HomeMy WebLinkAboutItem No. 5CI TY OF
LADE LSMOKE
—� DREAM EX TREME
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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: RESIDENTIAL DESIGN REVIEW NO. 2009 -05 PROPOSED FOR 65
LOTS IN ROSETTA HILLS, TRACT 31792, BY D R HORTON
APPLICANT: D R HORTON, 2280 WARDLOW CIRCLE, SUITE #100, CORONA, CA
92880, ATTN: DAN BOYD, VICE - PRESIDENT
OWNER: THE SHOPOFF GROUP, 8951 RESEARCH DRIVE, IRVINE, CA
92618, ATTN: BRIAN RUPP
Project Request
The applicant requests approval to construct single family homes on 65 residential lots
in the Rosetta Hills neighborhood, Tract 31792, including a 2 -unit model complex with
parking lot. The proposal will replace the previously approved "Jasmine" product by
Lennar Homes, who has pulled out of the neighborhood, after completing nearly 60% of
the tract.
Project Location
Rosetta Hills is located southeast of Highway 74, east of Interstate 15 and the
intersection of Conard Avenue and Third Street, and west of Rosetta Canyon Drive. The
65 lots are known as Assessor's Parcel Nos: 347,360 -010; 347 -511 -048 thru -057; 347-
531 -001; 347 - 532 -017; 347 - 533 -001, -002, -014 thru -016, -020, -021, -025, and -026;
347 - 534 -005; 347 - 540 -001, -002, -025 thru -037; 347 - 541 -001 thru -012, and -025; 347-
550 -001 thru -020 and -050.
PC February 16, 2010 Item No. 5
Page 1 of 56
RDR 2009 -05 D R Horton
March 16, 2010
Page 2 of 4
Environmental Setting
Background
On October 7, 2008, the City Council approved Residential Design Review 2008 -03,
allowing Lennar Homes to construct the "Jasmine" product on the subject property.
However, when Lennar chose to end development in the Rosetta Hills neighborhood,
D R Horton submitted their proposal. The "Jasmine" product ranged in size from 2,269
square feet to 2,590 square feet.
Project Description
Residential Design Review 2009 -05 presents four floorplans, ranging in size as follows:
• Plan 1: 2,257 square feet, 3 bedroom, 2.5 bath, with options, 2 -car garage, 2 -story
• Plan 2: 2,351 sq. ft, 3 bdrm, den, 2.5 bath, w /options, 3 -car (tandem) gar, 1 -story
• Plan 3: 2,472 sq. ft, 4 bdrm, den, 2.5 bath, w /options, 3 -car (tandem) gar, 2 -story
• Plan 4: 2,644 sq. ft, 3 bdrm, retreat, den, 2.5 bath, w /options, 3 -car gar, 2 -story
Three elevation styles are proposed: Spanish, Craftsman and Tuscan.
D R Horton proposes to construct a 2 -unit Model Complex with parking lot, at the
southwest corner of Bankhall and Diana Lane. During construction of the Plan 3 and 4
models, D R Horton intends to utilize a sales trailer in the parking lot, as an interim use.
Rosetta Hills Community Meetings
At the request of Staff, D R Horton hosted two community meetings on behalf of D R
Horton, with the existing residents in Rosetta Hills. The first meeting was held at the
offices of the HOA management firm, Keystone Pacific on December 21, 2009. Five
residents provided comments, requesting consistency with their homes and a good
blending of design, size and quality. Many residents did not favor the single story
PC February 16, 2010 Item No. 5
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EXISTING LAND USE
ZONING
GENERAL PLAN
Project
Partially vacant &
R -1 Single Family
Low Medium Density
Site
occupied single family
Residential
Residential (6
homes
dwellings per acre
North
Rosetta Canyon (by
Ramsgate Specific
Ramsgate Specific
Centex Homes )
Plan
Plan
South
Vacant
R -1 & RR — Rural
Very Low Density
Residential
Residential (2 acre
min) & Freeway
Business
East
Rosetta Canyon & Warren
Ramsgate SP & RR
Ramsgate SP, Low
Elementary School
Med. & Very Low
Density Residential
West
Vacant
County (Annexation
Sphere of Influence,
81 endin
Very Low Densitv R
Background
On October 7, 2008, the City Council approved Residential Design Review 2008 -03,
allowing Lennar Homes to construct the "Jasmine" product on the subject property.
However, when Lennar chose to end development in the Rosetta Hills neighborhood,
D R Horton submitted their proposal. The "Jasmine" product ranged in size from 2,269
square feet to 2,590 square feet.
Project Description
Residential Design Review 2009 -05 presents four floorplans, ranging in size as follows:
• Plan 1: 2,257 square feet, 3 bedroom, 2.5 bath, with options, 2 -car garage, 2 -story
• Plan 2: 2,351 sq. ft, 3 bdrm, den, 2.5 bath, w /options, 3 -car (tandem) gar, 1 -story
• Plan 3: 2,472 sq. ft, 4 bdrm, den, 2.5 bath, w /options, 3 -car (tandem) gar, 2 -story
• Plan 4: 2,644 sq. ft, 3 bdrm, retreat, den, 2.5 bath, w /options, 3 -car gar, 2 -story
Three elevation styles are proposed: Spanish, Craftsman and Tuscan.
D R Horton proposes to construct a 2 -unit Model Complex with parking lot, at the
southwest corner of Bankhall and Diana Lane. During construction of the Plan 3 and 4
models, D R Horton intends to utilize a sales trailer in the parking lot, as an interim use.
Rosetta Hills Community Meetings
At the request of Staff, D R Horton hosted two community meetings on behalf of D R
Horton, with the existing residents in Rosetta Hills. The first meeting was held at the
offices of the HOA management firm, Keystone Pacific on December 21, 2009. Five
residents provided comments, requesting consistency with their homes and a good
blending of design, size and quality. Many residents did not favor the single story
PC February 16, 2010 Item No. 5
Page 2 of 56
RDR 2009 -05 D R Horton
March 16, 2010
Page 3 of 4
product, however, Mr. Boyd, D R Horton Vice President, indicated that it was an
extremely popular product for all age groups, and presented a better street scene
because there was less massing.
The second community meeting was held on March 8, 2010, at 6:30 p.m. at the City's
Cultural Center. Eight residents were in attendance, and had the opportunity to review
the revised renderings. Mr. Boyd reported that, since the last Community Meeting, D R
Horton has purchased the property, has added another two -story product, and has
changed out the traditional architectural style with the richer Tuscan style. He indicated
that, with the addition of another two -story product, the number of two -story structures is
more heavily weighted throughout the distribution of their products. Mr. Boyd stated that
D R Horton has strategically sited the seven single -story floorplans (11% of the 65 total
lots) in order to breakup the massing on the streetscape. He also said that the additional
product enabled them to vary the rooflines.
Mr. Boyd concluded with the promise to comply with the City's construction hours, to
keep the streets clean, and to repair everything inadvertently damaged. He was hopeful
that everything would be in place to participate in the spring selling season, but that
build -out would be a minimum of eighteen months, probably more.
Discussion & Analysis
Staff worked with Mr. Boyd and his architect, Gary Cunningham of William Hezmalhalch
Architects, to achieve the consistency and blending of their elevations to the existing
homes. Our focus centered on the front entries, varied rooflines, use of stone and
decorative tile, substantially sized shutters and pillars, trims and wrought iron
enhancements to emphasize style, and ensuring four -sided articulation.
Staff also requested and received a revised Phasing Plan that decreased the amount of
construction traffic through occupied areas.
Lastly, the applicant's Landscape Architect indicated that all requested changes would
be made that address Staff concerns to the Construction Drawings during the
development of the site.
Environmental Determination
Residential Design Review 2009 -05 does not propose substantial changes to Tract Map
No. 31792 for which Mitigated Negative Declaration No. 2004 -06 was prepared. 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 Mitigated Negative Declaration. 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 is
conditioned to comply with mitigation measures adopted for Tract Map No. 31792.
PC February 16, 2010 Item No. 5
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RDR 2009 -05 D R Horton
March 16, 2010
Page 4 of 4
Staff recommends that the Planning Commission determine that Residential Design
Review 2009 -05 is consistent with and implements Mitigated Negative Declaration No.
2004 -06 for Tract Map No. 31792. Therefore, in accordance with the California
Environmental Quality Act (CEQA) and pursuant to Section 15162 — Subsequent EIRs
and Negative Declarations, of said Act, Staff recommends that the Planning
Commission determines that no further environmental documentation for Residential
Design Review 2009 -05 is necessary.
Recommendation
Staff recommends that the Planning Commission approve Residential Design Review
2009 -05.
Prepared by: Carole K., Donahoe, AICP ,Q/
Project Planner
Approved by: Tom Weiner
Director of Community Development
Attachments:
1. Exhibit 'A' — Vicinity Map
2. Resolution No. PC- 2010 -_ approving Residential Design Review 2009 -05
a. Conditions of Approval
b. Exhibit 'B' — Plot Plan
c. Exhibit 'C' — Phasing Plan
d. Exhibits 'D1' thru 'D4'— Model Complex Site & Conceptual Landscape
e. Exhibits 'E1' thru 'E24" — Floor Plans & Elevations
f. Exhibit 'F' — Color & Materials Boards (Presented at Hearing)
3. Draft Acknowledgement of Conditions
4. Draft Notice of Determination
PC February 16, 2010 Item No. 5
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VICINITY MAP
RESIDENTIAL DESIGN REVIEW 2009 -05
APN PAGES 347 -51, 52, 53, 54, & 55
03/16/2010
PC February 16, 2010 Item No. 5
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PLANNING COMMISSION
RESOLUTION NO. PC -2010-
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVING
RESIDENTIAL DESIGN REVIEW NO. 2009 -05 BY D R HORTON
AT ROSETTA HILLS, TRACT 31792
WHEREAS, an application has been filed with the City of Lake Elsinore by D R
Horton (the "Developer') requesting approval of Residential Design Review No. 2009-
05 (the "Design Review ") proposed for 65 lots in Tract Map No. 31792, known as
"Rosetta Hills;" and
WHEREAS, the project is located southeast of Highway 74, east of Interstate
15 and the intersection of Conard Avenue and Third Street, and known as residential
lots on Assessor's Parcel Pages 347 -36, -51, -53, -54, and -55 (the "Site "); and
WHEREAS, the Design Review includes design details for 65 lots including two
models within a model home complex on the Site; and
WHEREAS, the Planning Commission of the City of Lake Elsinore has been
delegated with the responsibility of making decisions pertaining to residential projects;
and
WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub.
Res. Code §§ 21000 et seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000
et seq.), public agencies are expressly encouraged to reduce delay and paperwork
associated with the implementation of CEQA by using previously prepared
environmental documents when those previously prepared documents adequately
address the potential impacts of the proposed project (CEQA Guidelines Section
15006); and
WHEREAS, CEQA Guidelines Section 15162(a) states that "When an EIR has
been certified or negative declaration adopted for a project, no subsequent EIR shall
be prepared for that project unless the lead agency determines, on the basis of
substantial evidence in the light of the whole record, one or more of the following:
1. Substantial changes are proposed in the project which will require
major revisions of the previous EIR or negative declaration due to the
involvement of new significant environmental effects or a substantial
increase in the severity of previously identified significant effects;
2. Substantial changes occur with respect to the circumstances under
which the project is undertaken which will require major revisions of
the previous EIR or negative declaration due to the involvement of
new significant environmental effects or a substantial increase in the
severity of previously identified significant effects; or
PC February 16, 2010 Item No. 5
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3. New information of substantial importance, which was not known and
could not have been known with the exercise of reasonable diligence
at the time the previous EIR was certified as complete or the negative
declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not
discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially
more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to 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, a Mitigated Negative Declaration No. 2004 -06 (the "MND ") and
Mitigation Monitoring Program were adopted on September 28, 2004 for Tentative
Tract Map No. 31792. The MND analyzed the subdivision and grading of property and
the construction of 191 single - family residential lots, of which this Residential Design
Review is a part.
WHEREAS, public notice of the Design Review has been given in accordance
with the requirements of the Lake Elsinore Municipal Code, 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, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER
AS FOLLOWS:
SECTION 1. The Planning Commission has considered the proposed design
for the 65 residential homes and model complex prior to making a decision and has
found them acceptable.
SECTION 2. The Planning Commission finds and determines that in
accordance with CEQA Guidelines Section 15162, the Design Review does not
present a substantial change or new information that would require further CEQA
analysis. The environmental impacts associated with development of the Design
Review were contemplated by, fully analyzed in, and mitigated through the Mitigated
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Negative Declaration for Tentative Tract Map No. 31792. No new CEQA
documentation is necessary for the Design Review.
SECTION 3. That in accordance with Section 17.82 of the City of Lake Elsinore
Municipal Code, the Planning Commission makes the following findings for the
approval of Residential Design Review No. 2009 -05:
1. The project as conditioned will comply with the goals and objectives of the City
of Lake Elsinore General Plan and the Zoning District in which the project is
located.
The General Plan designates the site for Low Medium Density Residential (6
dwelling units per acre) and the Design Review implements this density.
The Zoning District on the site is R -f Single Family Residential, and the Design
Review complies with all development standards of this zone.
2. The project complies with the design directives contained in Section 17.82.060
and all other applicable provisions of the Municipal Code.
The D R Horton products have similar style features and shall be constructed
with similar colors and materials to the Magnolia and Primrose products already
constructed in Rosetta Hills. Therefore the proposed products are consistent
and blend with the existing surroundings.
The project will provide wall and fence treatments previously approved for the
tract, as well as landscaping as previously conceptually designed for the site.
Conditions and safeguards pursuant to Section 17.82.070, including guarantees
and evidence of compliance with conditions, have been incorporated into the
approval of the subject project to insure development of the property in
accordance with the objectives of this Chapter and the planning district in which
the site is located.
Conditions have been applied to this project that prescribe site design,
setbacks, height, architectural design, exterior materials, colors, textures,
landscaping, lighting, walls and fences, grading and phasing.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval, the Planning Commission hereby approves
Residential Design Review No. 2009 -05.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PC February 16, 2010 Item No. 5
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PASSED, APPROVED AND ADOPTED on this sixteenth day of March 2010.
Jimmy Flores, Chairman
City of Lake Elsinore
ATTEST:
Tom Weiner
Director of Community Development
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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 16
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 February 16, 2010 Item No. 5
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31792
PLANNING DIVISION
(Note: Fees listed in the Conditions of Approval are the best estimates available at the
time of approval. The exact fee amounts will be reviewed at the time of building permit
issuance and may be revised.)
1. Approval Expiration. Design Review approval for Residential Project No. R 2009-
05 will lapse and be void unless a building permit is issued within two (2) years of
the Planning Commission approval date. The Director of Community Development
may grant an extension of time for up to one (1) year prior to the expiration of the
initial Design Review. An application for a time extension and required fee shall be
submitted a minimum of one (1) month prior to the expiration date.
2. Indemnity. The Applicant shall defend, 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.
3. Notice Filing. The City intends to file a Notice of Determination with the Riverside
County Clerk's office within five business days from the approval of this Design
Review by the Planning Commission. A check in the amount of $64.00 payable to
Riverside County must be received from the applicant for this purpose.
4. Revision to Plans. All site improvements shall be constructed as indicated on the
approved plotting plan and building elevations or as specified by these Conditions
of Approval. Any other revisions to the approved plotting plan or building elevations
shall be subject to approval of the Community Development Director or designee.
a. All lots shall meet the minimum setback requirements of the R1- Single
Family Residential District. Where dimensions are missing on conceptual
plans, it is assumed that Precise Grading Plans will comply with these
setback requirements.
b. Where lots exceed the rear yard setback requirement by more than 50
feet, houses shall be staggered to provide a varied streetscape. The
house on Lot 92 shall be replotted with a 32.6 foot front yard setback, and
a 55 foot rear yard setback to meet this requirement.
5. Use of Colors & Materials. Materials and colors depicted on the approved
materials boards shall be used unless modified by the applicant and approved by
the Director of Community Development or designee.
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6. Style & Color Distribution. Applicant shall submit, for review and approval by the
Director of Community Development or his designee, a detailed Plotting Plan prior
to the issuance of building permits for each phase, which indicates the style and
color scheme to be used on each lot. Styles shall be evenly distributed throughout
the site. The identical product and /or color scheme shall not be constructed
directly across or adjacent to one another.
7. ADA Requirements. Applicant shall meet all American with Disabilities Act
requirements for access to the Model Home Complex.
8. Prior Approvals. Applicant shall comply with all requirements of the underlying
Tract Map No. 31792, unless superceded by these conditions.
a. Applicant shall comply with all relevant Mitigation Monitoring Program
requirements as set forth in Mitigated Negative Declaration No. 2004 -06,
adopted for Tentative Tract Map No. 31792 and Zone Change No. 2004-
09. Applicant shall provide a Mitigation Monitoring Program Report on a
quarterly basis during construction.
b. Applicant shall comply with all adopted Mitigation Monitoring Program
requirements that may apply to the site as a result of the proposed
Mitigation Negative Declaration for the Remediation Plan that covers Lots
49 thru 68. Applicant shall provide a Mitigation Monitoring Program Report
on a quarterly basis during construction.
C. Construction on the property is subject to the terms and conditions of the
Land Development Agreement executed by the City and Wasson Canyon
Investments, L. P., and as amended.
d. 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.
9. RDA: This project is not within a designated Redevelopment Agency Project Area.
10. Hours of Construction. The developer shall comply with Chapter 17.78, Noise
Control, of the Lake Elsinore Municipal Code. In addition, construction shall be
limited to the hours of 7 a.m. to 5 p.m., Monday through Friday. No construction
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PC February 16, 2010 Item No. 5
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31792
activity shall be allowed on Saturdays, Sundays or legal holidays. It is the
developer's responsibility to ensure that contractors and subcontractors at the
project site comply on his behalf.
11. The applicant shall place a weatherproof 3' X 3' sign at the entrance to the project
site identifying the approved days and hours of construction activity and a
statement that complaints regarding the operation can be lodged with the City of
Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be
placed on the property prior to the issuance of a grading permit or building permit.
12. Violations. Upon violation by the applicant of the City's Noise Ordinance or the
Condition of Approval regarding hours of construction, the 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 Conditions of Approval. The applicant shall replenish the deposit upon notice
by the City that the remaining balance is equal to or less than $1,000.
13. Construction and /or Sales Trailers. A cash bond of $1,000.00 shall be required for
any construction or sales trailers used during construction. Bonds will be released
after removal of trailers and restoration of the site to an acceptable state, subject to
the approval of the Community Development Director or designee. The existing
community wall and HOA landscaping on Lot 131 shall be protected or replaced if
damaged during the temporary use on the lot.
14. Construction Phasing. The applicant shall comply with the revised Phasing Plan
approved for this project. Any changes to the approved Phasing Plan shall be
submitted for review and approval by the Director of Community Development or
his designee, with concurrence by the Engineering, Planning, and Building
Divisions, and the Fire Department. Construction phasing plans shall be
implemented to avoid or minimize construction traffic entering occupied
neighborhoods within the tract.
15. EVMWD The project shall connect to sewer and meet all requirements of the
Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water
and sewer plans to the EVMWD and shall incorporate all district conditions and
standards, including payment of applicable water and sewer connection fees.
16. Garages. Garages shall be constructed to provide a minimum of nine- feet -six-
inches by nineteen - feet - six - inches (9' -6" x 19' -6 ") of interior clear space for two
cars for a total interior clear space of nineteen - feet -six inches by nineteen- feet -six-
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31792
inches (19' -6" X 19' -6 ").
17. Walls & Fences. All theme walls are required to be coated with anti - graffiti paint.
18. Any retaining walls visible to the public shall match the interior masonry split face
block walls in color and style.
19. Construction drawings previously approved for Rosetta Hills shall apply to all wall
returns, walls fronting the street between residential units, and perimeter walls.
20. Walls or fences located in any front yard shall not exceed thirty -six inches (36 ") in
height with the exception that wrought -iron fences may be five feet (5') in height.
Chain link fences shall be prohibited.
21. The Developer shall construct tubular steel view fencing on all slopes.
22. Where residential lots have view fencing at the rear lot line and the depth of the
rear yard is greater than 30 feet, the last ten feet of wood fencing shall be replaced
with tubular steel view fencing.
23. The tubular steel view fence installed along public access community trails shall be
of industrial -grade material for safety purposes.
24. Construction drawings for Interior Wood Fence shall comply with the City Standard
Drawing Exhibit'A.'
25. A six -foot (6) decorative block wall shall be required along all side and rear
property lines of the subdivision in compliance with the standards in Zoning Code
Section 17.14.130.D. The 'Wall and Fencing Plan" submitted and approved for the
entire project shall apply.
26. FMZ. The applicant shall abide by the approved Fuel Modification Plan for Tract
31792, and all conditions of approval of said tract.
a. Construction shall be restricted until adjacent subdivisions have developed
or the applicant obtains arrangements with adjacent property owners to
provide fuel modification zones for this project.
27. Four -sided Articulation. Full architectural treatments as depicted on exhibits or
conditioned by these conditions of approval, shall be required for both the first and
second story elevations.
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31792
28. Fire Department Primary & Secondary Access. The applicant shall consult with
the Building and Safety Manager and Riverside County Fire Department in order to
meet primary and secondary access requirements of that agency during all phases
of construction once combustibles are brought to the site. The applicant shall meet
all applicable County Fire Department requirements for fire protection of the project
site.
29. Signage. All signage shall be reviewed and approved by the Director of
Community Development or his designee, and shall require the issuance of a Sign
Permit as appropriate.
30. CC &Rs The applicant shall include this project's property owners into the existing
homeowners' association (HOA), and subject to the approved Covenants,
Conditions and Restrictions (CC &Rs) for said HOA, prior to release of building
permits.
a. All open space areas, picnic areas, tot lot, walking trails, maintenance
easements, detention basins and drainage facilities shall be maintained by
the HOA excepting underground storm drain pipes.
b. HOA documents have been approved by the City and recorded, such as
the Articles of Incorporation and CC &Rs. The applicant shall provide
evidence that the 65 lots for his project are incorporated into the HOA.
C. CC &Rs shall prohibit on- street storage of boats, motor homes, trailers and
trucks over one -ton capacity.
d. CC &Rs shall prohibit roof - mounted or front -yard microwave satellite
antennas.
e. All lettered lots shall be owned and maintained by the HOA and so noted
on the Final Map.
In the event that the Homeowners' Association fails to meet its
responsibilities with regards to the maintenance of open space areas, the
City's Lighting, Landscaping and Maintenance District shall automatically
provide such maintenance and assess the HOA for this service.
The CC &Rs expressly designate the City of Lake Elsinore as a Third party
beneficiary to the CC &Rs such that the City has the right, but not the
obligation, to enforce the provisions of the CC &Rs.
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31792
h. The CC &Rs designate the homeowners' association as the entity
responsible for maintenance, repair, irrigation, and stability of all slopes
and landscaping within the common area as such term is defined in the
CC &Rs.
All lettered lots shall be owned and maintained by the HOA or other entity
approved by the Director of Community Development and so noted on the
Final Map.
Prior to Issuance of Building /Grading Permits
31. Acknowledgment of Conditions. Within 30 days of project approval by the
Planning Commission, and prior to issuance of any precise grading permits or
building permits for this project, the applicant shall sign and complete an
"Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department for inclusion in the case records.
32. The applicant shall provide to the Director of Community Development within 30
days of approval, a final approved version of the project in digitized format.
33. Grading Ordinance Compliance. Applicant shall comply with all requirements of the
City's Grading Ordinance. Construction generated dust and erosion shall be
mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and
using accepted control techniques. Interim erosion control measures shall be
provided thirty (30) days after the site's rough grading, as approved by the City
Engineer. Any alterations to the topography, ground surface, or any other site
preparation activity will require appropriate grading permits.
34. Plancheck Submittal. These Conditions of Approval shall be reproduced upon
Page One of the Building Plans prior to their acceptance by the Building and
Safety Division.
35. UBC. The applicant shall submit for review and approval by the Building Division
building plans that are designed to current UBC and adopted codes, and meet all
applicable Building and Safety Division requirements. Building plans shall indicate
compliance with applicable fire hazard zone requirements.
36. Building construction that meets fire hazard zone standards shall be used.
37. Trash Concrete Pads. Applicant shall provide a flat concrete pad or area a
minimum of 3'- 0" by 7'- 0" adjacent to each dwelling. The storage pad or area shall
conceal the trash barrels from public view, subject to the approval of the
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Community Development Director or his designee.
38. Driveways. Driveways shall be constructed of concrete per Building and Safety
Division standards.
39. Building Addresses. The building addresses shall be a minimum of four inches
(4 ") high and shall be easily visible from the public right -of -way. Developer shall
obtain street addresses for all project lots prior to issuance of building permits.
The addresses (in numerals at least four inches (4" high) shall be displayed near
the entrance and be visible from the front of the unit. Care should be taken to
select colors and materials that contract with building walls or trim.
40. Meeting with Contractor. Prior to Building Permits the Construction Supervisor
shall meet with the Planning Division to review the Conditions of Approval.
41. Landscape & Irrigation Plans. Landscaping Plans and Irrigation Details for each
plan shall be required, Typical Front Yard Plans and a Cost Estimate shall be
submitted for review and approval by the City's Landscape Architect Consultant
and the Director of Community Development or Designee prior to issuance of
building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid
for the entire project at the time of submittal.
a. Street Trees. The applicant shall install street trees to match existing
street trees a maximum of thirty feet (30') apart, and at least twenty -four
inch (24 ") box in size. The applicant shall plant street trees selected from
the City's Street Tree List.
b. Sight Visibility. Planting within fifteen feet (15') of ingress /egress points
shall be no higher than thirty- six - inches (36 ").
C. Water Conservation. The landscape plan shall provide for ground cover,
shrubs, and trees and meet all requirements of the City's adopted
Landscape Guidelines. Special attention to the use of Xeriscape or
drought resistant plantings with combination drip irrigation system to be
used to prevent excessive watering. The project shall adhere to the City's
Landscape Design Guidelines.
b. Easements. Landscaping shall be shown on both sides of any drainage
easements not within a residential lot.
C. Drainage facilities. Particular attention shall be given to the screening of
drainage facilities from public view or adjacent residences.
Page 7 of 14
PC February 16, 2010 Item No. 5
Page 17 of 56
d. Downslopes. Down slopes adjacent to streets shall be planted and
irrigated by the developer and maintained by the HOA.
42. Xeriscape Demonstration One of the proposed lots of the Model Home Complex
shall be Xeriscaped and signage provided that identifies Xeriscape landscaping.
43. Revisions to Conceptual Landscape Plans The applicant shall make the following
changes prior to the submittal of Construction Landscape Drawings:
a. Planter areas shall be clearly identified, and each plant shall have its own
symbol. North, East, South, and West exposures, as well as hydrozones,
are required on Construction plans.
b. Turf parkways shall be replaced with curb - adjacent sidewalks to comply
with water efficiency standards.
G. Planting areas, crushed gravel areas and mounding areas shall all be
clearly distinguished from each other.
d. Shrubs and ground cover palettes shall be provided.
e. All slope areas shall be planted in accordance with previously approved
Construction Drawings prior to the issuance of occupancy.
f. Sub - surface irrigation is required for concrete areas with sod joints and
tree pockets.
g. Alternate the use of rosemary groundcover with another specie.
h. Provide evidence that nerium oleander is no longer susceptible to pests or
provide a replacement specie.
i. Rain sensor shall be located where no obstruction from overhead
structures such as eaves, canopies, trees, etc. Irrigation controller shall
be a smart controller.
44. LEUSD. Under the provisions of SB 50, the applicant shall pay school fees to the
Lake Elsinore Unified School District prior to issuance of building permits. The
applicant shall provide evidence that all required school fees have been paid.
45. Park Fees. Prior to issuance of building permits, the applicant shall pay park-in -
lieu fees in effect at the time of building permit issuance. In accordance with the
Conditions of Approval for Tract 31792, the applicant may contribute an equal
amount to the construction of Rosetta Canyon Park.
46. MSHCP Fees. Prior to the issuance of a building permit, the applicant shall pay
the City's Multi- Species Habitat Conservation Plan Local Development Mitigation
Fee in effect at that time.
Page 8 of 14
PC February 16, 2010 Item No. 5
Page 18 of 56
31792
47. Ground Mounted Equipment. All mechanical and electrical equipment on the
building shall be ground mounted. All outdoor ground or wall mounted utility
equipment shall be consolidated in a central location and architecturally screened
along with substantial landscaping, subject to the approval of the Community
Development Director, prior to issuance of building permits. If the equipment is
placed behind the fencing, landscaping will not be required. Air conditioning and
related equipment located in side yards shall maintain a minimum of 3 feet of
unobstructed, leveled clearance between the equipment and the adjacent property
line.
a. All floor plans shall relocate air conditioning units to the side yards where
seven or more feet are available in the side yard setback.
Prior to Final Approval
48. Issuance of Occupancy. The applicant shall meet all Conditions of Approval prior
to the issuance of a Certificate of Occupancy and release of utilities.
49. Painted Fencing. Prior to final approval, all wood fencing shall be painted or
treated with a high - grade, solid body, penetrating stain approved by the Director of
Community Development or his designee.
50. Landscaping & Irrigation Installed. All front yards and the side yards on corner lots
shall be properly landscaped and irrigated with an automatic underground irrigation
system to provide 100% plant and grass coverage using a combination of drip and
conventional irrigation methods.
a. Bond for Model Complex. Prior to the release of a certificate of occupancy,
all landscape improvements for the Model Home Complex shall be bonded for
10% of the Approved Cost Estimate for labor, equipment and materials for
one year. A bond covering 120% of the Approved Cost Estimate shall also
cover the conversion of the model complex until it has been completely
converted to single family uses including parking area. Bonds shall be limited
in form to sureties provided by insurance companies, or to certificates of
deposit that are in the name of the City of Lake Elsinore.
b. Phasing. All landscaping and irrigation shall be installed within an affected
portion of any phase at the time a Certificate of Occupancy is requested for
any building.
c. Consistency with Approved Plans. Final landscape plan must be consistent
with the approved site plan.
Page 9 of 14
PC February 16, 2010 Item No. 5
Page 19 of 56
31792
d. Slope Landscaping. All exposed slopes in excess of three feet in height
within the subject tract and within private lots shall have permanent irrigation
systems and erosion control vegetation installed, as approved by the
Landscape Architect and Planning Division, prior to issuance of certificate of
occupancy.
e. Open Space. All adjacent Open Space areas shall be completely landscaped
and restored if graded, prior to issuance of a Certificate of Occupancy for the
adjacent phase.
f. Landscape Bond. All landscape improvements shall be bonded with a 10
percent Faithful Performance Bond for labor and materials for one year from
Certificate of Occupancy.
ENGINEERING DIVISION
General Requirements:
51. Conditions of Approval of Tract 31792 are in effect for this project.
52. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is
substantially modified as determined by the City Engineer. If the grading is less
than 50 cubic yards and a grading plan is not required, a grading permit shall still
be obtained so that a cursory drainage and flow pattern inspection can be
conducted before grading begins.
53. The applicant shall submit for review and approval a corrected Precise Grading
Plan to reflect any new amended lots.
54. Prior to commencement of grading operations, applicant to provide to the City with
a map of all proposed haul routes to be used for movement of export material.
Such routes shall be subject to the review and approval of the City Engineer.
55. All grading shall be done under the supervision of a geotechnical engineer and he
shall certify all slopes steeper than 2 to 1 for stability and proper erosion control.
56. An Encroachment Permit shall be obtained prior to any work on City right -of -way.
57. Street improvements including street lighting, traffic signal, traffic signing and
striping are required as part of this project. The improvements shall be prepared by
Page 10 of 14
PC February 16, 2010 Item No. 5
Page 20 of 56
a registered civil engineer and shall meet city and /or riverside county standards.
58. Arrangements for relocation of utility company facilities (power poles, vaults, etc.)
out of the roadway or alley shall be the responsibility of the property owner or his
agent.
59. 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.
60. Applicant shall pay all development impact/mitigation fees, including but not all
inclusive: TUMF, MSHCP, TIF and Area Drainage Fees.
61. 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.
62. Ten -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.
63. 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.
64. All waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or other phases of the construction shall be
disposed of at appropriate recycling centers. The applicant should contract with
CR &R Inc. for recycling and storage container services, but the applicant may use
the services of another recycling vendor. Another recycling vendor, other than
CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the
applicant is not using CR &R Inc. for recycling services and the recycling material is
either sold or donated to another vendor, the applicant shall supply proof of debris
disposal at a recycling center, including verification of tonnage by certified weigh
master tickets.
65. In accordance with the City's Franchise Agreement for waste disposal & recycling,
the applicant shall be required to contract with CR &R Inc. for removal and disposal
of all waste material, debris, vegetation and other rubbish generated during
cleaning, demolition, clear and grubbing or all other phases of construction.
Page 11 of 14
PC February 16, 2010 Item No. 5
Page 21 of 56
31792
66. On -site drainage shall be conveyed to a public facility, accepted by adjacent
property owners by a letter of drainage acceptance, or conveyed to a drainage
easement.
67. 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.
68. Roof drains shall not be allowed to outlet directly through coring in the street curb.
69. Roofs should drain to a landscaped area.
70. Applicant 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.
71. 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,
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.
Prior to Issuance of a Grading Permit
72. 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.
73. Provide soils, geology and seismic report. Provide final soils report showing
compliance with recommendations.
74. The applicant shall obtain all necessary off -site easements for off -site grading
and /or drainage acceptance from the adjacent property owners prior to grading
permit issuance.
75. The applicant shall provide a copy of appropriate correspondence or necessary
permits from Federal and /or State regulatory agencies prior to grading that affects
Page 12 of 14
PC February 16, 2010 Item No. 5
Page 22 of 56
31792
wetlands or "waters of the United States."
76. Applicant to provide erosion control I
applicant shall contribute to protection
the BMP in Supplement "A" in the
Management Plan.
ieasures as part of their grading plan. The
of storm water quality and meet the goals of
Riverside County NPDES Drainage Area
77. Applicant shall provide the city with proof of his having filed a Notice of Intent with
the Regional Water Quality Control Board for the National Pollutant Discharge
Elimination System ( NPDES) program with a storm water pollution prevention plan
prior to issuance of grading permits.
78. Applicant shall obtain approval from Santa Ana Regional Water Quality Control
Board for their storm water pollution prevention plan including approval of erosion
control for the grading plan prior to issuance of grading permits. The applicant shall
provide a SWPPP for post construction, which describes BMP's that will be
implemented for the development and including maintenance responsibilities.
Prior to Issuance of Building Permit
79. Unless other timing is indicated, all Public Works requirements shall be complied
with as a condition of development for Tract 31792 and as specified in the Lake
Elsinore Municipal Code (LEMC) prior to building permit.
80. 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.
81. A Traffic Signal has been constructed at the intersection of Central Avenue and
Conard Street, consistent with the traffic impact analysis recommendations or the
Conditions of Approval for Tract 31792.
82. Street improvements shall be constructed on Conard Street, from 3rd Street to
Central Avenue. The improvements shall include ac pavement, curb /gutter,
sidewalk, signing and striping, and street lighting.
83. Offsite street improvements on Street A and 3' Street shall be constructed per
recommendations of Tract 31792 Traffic Study.
Page 13 of 14
PC February 16, 2010 Item No. 5
Page 23 of 56
31792
84. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC
16.34).
85. When the model complex parking lot is removed, the A.C. pavement shall be taken
to a recycling center, not a landfill.
Prior to Occupancy
86. 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.
87. All street improvements (onsite and offsite) including signing and striping, and
street lighting and drainage improvements shall be completed in accordance with
the approved plans or as condition of development for Tract 31792 to the
satisfaction of the City Engineer.
88. FEMA elevation certificates shall be provided for structures within the floodplain.
89. A Traffic Signal has been constructed and operational at the intersection of Central
Avenue and Conard Street.
90. Water and sewer improvements shall be completed in accordance with Water
District requirements.
91. The developer shall provide documentation regarding maintenance responsibility
of offsite and onsite detention basins related to this project. The City shall not be
responsible for maintaining the detention basins.
DEPARTMENT OF ADMINISTRATIVE SERVICES — None.
(End of Conditions)
Page 14 of 14
PC February 16, 2010 Item No. 5
Page 24 of 56
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CITY OF `...
LADE 7 LSINOKE
DREAM EXTREMEn
ACKNOWLEDGEMENT OF
DRAFT CONDITIONS
RE: Residential Design Review No. 2009 -05 by D R Horton @ Rosetta Hills, Tract
31792
I hereby state that I/We acknowledge the draft Conditions of Approval for the above
named project. I/We understand that these are draft conditions only and do hereby agree
to accept and abide by all final conditions prescribed by the City of Lake Elsinore staff,
as set forth in the attachments to the approval letter that will be sent after final project
approval.
All final conditions shall be met prior to issuance of permits or prior to the first
Certificate of Occupancy, or otherwise indicated in the Conditions, subject to the
approval of the Community Development Director of the City of Lake Elsinore. The
decision of the Planning Commission shall be final fifteen (15) days from the date of the
decision, unless an appeal has been filed with the City Council pursuant to the provisions
of Chapter 17.80 of the Lake Elsinore Municipal Code (LEMC ).
Date: &4-to Applicant's Signature:
Print Name: 164A&& U. M1U_ a{kA W
Address: do 4o ( lt'A{,1111J 0 CD
OWU& , U C2SYD
Phone Number: _UA-09 -2k7
PC February 16, 2010 Item No. 5
Page 55 of 56
City of Lake Elsinore
Planning Division
130 S. Main Street
Lake Elsinore, CA 92530
(951) 674 -3124
(951) 471 -1419 fax
Filed With: ❑
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
Notice of Determination
(In compliance with Section 21152
of the Public Resources Code)
O County Clerk of Riverside County
2724 GatewayDrive
Riverside, CA 92507
Project Title: Residential Design Review No. 2009 -05
by D R Horton in Rosetta Hills, Tract 31792
State Clearinghouse Number (if submitted to State Clearinghouse): N/A
Lead Agency Contact: Carole K. Donahoe, AICP, Project Planner Telephone No: (951) 674 -3124 x 287
Project Location (include County): Countyof Riverside, Cityof Lake Elsinore.
Southeast of Highway 74, east of Interstate 15, and east of the intersection of Conard
Avenue and Third Street, and known as Assessor's Parcel Numbers 347 - 360 -010; 347 -511-
048 thru -057; 347 - 531 -001; 347 - 532 -017; 347 - 533 -001, -002, -014 thru -016, -020, -021, -
025, and -026; 347 - 534 -005; 347-540-001,-002,-025 thru -037; 347 - 541 -001 thru -012, and -
025; 347 - 550 -001 thru -020, and -050.
Project Description: The construction of 65 single family residential homes on the remaining vacant lots in Tract
31792, Rosetta Hills. The proposal includes a model home complex for two floor plans and a parking lot.
This is to advise that the City of Lake Elsinore Planning Commission (Lead Agency) has approved the
above project and has made the following determinations regarding the above described project:
Residential Design Review No. 2009 -05 does not proposed substantial changes to Tentative Tract Map No. 31792.
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 Mitigated Negative Declaration for Tentative Tract Map No.
31792. 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 Tentative Tract Map No. 31792.
The Planning Commission has determined that this Design Review is consistent with and implements the Mitigated
Negative Declaration for Tentative Tract Map No. 31792. 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 Residential Design Review
No. 2008 -03 is necessary.
Signed:
Tom Weiner
Title: Director of Community Development
PC February 16, 2010 Item No. 5
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