAN," APN NOS. 377 - 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 & 377 -260- 004, 005, 006. Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 48. The applicant shall install a weatherproofed 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. Biological Resources 49. Prior to the issuance of a grading permit, the project applicant shall submit a Re- vegetation Plan for creation of 0.51 acre of riparian or marsh habitat. The Re- vegetation Plan shall include but not be limited to the following to ensure the establishment of the vegetation: qualitative and quantitative performance standards, map showing the re- vegetation areas, site preparation information including grading requirements type of planting materials (e.g. species ratios, source, size material, etc.), planting program, success criteria including target functions and values, and detailed cost estimate. The cost estimate shall include all phases, including but not limited to, planting, plant materials, irrigation, maintenance, monitoring and report preparation. The report shall be prepared by a qualified restoration ecologist/biologist and subject to the approval of the Community Development Director. (MM) 50. The re- vegetation shall occur on property known as the "Cloverleaf' in the southern end of Lake Elsinore or other offsite mitigation parcels acceptable to the City. If the mitigation at the Cloverleaf property is not available, 0.51 acre of mitigation shall be provided at an alternative site or mitigation bank (the mitigation bank must have creation credits available), shall be approved by the Community Development Director, and must meet the following criteria: The site shall be part of a larger block of conserved habitat, or in an area that is targeted for conservation by the MSHCP. Specific locations could include Temescal Wash, proposed Core 1 and Core C of the MSHCP, or other appropriate sites surrounding Lake Elsinore. Hydrology shall be appropriate to allow for fully functional wetland habitat for habitat restoration. For areas adjacent to Lake Elsinore, the pre- mitigation elevations shall be above 1,260 feet above mean sea level (AMSL) for areas outside of the Back Basin levee, or above 1,246 feet AMSL within the Back Basin levee Page 10 of 26 PC March 16, 2010 Item No. 4 Page 45 of 84 "SPYGLASS RANCH SPECIFIC PLAN," APN NOS. 377 - 250 -011 377 - 350 -004 007 008 010 014 015 016 017 & 377 -260- 004, 005, 006. to insure that the mitigation site is not considered jurisdictional habitat prior to implementation of the mitigation program. (MM) 51. Habitat created pursuant to the Re- vegetation Plan shall be placed within an open space easement dedicated to the City or transferred to the RCA subject to a Donation Agreement prior to or immediately following the approval of the Re- vegetation Plan. (MM) 52. The applicant shall enter in a Secured Agreement with the City of Lake Elsinore Planning Division consisting of a letter of credit, bond, or cash for implementation of the Re- vegetation Plan. (MM) 53. Prior to issuance of a grading permit and prior to approval of the Final Map (or Parcel Map) the applicant shall provide the Community Development Director with a copy of a Clean Water Act Section 404 permit issued by the U.S. Army Corps of Engineers and a copy of a Streambed Alteration Agreement issued by the California Department of Fish and Game (or evidence that no permit or agreement is required) for all project - related disturbances of any streambed. (MM) 54. Due to the presence of suitable habitat onsite for the western burrowing owl, a qualified biologist shall conduct pre- construction focused species surveys within 30 -days prior to any ground disturbing activities at the project site where suitable habitat is present. If burrowing owls are determined to occupy the project site during pre- construction surveys, CDFG shall be consulted and a passive relocation program shall be undertaken to relocate owls to an area outside the impact zone. The relocation shall be conducted following accepted protocols and would occur outside of the breeding season for the burrowing owl. Existing burrows shall be destroyed once they are vacated. (MM) 55. To avoid impacts to nesting migratory birds, including raptors, the removal of potential nesting vegetation (i.e. trees, shrubs, ground cover, etc.) should be avoided during the nesting season, recognized from February 15 through August 31. If vegetation removal must occur during the nesting season, a qualified biologist shall conduct a migratory nesting bird survey to ensure that vegetation removal would not impact any active nests. Surveys must be conducted on more than three days prior to vegetation removal. If active nests are identified during nesting bird surveys, then the vegetation used for nesting shall be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist shall flag the occupied vegetation and should establish an adequate buffer (e.g., construction fencing) around the occupied vegetation. The size of the buffer would be based on the type of bird nesting (i.e., raptors shall be Page 11 of 26 PC March 16, 2010 Item No. 4 Page 46 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 16COW N Ac¢ OAKiru coorioir 01 AKi IF 004, 005, 006. afforded larger buffers). Clearing /grading shall not occur within the buffer until the nesting event has completed. (MM) 56. The project shall pay appropriate MSHCP fees for impacts to the following animal and plant species covered by the MSHCP: coastal California gnatcatcher, Southern California rufous - crowned sparrow, Belding's orange- throated whiptail, red - diamond rattlesnake, San Diego black - tailed jackrabbit, long - spined spineflower and Payson's jewelflower. (MM) 57. To reduce impacts to the Stephen's kangaroo rat, the project shall pay Riverside County SKR Habitat Conservation Plan Fees of $500 per acre to reduce impacts. (MM) Cultural Resources 58. Prior to issuance of grading permit(s) for the project, the applicant shall retain an archaeological monitor to monitor all ground- disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. (MM) 59. At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. (MM) 60. Prior to issuance of any grading permit, the project archeologist shall file a pre - grading report with the City and County (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required Condition of Approval No. 32 above, the archeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop Page 12 of 26 PC March 16, 2010 Item No. 4 Page 47 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 66�171vrI Acs nwunu ni wILI �I 004, 005, 006. and redirect grading activities in consultation with the project archeologist. (MM) 61. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. (MM) 62. The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. (MM) 63. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM) 64. If inadvertent discoveries of subsurface archaeological /cultural resources are discovered during grading, the Developer, the project archaeologist, and the appropriate Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Developer and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Community Development Director (CDD) for decision. The CDD shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the appropriate Tribe. Notwithstanding any other rights available under the law, the decision of the CDD shall be appealable to the City of Lake Elsinore. (MM) 65. Prior to any grading at or near the vicinity of (P -33 -3278 also known as SRS -781- 2), the Developer shall meet and confer with the appropriate Tribe to develop an appropriate controlled grading plan. The purpose of the controlled grading at and around the site is to afford the opportunity to determine whether any subsurface resources are associated with the site and if so, the significance of any such resources. All such controlled grading shall be monitored according to the provisions of the Agreement required in MM 4.4 -2 shall apply. Further, if subsurface resources are discovered at the site, the provisions of MM 4.4 -2 Page 13 of 26 PC March 16, 2010 Item No. 4 Page 48 of 84 i1QOV!_`I ACC onWru QOC/HOIfb MI ALI fl through 4.4 -7 shall apply. (MM) 66. Any easements for grading provided to off -site developers shall be subject to the provisions of MM 4.4 -2 through 4.4 -8. (MM) 67. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SIB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 68. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). 69. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 70. The developer shall submit plans to the electric utility company to layout the street lighting system. Decorative street light fixtures shall be utilized throughout the Specific Plan boundary as specified by the Specific Plan document. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and /or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 71. The applicant shall meet all requirements of the providing electric utility company. 72. The applicant shall meet all requirements of the providing gas utility company. 73. The applicant shall meet all requirements of the providing telephone utility company. 74. A bond is required guaranteeing the removal of all trailers used during construction. 75. The applicant shall comply with any /all requirements of the California Department of Transportation (Caltrans). Page 14 of 26 PC March 16, 2010 Item No. 4 Page 49 of 84 76. All signage shall be subject to Planning Division review and approval prior to installation. 77. Landscape Plans for the tract shall include vegetative screening of all retention basins and both sides of service roads and drainage easements. 78. All streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase 1 of project development as identified on the approved landscape plans. 79. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 80. The project shall provide primary and secondary access through all phases of development. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department. PRIOR TO DESIGN REVIEW: 81. All future structural development associated with this map requires separate Design Review approval. 82. The existing residence on the project site shall be fully rehabilitated and brought up to Code prior to sale in association with the first phase of project development. The rehabilitation of the residence shall require Design Review approval. 83. Prior to the existing residence being sold, the developer shall have a plaque prepared noting both the oral and written history associated with the residence. The plaque shall be posted permanently within close proximity to the residence and shall remain visible from the adjacent street frontage. 84. Prior to the existing residence being sold, the developer shall investigate and consider having the residence registered as a historic structure with the Riverside Page 15 of 26 PC March 16, 2010 Item No. 4 Page 50 of 84 County Historical Commission. 85. Elevation drawings for Design Review shall include four -sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case -by -case basis, this condition may be waived. 86. Architectural designs shall include the mitigation measures that reduce noise with mechanical ventilation and dual glazed windows as required by the MMRP. 87. All disturbed portions of natural open space areas shall be re- vegetated in accordance with applicable Specific Plan provisions and shall be maintained until established. 88. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 89. Down slopes adjacent to streets shall be maintained by the HOA. 90. A detailed fencing plan shall be required for review and approval during the Design Review process. a. The applicant shall install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines for the Spyglass Ranch Specific Plan. b. Where perimeter walls separate the project from existing residences, the walls shall be installed prior to the commencement of construction of models and production units, to minimize construction noise and dust impacts to adjacent residents as much as possible. C. Where views to open space are important, the applicant shall provide the appropriate view fencing. d. Plans shall include the design of noise barrier walls required as mitigation measures for the project. Appropriate landscaping shall be required to soften the visual impact of these walls. Page 16 of 26 PC March 16, 2010 Item No. 4 Page 51 of 84 004, 005, 006. 91. A detailed construction phasing plan shall be submitted for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. C. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. 92. Primary and secondary access roads for each phase shall be fully constructed and open to the public prior to the issuance of the Certificates of Occupancy for each phase of the tract. ENGINEERING DIVISION Prior to the approval of the final Tract Map, unless other arrangement is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 93. 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. 94. Prior to commencement of grading operations, applicant 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. 95.An Encroachment Permit shall be obtained prior to any work on City and /or State right -of -way. 96.Any grading that affects "waters of the United States ", wetlands or jurisdictional Page 17 of 26 PC March 16, 2010 Item No. 4 Page 52 of 84 004. 005, 006. streambeds, shall require approval and necessary permits from respective Federal and /or State agencies. 97.AII arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded. 98. 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. 99.The subdivider shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 100. The subdivider shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 101. The subdivider shall pay all development fees, including but not all inclusive: TUMF, MSHCP,TIF, and Area Drainage Fees. 102. 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. 103. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 104. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'h" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 105. 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. 106. 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. 107. In accordance with the City's Franchise Agreement for waste disposal & recycling, Page 18 of 26 PC March 16, 2010 Item No. 4 Page 53 of 84 004, 005, 006. 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. 108. 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. 109.AII 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. 110. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 111. The subdivider shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 112. 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 NPDESDrainage Area Management Plan. (Required for lot of one acre or more) 113. The subdivider shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 114. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water Page 19 of 26 PC March 16, 2010 Item No. 4 Page 54 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 66cwr_1 Acc DAKiru eDCr1C111 Di Aui » 004. 005. 006. ordinances prohilbi t the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 115. The subdivider shall construct full street improvements and dedicate full right -of- way on Camino Del Norte such that the ultimate right -of -way width conforms to General Plan and Spyglass Specific Plan right -of -way cross sections. The cross section of roadway improvements with a raised median (if applicable and if applicable, applicant shall pay cash -in -lieu of construction of Y2 the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino del Norte, as recommended by the City. The road improvements for Camino del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 and the General Plan Circulation Plan. 116. The subdivider shall construct full street improvements and dedicate the full right - of -way on Elsinore Hills Road per General Plan (and Spyglass Specific Plan) street right -of -way requirements. The cross section of roadway improvements with a parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino del Norte, as required by the General Plan (and Spyglass Specific Plan) and the improvements shall be constructed to the satisfaction of the City Engineer. 117. The subdivider shall construct full width street improvements and dedicate the right of way on "A" to "D" Streets, "AA" to "HH" Streets as shown on the map and /or per design guidelines in the Specific Plan. 118. The subdivider shall be responsible for acquiring right -of -ways in which the applicant or the City has no legal title or interest. If the applicant is unsuccessful in acquiring such right -of -ways, the City could assist the applicant in the Eminent Domain process at applicant's cost. 119. All streets shall be constructed per County Standards. Any deviation from County standards shall be approved by the City Engineer. 120. The subdivider shall implement mitigation measures identified in the Traffic Page 20 of 26 PC March 16, 2010 Item No. 4 Page 55 of 84 1600WII AQQ OAKII Ll 015CENCIf MI A \I 12 Analysis dated August 18, 2009, as specified in Section VIII. B(1) and (2) and Figure 84 of this Study to the satisfaction of the City Engineer. 121. The subdivider shall provide fair share costs, as approved by the City Engineer, if the ultimate road improvements are not subject to TUMF or established City ofLake Elsinore fees for the ultimate road improvements as follows: Main Street/115 Ultimate Interchange Upgrade and Project Study Report, Camino del Norte(offsite) to La Strada and Canyon Estates Street connection , Franklin Street to Main Street connection. 122. The subdivider shall construct the traffic signals at Main /115 SB and NB on /off ramps. The City shall provide TIF or TUMF credit to the Subdivider. If TIF or TUMF credits are not sufficient to insure that subdivider's cost of construction of these signals do not exceed subdivider's payment of TIF or TUMF for these signals, the City shall enter into a reimbursement agreement with subdivider to reimburse subdivider for the difference between subdivider's cost to construct the signals minus the issued TIF and TUMF credit and the amount of TIF or TUMF payment the subdivider otherwise would be obligated to pay. 123. The subdivider shall install a one -way stop sign at the Camino del Norte /Street -A intersection. However, if the criteria for traffic signal warrants are satisfied prior to the issuance of the final certificate of occupancy for the project, the subdivider shall immediately remove the stop sign and install a traffic signal at this intersection. Otherwise, the traffic signal shall be installed and operational prior to the issuance of the final occupancy. 124. The subdivider shall participate in "fair share" payment of offsite improvements as described in Table 10 of the Traffic Analysis dated August 18, 2009 to the satisfaction of the City Engineer, if the offsite improvements are not subject to TUMF or established City of Lake Elsinore fees. 125. The subdivider 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. 126. The subdivider shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures on local streets. 127. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Request for Page 21 of 26 PC March 16, 2010 Item No. 4 Page 56 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 LfCnVnl ACS MAKI^l Qn Gnlcln nl A \I A 004, 005, 006. reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 128. This project shall provide trail and roadway connections to adjacent developments unless otherwise deemed unfeasible as concurred by the city. The trail cross section shall be per County standards unless otherwise approved by the City Engineer. 129. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115 /Main Street Interchange Upgrade, additional right way could be required along Camino Del Norte. 130. The subdivider shall submit a WQMP of the project for City's review and approval. 131. The Parcel Map (TPM 35336) shall be recorded. 132. The Tract Map shall include the phasing boundaries consistent with the parcels of the Parcel Map. The phasing boundaries or parcels shall be processed as separate tract maps. Prior to Issuance of a Grading Permit 133. The subdivider shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 134. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 135. The subdivider shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 136. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 137. The subdivider shall obtain all necessary off -site easements and /or permits for off- site grading, improvements, and /or drainage acceptance from the adjacent property Page 22 of 26 PC March 16, 2010 Item No. 4 Page 57 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 "SPYGLASS RANCH SPECIFIC PLAN " APN NOS. 377 - 250 -011 377 - 350 -004 007 008 010 014 015 016 017 & 377 -260- 004, 005, 006. owners prior to grading permit issuance. 138. The subdivider shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and /or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 139. All grading shall be done under the supervision of a geotechnical engineer and he /she 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. 140. The subdivider shall provide erosion control measures as part of their grading plan. The applicant shall ensure protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 141. The subdivider shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 142. The subdivider shall provide an approved haul route. In addition, a focused Traffic Mitigation /Management Plan related to construction activities shall be provided. Prior to Issuance of Building Permit 143. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 144. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the Traffic Impact Analysis dated August 18, 2009, as specified in Section VIII.B (1) and (2) and figure 84 in this study. 145. The subdivider shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying Page 23 of 26 PC March 16, 2010 Item No. 4 Page 58 of 84 for a building permit. 146. The subdivider shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 147. The subdivider shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and /or off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 148. 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 off -site improvements will be scheduled and approved. 149. The traffic signals referenced in Condition of Approval No. 119a. shall be installed per the Traffic Analysis (revised) dated August 18, 2009 to the satisfaction of the City Engineer. 150. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 151. 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. 152. The fair share cost of future improvements as a condition of this development shall be paid. 153. All water and sewer improvements shall be completed in accordance with Water District requirements. 154. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 155. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 156. As -built plans shall be completed and signed by the City Engineer. 157. All improvement plans shall be digitized. The applicant shall submit tapes and /or Page 24 of 26 PC March 16, 2010 Item No. 4 Page 59 of 84 discs which are compatible with City's ARC Info /GIS or developer to pay $1,000 per sheet for City digitizing the plans. DEPARTMENT OF ADMINISTRATIVE SERVICES 158. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special or Conditional Use Permit or Building Permit (as applicable), the applicant shall participate in the Public Safety and Maintenance Services Mello -Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred ($4,200) non - refundable deposit to cover the cost of the legal process to participate in the CFD. PARKS & RECREATION DEPARTMENT 159. The Home Owners Association (HOA) or another maintenance entity approved by the City Council shall maintain all trails. 160. The 6.5 acre public park (Lot 468) shall be conveyed to the City and shall be included in the Community Facility District for maintenance and renovation cost. 161. The developer, the developer's successor or assignee, shall submit a Design Review Application to the Planning Division for review and approval in association with the proposed 6.5 acre public park (Lot 468). The actual design of the park shall be in substantial conformance with the conceptual designs and guidelines identified in the Spyglass Ranch Specific Plan document. 162. The design of the public park (Lot 468) shall provide for pedestrian circulation and access for the disabled throughout the park. 163. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the public park site (Lot 468) and slope /landscaping areas until such time as those responsibilities are accepted by the City of Lake Elsinore. 164. The 6.5 acre public park site (Lot 468) shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall be provided with the conveyance of the property. 165. All private parks / tot lots, common areas, and open space areas will be maintained by the HOA or other maintenance entity approved by the City. Page 25 of 26 PC March 16, 2010 Item No. 4 Page 60 of 84 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 35337 i(¢DVr_i A¢c DAKIru QDCf Wlfr Di Asi » 004. 005. 006. 166. No park credits will be given for private facilities or private park areas 167. Applicant shall dedicate 6.5 net acres for a public park and pay for park improvements. 168. Park shall be turn -key and constructed upon the issuance of the 100th notice of occupancy. 169. HOA, or other maintenance entity approved by the City, to maintain all natural and manufactured slopes. Page 26 of 26 PC March 16, 2010 Item No. 4 Page 61 of 84 MAY -13 -2009 WED 08:25 AM FAX N0. P, 02 I� RIVERSIDE COUNTY FIRE DEPARTMENT ` ? , MAY 1 32009 In Cooperation with the alifornin Departinent of Forestry and Fire Protection r 23001VXarke Ste 150, • Riverside, CA 92501 • (951) 955.4777 • Fax (951) 955 -4886 CONDITIONS OF APPROVAL lohnR.Nawkina Fire Chief PERMIT NUMBER: LE- TR35337- AMENDMENT #3 Proudly serving the unincorporated SPYGLASS RANCH PM 35336 AND TR 35337 areas ofRiverstde County and the cities o+ APPLICANT: Matt Harris, Senior Planner, Planning Division -City of Lake Elsinore Banning WEST FIRE PROTECTION PLANNING OFFICE RESPONSIBILITY Beaumont d the responsibility The county issued planning case number conditions uo forward all Calimosa all erestted parties. Canyon Lake correspondence. Coachella Questions should be directed to the Riverside County Fire Department, Fire Protection St. Suite 150, Riverside, Ca 92501. Phone: (951) 955 - 4• Planning Division at 2300 Market Desert Hot Springs 4777, Fax: (951) 955 -4886. Indian Wells .y 30. GENERAL CONDITIONS Indio 10.FIRE.999 CASE —CITY CASE STATEMENT IN EFFECT Lake Elsinore La QuinCa With respect to the conditions of approval for the referenced project, the Fire into enovanay Department recommends the following fire protection measures be provided In +y accordance with Riverside County Ordinances and /or recognized fire protection Palm Desarl', r standards: Pettis 10.FIRE.999 MAP #50 -13LUE DOT REFLECTORS IN EFFECT Rancho Mirage 4• Rubidoax CSD � Blue retro reflective pavement markers shall be mounted on private streets, San.lacinto public streets and driveways to indicate location of fire hydrants. Prior to Installation, placement of markers must be approved by the Riverside County Fire Tarrecula Department. Board ofSupervisors 10.FTRE.999 MAP - #16- HYDRANT /SPACING IN EFFECT Bob Bustcr, District 1 Schedule A fire protection approved standard fire hydrants, (6 "x 4 "x 2 Ys ") locate one at Jahn Tava each street intersection and space no more than 330 feet apart in any direction, with no Dtricl2 in, iatri portion of any lot frontage more than 165 Jeff Srone, Nutria 3 .Ray wilson, District 4 Marion Miley. District 5 77.933 Las Montatias, Palm Desert, CA 92211 • (760) 863.8886 • Fax (760) 863 -7072 c, \Dncuments and Seuinsotiwar4wy Documentslcandition5lCon4ifinn42 \TR35337 5 12- 09.doc Page 1 of 4 PC March 16, 2010 Item No. 4 Page 62 of 84 MAY -13 -2009 WED 08 34 AM FAX N0. P. 03/05 feet from hydrant. Minimum fire flow shall be ).000 GPM for 2 hour duration at 20 PST. Shall include perimeter streets at each intersection and spaced 660 feet apart. 50. PRIOR TO MAP RECORDATION 50.FIRE,999 MAP - #64- ESC - DRIVEWAY ACCESS IN EFFECT Fsc map must be stamped by the Riverside County surveyor with the following Note; Driveways exceeding 150' in length, but less than 800' in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds Boo', turnouts shall be provided no more than 400' spark. Turnouts roved be turnaround nd shall be provided at all building sites with n driveways over 00" in each end. A app length, and shall be within50" of the building, 50,FIRE.999 MAP - #73- ESC - DRIVEWAYS REQUIRE IN EFFECT Fsc map must be stamped by the Riverside County Surveyor with the following Note: Access will not have an up, or downgrade of more than 15 %, (access will not be 16' in width per the 997 UFC, Article 9, Section 902,2,2.1) and will have vertical clearance of 15'. Access will be designed to withstand the weight of 60 thousand pounds over 2 axles. Access will have a turning radius of 5' capable of accommodating Ore apparatus. 50.FIRE.999 MAP- #67 -ESC -GATE ENTRANCE IN EFFECT Fsc map must be stamped by the Riverside County Surveyor with the following Note; Gate entrance shall be at least two feet wider than the width of the traffic lanes serving that gate. Any gate providing access from a road to a driveway shall be located at least 35 feet setback from the roadway road shall a vehicle a without obstructing a one-way wth single Traffic Ian r provides access to agate ntrance, 40' to ning radius shall be used. 50,FIRE.999 MAP 488 -ESC- AUTO /MAN GATES IN EFFECT Fsc map must be stamped by the Riverside county Surveyor with the following Note: Gate (s) shall be automatic or manual minimum 20 feet in width. Gate access shall be made equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation automatic /manual gate pins shall be rated with a shear pin force, not to exceed 30' pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. 50. PRIOR TO MAP RECORDATION 50-FIRE-999 MAP -#004- ESC -FUEI- MODIFICATION IN EFFECT 77 -933 Las Montanan, Palm Desert, CA 92211 • (760) 863 -8886 • Fax (760) 863 -7072 c; \pncumcnts and SeOings�award\My Documents \Canditiops \Con4itiany2 \TR35337 5.12.09.000 Page 2 of d PC March 16, 2010 Item No. 4 Page 63 of 84 MAY -13 -2009 WED 08:34 AM FAX N0. P. 04/05 Esc issuance must be grading permit, the developer shall prepare and submit tothefi following dNotem. Prior to epartment for approval a fire protection /vegetation management that should include but not limited to the following Items: a) Fuel modification to reduce fire loading. b) Appropriate fire breaks according to fuel load, slope and terrain c) Non flammable walls along common boundaries between rear yards and open space areas shall be provided at intervals not to exceed 1500'. e) A homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within the open space areas. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENTS, SHALL HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND /OR OTHER CONSERVATION AGENCY, 50.FIRE.999 MAPS- #46 -WATER PLANS IN EFFECT 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. 50.FIRE.999 MAP - #53- ESC -WTR PRIOR /COMEUS IN EFFECT Esc 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. 60, PRIOR TO GRADING PERMIT ISSUANCE 60-FIRE-999 MAP - #004 FUEL MODIFICATION IN EFFECT Prior to the issuance of a grading permit, the developer shall prepare and submit to the fire department for approval of a fire protection /vegetation management that should include but no limited to the following items: a) Fuel Modification to reduce fire loading b) Appropriate fire breaks according to fuel load, slope, and terrain c) Non flammable walls along the common boundaries between rear yards and open spaces. d) emergency vehicle access into open space areas shall be provided at intervals not to exceed 1500 feet e) a homeowner's association or appropriate district shall be responsible for maintenance of all fire protection measures within open space areas. 77 -933 Las Montanas, Palm Desert, CA 92211 • (760) 863 -8886 • FAx (760) 863.7072 c: \DomiTi nts and Ugins5\aw4rd\MY Pocurnepte \CandiliPPSlCgnditjons2 \TR35337 5- IM9.dnc Page 3 of 4 PC March 16, 2010 Item No. 4 Page 64 of 84 MAY -13 -2009 WED 08;36 AM FAX N0. P 05/05 ANY HABITAT REQUIREMENT, SHALL HAVE CONCURRENCE WITH THE RESPONS sR E WILDLIFE ND /OR OTHER CONSERVATION AGENCY. 80. PRIOR TO BUILDING PERMIT ISSUANCE 80-FIRE-999 MAP - #50 -TRACT WATER VERIFICATION IN EFFECT The required water system, including all fire hydrant (s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot. Contact the Riverside County Fire Department to inspect the required fire flow, street signs, all weather surface, and all access and /or secondary access, Approved water plans must be at the job site, 77 -933 Las Montanas, Palm Desert, CA 92211 * (760) $63 -8886 • Fax (760) 863 -7072 Ct\Docnments and settinf kwgrclft Dncuinents \conditions \Contlitions2 \TR35337 5- 12- 09.dac Page 4 of 4 PC March 16, 2010 Item No. 4 Page 65 of 84 CITY OF Notice of Determination LADE C2 LSII`�OK -�L *4 DREAM EXTREME", Filed With: Office of Planning and Research x County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Tentative Parcel Map No. 35336 & Tentative Tract Map No. 35337 for the "Spyglass Ranch Specific Plan" State Clearinghouse Number (if submitted to State Clearinghouse): 2006121069 Lead Agency Contact: Matthew C. Harris, Senior Planner Telephone No: (951) 674 -3124 x 279 Project Location (include County): County of Riverside, City of Lake Elsinore. East side of Camino Del Norte at its intersection with Maui Street, and known as Assessor's Parcel Numbers 377- 250 -011, 377 - 350 -004, 007, 008, 010, 014, 015, 016, 017 & 377 - 260 -004, 005, 006. Project Description: To subdivide the two- hundred fifty -seven (257) acre Spyglass Ranch Specific Plan boundary. The Tentative Parcel Map will create six parcels allowing for future separate ownership and development. The Tentative Tract Map will subdivide the property into four - hundred and fifty-one (45 1) single - family residential lots, two (2) estate residential lots, two (2) courtyard home lots, one (1) multi - family residential or commercial lot, one (1) park lot and twenty-two (22) open space lots in conformance with the previously approved Spyglass Ranch Specific Plan. This is to advise that the City of Lake Elsinore City Council (Lead Agency) has approved the above project and has made the following determinations regarding the above described project: Tentative Parcel Map No. 35336 and Tentative Tract Map No. 35337 do not propose substantial changes to the previously approved Spyglass Ranch Specific Plan (SP 2008 -08). The subdivisions were contemplated by the Specific Plan. No new significant environmental effects or an increase in the severity of previously identified significant effects are anticipated. No substantial changes have occurred with respect to the circumstances under which the project is undertaken that would require major revisions to the Final Environmental Impact Report (FEIR, State Clearinghouse No. 2006121069) for the Specific Plan. No new information of substantial importance has come forward with respect to significant effects or alternative mitigation measures that have not been addressed in the design of this project. The applicant shall comply with mitigation measures established for the Spyglass Ranch Specific Plan. The Planning Commission and City Council have both determined that the proposed Tentative Parcel Map and Tentative Tract Map are consistent with and implement the Final Environmental Impact Report for the Spyglass Ranch Specific Plan. Therefore, in accordance with the California Environmental Quality Act and pursuant to Section 15162 - Subsequent EIRs and Negative Declarations, of said Act, the City Council has determined that no further environmental documentation for Tentative Parcel Map No. 35336 and Tentative Tract Map No. 35337 is necessary. Signed: Tom Weiner Title: Director of Community Development PC March 16, 2010 Item No. 4 Page 66 of 84 Z Lw M Z Q U Z Q z Q 8 �e�g? 3� IA�se �eeeeeeee i g� 5 e� tl 4 PC March 16, 2010 Item No. 4 Page 70 of 84 3 z0 b b tlb Mill IA�se �eeeeeeee i g� 5 e� tl 4 PC March 16, 2010 Item No. 4 Page 70 of 84 q@ e9be a #'eWZk7mm e , \) \. \`\ In !`| | nly 4 � � � } 179 bo ZL a6e q'oN w91l 60Z'9L 4aeW Od I r zji a i ,sap 117�hh� 7 '1 f �z� m � t X O We Z �m a G m >o RIM A� — i II��4N}J'I 16� O € IL r i V M Z M Q Q V� Q j �Q Q~ V �kk a ON �y 3 �wjjyg ®3 PC March 16, 2010 Item No. 4 Page 73 of 84 2010 Item No. 4 Page 74 of 84 PECHANGA INDIAN RESERVATION General Counsel Temecula Band of Luisefto Mission Indians John L. Macarro OFFICE OF THE GENERAL COUNSEL Deputy General Counsel Post Office Box 1477 • Temecula, CA 92593 James E. Cohen Telephone (951) 676 -2768 Ext. 2138 Fax (951) 587 -8162 Laura Y. Miranda September 15, 2008 FR-ECLfIMED VIA EMAIL AND U.S. MAIL Matt Harris SEP 17,2008 City of Lake Elsinore CITY OF LAKE ELSINORE 130 South Main Street Lake Elsinore, CA 92530 P6ANNING DIVISION Re: Pechanga Tribe's comments on Tentative Parcel Map 35336 and Tentative Parcel Map 35337 within the Spyglass Ranch Specific Plan Dear Mr. Harris: The Pechanga Band of Luiseno Indians of the Pechanga Indian Reservation, a federally recognized Indian Tribe (hereinafter "Pechanga Tribe "), submits the following comments on Tentative Parcel Maps 35336 and 35337, which fall under the Spyglass Ranch Specific Plan. We request that these comments, as well as subsequent comments submitted by the Pechanga Tribe, be included in the record for approval of the Project. The Pechanga Tribe formally requests, pursuant to Public Resources Code §21092.2, to continue to be notified and involved in the entire environmental review process under CEQA for the duration of this Project. This includes adding the Tribe to your distribution list(s) for public notices and public circulation of all documents pertaining to this Project. The Tribe further requests to be directly notified of all public hearings and scheduled approvals concerning this Project. PECHANGA TRIBAL INVOLVEMENT The Pechanga Tribe has been involved with this Project since its early inception in 2003 and has continued to be involved through the various changes to the Project and Specific Plan. During the Specific Plan approval process, the Tribe worked closely with the City to develop appropriate mitigation measures and conditions of approval to appropriately protect the cultural resources found within the Project Area. Further, the Tribe specifically worked with the applicant during the Specific Plan approval process to develop appropriate mitigation for the Project. THE LEAD AGENCY MUST INCLUDE INVOLVEMENT OF AND CONSULTATION WITH THE TRIBE IN ITS REVIEW PROCESS It has been the intent of the Federal Government' and the State of Califomia2 that Indian tribes be consulted with regard to issues which impact cultural and spiritual resources, as well as other 'See Executive Memorandum of April 29, 1994 on Government -to- Government Relations with Native American Tribal Governments and Executive Order of November 6, 2000 on Consultation and Coordination with Indian Tribal Governments. ' See California Public Resource Code §5097.9 et seq and Cal. Govt. Code §§ 65351, 65352, 65352.3 and 65352.4. PC March 16, 2010 Item No. 4 Page 75 of 84 Matt Harris City of Lake Elsinore Re: Pechanga's Comments on TPM 35336 and TPM 35337 within the Spyglass Ranch Specific Plan September 15, 2008 Page 2 of 6 governmental concerns. The responsibility to consult with Indian tribes stems from the unique government -to- government relationship between the United States and Indian tribes. This arises when tribal interests are affected by the actions of governmental agencies and departments such as approval of Specific Plans and EIRs. In this case, it is undisputed that the project lies within Pechanga Tribe's traditional territory. Therefore, in order to comply with CEQA and other applicable Federal and California law, it is imperative that the Lead Agency and Project applicant consult with the Tribe in order to guarantee an adequate basis of knowledge for an appropriate evaluation of the project effects, as well as generating adequate mitigation measures and conditions of approval. PECHANGA CULTURAL AFFILIATION TO PROJECT AREA As has been previously set forth in the Tribe's earlier comment letters, the Pechanga Tribe asserts that the Project area is part of the Pechanga Tribe's aboriginal teffitory, as evidenced by the existence of Luiseno place names, rock art, pictographs, petroglyphs, and an extensive Luiseno artifact record in the vicinity of the Project. The Pechanga Tribe knows this Project area as the "Paayaxchi" area. Both the DEIR and the 2006 Phase I Archaeological Assessment of Spyglass Ranch Project by Brian F. Smith & Associates acknowledge that the Project site falls within the "traditional boundaries of the Luiseno Indians." (DEIR, p. 4.4 -1) The Tribe further asserts that this culturally sensitive area is affiliated specifically with the Pechanga Band of Luiseno Indians because of the Tribe's specific cultural ties to this area. Pechanga considers any resources located on this Project property to be Pechanga cultural resources. The Pechanga Tribe's knowledge of our ancestral boundaries is based on reliable information passed down to us from our elders; published academic works in the areas of anthropology, history, and ethno - history; and through recorded ethnographic and linguistic accounts. Of the many anthropologists and historians who have presented boundaries of Luiseno traditional territory, none have excluded the Lake Elsinore area from their descriptions (Sparkman 1908; Kroeber 1925; White 1963; Harvey 1974; Oxendine 1983; Smith and Freers 1994), and such territory descriptions correspond almost identically with what was communicated to the Pechanga people by our elders. While historic accounts, anthropological and linguistic theories are important in determining traditional Luiseno territory; the Pechanga Tribe asserts that the most critical sources of information used to define its traditional territories are our songs, creation accounts, and oral traditions. There is a connection between Temecula and the Lake Elsinore area that stems from the beginning of time for Pechanga people. Luiseno history originates with the creation of all things at 'exva Temeeku, known today at the City of Temecula, and dispersing out to all corners of creation (what is today known as Luiseno territory). In fact, in many of the creation songs, Temecula and Elsinore are mentioned interchangeably, intimating a relationship between Temecula and Elsinore, including the entire area in between. It was at Temecula that the Luiseno god Wuyoot lived and taught the people, and here that he became sick, finally expiring at Lake Elsinore. Many of the Pechanga people's songs relate the tale of the people taking the dying Wuy6ot to the many hot springs throughout Southern Califomia, until they came at last to 'itengm Wum6wmu, the hot springs at Elsinore, where he died and was cremated (DuBois 1908). It is the Luisefio creation account that connects Elsinore to Temecula, and thus to the Temecula people who were evicted and moved to Pechanga, and now known as the Pechanga Band of Luiseno Mission Indians of the Pechanga Reservation (the Pechanga Tribe). The area known as Lake Elsinore is also the location for noteworthy events in Luiseno culture which are related specifically to the people of Temecula or the Pechanga people. It is the place where two PECHANGA INDIAN RESERVATION Temecula Band oJLuiseno Mission Indians PC March 16, 2010 Item No. 4 Page 76 of 84 Matt Harris City of Lake Elsinore Re: Pechanga's Comments on TPM 35336 and TPM 35337 within the Spyglass Ranch Specific Plan September 15, 2008 Page 3 of 6 of the Kdamalam (first people), Qdwgaw and Chixeemal, had their first menses, which is the subject of one of the girls' coming -of -age songs (DuBois 1908). Another song recounts the travels of the people to Elsinore after a great flood (DuBois 1908). From here, they again spread out to the north, south, east, and west. These songs, called Monfivol, are songs of the places and landmarks that were destinations of the Luiseno ancestors. They describe the exact route of the Temecula (Pechanga) people and the landmarks made by each to claim title to places in their migrations (DuBois 1908:110). Another account involves a Temecula village leader killing of the evil Tdakwish (the Luiseno evil spirit) at Elsinore, followed by his cremation in Temescal Canyon (Kroeber 1906). In addition, Pechanga elders state that the Temecula/Pechanga people had usage /gathering rights, what anthropologists include in their definition of a "village territory," to an area extending from Rawson Canyon on the east, over to Lake Mathews on the northwest, down Temescal Canyon, and back to the Temecula area, which includes Lake Elsinore in its boundaries. Thus, the Tribe's songs and stories, as well as academic works, demonstrate that the Luiseno people who occupied what is known today as Temecula, Lake Elsinore and the area in between (Pdayaxchi, Nive'wuna, Pcia'a, Pda$ukwa, Pii'iv, Pivmay, We'eeva, Wiina, and Temeeku) are the ancestors of the present -day Pechanga Band of Luiseno Indians, and as such, Pechanga is the appropriate culturally affiliated tribe for projects that impact this geographic area. Finally, the Pechanga Tribe also has a long modern day history of involvement with Projects in the area known as Lake Elsinore. Not only has the Pechanga Tribe been involved, but has been given the designation of the consulting tribe or affiliated tribe on the following projects located in the Lake Elsinore vicinity: Cottonwood Hills, Liberty Serenity, North Peak, Temescal Canyon, Lakeview Villas, County Sheriffs Station, Meadowbrook, Oak Springs, Canyon Hills, and Glen Ivy. Moreover, the Pechanga Tribe is the only tribe that is known to have assumed the role of MLD in the Lake Elsinore area. NAHC records confirm that no other tribe has been named MLD in the Lake Elsinore area. PROJECT IMPACTS TO CULTURAL RESOURCES The Pechanga Tribe is not opposed to this development project. The Pechanga Tribe's primary concerns stem from the project's likely impacts on Native American cultural resources. The Pechanga Tribe is concerned about both the protection of unique and irreplaceable cultural resources, such as Luiseno sites and archaeological items which would be displaced by ground - disturbing work on the project, and on the proper and lawful treatment of cultural items, Native American human remains and sacred items likely to be discovered in the course of the work. There is no question that this Project will have impacts on cultural resources as there are two known sites within the Project area. In addition, there are at least three other known sites within a mile of the Project site. Furthermore, the topography of the area, in addition to the natural plant and animal resources in the area, indicate that occupation of this area by Indian people occurred. Given all of this information, the Pechanga Tribe believes that there is a high likelihood that more cultural resources will be discovered during the development of the Project. The City agreed with this assessment as well and adopted appropriate mitigation measures and conditions of approval to address this fact. The Final EIR for the Spyglass Ranch Specific Plan included specific mitigation measures in the MMRP and these same mitigation measures were added as Project conditions of approval. Subsequent to the final approval, the Tribe became aware that the specific conditions of approval for cultural resources PECHANGA INDIAN RESERVATION Temecula sand of Luiseno Mission Indians PC March 16, 2010 Item No. 4 Page 77 of 84 Matt Harris City of Lake Elsinore Re: Pechanga's Comments on TPM 35336 and TPM 35337 within the Spyglass Ranch Specific Plan September 15, 2008 Page 4 of 6 and biological resources were inadvertently dropped, although they remained as mitigation measures and remained in the MMRP. It is important that appropriate measures are applied to the Project through both the CEQA and City planning processes in the form of mitigation measures and conditions of approval, so that all parties have appropriate notice of the required provisions. Pursuant to California law, the mitigation measures and MMRP for the Spyglass Ranch Specific Plan apply to any and all subsequent projects within the Specific Plan area, including these Tentative Parcel Maps. It is the Pechanga Tribe's understanding that the mitigation measures for the Spyglass Ranch Specific Plan for cultural resources will apply to TPMs 35336 and 35337. In addition, the Tribe is requesting that the below listed measures be specifically included as conditions of approval for TPM 35336 and TPM 35337 as well for the reasons stated above. MITIGATION MEASURES AND CONDITIONS OF APPROVAL It is the Tribe's understanding that the following mitigation measures are applicable to the Tentative Parcel Maps. As such, the Tribe is requesting that they be specifically included as mitigation measures and conditions of approval for this Project: MM 4.4 -1: Prior to issuance of grading permit(s) for the project, the project applicant shall retain an archaeological monitor to monitor all ground- disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. MM 4.4-2: At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate Tribe' to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. MM 4.4 -3: Prior to issuance of any grading permit, the project archaeologist shall file a pre - grading report with the City and County (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM 4.4 -2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. 3 It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe due to its prior and extensive coordination with the City and project applicant in determining potentially significant impacts and appropriate mitigation measures and due to its demonstrated cultural affiliation with the Project area. PECHANGA INDIAN RESERVATION Temecula Band of Luiseno Mission Indians PC March 16, 2010 Item NO. 4 Page 78 of 84 Matt Harris City of Lake Elsinore Re: Pechanga's Comments on TPM 35336 and TPM 35337 within the Spyglass Ranch Specific Plan September 15, 2008 Page 5 of 6 MM 4.4 -4: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant " The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. MM 4.4 -5: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the Tribe for proper treatment and disposition. MM 4.4 -6: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM 4.4 -7: If inadvertent discoveries of subsurface archaeological resources are discovered during grading, the Developer, the project archaeologist, and the Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Developer and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Community Development Director (CDD) for decision. The CDD shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. Notwithstanding any other rights available under the law, the decision of the CDD shall be appealable to the City of Lake Elsinore. MM 4.4 -8 Prior to any grading at or near the vicinity of (P -33 -3278 also known as SRS - 781 -2), the Developer shall meet and confer with the appropriate Tribe to develop an appropriate controlled grading plan. The purpose of the controlled grading at and around the site is to afford the opportunity to determine whether any subsurface resources are associated with the site and if so, the significance of any such resources. All such controlled grading shall be monitored according to the provisions of the Agreement required in MM 4.4 -2. Further, if subsurface resources are discovered at the site, the provisions of MM 4.4 -7 shall apply. MM 4.4 -9 Any easements for grading provided to off -site developers shall be subject to the provisions of MM 4.4 -2 through 4.4 -8. a After approval of the South Shore I (also known as Lake Elsinore 1) project located directly north of the proposed project, it was determined that the South Shore I grading plan may encroach on to the Spyglass Ranch project site. This portion of the Spyglass Ranch project site includes cultural resource (P -33 -3278 also known as SRS - 781 -2), which is subject to controlled grading as outlined in MM 4.4 -8. PECHANGA INDIAN RESERVATION Temecula Band of Lutseno Mission Indians PC March 16, 2010 Item No. 4 Page 79 of 84 Matt Harris City of Lake Elsinore Re: Pechanga's Comments on TPM 35336 and TPM 35337 within the Spyglass Ranch Specific Plan September 15, 2008 Page 6 of 6 The Pechanga Tribe looks forward to working together with the City of Lake Elsinore, the Project Applicant and other interested agencies in protecting the invaluable Luiseno cultural resources found in the Project area. If you have any questions, please do not hesitate to contact me at (951) 676 -2768, Ext. 2137. Sincerely, Laura Miranda Deputy General Counsel Cc: Pechanga Cultural Resources Department Brenda Tomaras, Tomaras & Ogas, LLP PECHANGA INDIAN RESERVATION Temecula Band ojLuiseno mission Indians PC March 16, 2010 Item No. 4 Page 80 of 84 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 6 of 14 F1PUBLIC HEARING(S) None. APPEALS) (9) July 14"', 2009 Deny the appeal and uphold the decision to place the property into Structure Abatement. Mayor Magee opened the Appeal Hearing at 7:18 p.m. City Manager Brady introduced Building and Code Enforcement Manager Chipman regarding this matter. Manager Chipman gave an overview of the history of the structure and the proposed abatement due to the structural integrity. He requested if the iCouncil upholds the appeal, the structure be required to be rehabilitated. Joyce Hohanadl representing the Lake Elsinore Historical Society and the Riverside County Historical Commission for District No. 1, stated she has seen the inside and outside of the property. She noted this is a well built house with 16" walls keeping the inside 15 degrees cooler. She noted there is a double -brick fireplace in the living room, and the approximate footage of the home is 4,000 square feet. She stated this is a historical site; the house is an 80 year old, Adobe structure. Ms. Hohenadl noted buildings of this age did not require steel reinforcement, and plaques were generally placed outside the buildings noting this. She noted Mr. Lunde is in agreement to maintain the house and rehabilitate it with the future development, placing a park around the house. She requested Council to keep the structure. Ruth Atkins, President of the Lake Elsinore Historical Society spoke stating her position is the house should be rehabilated. Ms. Atkins believes the house was built in 1925 and stated it qualifies as a Historical property. She noted it was the owner's responsibility to register the property with Riverside County. This qualification is based upon Mr. Lunde's efforts to maintain the property, the age of the house F1(80 years) and the Spanish architecture. F1 PC March 16, 2010 Item No. 4 Page 81 of 84 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 7 of 14 F1Mayor Magee noted now was the time for public testimony and stated the owner and appellant of the property, Mr. Eric Lunde was present to respond to any questions if need be. Mayor Magee asked if there was anyone who wished to speak in favor of this appeal. No one responded. Mayor Magee asked if there was anyone who wished to speak in opposition of this appeal. No one responded. Mayor Magee closed the Appeal Hearing at 7:24 p.m. and brought the discussion to the Council. Councilmember Buckley, confirmed this property was to be part of the future of Spyglass Ranch development, perhaps the center of a park. He stated the property should be saved, in addition to the location; it ties the past into the future. He stated not everything old is historic; however a timeline should be given for the rehabilitation rather than to have the house sit as is for a length of time. Councilmember Hickman stated the house should be left alone, noting it is I structurally sound, and noted there are other properties that should be torn R down first. Mayor Pro Tem Melendez stated she had questions for both Mr. Lunde and Mr. Chipman. Questions for Mr. Chipman: Mayor Pro Tem Melendez stated the staff report noted there had been problems over several months yet a file was not opened on the property. She requested an example of the type of nuisance experienced and asked how many times a month the structure needed staffs attention. Mayor Pro Tem Melendez asked if there were written guidelines for the abatement process, and confirmed when graffiti was apparent, the owner was called to remove it. Manager Chipman responded stating a file was opened in 2006 when the tenant did illegal renovation. Since that time, the house has been vandalized, a squatter was living there, and graffiti was prevalent until the K -rails were put up. City staff monitored the house quarterly, and Manager Chipman confirmed Code Enforcement would contact the owner to clean up the graffiti. He noted the structure had not been rehabilitated since the interior walls were removed and it was time to put the house through the process. Structure abatement forces the property to be brought up to standard or tom down, either way a decision is made. Page 82 of 84 Lake Elsinore City Council Meeting Regular Meeting Minutes of August 11, 2009 Page 8 of 14 Questions for Mr. Lunde: Mayor Pro Tern Melendez confirmed the house had been lived in for many years and had only been vacant since 2006. She received confirmation the structure would be developed as part of the Spyglass Ranch development and rehabilitated from the current sub - standard form. She noted a structural evaluation had not been conducted and requested assurance it would be done before the building was used. Mr. Lunde confirmed all these questions. Councilmember Bhutta stated she did not have a problem if the structure was kept due to the historical value, and requested assurance it would be well maintained. Mayor Magee requested Mr. Lunde to provide Manager Chipman with his current phone number and email address and requested a commitment to the Council he would respond within 72 hours or sooner to any problems that arose. Mayor Magee stated the structure must be brought up to Code and was glad it would be part of the Master Plan for the Spyglass Ranch development. He requested a plaque be placed on the property noting both the oral and written history of the property and structure to preserve the history over time. He recommended Mr. Lunde follow up with the Riverside County Historical Commission to apply for landmark status. MOTION was made by Mayor Magee second by Councllmember Hickman and unanimously carried to approve the appeal, to encourage the applicant to rehabilitate and Incorporate the property up to Code, respond to problems within 72 hours and note the historical heritage. Councilmember Buckley noted the 72 hours response time should be adhered to strictly; having the City respond if need be and charge for their services. He noted Code Enforcement was looking out for the City. Mayor Pro Tem stated Code Enforcement was treating this as a safety issue, and recommended a property manager be assigned to monitor the property. AYES: Bhutto, Buckley, Hickman, Magee, Melendez. NOES: None. BUSINESS ITEM(S) ITEM CONTINUED TO A DATE UNCERTAIN PER THE REQUEST OF THE APPLICANT; PARDEE HOMES Page 83 of 84 CITY OF LADE �LSMOKE DREAM EXTREME. ACKNOWLEDGMENT OF "DRAFT" CONDITIONS OF APPROVAL Subject: TENTATIVE PARCEL MAP NO 35336 & TENTATIVE TRACT MAP NO. 35337 FOR SPYGLASS RANCH SPECIFIC PLAN LOCATED ON THE EAST SIDE OF CAMINO DEL NORTE AT ITS INTERSECTION WITH MAIN STREET I hereby state that I have read and acknowledge the Draft Conditions of Approval and do hereby agree to accept and abide by all final Conditions that will be approved by the Planning Commission /City Council. I also understand that all Conditions shall be met prior to issuance of permits or prior to the first Certificate of Occupancy, or as otherwise indicated in the Conditions. *The decision of the Planning Commission of the City of Lake Elsinore shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council of the City of Lake Elsinore pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code (LEMC). Date: Applicant's Signature: Print Name: Address: Phone Number: PC March 16, 2010 Item No. 4 Page 84 of 84