HomeMy WebLinkAboutPC Reso No 2012-36RESOLUTION NO. 2012 -36
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT RECOMMEND TO
THE CITY COUNCIL ADOPTION OF THE AMENDED AND RESTATED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE
AND CASTLE & COOKE, LAKE ELSINORE WEST, INC., AS SUCCESSOR IN
INTEREST TO BRIGHTON ALBERHILL ASSOCIATES., FOR ALBERHILL
RANCH DEVELOPMENT
WHEREAS, Castle and Cooke, Lake Elsinore West, Inc., has submitted an
application for an Amended and Restated Development Agreement Between the City of
Lake Elsinore and Castle & Cooke, Lake Elsinore West, Inc., as successor in interest to
Brighton Alberhill Associates, for property located on approximately 400 acres on the
west side of the 1 -15 Freeway at the Nichols Road and Lake Street intersections (the
"Project Site ") and commonly identified as Assessor Parcel Numbers (APNs 389 -020-
062, 389 - 020 -064, 389 - 080 -055, 389 - 080 - 056,390- 139 -026, 390 -130- 028,390- 160 -003,
390 - 160 -006, 390 - 190 -014, 390 - 190 -015, 390 - 190 -017, 390 - 190 -018, 390 - 200 -008,
390 - 200 - 010,390- 210 -021); and,
WHEREAS, the Project Site is an approximate 400 acre portion of the
approximate 1,000 acre area within the Brighton Alberhill Ranch Specific Plan
Amendment No. 1 ('Brighton ARSP IV ") which was the subject of a 1990 Development
Agreement between the City and to Brighton Alberhill Associates and Amendment No. 1
thereto (collectively, the "Original DX) that vested certain development rights for the
Brighton ARSP #1 area; and,
WHEREAS, the Project Site is now owned by Castle & Cooke, Lake Elsinore
West, Inc., successor in interest to the former Brighton Homes and Tri- Valley I, and is
covered by the terms of the Original DA and the proposed Amended and Restated DA;
and,
WHEREAS, Castle and Cooke, Lake Elsinore West, Inc., has also submitted an
application for approval of Vested Tentative Tract Map No. 35001 to subdivide the
Project Site for development purposes consistent with the Brighton ARSP IV; and
WHEREAS, the proposed Amended and Restated DA will vest the development
rights under the Brighton ARSP #1 and the VTTM No. 35001 consistent with the
Original DA and purpose and intent of Government Code Sections 65864 through
65869.5 (the "Development Agreement Law ") and Lake Elsinore Municipal Code
Chapter 19.12 establishing rules and regulations for the consideration of Development
Agreements; and
WHEREAS, public notice of the Amended and Restated DA 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 October 16, 2012.
PLANNING COMMISSION RESOLUTION NO. 2012 -36
PAGE 2OF4
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The Planning Commission held a duly noticed public hearing on the
Amended and Restated Development Agreement on October 16, 2012 and based on
the information presented, the Planning Commission makes the following findings in
accordance with Section 19.12.080 of the LEMC:
1. The proposed Amended and Restated Development Agreement is consistent
with the objectives, policies, general land uses and programs specified in the
General Plan.
The Amended and Restated Development Agreement is consistent with the
Project Site's Brighton ARSP #1 land use designation.
2. The proposed Amended and Restated Development Agreement is compatible
with the uses authorized in, and the regulations prescribed for, the land use
district in which the real property is located.
The property that is subject to the proposed Amended and Restated
Development Agreement is located within the Brighton ARSP #1 planning area
and vests those uses permitted by the Brighton ARSP #1.
3. The proposed Amended and Restated Development Agreement conforms to the
public convenience and general welfare and reflects good land use practices.
The proposed Amended and Restated Development Agreement conforms to the
public convenience and general welfare because the Agreement provides for
residential and commercial development which will expand the City's revenue
base and provide new neighborhoods and neighborhood shopping and other
commercial conveniences for City residents.
4. The proposed Amended and Restated Development Agreement will not be
detrimental to the health, safety and general welfare of the community.
The proposed Amended and Restated Development Agreement will not be
detrimental to the health, safety and general welfare of the community because
the Agreement incorporates all of the land use approvals for the Project Site and
requires compliance with all conditions of approval and mitigation measures
associated therewith to protect and health, safety and general welfare of the
community.
5. The proposed Amended and Restated Development Agreement is consistent
with the provisions of Government Code Sections 65864 through 65869.5.
PLANNING COMMISSION RESOLUTION NO. 2012 -36
PAGE 3 OF 4
The form and content of the proposed Amended and Restated Development
Agreement is consistent with the requirements of the Development Agreement
Law.
SECTION 2. The City has properly reviewed and assessed the Amended and
Restated Development Agreement pursuant to the California Environmental Quality Act
(Cal. Publ. Res. Code § §21000 et seq.), the State CEQA Guidelines (14. Cal. Code
Regs § §15000 et seq.) and the City's Procedures for Implementing the State CEQA
Guidelines (hereinafter collectively referred to as "CEQA "); and has prepared and
approved CEQA Addendum No. IV to the Alberhill Ranch Specific Plan EIR finding that
the proposed Amended and Restated Development will not have any significant
adverse environmental impacts.
SECTION 3. Based on the foregoing findings and the testimony received during
the public hearing and submitted by the applicant and by City staff, the Planning
Commission recommends to the City Council approval of the Amended and Restated
Development Agreement by and between the City of Lake Elsinore and Castle & Cooke,
Lake Elsinore West, Inc.
SECTION 4. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 16th day of October, 2012, by the
following vote:
AYES: CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL,
COMMISSIONER BLAKE, COMMISSIONER JORDAN
NOES: NONE
ABSENT: COMMISSIONER GRAY
ABSTAIN: NONE Z?
��
Rick Morsch, Chairman
Lake Elsinore Planning Commission
ATTEST:
Warren orelion, AICP
Acting Community Development Director
PLANNING COMMISSION RESOLUTION NO. 2012 -36
PAGE 4OF4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Warren Morelion, Acting Community Development Director of the City of Lake
Elsinore, California, hereby certify that Resolution No. 2012 -36 as adopted by the
Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th
day of October 2012.
Warren Morelion, AICP
Acting Community Development Director
CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP NO. 35001
"ALBERHILL RIDGE"
GENERAL
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
Vesting Tentative Tract Map No. 35001, located within the Brighton Specific Plan on the east
side of Lake Street between Nichols Road and the 1 -15 Freeway, project attached hereto.
PLANNING DIVISION
2. Vesting Tentative Tract Map No. 35001 will expire two years from 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.
3. Vesting Tentative Tract Map No. 35001 shall comply with the State of California Subdivision
Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal
Code (LEMC), unless modified by approved Conditions of Approval.
4. Development shall comply with those standards and guidelines of the Elements contained in
the Brighton Specific Plan document.
5. Vesting Tentative Tract Map No. 35001 shall comply with the State of California Subdivision
Map Act and applicable requirements contained in the Brighton Specific Plan document and
the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of
Approval.
6. Development shall comply with those requirements and provisions contained in the Amended
and Restated Development Agreement dated as of , 2012 between the City
and Castle & Cooke Lake Elsinore West, Inc. ( "Development Agreement');;
7. The applicant shall participate in the City of Lake Elsinore Citywide Lighting and Landscape
and Street Maintenance District, as appropriate.
8. The applicant shall provide all project - related onsite and offsite improvements as described in
the Brighton Specific Plan document and Vesting Tentative Tract Map No. 35001.
The applicant shall implement those mitigation measures identified in the 1990 Final Brighton
Specific Plan EIR and the 2012 CEQA Addendum No. 4 to the Final Brighton Specific Plan
EIR . Included as attachment "A" to these project Conditions of Approval.
10.The applicant shall comply with all conditions of the Riverside County Fire Department.
Future construction shall meet all Riverside County Fire Department standards for fire
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 2 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
protection and any additional requirements requested by the County Fire Department.
11. Developer will dedicate a 2.0 acre site for future Public Fire and /or Police Facilities and
shall deposit $1 million in an escrow established by City to construct future Public Fire
and /or Police Facilities.
PRIOR TO FINAL TRACT MAP
12. All lots shall comply with minimum standards contained in the Brighton Specific Plan.
13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
14. Street names within the subdivision shall be approved by the Community Development
Director or Designee.
15.AII of the improvements shall be designed by the applicant's Civil Engineer to the
specifications of the City of Lake Elsinore.
16.The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
PRIOR TO DESIGN REVIEW APPROVAL
17. All future structural development associated with this map requires separate Design Review
approval.
18. Design for all drainage basins proposed with Vesting Tentative Tract Map No. 35001 shall be
approved by the City Enginee and Community Development Director or designee. Security
fencing where required shall be shown. Exposed chain -link fencing is prohibited.
PRIOR TO BUILDING PERMIT /GRADING PERMITS
19. Prior to issuance of any building permit, the Developer shall create, or annex the property into
Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal
impacts of the project on public right -of -way for landscaping and street lights in the public
right -of -way for which the City will pay for maintenance costs, water from Elsinore Valley
Municipal Water District, and electricity and a maintenance fee to Southern California Edison.
Developer shall pay to the City the appropriate non - refundable deposit to cover the cost of the
annexation process. The Developer may propose alternative financing mechanisms to fund
the annual maintenance costs, including the creation of a Mello -Roos Community Facilities
District in lieu of annexing into the existing district.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 3 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
20. Prior to issuance of any building permit, the Developer shall annex the property into
Community Facilities District No. 2006 -5 (Park, Open Space and Storm Drain Maintenance) to
offset the annual negative fiscal impacts of the project for public parks, open space and storm
drain for which the City will pay for maintenance costs, water from Elsinore Valley Municipal
Water District, and electricity from Southern California Edison. Developer shall pay to the City
the appropriate non - refundable deposit to cover the cost of the annexation process. The
Developer may propose alternative financing mechanisms to fund the annual maintenance
costs in lieu of annexing into the existing district.
21. Developer shall supplement, as needed, the Park Maintenance CFD for the first 2 years of
Operation & Maintenance for the 3.1 acre and the 6.9 acre Public Park.
22. Prior to issuance of any building permit, the Developer shall annex the property into
Community Facilities District No. 2007 -1 (Law Enforcement, Fire and Paramedic Services) to
offset the annual negative fiscal impacts of the project on providing public safety services.
Developer shall pay to the City the appropriate non - refundable deposit to cover the cost of the
annexation process. The Developer may propose alternative financing mechanisms to fund
the annual public safety services costs in lieu of annexing into the existing district.
23. Prior to issuance of any grading permit and /or building permit, the applicant shall sign and
complete an "Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department.
24. The applicant shall obtain all necessary State and Federal permits, approvals, or other
entitlements, where applicable, prior to each phase of development of the project.
25. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved
by the Fire Department for future development. Said Plan and Program shall show those
special treatments necessary to achieve an acceptable level of risk in regard to the exposure
of structures to flammable vegetation and shall describe the method of removal and
installation, and provisions for maintenance. The City's Landscape Architect shall ensure
compliance of said program.
26. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve
letter) to the City Engineer, for all required utility services.
27.The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMW D).
28.The applicant shall pay applicable fees and obtain proper clearance from the appropriate
School District prior to issuance of building permits.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 4 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
29. The applicant shall provide connection to public sewer for each lot within any subdivision. No
service laterals shall cross adjacent property lines and shall be delineated on engineering
sewer plans and profiles for submittal to the EVMW D.
30. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan
addressing the following:
• Show that a masonry or decorative block wall will be constructed along the entire tract
boundary.
• Show materials, colors, and heights of rear, side and front walls /fences for proposed lots.
• Show that front return walls shall be decorative masonry block walls. Front return wood
fences shall not be permitted.
• Show that side walls for corner lots shall be decorative masonry block walls.
• Show that those materials provided along the front elevations (ie. brick, stone, etc.) will
wrap around the side elevation and be flush with the front return walls.
31. The applicant shall submit plans to the electric utility company for a layout of the street lighting
system. The cost of street lighting, installation as well as energy charges shall be the
responsibility of the developer and /or the association. Said plans shall be approved by the
City and shall be installed in accordance with the City Standards.
32. The applicant shall meet all requirements of the providing electric utility company.
33. The applicant shall meet all requirements of the providing gas utility company.
34. The applicant shall meet all requirements of the providing telephone utility company.
35. A security is required guaranteeing the removal of all trailers used during construction.
36. All signage shall be subject to Planning Division review and approval prior to installation.
37. 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 60 feet shall be provided. Interim
and permanent erosion control measures are required. The applicant shall bond 100% for
material and labor for one year for erosion control landscaping at the time the site is rough
graded.
38. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall
not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction
activity shall not take place on Saturday, Sunday, or any Legal Holidays.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 5 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
39.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 (i.e., 7:00 A.M. — 5:00 P.M.,
Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal
holidays) 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 installed prior
to the issuance of a grading permit.
40.At least 30 days prior to any rough grading related ground disturbance activity, the City will
contact the appropriate Native American Tribe (Tribe) to notify the Tribe of the initiation of
rough grading on the Project site. It is anticipated that the Pechanga Tribe will be the
"appropriate" Tribe due to prior and extensive coordination with the City and project applicant
in determining potentially significant impacts and appropriate mitigation measures due to its
demonstrated cultural affiliation with the project area. The Community Development Director
(Director) or his Designee shall have the authority to designate the Tribe to select a Native
American Tribal Monitor (Monitor) volunteer for the Project site. The designated Monitor will
conduct the Monitor activities at a fee not to exceed $5,000 their sole costs. The Tribe and
Archaeologist shall independently report via email or other writing any and all archaeological
related artifact findings to the Director or his Designee during rough grading of the Project site.
A copy of any findings may be provided to the Developer by the Director or his Designee
provided appropriate non - disclosure agreements have been executed by the Developer. All
monitoring shall be limited to the rough grading being undertaken during each rough grading
phase. The Director shall meet with the Developer and Tribe prior to any rough grading
activities to develop appropriate protocols for the Operations and Archaeological Monitor
activities on each rough grading phase which shall comply will all terms of the Rough Grade
Plan. The Protocols shall address the conduct of Archaeological and Tribal Monitoring and the
disposition of any Archaeological Artifacts or human remains discovered on the Project Site in
accordance with the appropriate laws. The Director or his Designee shall have the authority
to modify, direct and re- direct the appropriate actions for any rough grading activity on the
Project site in regards to any archaeological findings within the rough grading work areas after
consulting with Monitor, Developer and Archaeologist.
PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY
41. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust
suppression along Nichols Road and Lake Street to minimize fugitive dust generation shall be
applied. Fugitive dust suppression techniques may include soil watering, application of soil
binders, and /or placement of gravel or other appropriate material to minimize vehicle
generated dust.
42. Open space lots shall be dedicated to the City in accordance with the requirements of the
Brighton Specific Plan and as shown on VTTM 35001.. Maintenance of these open space
lots shall be in accordance with the maintenance schedule shown on VTTM 35001 — Sheet 4.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 6 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
ENGINEERING DIVISION
43. In accordance with the City's Franchise Agreement for waste disposal & recycling, the
developer 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.
44. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by
development of the site and or diversion of drainage.
45. 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.
46.The developer shall provide a copy of an encroachment permit or any approval documents
from the Riverside County Flood Control District for encroaching, grading, or discharging into
County flood control facilities right of way.
47. All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by
a Registered Civil Engineer.
48. Each final map phase shall be subject to discretionary review and associated conditions of
approval.
49. Prior to issuance of the first building permit, the developer shall create or annex the
property into Lighting and Landscaping Maintenance District No. 1. Developer shall deposit
appropriate, non - refundable funds with the City for the processing of the annexation. An
alternative financing mechanism to fund the annual maintenance costs, including creation
of a Mello -Roos Community Facilities District in lieu of annexing into the existing district will
be considered by the City.
FEES
50. The developer shall pay all Engineering Division assessed, Development Impact Fees and
Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include:
Stephens Kangaroo Habitat Fee (K -Rat), Traffic Infrastructure Fee (TIF), , and Area Drainage
Fee.
51. Development Impact Fees will be assessed at the effective rate at time of payment in full.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design:
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 7 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
52.A final WQMP shall be prepared, filed, and approved by the City Public Works Department
prior to issuance of a rough grading permit for the development of the subdivision. The final
WQMP will be prepared in accordance with the City of Lake Elsinore 2010 MS4 Permit (R8-
2010 -003) and the County of Riverside Drainage Area Management Plan (DAMP) dated July
2011 based on the Preliminary Water Quality Management Plan (PWQMP) prepared by KWC
Engineers dated October 16, 2012. The 2010 SAR MS4 Permit requires implementation of
LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified
for the project, in the following manner (from highest to lowest priority): (Section XII.E.2,
XII.E.3,and XII.E.7).
53. The project shall implement LID practices that treat the 85th percentile storm.
54. Hydromodification / Hydraulic Conditions of Concern — The project shall identify potential
Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of
natural water bodies and drainage systems; conserve natural areas; protect slopes, channels
and minimize significant impacts from urban runoff.
Construction:
55. Both a Storm Water Pollution Prevention Plan ( SWPPP) is required for this project
56. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated as
necessary and be available for review upon request. Projects that are not subject to
coverage under the General Permit — Construction will prepare and implement an Erosion and
Sediment Control Plan in compliance with the California Building Code and Local Ordinances.
57. Prior to grading or building permit the applicant shall demonstrate that compliance with the
permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the
State Water Resources Control Board and a copy of the letter of notification of the issuance of
a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of
the City Engineer.
58. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the
applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment
Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance
with the City's NPDES Program and state water quality regulations for grading and
construction activities. The Erosion and Sediment Control Plan shall identify how all
construction materials, wastes, grading or demolition debris, and stockpiles of soil,
aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent
transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall
also describe how the project will ensure that all BMPs will be maintained during construction
of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as
applicable, kept updated as needed to address changing circumstances of the project site, be
kept at the project site and available for review upon request.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 8 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
Post Construction:
59. A. preliminary WQMP shall be approved during the project entitlement stage. The level of
detail in a preliminary Project - Specific WQMP will depend upon the level of detail known
about the overall project design at the time project approval is sought. At a minimum, the
preliminary Project - Specific WQMP shall identify the type, size, location, and final ownership
of Stormwater BMPs adequate to serve new roadways and any common areas, and to also
manage runoff from an expected reasonable estimate of the square footage of future roofs,
driveways, and other impervious surfaces on each individual lot
60. The applicant shall use the Water Quality Management Plan for the Santa Ana Region of
Riverside County guidance document and template for preparation of the final WQMP.
61. WQMP — The Water Quality Management Plan (WQMP) specifically identifying Best
Management Practices (BMPs) that will be used onsite to control identified pollutants of
concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan
(DAMP), Model WQMP, and LID Guidance Manual for reference, and the MS4 Permittee's
WQMP template for submittal. This WQMP shall include the following:
• Vector issues are addressed in the BMP design, operation and maintenance.
• GIS coordinates for all LID and Treatment Control BMPs
• HCOC -demonstrate that discharge flow rates, velocities, duration and volume for the post
construction condition from a 2 year and 10 year 24 hour rainfall event will not cause
significant adverse impacts on downstream erosion and receiving waters, or measures
are implemented to mitigate significant adverse impacts to downstream public facilities
and water bodies. Design goal to replicate pre - development hydrologic regime.
62. Operation and Maintenance (O &M) Plan that (1) describes the long -term operation and
maintenance requirements for BMPs identified in the BMP Exhibit; (2) identifies the entity that
will be responsible for long -term operation and maintenance of the referenced BMPs; and (3)
describes the mechanism for funding the long -term operation and maintenance of the
referenced BMPsAII storm drain inlet facilities shall be appropriately marked "Only Rain in the
Storm Drain" using the City authorized marker to prevent illegal dumping in the drain system.
63. As required by the City Engineer, detension basin's shall be designed to include a 15 -foot
wide access road extending from the entrance to the basin floor. Maintenance road lengths
extending 500 -feet or more will require a turn - around at the bottom of the entrance ramp.
TENTATIVE TRACT MAP
64. Provide a copy of the Preliminary Title Report.
65. Show on the Vesting Tentative Tract Map:
• Note Tax Assessors Parcel Numbers on Map
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 9 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
• Provide Legend for identification of Utilities.
66. Provide written confirmation that RCFCD will maintain the existing proposed detention basin
#1060 or remove maintenance statement from tentative map.
67. The location of LID BMPs to be used shall be based on the PWQMP dated 10/08/12 on file
with City.
FINAL TRACT MAP
68. The developer shall submit for plan check review and approval a final map.
69. The Final Tract Map or Parcel Map shall include the phasing boundaries consistent with the
lots of the Tentative Tract. The phasing boundaries or lots shall be processed as separate
tract maps.
70. Revisions to the phasing plan shown on VTTM shall be approved by the City Engineer prior to
issuance of any permits.
71. Prior to City Council approval of the Tract Map, the developer shall, in accordance with
Government Code, have constructed all improvements or noted on the title sheet of the map
the improvements to be constructed or have improvement plans submitted and approved,
agreements executed and securities posted.
UTILITIES:
72. 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 in accordance with Chapter 12.16 of the Lake Elsinore Municipal
Code (LEMC)
73. Underground water rights shall be dedicated to the City pursuant to the provisions of Section
16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley
Municipal Water District.
74. The developer shall apply for, obtain and submit to the City Engineering Division a letter from
Southern California Edison (SCE) indicating that the construction activity will not interfere with
existing SCE facilities (aka SCE NIL).
75.The developer shall comply with the 'Will Serve" letter dated 07/31/12. Developer shall
supply to the City Engineering Division a copy of the 'Will Serve' letter from Elsinore Valley
Municipal Water District stating that water and sewer arrangements have been made for this
project.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE10OF15
VESTING TENTATIVE TRACT MAP NO. 35001
IMPROVEMENTS
Design
76.The development of each Planning Area or Phase shall be subject for specific review and
conditions of approval.
77. Sight distance at all intersections shall comply with CALTRANS Standards.
78. The developer shall install permanent bench marks at the following locations, Lake & Nichols,
Lake & Alberhill Ridge Road, and Alberhill Ridge Road & "B" Street per City of Lake Elsinore
Standards and at locations to be determined by City Engineer.
79. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant
locations per Lake Elsinore Standards.
80. The developer shall coordinate with Riverside Transit Authority for location and installation of
bus transit facilities.
81.10 -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 one of these criteria are exceeded, drainage
facilities shall be provided.
82.AII drainage facilities in this project shall be constructed to Riverside County Flood Control
District Standards.
83.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.
84. 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.
85. Developer shall maintain the existing detention basin (Lot 1060) until transfer of maintenance
responsibility is accepted by RCFC &WCD.
86. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs
should drain to a landscaped area.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 11 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
87.The site shall be planned and developed to keep surface water from entering buildings
(California Green Building Standards Code 4.106.3).
88.AII Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works
Standard Plans.
89. The Developer and its successors in interest, shall cause a Traffic Study to be prepared and
submitted to the City of Lake Elsinore Public Works Department at the completion of the first
200 Certificate of Occupancy (CofO's) of the Alberhill Ridge project and every 100 CofO's
thereafter until completion of the project in order to evaluate the actual traffic impacts of the
Alberhill Ridge development and determine consistency with the trigger to construct the
Nexus Improvements as identified in the LLG Traffic Study Report dated, February 29t' 2012.
Any identified traffic improvements in the periodic traffic studies shall be constructed within
100 CofO's or 18 months of the acceptance of the Traffic Study by the City of Lake Elsinore
whichever occurs first.
90. The Traffic Study shall consist of conducting AM and PM peak period traffic counts at the
study intersections identified as being impacted during the phased horizon year analysis
consistent with original traffic impact analysis (TIA), dated February 29, 2012, and performing
AM and PM peak hour level of service (LOS) analyses, accordingly. The Traffic Study Report
shall consist of a letter report complete with existing traffic volume figures, a LOS summary
table, appendix material presenting the existing traffic counts and LOS calculations, and a
summary of the Nexus and traffic improvements required.
91. The Developer shall construct the northerly half street improvements in Nichols Road (120'
R/W) adjacent to the County of Riverside +/ -598 acre property from the easterly project
boundary of VTTM 35001 to the westerly boundary of VTTM 30836 prior to the 800th
residential Certificate of Occupancy of VTTM 35001.
92. The developer shall construct full width street improvements and dedicate the right of way on
Alberhill Ridge Road, "A" to "H ", "J" to "M ", "Q ", "R ", "U" to "Z" as shown on the map and /or per
design guidelines in the Specific Plan. "B" Street shall be constructed and dedicated as a 90
ft right -of -way, with a 14 ft median, and two (2) 20 foot travel lanes as shown on the tentative
map. Streets "A" and "C" shall be constructed and dedicated as a 54 foot right -of -way, 40 foot
roadway consistent with the tentative map with flared (widened) roadway at the intersections
as approved to the satisfaction of the City Engineer.
93. Street improvement plans shall be prepared by a Registered Civil Engineer and the plans
shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and
drainage improvements.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
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VESTING TENTATIVE TRACT MAP NO. 35001
94. The developer shall provide signing and striping plans for the required improvements of this
project. The plans shall also incorporate traffic calming measures on local streets.
95. If existing improvements are to be modified, the existing improvement plans on file shall be
modified accordingly and approved by the City Engineer.
Perm itting /Construction
96. An Encroachment Permit shall be obtained prior to any work on City and /or State right -of -way.
The developer shall submit the permit application, required fees and executed agreements,
security and other required documentation prior to issuance.
97. All compaction reports, grade certifications, monument certifications (with tie notes delineated
on 8 Y2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of
public works improvements will be scheduled and approved.
98. The developer shall be responsible for acquiring right -of -ways in which the developer or the
City has no legal title or interest. If the developer is unsuccessful in acquiring such right -of-
ways, the City could assist the developer in the Eminent Domain process at developer's cost.
99. All streets shall be constructed per Lake Elsinore City Standards and /or applicable specific
plan. Any deviation from City standards shall be approved by the City Engineer.
Acceptance of Improvements
100. 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 reimbursement or credits shall
be approved by the City Engineer and based on allowable costs in the fee program and
availability of funds.
101. The developer shall submit a written request for acceptance to the City Engineer.
102. As -built plans shall be completed and signed by the City Engineer.
GRADING
Design:
103. A grading plan signed and stamped by a California Registered Civil Engineer shall be
submitted for City review and approval for all addition and /or movement of soil (grading) on
the site. The plan shall include separate sheets for erosion control, haul route and traffic
control. The grading submittal shall include all supporting documentation and be prepared
using City standard title block, standard drawings and design manual (available at www.lake-
elsinore.org).
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
PAGE 13 OF 15
VESTING TENTATIVE TRACT MAP NO. 35001
104. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate
existing drainage pattern.
105. The grading plan shall show that no structures, landscaping, or equipment are located near
the project entrances that could reduce sight distance.
106. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a
Hydrology and Hydraulic Report for review and approval by City Engineer shall be required
prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or
topography shall be approved by the City Engineer.
107. A seismic study shall be performed on the site to identify any hidden earthquake faults,
liquefaction and /or subsidence zones present on -site. A certified letter from a registered
geologist or geotechnical engineer shall be submitted confirming the absence of this hazard.
108. The developer shall obtain all necessary off -site easements and /or permits for off -site grading
and /or drainage acceptance from the adjacent property owners.
Perm it/Construction:
109. Developer shall execute and submit grading and erosion control agreement, post grading
security and pay permit fees as a condition of grading permit issuance.
110. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is
required prior to commencement of ANY grading activity.
111. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge
Identification (WDID) letter issued by the Regional Water Quality Control Board for the
National Pollutant Discharge Elimination System (NPDES) program
112. Prior to commencement of grading operations, developer is to provide to the City with a map
of all proposed haul routes to be used for movement of export material. All such routes shall
be subject to the review and approval of the City Engineer. Haul route shall be submitted prior
to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City
Council. (LEMC 15.72.065)
113. Export sites located within the Lake Elsinore City limits must have an active grading permit.
114. Applicant to provide to the City a video record of the condition of all proposed public City haul
roads. In the event of damage to such roads, applicant shall pay full cost of restoring public
roads to the baseline condition. A bond may be required to ensure payment of damages to
the public right -of -way, subject to the approval of the City Engineer.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
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VESTING TENTATIVE TRACT MAP NO. 35001
115. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper
than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the
City.
116. Submit an approved environmental clearance document to the Engineering Division. This
approval shall identify and clear all proposed grading activity anticipated for this project.
117. Developer shall pay all grading permit applicable processing, permit, security and
development fees including those fees identified in the Development Agreement or VTTM No.
35001
PRIOR TO ISSUANCE OF BUILDING PERMIT
118. Provide final soils, geology and seismic report, including recommendations for parameters for
seismic design of buildings, and walls prior to building permit.
119. All required public right -of -way dedications and easements shall be prepared by the developer
or his agent and shall be submitted to the Engineering Division for review and approval prior
to issuance of building permit.
120. Prior to issuance of certificates of use and occupancy or building permits for individual tenant
improvements or construction permits for a tank or pipeline, uses shall be identified and, for
specified uses (where the proposed improvements will store, generate or handle hazardous
materials in quantities that will require permitting and inspection once operational), the
developer shall propose plans and measures for chemical management (including, but not
limited to, storage, emergency response, employee training, spill contingencies and disposal)
to the satisfaction of the County /City Building Official(s).
121. The applicable phased Final Map shall be recorded.
122. 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.
123. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan
Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
124. Comply with the recommendations of the approved Traffic Study Report.
125. All signing and striping and traffic control devices for the required improvements of this
development shall be installed.
Planning Commission Approved
October 16, 2012
CONDITIONS OF APPROVAL
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VESTING TENTATIVE TRACT MAP NO. 35001
126. 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.
127. In the event of damage to City roads from hauling or other construction related activity,
applicant shall pay full cost of restoring public roads to the baseline condition. All hauling
activity shall comply with the City's Grading Ordinance.
128. All final studies and reports, grade certifications, monument certifications (with tie notes
delineated on 8'/2 x 11" mylar) shall be submitted in .tif format on a CD /DVD. Studies and
reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc.
129. All plan sets and recorded maps shall be digitized and provided on CD /DVD as follows:
• Final Map(s) - GIS Shape files" and .tif of recorded map.
• Improvement Plans — GIS Shape files" and .tif of approved as built mylar.
• Grading Plans - .tif of approved as built mylar.
• GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California
Zone VI U.S. Fleet.
130. Documentation of responsibility for slope maintenance along right -of -ways and open spaces
to be maintained by the City LLMD or CFD shall be applied for prior to occupancy /final.
131. Developer shall pay all outstanding applicable processing and development fees including but
not all inclusive: MSHCP, TIF, and area drainage prior to occupancy /final approval in
accordance with the Development Agreement dated
Planning Commission Approved
October 16, 2012