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HomeMy WebLinkAboutItem No. 4CITY OF LAKE rr 5 LSIfiORE DRAM EXTREME- CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE PLANNING MANAGER DATE: JULY 16, 2013 PROJECT: SPECIFIC PLAN AMENDMENT NO. 2013 -02 - THE TENTH AMENDMENT TO THE EAST LAKE SPECIFIC PLAN TO (1) CHANGE THE LAND USE DESIGNATION OF PLANNING AREA 46 FROM OPEN SPACE TO RESIDENTIAL -1 WHICH ALLOWS UP TO 6 DWELLING UNITS PER ACRE. THE TOTAL NUMBER OF RESIDENTIAL UNITS IN THE APPROVED EAST LAKE SPECIFIC PLAN WILL NOT CHANGE; AND (2) TO AMEND THE DESIGN REVIEW PROCESS TO DESIGNATE THE PLANNING COMMISSION AS THE FINAL DECISION -MAKER ON RESIDENTIAL DESIGN REVIEW PROJECTS. AMENDMENT TO TENTATIVE TRACT MAP NO 31920 - CONSISTENT WITH THE PROPOSED SPECIFIC PLAN AMENDMENT CHANGE IN THE LAND USE DESIGNATION OF PLANNING AREA 46 FROM OPEN SPACE TO RESIDENTIAL - 1 WHICH ALLOWS UP TO 6 DWELLING UNITS PER ACRE; AN AMENDMENT TO TENTATIVE TRACT MAP NO. 31920 IS PROPOSED TO CREATE 26 SINGLE - FAMILY RESIDENTIAL LOTS. ENVIRONMENTAL CLEARANCE FOR THE PROJECTS ARE PROVIDED BY THE FINAL EIR FOR THE EAST LAKE SPECIFIC PLAN, IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). OWNER: BRIAN MILICH, MCMILLIN SUMMERLY, LLC PO BOX 85104, SAN DIEGO, CA 92186 APPLICANT: JEREMY KROUT, RGP PLANNING & DEVELOPMENT SERVICES, 8921 RESEARCH DRIVE, IRVINE, CA 92618 PC July 16, 2013 Item No. 4 Page 1 of 32 PLANNING COMMISSION STAFF REPORT SPA No. 2013 -02 & REVISED TTM NO. 31920 FOR SUMMERLY JULY 16, 2013 PAGE 2 OF 7 Proiect Request The applicant is requesting approval of East Lake Specific Plan (ELSP) Amendment No. 10 and Revised Tentative Tract Map (TTM) No. 31920. The Specific Plan Amendment (SPA 10) proposes to change the land use of Planning Area 46 (PA 46) from Open Space to Residential -1 to allow for residential use and also amend the Design Review process so that the City Planning Commission serves as the approving authority and the City Council serves as the appeal body. Revised Tentative Tract Map No. 31920 would implement the requested change in land use for PA 46 by subdividing the area to create residential lots. Proiect Location PA 46 is located in the Recreation Village District, southwest of the Links at Summerly Golf Course facility and in the central area of the ELSP. The proposed amendments to the Design Review process, pursuant to ELSP Section IX — Administration of the Specific Plan, would apply to future Design Review applications for the entire East Lake Specific Plan area. Environmental Setting To the west of the site are recreational open space areas that make up the Links at Summerly Golf Course. The rest of the surrounding areas will be developed with detached single - family residential units with some passive use parks that are designed as part of the neighborhood communities. Project Site PA 46 of ELSP Open Space, ELSP Specific Plan North Vacant land Residential 1, ELSP Specific Plan South Vacant Land Residential 1, ELSP Specific Plan East Vacant Land Residential 1, ELSP Specific Plan West Recreational Golf Course Open Space, ELSP Specific Plan Background The ELSP was adopted by the City in 1993 and originally included 3,000 acres that would allow for a total of up to 9,000 residential units. There were nine subsequent amendments to the Specific Plan that were approved and adopted. Below is a list of each of the Specific Plan Amendments and a brief description of what each amendment accomplished: PC July 16, 2013 Item No. 4 Page 2 of 32 PLANNING COMMISSION STAFF REPORT SPA No. 2013 -02 & REVISED TTM NO. 31920 FOR SUMMERLY JULY 16, 2013 PAGE 3OF7 • SPA 1: Consolidated and reconfigured land uses within Phase I of a portion of the Recreation Village District, which included removing land from the Marina District. Land allocated to open space increased and the amount allocated to commercial and residential development decreased, thereby reducing the overall allowable dwelling unit count. Infrastructure improvement plans were also modified to accommodate the amended land uses. • SPA 2: Redistributed land uses within Phase I of the Recreation Village District and the southern portion of the Marina District. This amendment increased the percentage of land allocated for wetland mitigation area and open space and reduced the total residential and mixed use acreages even further. Certain areas of SPA 2 in the Recreation Village District were superseded by SPA 6 or SPA 8 • SPA 3: Removed three parcels from the ELSP and changed their Land Use Designation from Specific Plan to Limited Industrial. • SPA 4: Removed one parcel from the ELSP and changed its Land Use Designation from Specific Plan to Limited Industrial. • SPA 5: Removed 77 acres from the Marina District of the ELSP for the "Waters Edge" project, a mixed use development of marina commercial and residential development. • SPA 6: Redistributed land uses and eliminated a portion of the circulation loop within Phase I of the Recreation Village District. The overall residential yield of the ELSP was reduced with SPA 6 from the original 9,000 units in the original adoption of the ELSP to 7,975 dwelling units. • SPA 7: Removed one parcel from the ELSP and changed its Land Use Designation from Specific Plan to Limited Industrial. • SPA 8, approved in December 2005: Redistributed the land use allocation and circulation roadways within the southeasterly portion of the Recreation Village District and further reduced the overall residential yield from 7,975 units to a maximum of 7,389 units. • SPA 9: Removed approximately 86 acres from the ELSP and place the majority of the acreage within a new specific plan, called the Diamond Specific Plan. The Land Use Designation for an additional ten acres that was in the northeast portion of the ELSP but not included in the Diamond Specific Plan was changed from Specific Plan to Commercial Mixed -Use. Project Description Specific Plan No. 2013 -02 - Amendment No. 10 to the East Lake Specific Plan SPA 10 proposes to change the land use designation of four acres within the Recreation Village District of the ELSP and modify the Design Review Process. SPA 10 only proposes changes to the originally adopted 1993 ELSP and SPA 6, the latter of which was limited to the Recreation Village District of the ELSP. As such, SPA 10 does not supersede other Specific Plan Amendments that have amended land uses in other portions of the Specific Plan area. PC July 16, 2013 Item No. 4 Page 3 of 32 PLANNING COMMISSION STAFF REPORT SPA No. 2013 -02 & REVISED TTM NO. 31920 FOR SUMMERLY JULY 16, 2013 PAGE 4OF7 For example, SPA 9 removed land from the ELSP and updated tables to reflect such changes; however, SPA 10 does not propose any changes to tables that are reflective of the acreage change associated with SPA 9. The proposed land use change that SPA 10 proposes for PA 46 would however, supersede the figures and tables that were part of SPA 6. As described in more detail below, SPA 10 to the ELSP proposes to accomplish two changes - it will modify the allowed land use of about four acres of PA 46 from Open Space to Residential -1 and it will allow Design Review applications to be considered and approved by the City Planning Commission with an available appeal process to the City Council. In addition, SPA 10 describes the enhanced recreational amenities planned on PA 42. Residential -9 Zone for PA 46 and Enhanced Recreational Amenities on PA 42 As part of ELSP SPA 6, a recreation facility was considered for PA 46. However, on April 10, 2012 the City Council determined that a larger improved "regional park" within other areas of the ELSP is preferred over dispersed parks of limited size due to higher maintenance costs and less functionality in the latter condition. Therefore, the City Council approved a Park Implementation Agreement that conveyed to McMillin Summerly, LLC approximately 4.8 acres, which included PA 46 plus some additional area and stated that the site is not necessary to serve a public park purpose. SPA 10 would change the land use of PA 46 to Residential -1, allowing a density of up to six dwelling units per acre, and permit the construction of 24 additional residential units. However, as indicated below, the Revised TTM No. 31920, only 17 lots are proposed. SPA 10 also modifies the description of the recreational amenities planned on PA 42 to reflect the relocation of the recreational facility to that Planning Area. The approved total of 7,389 residential units in the entire ELSP will not change with the approval of SPA 10. Additionally, the circulation and utility infrastructure in the Recreation Village District will not change with the approval of the proposed SPA 10. Design Review Process SPA 10 also proposes amendments to Section IX, Administration of the Specific Plan. Changes are requested to allow the City Planning Commission to be the decision -maker for Design Review applications within the Specific Plan, with an available appeal process to the City Council. This change in the Design Review Process for the ELSP area would be consistent with the Design Review process of other specific plans in the City, which identifies the Planning Commission as the approving authority and the City Council as the appeal body. PC July 16, 2013 Item No. 4 Page 4 of 32 PLANNING COMMISSION STAFF REPORT SPA No. 2013 -02 & REVISED TTM NO. 31920 FOR SUMMERLY JULY 16, 2013 PAGE 5OF7 The SPA 10 document, provided as Attachment 4 to this report, includes a section that lists specific amendments to the originally adopted 1993 ELSP and /or to ELSP SPA 6. The revisions identified in the SPA 10 document collectively implement the two changes described above. The SPA 10 document provides a brief summary of the ELSP section that is being affected, identifies the Specific Plan Sections that will be amended, and discusses the amended text and exhibits. Specific text and exhibit amendments are listed in SPA 10, starting on page 3 of the SPA 10 document. It should be noted that the proposed SPA 10 does not supersede adopted land use amendments associated with other Specific Plan Amendments. Revised Tentative Tract Map No. 31920 Consistent with the requested Specific Plan Amendment No. 10, Revised Tentative Tract Map No. 31920 was submitted to propose subdividing PA 46 (referred to as Parcel 27 on the Revised Tentative Tract Map) for residential use. Seventeen residential lots will be created by the subdivision of PA 46. The minimum lot size will be 6,000 square feet and the maximum lot size will be 11,862 square feet. The subdivision is designed around a "T "- shaped street with cul -de -sacs at the ends and connects to internal local streets within the Summerly community. The proposed street design is consistent with approved tract map's local street section with two travel lanes, parking and sidewalks on both sides of the street. Analysis Staff has reviewed the SPA No. 10 document and Revised Tentative Tract Map No. 31920 and has no concerns or objections to the proposed residential use on PA 46/ or the requested process change related to Design Review applications, should the recommended Conditions of Approval be satisfied. The proposed project is consistent with the General Plan Land Use Element, the intent and purposes of ELSP. SPA 10 — Residential -1 Zone for PA 46 and Enhanced Recreational Amenities on PA 42 With the consolidation and enhancement of open space and recreation amenities on PA 42, there is no longer a need for a recreation facility on PA 46. The recreation facilities on PA 42 will be centrally located in the Recreation Village District, making them more readily accessible to future residents of this planned community. Because PA 46 is no longer needed for open space or recreation use, the site is available to be developed with other uses. Therefore, the McMillin Summerly, LLC proposes to change the land use on PA 46 from Open Space to Residential -1. SPA 10 would also change the description of the planned recreation uses on PA 42. Surrounding PA 46 to the north, south and east are properties designated Residential -1, which have been subdivided into residential lots. SPA No. 10 will allow a residential use PC July 16, 2013 Item No. 4 Page 5 of 32 PLANNING COMMISSION STAFF REPORT SPA No. 2013 -02 & REVISED TTM NO. 31920 FOR SUMMERLY JULY 16, 2013 PAGE 6OF7 and density consistent with the surrounding properties without increasing the maximum 7,389 of allowed units in the ELSP. The change in land use will also not significantly affect the ELSPs ratio of open space and recreation area per household. The proposed change of the approving authority for Design Review applications to all would improve the efficiency of processing future applications and make the process more consistent with processes of other specific plan areas that identify the Planning Commission as the approving body for Design Review applications. The proposed Revised TTM 31920 proposes 17 residential lots that are a minimum of 6,000 square feet. The resulting density would be 4.25 units per acre, which is below the 6 units per acre allowed by the Residential -1 zoning. The minimum lot size and density associated with the Revised TTM 31920 are consistent and compatible with the surrounding existing lots that were created by the approved TTM 31920. Further, the proposed design of the subdivision is also consistent with the existing surrounding lots in terms of lot layout through the use of cul -de -sacs and existing street standards. The Revised TTM 31920 will not change or require the expansion of the existing main circulation or utility infrastructure systems other than to allow direct access to the proposed lots. Environmental Determination CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental document is necessary. Section 15162 states that when an environmental document has already been adopted for a project, no subsequent environmental document is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project. A Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present changes or new information regarding the potential environmental impacts of development. No additional CEQA documentation is necessary. Staff has determined that the proposed project is covered by the SEIR associated with Amendment Six of the ELSP, which was certified with the City Council's adoption of Resolution No. 2004 -50. The proposed project is consistent with the City of Lake Elsinore Municipal Code and does not conflict with the findings and discussions contained in the SEIR. Therefore, no additional environmental clearance is necessary. PC July 16, 2013 Item No. 4 Page 6 of 32 PLANNING COMMISSION STAFF REPORT SPA No. 2013 -02 & REVISED TTM NO. 31920 FOR SUMMERLY JULY 16, 2013 PAGE 7OF7 Recommendation Staff recommends that the Planning Commission: 1. Adopt Resolution No. 2013-; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore approval of Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan, subject to the recommended Conditions of Approval. 2. Adopt Resolution No. 2013- ; Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of a Revision to Tentative Tract Map No. 31920, subject to the recommended Conditions of Approval. Prepared By: Kirt A. Coury Project Planner Approved By: Richard J. MacHott, LEED Green Associate Planning Manager Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. Applicant's East Lake Specific Plan Amendment 10 Letter of Justification 5. Specific Plan No. 2013 -02 — East Lake Specific Plan Amendment No. 10 Document 6. Revised Tentative Tract Map No. 31920 PC July 16, 2013 Item No. 4 Page 7 of 32 VICINITY MAP SPECIFIC PLAN AMENDMENT NO 2013 -02 /_1&l: a01l91I•il: 4►1a rem a9 LTA Ecri�y��� YLIiESTER I �� ST PROJECT SITE x cFR sT MALAGA RD r" rll" 1111111 111 j� 1 I� 811 ISIN MKI pop PC July 16, 2013 Item No. 4 Page 8 of 32 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF SPECIFIC PLAN AMENDMENT NO. 2013 -02, AMENDMENT NO. 10 TO THE EAST LAKE SPECIFIC PLAN WHEREAS, Brian Milich, McMillin Communities, has filed an application with the City of Lake Elsinore requesting approval of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan (the "Project "); and WHEREAS, the project site is generally located southwest of the Links al Summerly Golf Course facility and in the central area of the East Lake Specific Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of specific plans and any amendments thereto; and WHEREAS, public notice of the Project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 16, 2013. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND -ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) and Chapter 17.204 of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et se q. of the California Government Code and Section 17.204 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan PC July 16, 2013 Item No. 4 Page 9 of 32 PLANNING COMMISSION RESOLUTION NO. 2013-_ PAGE 2OF5 Amendment complies with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed location shall allow the development to be well- integrated with or adequately buffered from its surroundings, whichever may be the case. The Project is appropriate to the site and surrounding developments in that implementation of the Project will result in an improved design that consolidates the recreation facility location with an area that was already intended to be developed as a central neighborhood park for open space use. The relocation of the recreation facility onto PA 42 will centralize and thereby improve the location of multiple recreational amenities for future residents. In addition, the amendment also proposes to allow the Design Review Process to be considered and action be taken by the City Planning Commission, with an available appeal process to the City Council. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The width and type of pavement needed to carry the type and quantity of traffic generated that will result from implementation of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan has been reviewed and accounted for. The City has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 4. The Specific Plan Amendment shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by the Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. PC July 16, 2013 Item No. 4 Page 10 of 32 PLANNING COMMISSION RESOLUTION NO. 2013 - PAGE3OF5 Specific Plan No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. Amendment No. 10 to the East Lake Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the amendment will result in an improved design that consolidates the recreation facility location with an area that was already intended to be developed as a central neighborhood park for open space use. The relocation of the recreation facility onto PA 42 will centralize and thereby improve the location of multiple recreational amenities for future residents. 5. The overall design of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan will produce an attractive, efficient and stable development. Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan has been designed in consideration of the size and shape of the property, thereby, strengthening and enhancing the immediate areas. The Project will complement the quality of neighboring existing and future uses by creating visually - pleasing development. Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the Project or within the City, nor will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Specific Plan Amendment No. 10 and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. PC July 16, 2013 Item No. 4 Page 11 of 32 PLANNING COMMISSION RESOLUTION NO. 2013 - PAGE 4 OF 5 Environmental clearance and analysis for the proposed application is provided by a Supplemental Environmental Impact Report (SEIR) which was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present changes or new information regarding the potential environmental impacts of development. No further environmental clearance is necessary. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends approval of Specific Plan Amendment No. 2013 -02, Amendment No. 10 to the East Lake Specific Plan. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 16th day of July 2013. Rick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 - as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of July 2013, and that the same was adopted by the following vote: PC July 16, 2013 Item No. 4 Page 12 of 32 PLANNING COMMISSION RESOLUTION NO. 2013 -_ PAGE 5 OF 5 AYES NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Green Associate Planning Manager PC July 16, 2013 Item No. 4 Page 13 of 32 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF A REVISION TO TENTATIVE TRACT MAP NO. 31920. WHEREAS, Brian Milich, McMillin Communities, has filed an application with the City of Lake Elsinore requesting approval of a revision to Tentative Tract Map No. 31920 for a project site located within the East Lake Specific Plan (the "Project "); and, WHEREAS, the project site is generally located southwest of the Links at Summerly Golf Course facility and in the central area of the East Lake Specific Plan; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for revisions to Tentative Tract Maps; and, WHEREAS, on July 16, 2013 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed the revision to Tract Map No. 31920 pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. The Planning Commission hereby finds and determines that the revision to Tentative Tract Map No. 31920 is subject to the California Environmental Quality Act (Public Resources Code §§ 21000 et seq.: "CEQA ") and the Guidelines for Implementation of CEQA (14 California Code of Regulations §§ 15000 et seq.: "CEQA Guidelines "). Specifically, the Planning Commission finds that the Project Supplemental Environmental Impact Report (SEIR) was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH No. 2003071050). The SEIR evaluated environmental impacts that would result from maximum build -out of the Specific Plan. The Project does not present changes or new information regarding the potential environmental impacts of development. No additional CEQA documentation is necessary. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of a revision to Tentative Tract Map No. 31920: 1. The proposed subdivision, together with the provisions for its design and PC July 16, 2013 Item No. 4 Page 14 of 32 PLANNING COMMISSION RESOLUTION NO. 2013 - PAGE 2 OF 3 improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The General Plan designates the site for a mixed land use Specific Plan. Consistent with that designation, the revised Tract Map can accommodate future residential land uses. The Tract Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, the East Lake Specific Plan and Subdivision Map Act. 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The revised Tract Map is consistent design standards, and programs, contained in the General Plan. The consistent with the residential land u. development and design standards. with the land use plan, development and and all other appropriate requirements revised Tentative Tract Map No. 31920 is yes within the specific plan and applicable 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts because it is not for development purposes but only for parcel conveyances for financing purposes. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council approve the revision to Tentative Tract Map No. 31920. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, this 16th day of July, 2013. Rick Morsch, Chairman City of Lake Elsinore PC July 16, 2013 Item No. 4 Page 15 of 32 PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 3 OF 3 ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 - as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 16th day of July 2013, and that the same was adopted by the following vote: AYES NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Green Associate Planning Manager PC July 16, 2013 Item No. 4 Page 16 of 32 CONDITIONS OF APPROVAL FOR SPECIFIC PLAN AMENDMENT NO. 2013 -02 AND A REVISION TO TENTATIVE TRACT MAP NO. 31920 LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN GENERAL CONDITIONS The proposed project (Revised Tentative Tract Map No. 31920) is for the subdivision of Planning Area 46 of the East Lake Specific Plan (ELSP), which consists of approximately 4 acres, into 17 individual lots for property located in the Recreation Village District of the ELSP to allow for a total of 100 individual lots for Parcels 26 and 27. The project also identifies Parcel 19 as the Recreation Center Lot. 2. The applicant/developer shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto. 3. This project shall comply with the applicable Conditions of Approval of Tentative Tract Map No. 31920. PLANNING DIVISION 4. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 5. Applicant shall comply with all applicable Conditions of Approval of previously approved Tentative Tract Map No. 31920, a copy of which is attached, some of which may be repeated herein. 6. At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate Native American Tribal Representative (Representative) to notify the Representative of the initiation of the grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Representative to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the responsibilities and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites and human remains discovered on the site. *It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe due to prior and extensive coordination with the City in determining potentially significant impacts and appropriate mitigation measures due to its demonstrated cultural affiliation with the project area. 7. All lots shall comply with minimum standards contained in ELSP as amended and if applicable, standards of the LEMC that are not specified in the ELSP. Planning Commission July 16, 2013 PC July 16, 2013 Item No. 4 Page 17 of 32 CONDITIONS OF APPROVAL FOR SPECIFIC PLAN AMENDMENT NO. 2013 -02 AND A REVISION TO TENTATIVE TRACT MAP NO. 31920 LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN 8. The developer shall comply with any application Mitigation Measures from the Mitigation Monitoring Program (MMP) that was adopted as part of the previously certified SEIR, associated with the East Lake Specific Plan Amendment No. 6 (SCH # 2003071050). 9. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. 10. Applicant shall comply with all requirements of the Riverside County Fire Department. 11. Applicant shall pay all applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to the issuance of building permits. 12. Applicant shall meet all requirements of the providing electric utility company. 13-Applicant shall meet all requirements of the providing gas utility company. 14.Applicant shall meet all requirements of the providing telephone utility company. 15.Applicant shall provide a bond to guarantee the removal of all trailers used during construction. 16. The City's Noise Ordinance shall be met during all site preparation and construction activity. Construction shall not commence earlier than 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING DIVISION 17. This project shall comply with the applicable Conditions of Approval of Tentative Tract Map No. 31920, a copy of which is attached. 18.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 19. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 20. Prior to the issuance of any building permits, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. Planning Commission July 16, 2013 PC July 16, 2013 Item No. 4 Page 18 of 32 CONDITIONS OF APPROVAL FOR SPECIFIC PLAN AMENDMENT NO. 2013 -02 AND A REVISION TO TENTATIVE TRACT MAP NO. 31920 LOCATED WITHIN THE EAST LAKE SPECIFIC PLAN FIRE CONDITIONS 21. This project shall comply with the applicable Conditions of Approval of Tentative Tract Map No. 31920, a copy of which is attached. Planning Commission July 16, 2013 PC July 16, 2013 Item No. 4 Page 19 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 Italics indicate addition to text, strikethrough indicates removal from text. PLANNING DIVISION General Conditions 1. Tentative Tract Map No. 31920 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and /or Section 12.12 of the 2004 Amended Development Agreement between the City and Laing Homes. Additional extensions of time shall be granted as provided in Section 12.12 of the Development Agreement. Tentative Traet MG 2. Future development shall comply with those standards and guidelines contained in the East Lake Specific Plan Amendment No. 6 document and conditions of approval established with the original 1993 East Lake Specific Plan and East Lake Specific Plan Amendment No. 6. 3. Tentative Tract Map No. 31920 shall comply with the State of California Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the 2004 1994 Amended Development Agreement between the City and Laing Homes. All references to the 1994 Amended Development Agreement shall be 2004. 5. The applicant shall provide all project - related onsite and offsite improvements as described in the original 1993 East Lake Specific Plan and as superceded by the East Lake Specific Plan Amendment No. 6 document. 6. The applicant shall implement appropriate mitigation measures contained in the Mitigation Monitoring Programs for the original 1993 East Lake Specific Plan Final Environmental Impact Report and the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6. 7. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. PC July 16, 2013 Item No. 4 Page 20 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) 8. The applicant shall comply with those conditions of approval required by the Fire Department (see attached). The attached conditions require implementation prior to Final Map recordation, Grading Permit issuance, or Building Permit issuance. Major conditions include: • The applicant shall participate in the Development Impact Fee Program as adopted by the City of Lake Elsinore as of the date established by the Development Agreement • All water mains and fire hydrants shall be constructed in accordance with Riverside County Ordinance No. 460 and /or No. 787.1. • Prepare a Fuel Modification Plan, subject to approval by the Fire Department. • The Homeowner's Association shall be responsible for implementing the Fuel Modification Plan. • The project shall provide an alternate or secondary access. 9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, Consultants or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the East Lake Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 10. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 7:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 11. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12. All Conditions ofApproval are subject to the terms and limitations of the 2004 Amended Development Agreement between the City ofLake Elsinore and Laing Homes. Prior to Final Tract Map Approval 13. All lots shall comply with applicable standards contained in the East Lake Specific Plan Amendment No. 6 document and Municipal and Zoning Codes. PC July 16, 2013 Item No. 4 Page 21 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) 14. A precise survey with closures for boundaries and all lots shall be provided per the Lake Elsinore Municipal Code. 15. Street names within the subdivision shall be approved by the Community Development Director or Designee. 16. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 17. Prior to approval of the Final Map or if deemed appropriate by the Community Development Director or designee, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC &Rs). At a minimum, the CC &Rs shall include language to ensure the HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, drainage easements, all right -of -way landscaping, medians, slopes, walls, and focal parks. 18. Prior to Final Map approval, the applicant shall submit a Detailed Phasing, Improvement and Phasing Plan for the entire Tentative Tract Map No. 31920 area, subject to approval by the Community Development Director and Engineering Manager, or designee. Prior to Design Review Approval 19. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the Fire Department. 20. All future structural development associated with the East Lake Specific Plan Amendment No. 6, including subdivision maps require separate Design Review approval. 21. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire East Lake Specific Plan Amendment No. 6 and TTM No. 31920 area. Said plan shall show that decorative, masonry, concrete block walls will be constructed around the boundaries of each phased area. 22. The applicant (master developer) shall prepare a signage program which illustrates community theme signage, directional signs, monuments, etc. Prior to Grading Permit Issuance 23. 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. PC July 16, 2013 Item No. 4 Page 22 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) 24. Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the East Lake Specific Plan Amendment No. 6 document. 25. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 26. Grading easements shall be coordinated with affected property owners. 27. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 28. 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 Engineering Manager and the Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 29. The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in- lieu -of fees, or a combination of both. 30. The applicant shall annex into Landscape and Street Lighting Maintenance District No. 1 to offset the cost of the City maintaining the street lighting. As indicated, the HOA shall maintain all right -of -way landscaping, medians, parkways, slopes and focal parks. 31. The applicant shall annex into Community Facilities District 2003 -01 related to the City -Wide Community Facilities District for Public Safety to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 32. The applicant shall pay all appropriate traffic impact mitigation fees. 33. The applicant shall pay appropriate TUMF fees or construct the necessary improvements along the I -15 Freeway at Railroad Canyon Road and acquire approval for any TUMF reimbursement from WRCOG, RCTC, and the City. 34. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. PC July 16, 2013 Item No. 4 Page 23 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) 35. 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. 36. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 37. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 38. Pay all applicable fees including park fees. 39. 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 EVMWD. 40. Prior to issuance of building permits for each future tract, the applicant or merchant builder for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that decorative, masonry, concrete block walls will be constructed around each tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all 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. 41. 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 applicant and /or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 42. The applicant shall meet all requirements of the providing electric utility company. 43. The applicant shall meet all requirements of the providing gas utility company. 44. The applicant shall meet all requirements of the providing telephone utility company. 45. A bond is required guaranteeing the removal of all trailers used during construction. 46. Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. PC July 16, 2013 Item No. 4 Page 24 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) Prior to Certiilcate of Occwancy Issuance 47. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along project and perimeter streets and other connecting roads shall be applied to minimize fugitive dust generation. 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. ENGINEERING DIVISION 48. Applicant shall incorporate the recommendations of the traffic study — Southerly (Tentative Tract 31920) Traffic Phasing Analysis City of Lake Elsinore, California, dated February 6, 2004, pages 1 -6 through 1 -24 (attached) and as modified, added, or deleted as follows: • Applicant shall construct a traffic signal at Diamond Drive and south "C" Street prior to the school opening or issuance of the 50th certificate of occupancy. • Applicant shall NOT construct Railroad Canyon Road at Summerhill Dr - NB right turn lane as described in the Traffic Study. (This improvement is scheduled for construction 2004/2005) • A bond shall be submitted and maintained for the improvements to Railroad Canyon Road at I -15 NB ramps until such a time that the pending Caltrans Project Report identifies the specific interchange improvements. Availability for reimbursement for these improvements shall be subject to approval from WRCOG, RCTC and the City. • Applicant shall construct the traffic signal at Main Street and Lakeshore Drive as indicated in the Traffic report. The signal shall be operational prior to issuance of the 250th certificate of occupancy. • Applicant shall construct the traffic signal at Mission Trial and Olive Street as indicated. The signal shall be operational prior to issuance of the 300th certificate of occupancy. • Applicant shall construct the traffic signal at Mission Trial and Lemon Street as indicated in the traffic study. The signal shall be operational prior to issuance of the 300th certificate of occupancy. • Applicant shall install the traffic signal at Bundy Canyon Road /I -15 Freeway ramps. This improvement is not in the City's TIF; fee credit agreements will not apply. The signal shall be operational prior to the issuance of the 501st certificate of occupancy. PC July 16, 2013 Item No. 4 Page 25 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) • Applicant shall install the traffic signal at Mission Trail and Elberta Road as indicated in the traffic study. The signal shall be operational prior to the issuance of the 50th certificate of occupancy. • Applicant shall construct Mission Trail including a raised median as indicated in the traffic study. • Applicant shall construct Malaga Road as indicated in the traffic study. A raised median shall be included with the improvements. • The project Specific Plan Amendment TrafRc Study does not identify the Diamond Drive alignment improvement from Campbell Street to Lakeshore Drive /Mission Trail as a project offsite mitigation measure, but project TIF funds may be focused on this improvement. • Applicant shall construct the extension of Diamond Drive through the project. The cross section shall conform to the recommendations in the approved traffic study. • Applicant shall provide an alignment study for Bundy Canyon Road from the project's east boundary to Corydon Street as directed and approved by the City Engineering Manager. • Internal streets as shown on Tentative Tract Map 31920 shall comply with the approved roadway cross sections shown in the traffic study document. 49. Per Ordinance 1105 as interpreted by the Flood Plain Plane Administrator, the minimum foundation elevation shall be 1267. No foundation or basement Pad shall be constructed below this elevation unless approved by the City Engineering Manager. 50. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 51. All Capital Improvement, Mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85 -26). 52. A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 53. All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). PC July 16, 2013 Item No. 4 Page 26 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) 54. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 55. Pay all fees and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 56. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 -1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 57. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 58. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 59. Applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 60. Applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineering Manager. 61. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 62. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes "No Parking" and "Street Sweeping" signs for streets within the tract. 63. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or applicant to pay $300 per sheet for City digitizing. 64. All utilities except electrical power lines greater than 12KV shall be placed underground, as approved by the serving utility. 65. Applicant shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineering Manager. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 66. Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. PC July 16, 2013 Item No. 4 Page 27 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) 67. An Alquist- Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 68. All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 69. Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non - historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. 70. On -site drainage facilities located outside the road right -of -way shall be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 71. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineering Manager. 72. Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineering Manager and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 73. All drainage facilities in this tract shall be constructed to Riverside County= Flood Control District Standards. 74. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineering Manager. 75. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 76. 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. If either of these criteria is exceeded, additional drainage facilities shall be installed. 77. Applicant shall be subject to all Master Planned Drainage fees as of the date of the 2004 Amended Development Agreement.. Staff will review the potential for fee credit for all Master Planned Drainage facilities constructed. PC July 16, 2013 Item No. 4 Page 28 of 32 REVISED CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 (Continued) 78. Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. 79. 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. 80. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 81. Applicant shall provide for first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 83. Applicant shall provide a traffic study prepared by a traffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the CitST Engineering Manager. 84. Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. 85. Applicant shall annex into the Landscape and Street Lighting Maintenance District No. 1 to maintain the storm drain system, including the detention basin and storm drain inlets. Appheant shaH form an Asseeiation that shaH maintain the storm drain syste ineluding the detention basin and storm drain inlets. 86. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact 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. PC July 16, 2013 Item No. 4 Page 29 of 32 East Lake Specific Plan Amendment (SPA) 10 Letter of Justification Introduction The proposed amendment (SPA 10) to the East Lake Specific Plan (ELSP) would accomplish two important changes: 1) Modification of the allowed use on Planning Area (PA) 46, which constitutes approximately four acres, from Open Space to Residential 1 in the Recreation Village District area. This change is proposed because the recreation facility that was previously planned in this location was relocated to PA 42. 2) Allow the Design Review process to be considered and approved by the City Planning Commission with an available appeal process to the City Council. General Plan Consistency The proposed amendment is consistent with and facilitates achievement of the goals of the adopted City of Lake Elsinore General Plan (General Plan). The General Plan land use map gives the entire East Lake District area a "Specific Plan Area" land use designation. This indicates that it is the City's desire to see detailed planning consistent with the General Plan to create "a well- integrated design that is responsive to the unique location and physical features of a site" (page 2 -19). The proposed amendment is consistent with the General Plan East Lake District and the Specific Plan Area land use designation, as it proposes development consistent with the existing ELSP standards, including providing sufficient recreational and open space amenities for the current and future residents in the ELSP and not changing the total number of allowed residential units in the ELSP (7,975 homes). Consistency with the ELSP The proposed amendment is consistent with the ELSP. The area proposed to be rezoned from Open Space to Residential 1 is relatively small (less than 1% of the Recreation Village District of the ELSP) and is located immediately adjacent to other residential use areas. No changes are proposed to the circulation and utility infrastructure planned in the ELSP and approving the amendment will not limit or restrict implementation of the development plans for the remaining portions of the ELSP. Importantly, the change to Residential 1, which will allow development of up to 24 homes, will not increase the approved number of units in the ELSP (7,975 homes). Further, because fewer homes are expected to be built in the ELSP than are currently allowed, changing PA 46 to Residential 1 will not significantly affect the per capita amount of open space amenities in the ELSP. The development proposed in the proposed amendment area would complement the surrounding existing and planned uses in the area. Residential 1 uses surround PA 46 to the north, east and south; March 2013 _ 11 Page PC July 16, 2013 Item No. 4 Page 30 of 32 East Lake Specific Plan Amendment 10 therefore, density and design on PA 46 would be consistent. West of PA 46 is the Links at Summerly golf course. Justification and Purpose The proposed amendment will allow the currently approved homes in the ELSP to be constructed at a density that is consistent with the surrounding residential areas. Without the amendment, development of the remaining approved units would require higher densities within the Residential 1 designation. With the proposed land use change to Residential 1, PA 46 would accommodate up to 24 homes; however, because fewer homes will be constructed in ELSP than are currently permitted, the total number of approved homes in ELSP (7,975 homes) will not change. Therefore, no additional impacts will result from the proposed SPA 10. Relative to the open space use planned in PA 46, during Amendment 6, a recreation facility was considered at this location; however, since then, the recreation facility was relocated to PA 42 because it is central to the Summerly community and would be more readily accessible for Summerly Community residents. Consolidating the two open space amenities also allowed the planned park and open space use on PA 42 to be enhanced beyond what was originally planned. Further, given the reduced number of homes that are expected to be developed in ELSP compared to the total approved number of units, consolidating and enhancing recreation and open space uses in central locations like PA 42 will reduce the ongoing maintenance cost of the open space uses, which will also reduce future burdens on the current and future homeowners. Regarding the proposed Design Review process, allowing the Planning Commission to review and approve Design Reviews and City Council the authority to consider appeals makes the ELSP consistent with the Design Review process in other Specific Plans in the City. Projects subject to the Design Review process would still require public hearings before the Planning Commission and could be considered by the City Council in a public hearing setting upon appeal of the Planning Commission decision. City Actions and Approvals SPA 10 will require the following discretionary actions: 1. Certification of an Addendum to the ELSP Environmental Impact Report (EIR); 2. Approval of ELSP SPA 10 to revise the designation of PA 46 from Open Space to Residential 1, thereby allowing up to six dwelling units per acre; 3. Adoption of SPA 10 by Ordinance; and 4. Approve modification of future design review processes, permitting Planning Commission to serve as the sole approving authority. February 2013 21 Page PC July 16, 2013 Item No. 4 Page 31 of 32 East Lake Specific Plan Amendment 10 Project Implementing Actions Concurrent or subsequent implementing actions will include, but not be limited to the following: 1. Revised Tentative Tract Map(s); 2. Design Review Approval by Planning Commission (Modified Approving Authority Action Requested); and 3. Approval of Grading and Building Permits. February 2013 3 1 P a g e PC July 16, 2013 Item No. 4 Page 32 of 32