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HomeMy WebLinkAboutPC Reso No 2013-65RESOLUTION NO. 2013-65 A 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 RESIDENTIAL DESIGN REVIEW NO. 2013-03 WHEREAS, Ryland Homes, has filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2013 -03 for the construction of a 106 single - family detached residential development including a model home complex and associated improvements for property identified as Neighborhood 2 of the East Lake Specific Plan Amendment No. 6 ( "Project "); 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 residential design review applications within the East Lake Specific Plan; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines "), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, a Supplemental Environmental Impact Report was approved and adopted in 2004 for the East Lake Specific Plan Amendment No. 6 (SCH #2003071050) and evaluated environmental impacts that would result from maximum build -out of the specific plan, which contemplated development of single family residential development; and WHEREAS, the Project does not present substantial changes or new information regarding the potential environmental impacts of development; 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. PLANNING COMMISSION RESOLUTION NO. 2013 -65 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 has considered the Project prior to making a decision to recommend that the City Council approve Residential Design Review No. 2013 -03 for a single - family detached residential development. SECTION 2. The Planning Commission finds and determines that no new CEQA documentation is necessary. The Project comprises the whole of the action which was analyzed in the previously approved and certified Supplemental Environmental Impact Report (SCH # 2003071050) for the East Lake Specific Plan Amendment No. 6. Approval of the Project will not change density or intensity of use; it simply establishes standards for color palates, articulation, orientation, and design of single - family residential development. Therefore, no further environmental review is necessary. SECTION 3. In accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings regarding Residential Design Review No. 2013 -03: 1. The single- family detached residential development, as approved, will comply with the goals and objectives of the General Plan, Specific Plan and the Zoning District in which it is located. The single- family detached residential development complies with the goals and objectives of the General Plan and the East Lake Specific Plan Amendment No. 6. The single- family homes will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 2. The single- family detached residential development complies with the design directives contained in the East Lake Specific Plan Amendment No. 6 and all applicable provisions of the Lake Elsinore Municipal Code. The single- family detached residential development is appropriate to the site and surrounding developments. The three (3) architectural styles proposed will create a distinctive street scene within the project site. Sufficient setbacks and onsite landscaping have been provided thereby creating interest and varying vistas. In addition, safe and efficient circulation has been achieved onsite. 3. Subject to the attached conditions of approval, the single - family detached residential development is not anticipated to result in any significant adverse environmental impacts. The single - family detached residential development, as reviewed and conditioned by all applicable City divisions, departments and agencies, will not have a significant effect on the environment. Approval of the design for the single - family detached residential development will not result in a substantial PLANNING COMMISSION RESOLUTION NO. 2013-65 PAGE 3OF4 change to the previously adopted Supplemental Environmental Impact Report. Therefore, no additional environmental review is necessary. 4. Conditions and safeguards pursuant to Section 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on July 16, 2013. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends that the City Council approve Residential Design Review No. 2013 -03. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 16th day of July 2013, by the following vote: Rick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -65 PAGE 4 OF 4 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 -65 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 CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: NONE ABSENT: NONE ABSTAIN: NONE Richard J. MacHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013-03 RYLAND AT SUMMERLY LAKE ELSINORE GENERAL 1. The proposed project (Residential Design Review No. 2013 -03) consists of building design and construction of 106 single - family detached residential units and related improvements for the Ryland housing project located within the Summerly Development of the East Lake Specific Plan. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Residential Design Review projects attached hereto. PLANNING DIVISION 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records 4. Design Review approval for Residential Design Review No. 2013 -03 will lapse and be void unless a building permit is issued within two (2) years of the approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review approval. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 5. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the East Lake Specific Plan and Lake Elsinore Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 6. All site improvements shall be constructed as indicated on the approved building elevations and site plans for the Residential Design Review and the model home complex. 7. Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tentative Tract Map No. 31920 and those provisions and requirements contained in the Municipal Code, subject to approval by the Community Development Director or designee. 8. The following architectural details shall be provided: Planning Commission Approved Page 1 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013-03 RYLAND AT SUMMERLY LAKE ELSINORE • All front fence returns will be decorative masonry walls. Wood fences will not be allowed along the front elevation. Additional architectural enhancements and treatments shall be provided for those side and rear elevations that are within the public view, including shutters on the elevations facing Mission Trail and Malaga Road. The applicant shall indicate which specific side and /or rear elevations will be afforded with enhanced architectural treatments on future precise grading plans, subject to approval by the Community Development Director or designee. 9. All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 10.Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 11. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 12.The applicant shall provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat concrete pad and air conditioning units. 13. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right -of -way. The applicant shall obtain street addresses for all production lots prior to issuance of building permit. 14.The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 15.The applicant shall comply with all applicable City Codes and Ordinances. 16. Prior to issuance of building permit, building plans for the model home complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped - accessible bathroom. Planning Commission Approved Page 2 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013 -03 RYLAND AT SUMMERLY LAKE ELSINORE 17.A cash bond shall be required for the model home complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the model home complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 18.A cash bond of shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 19.A cash bond shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 20.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 21.The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District ( EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 22. The design and construction of the project shall meet all County Fire Department standards for fire protection. 23.All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director or designee, prior to issuance of building permit. 24.All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent landscape coverage using a combination of drip and conventional irrigation methods. The final landscaping /irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. The Landscape Plan check fee in effect at the time of landscaping /irrigation plan submittal shall be submitted concurrently with the submittal of landscaping /irrigation plans to the Community Development Department — Planning Division for review. Planning Commission Approved Page 3 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013 -03 RYLAND AT SUMMERLY LAKE ELSINORE • The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and at least 24 -inch box in size. Planting within 15 feet of ingress /egress points shall be no higher than 36 inches. • The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. • All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. • All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. • One of the proposed lots of the Model Home Complex shall be Xeriscaped and signage provided identifying Xeriscape landscaping. • The Final landscape plan shall be consistent with any approved site and /or plot plan. • The Final landscape plan shall include planting and irrigation details. 25.All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. 26. Fences located in any front yard shall not exceed three feet in height with the exception that wrought -iron fences may be five feet in height. Chain link fences shall be prohibited. 27. Garages shall be constructed to provide a minimum of twenty feet by twenty feet (20' x 20') of interior clear space to accommodate two vehicles. 28.These Conditions of Approval and those conditions approved with Tentative Tract Map No. 31920 shall be reproduced on subsequent building plans prior to issuance of building permit. Planning Commission Approved Page 4 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013 -03 RYLAND AT SUMMERLY LAKE ELSINORE 29. 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 no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. 30. The applicant shall pay all appropriate City fees. 31. The applicant shall pay the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits. 32. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. 33. The Homeowner's Association shall maintain all project improvements and facilities, including the landscaping, park facilities, and drainage improvements. 34. If applicable, the applicant shall participate in the City's Lighting and Landscape Maintenance District. 35.The developer shall comply with all of the terms and conditions of that certain First Amended and Restated Development Agreement Between the City of Lake Elsinore and Laing -CP Lake Elsinore LLC" which recorded on December 17, 2004 in the Official Records of Riverside County, California as Instrument No. 1001282 and the First Operating Memorandum of Understanding dated November 23, 2010 by and between the City and McMillin Summerly, LLC, the successor in interest to Laing, including without limitation the requirements of Section 12.10 relating to the provision of affordable housing or (at the election of the developer) payment of an Affordable Housing Fee in the amount of One Dollar and Thirty Cents ($1.30) per square foot of assessable space. 36. The applicant shall provide all prospective home buyers and home owners a written disclosure statement identifying that the project is located within an active recreation area. Such activities will include, but are not limited to sporting activities, water sport and recreation activities, off road racing, sky diving, hang gliding, etc. Said written disclosure statements shall indicate that such recreation activities will include, but are not limited to noise impacts, excessive lighting and dust. Planning Commission Approved Page 5 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013 -03 RYLAND AT SUMMERLY LAKE ELSINORE ENGINEERING DIVISION General Requirements: 37. This project shall comply with the applicable Conditions of Approval of Tentative Tract 31920 as approved by city Council on July 27, 2004. 38.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. 39.All slopes, open space, and landscaping except for public parks, school property and flood control district facilities shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. 40. 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. 41. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and or diversion of drainage. 42.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. 43.All required grading and improvement plans, soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. FEES 44.The developer shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees may include: Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF). Fee rate will be assessed at the prevalent rate at time of payment in full. Planning Commission Approved Page 6 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013 -03 RYLAND AT SUMMERLY LAKE ELSINORE FLOOD PLAIN 45.The developer shall meet all requirements of LEMC 15.68 and 15.64 regarding floodplain management and flood hazard regulations. Finish floor elevation of all buildings shall be a minimum of 1267 feet. 46. The developer shall provide written, signed and sealed certification from a registered Civil Engineer or licensed Land Surveyor that the finished floor of each structure is at or above the elevation of 1267 ft. 47. Projects in the back basin shall comply with the special conditions to Permit No. 88-00215 - 00-RRS (Lake Elsinore Management Project) STORM WATER MANAGEMENT / POLLUTANT PREVENTION 48.The developer shall obtain and maintain coverage under the General Permit — Construction. A copy of the Change of Information (COI) and /or NOI shall be submitted to the Engineering Division prior to permit issuance. A SWPPP shall be prepared, implemented and maintained onsite to provide erosion control measures and best management practices (BMP's) throughout all phases of construction. 49. All 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 storm drain system. 50. The developer shall submit an amendment to the Master Water Quality Management Plan (WQMP). The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. The final WQMP must be approved prior to grading permit issuance. 51. DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices (BMPs) shall be posted to inform users of this development of environmental awareness and good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMPs of the Riverside County NPDES Drainage Area Management Plan. IMPROVEMENTS 52. An Encroachment Permit shall be obtained prior to any work on City and /or State right -of- way. The developer shall submit the permit application, required fees and documents prior to issuance. Planning Commission Approved Page 7 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013 -03 RYLAND AT SUMMERLY LAKE ELSINORE 53. Sight distance into and out of the project location shall comply with CALTRANS Standards. 54. All landscaping and fencing at intersections shall meet City Sight Distance Standards. 55. Roof drains shall drain to a landscaped area. 56. The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 57. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. 58.10 -year storm runoff shall be contained within the curb and the 100 -year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be provided. 59.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 60. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 61.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. 62.All Public Works requirements shall be constructed and complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 63. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 64. 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. Planning Commission Approved Page 8 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013 -03 RYLAND AT SUMMERLY LAKE ELSINORE GRADING 65. 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. Export sites located within the Lake Elsinore City limits must have an active grading permit. Hauling of over 5,000 cy subject to City Council approval (LEMC 15.72.065). Costs incurred by City in conjunction with approval of the haul route shall be paid by the applicant. 66. The project shall comply with CBC 1804.3 site grading requirements. 67.Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 68.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). 69.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 70. 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. 71.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). 72. 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. Planning Commission Approved Page 9 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013-03 RYLAND AT SUMMERLY LAKE ELSINORE 73. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 74.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 75. Developer shall pay all grading permit applicable processing, permit, security and development fees including those fees identified in an applicable development agreement. PRIOR TO ISSUANCE OF BUILDING PERMIT 76. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 77.All internal street improvement and signing and striping plans shall be completed and approved by the City Engineer. 78.The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). PRIOR TO OCCUPANCY 79.All signing and striping and traffic control devices for the required improvements internal to TR 31920 -3 shall be installed. 80.AI1 public improvements internal to TR 31920 -3 shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 81.TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 82. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 83. 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. Planning Commission Approved Page 10 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013 -03 RYLAND AT SUMMERLY LAKE ELSINORE 84. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, developer shall: • Demonstrate that all structural BMPs required for TR 31920 -3 have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; • Demonstrate that they are prepared to implement all non - structural BMPs required for TR 31920 -3 included in the conditions of approval or building /grading permit conditions; • Demonstrate that an adequate number of copies of the approved project specific TR 31920 -3 Amendment to the WQMP are available for the future owners /occupants; and • The developer shall provide all education guidelines for Water Quality Management Practices to the separate owners of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 85. The property owner shall execute and cause to be recorded an Operations and Maintenance Agreement in the form provided by the City to inform future property owners of the requirement to implement the approved final project - specific WQMP. 86.As -built plans for all approved plan sets shall be submitted for review and approval by the City. The developer /developer /owner is responsible for revising the original mylar plans. 87.The approved, revised plans and Final recorded map(s) shall be provided to the City on a CD /DVD in .tif format and as GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. 88.All final studies and reports shall be submitted in .tif format on a CD /DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, WQMP, etc. COMMUNITY SERVICES DEPARTMENT 89. The Developer shall pay all applicable park fees. Planning Commission Approved Page 11 of 12 July 16, 2013 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2013-03 RYLAND AT SUMMERLY LAKE ELSINORE 90. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. LAKE ELSINORE FIRE MARSHAL 91. The applicant shall comply with all City of Lake Elsinore Fire Department requirements and standards. Provide fire protection facilities as required in writing by the Lake Elsinore Fire Marshal. Planning Commission Approved Page 12 of 12 July 16, 2013 RESOLUTION NO. 2013-64 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPT FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Ryland Homes, has filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2013 -03 for the construction of a 106 single - family detached residential development including a model home complex and associated improvements for property identified as Neighborhood 2 of the East Lake Specific Plan Amendment No. 6 (the "Project "); and WHEREAS, Section 6.0 of the MSHCP requires that all discretionary projects within an MSHCP criteria cell undergo the Lake Elsinore Acquisition Process ( "LEAP ") and Joint Project Review ( "JPR ") to analyze the scope of the proposed development and to establish a building envelope that is consistent with the MSHCP criteria; and WHEREAS, Section 6.0 of the MSHCP further requires that the City of Lake Elsinore adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSCHP cell criteria, and the MSCHP goals and objectives; and WHEREAS, pursuant to Lake Elsinore Municipal Code Section 17.184, requests for design review are discretionary actions to be considered, reviewed, and approved, conditionally approved or denied by the Lake Elsinore City Council; and WHEREAS, the East Lake Specific Plan Amendment No. 6 is partially covered by two distinct MSHCP criteria cells: approximately three (3) acres of the East Lake Specific Plan Amendment No. 6 are within Criteria Cell 4846 and approximately three tenths (0.3) of an acre are within Criteria Cell 4937; and WHEREAS, the Project site within the boundaries of East Lake Specific Plan Amendment No. 6 that are covered by the aforementioned cell sites; 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. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the Project and its consistency with the MSHCP prior to recommending that the City Council adopt Findings of Consistency with the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2013 -64 PAGE 2OF5 SECTION 2. That in accordance with the MSHCP, the Planning Commission makes the following findings for MSHCP consistency: The Project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, the Project must be reviewed for MSHCP consistency, which review shall include an analysis of the Project's consistency with other "Plan Wide Requirements." The Project is located within the East Lake Specific Plan (ELSP) area, specifically within the ELSP Amendment No. 6 area. Prior to the City's adoption of the MSHCP, there were a series of meetings between the County of Riverside, U.S. Fish and Wildlife Service, and California Department of Fish and Game to discuss conservation measures within the ELSP and to decide how to ensure development within the ELSP could proceed consistently with the MSHCP and with the U.S. Army Corps of Engineers Section 404 permit. It was determined that a target acreage of 770 acres was warranted for MSHCP conservation in the back basin area of the City. The Project site is within the ELSP and is covered by that conservation agreement. Part of the conservation agreement also included a requirement that projects in the back basin area be consistent with the other "Plan Wide Requirements" set forth in the following sections of the MSHCP: Protection of Species Associated with Riparian /Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3. 1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). The Project has been reviewed in light of these sections and is consistent therewith. 2. The Project is subject to the City's LEAP and the County's Joint Project Review processes. The ELSP MSCHP consistency determination was submitted to the County of Riverside in October 2003, prior to the initiation of the City's LEAP and County's Joint Project Review process. Nevertheless, both the City and Dudek (acting on behalf of the County) agreed that the Project was consistent with the MSHCP due to the extensive acreage set aside for conservation. The Project has not been modified and was part of the overall ELSP which has been determined to be consistent with the MSHCP. 3. The Project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. PLANNING COMMISSION RESOLUTION NO. 2013-64 PAGE 3OF5 The previously approved ELSP Amendment No. 6 was determined to be consistent with the Riparian /Riverine and Vernal Pool Guidelines as set forth in MSHCP § 6.1.2. The scope and nature of the Project have not been modified from that which was previously approved and is therefore consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Protection of Narrow Endemic Plant Species Guidelines as set forth in MSHCP § 6.1.3. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6. Additionally, based upon prior approvals, the entire Project site has been graded and any plant species which may have existed on the site have been removed and replaced with development. It is for these reasons that the Project is consistent with the aforementioned guidelines. 5. The Project is consistent with the Additional Survey Needs and Procedures. The previously approved ELSP Amendment No. 6 was consistent with the Additional Survey Needs and Procedures as set forth in MSHCP § 6.3.2. The Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, and the entire project site has been graded pursuant to previously issued permits. The Project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. The previously approved ELSP Amendment No. 6 was consistent with the Urban/Wildlands Interface Guidelines as set forth in MSHCP § 6.1.4. Because the Project has not been modified from that which was previously approved under the ELSP Amendment No. 6, no further MSHCP review is necessary and the Project is consistent with the Urban/Wildlands Interface Guidelines. 7. The Project is consistent with the Vegetation Mapping requirements. The previously approved ELSP Amendment No. 6 was consistent with the Vegetation Mapping requirements as set forth in MSHCP § 6.3.1. Mapping was conducted as part of the biological surveys for the original project. The Project has not been modified from that which was previously approved and therefore is consistent with the Vegetation Mapping requirements. 8. The Project is consistent with the Fuels Management Guidelines. PLANNING COMMISSION RESOLUTION NO. 2013 -64 PAGE 4 OF 5 The previously approved ELSP Amendment No. 6 was consistent with the Fuels Management Guidelines as set forth in MSHCP, § 6.4. The Project site is not within or adjacent to conservation areas where the Fuels Management Guidelines would be required. The Project has not been modified from that which was previously approved and therefore is consistent with the Fuel Management Guidelines. 9. The Project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of project approval, the Project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. 10. The Project overall is consistent with the MSHCP. As stated in No. 1 above, the Project is within the ELSP area which has previously been determined to be consistent with the MSHCP. 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 that the City Council find that the Project is consistent with the MSHCP. 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 July 2013, by the following vote: /1� Z Rick Morsch, Chairman City of Lake Elsinore ATTEST: r_--- Richard J. fdacHoft, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2013 -64 PAGE 5 OF 5 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 -64 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 CHAIRMAN MORSCH, VICE CHAIRMAN O'NEAL, COMMISSIONER BLAKE, COMMISSIONER GRAY, COMMISSIONER JORDAN NOES: NONE ABSENT: NONE e- Richard J. MacHott, LEED Green Associate Planning Manager