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HomeMy WebLinkAboutPC Reso No 2009-37 RESOLUTION NO. 2009-37 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVE RESIDENTIAL DESIGN REVIEW NO, 20119-02, FOR "POTTERY COURT" WHEREAS, Bridge Housing Corporation (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2009-02 ("the Design"), in conjunction with the merging of lots proposed in Tentative Parcel Map No. 36193 ("the Map), which Design and Map are collectively referred to herein as the "Project; and WHEREAS, the Developer proposes the Design on a 4.3+ acre site located north of Sumner Avenue, south of Pottery, east of Langstaff, and west of the flood control channel, and known as Assessor's Parcel Nos. 374-071-003 thru 014, -026, and -027; 374-072-018, -020, -022, -026, -028, -030, -032, -034 and -036 (the "Site"); and WHEREAS, the Design proposes the construction and management of the Pottery Court apartment complex, a 113-unit 100% affordable housing project that includes a central open space courtyard with tot lot and barbecues, a recreation facility I I with swimming pool, a passive recreation area, and a maintenance building ; and WHEREAS, in accordance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA"), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 at seq.: "CEQA Guidelines"), the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in-fill development projects; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding multi-family residential projects; and WHEREAS, public notice of the Design and Map has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on June 2, 2009. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE. AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Residential Design Review No. 2009-02 for the Pottery Court apartment complex. prior to making a decision and has found it acceptable. Agenda Item No. Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-37 PAGE 2OF4 SECTION 2. The Planning Commission hereby finds and determines that the F1 Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in-fill development projects. Specifically, the Planning Commission finds that: 1. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 2. The Project will occur within the City limits on a project site that is less than (5) acres and the site is substantially surrounded by urban uses. 3. The Project site currently consists of eleven single family residential dwelling units, parking, and vacant land and has no value as habitat for endangered, rare or threatened species. Moreover, as indicated in that certain Habitat Assessment Report for the Proposed Pottery Court Project Site dated for identification purposes as of March 16, 2009, the Project is not located within an MSHCP criteria cell and is consistent with the MSHCP Section 6 Plan Wide Requirements. No suitable habitat occurs on site and therefore no focused surveys are required. 4. Pursuant to that certain Traffic, Air Quality and Noise Analysis prepared by the Planning Center for the Pottery Court project dated for identification purposes as of April 2009, approval of the Project will not result in significant effects relating to traffic, noise or air. Furthermore, pursuant to that certain Water Quality Management Plan prepared for Pottery Court by SB&O, Inc. dated for identification purposes as of April 27, 2009, the approval of the Project will not result in any significant effects relating to water quality. Finally, pursuant to that certain Phase I Cultural Resources Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, and that certain Pre-Construction Paleontological Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, approval of the Project will not result in any significant effects relating to cultural or archeological resources on the Pottery Court site. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for Residential Design Review No. 2009-02: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. II The General Plan and Zoning Map designate the site as HD - Nigh Density Agenda Item No. _ Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-37 PAGE 3 OF 4 I I Residential and R-3 - High Density Residential, respectively. The Map appropriately combines 23 lots in order for the applicant to construct and manage a 113-unit apartment complex that is consistent with high density residential development. 2. The project complies with the design directives contained in the LEMC 17.184.060 and all other applicable provisions of the Municipal Code. The Design provides both private and public open space areas within the project site. All amenities are easily accessible to residents through walkways and handicapped path of travel. The Design has considered crime prevention measures, aesthetics, and the Historic Elsinore Guidelines to achieve compliance with City rules and regulations. 3. Conditions and safeguards pursuant to LEMC 17.184.070, including 1 guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. The Project is conditioned to comply with the R-3 development standards of the City's Zoning Code. Further, the site must comply with the Americans with Disabilities Act for access. These standards and conditions have been prepared and reviewed to benefit the public health, safety and welfare. The applicant has signed a Draft Acknowledgment of Acceptance of Conditions. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution for Tentative Parcel Map No. 36193, the Planning Commission hereby recommends that the City Council approve Residential Design Review No. 2009-02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this nd day of June, 2009. Axe elli, C man City of Lake Els' ore ATTE T: r Tom Weiner I Acting Director of Community Development Agenda Item No. _ Page _ of PLANNING COMMISSION RESOLUTION NO. 2009-37 PAGE 4OF4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-37 was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 2nd day of June 2009, and that the same was adopted by the following vote: AYES: Chairman Axel Zanelli, Vice-Chairman Jimmy Flores, Commissioner John Gonzales, Commissioner Phil Mendoza, Commissioner Michael O'Neal NOES: None ABSENT: None ABSTAIN: None l Tom Weiner F ~ Acting Director of Community Development F1 I Agenda Item No. Page _ of _ CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND TENTATIVE PARCEL MAP NO. 36193. FOR "POTTERY COURT" ON APNS 374-071-003 thru -014,-026, -027; 374-072-018, -020, -022, -026, -028, -030. -032, -034 and -036 PLANNING DIVISION 1. The approval of Residential Design Review No. 2009-02 will lapse and be void unless a building permit is issued within two (2) years of approval. The applicant may request an extension of time by submitting an application and required fees a minimum of one (1) month prior to the expiration date. The Director of Community Development may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. 2. Tentative Parcel Map No. 36193 will expire two (2) years from the date of approval unless within that period of time a final map has been recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. Tentative Parcel Map No. 36193 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. 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, concerning the project attached hereto. 5. The City intends to file a Notice of Exemption with the Riverside County Clerk's office on the day immediately after approval of this project by the City Council. The applicant shall forward to the Planning Division secretary, a check made payable to the Riverside County Clerk, in the amount of $64.00 to pay for the cost of such filing. This check shall be received by the secretary one (1) day before the City Council hearing date, in order to expedite this filing. Additionally, the applicant shall hand-deliver the Notice of Exemption to the Riverside County Clerk's office and receive a stamped receipt. 6. All site improvements shall be constructed as indicated on the approved site plan and building elevations or as specified by these Conditions of Approval. Any other revisions to the approved exhibits shall be subject to the review and approval of the Director of Community Development or his designee. a. In the event that the Redevelopment Agency of the City of Lake Elsinore F (the "Agency") is unable to acquire the three outstanding parcels from the Page 1 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND F1 TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014,-026, -027: 374-072-018, -020, -022, -026. -028, -030, -032, -034 and -036 Riverside County Flood Control ("Flood Control") and/or the Agency is unable to acquire the one Tax Defaulted Parcel, the developer shall redesign and revise the site plan to accommodate the loss of acreage associated with the elimination of those parcels from the Project. The revised site plan shall be subject to review and approval by the Director of Community Development or his designee. b. Trash enclosure locations shall be acceptable to the trash hauler that will service the site. Should relocations as shown on the approved site plan be necessary, the applicant shall notify the City and obtain the approval of the Director of Community Development. C. The Director of Community Development shall review and approve the Color & Materials Board prior to the issuance of building permits. d. The Director of Community Development shall review and approve the project exterior lighting plans prior to the issuance of building permits. Plans shall include safety lighting along walkways, in the central courtyard, at the central mailboxes, laundry facilities, and passive recreation area. Decorative project lighting shall be provided at the project entrance on Sumner, and at the apartment directory kiosk. e. An emergency access/egress gate shall be provided along Pottery Street, with a Knox box system in compliance with Riverside County Fire Department standards. 7. Applicant shall meet all American with Disabilities Act requirements for access to buildings in the project. 8. This project lies within the boundaries of the Rancho Laguna Redevelopment Project Area No. 1 and shall satisfy the following condition: a. Two units shall be reserved for occupancy by on-site resident managers and 111 units shall be reserved for occupancy by very low income households at affordable rent within the meaning of Health Safety Code Sections 50105 and 50053 and as required pursuant to an Affordable Housing Regulatory Agreement between the Developer and the Redevelopment Agency of the City of Lake Elsinore to be recorded against the site. A copy of the executed Affordable Housing Regulatory Agreement shall be forwarded to the Planning Department together with Page 2 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND F1 TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014, -026. -027; 374-072-018, -020. -022, -026, -028. -030, -032. -034 and -036 true and accurate copies of any other regulatory agreement imposing affordability restrictions entered into by the Developer for financing purposes and to be recorded against the site. 9. Prior to the issuance of a building permit, pursuant to Lake Elsinore Municipal Code section 17.58.050(c), the applicant and the City shall enter into a density bonus agreement, which shall be recorded against the property as a restriction on the parcel or parcels on which the restricted units will be constructed. The density bonus agreement shall be consistent with LEMC section 17.58.060 and any other applicable requirements set forth in Chapter 17.58 of the LEMC. 10. Tandem parking spaces shall be assigned to the same unit as the garage space that it fronts. 11. The developer shall comply with Chapter 17.78 Noise Control of the LEMC. In addition, construction shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Friday. No construction activity shall be allowed on Saturdays, Sundays or legal holidays. It is the developer's responsibility to ensure that contractors and subcontractors at the project site comply with this condition. 12. The applicant shall place a weatherproof 3'X 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be placed on the property prior to the issuance of a grading permit or building permit. 13. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval regarding hours of construction, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the city a $5,000 case deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Conditions of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 14. The applicant shall provide to the Director of Community Development within thirty (30) days of map approval, a final approved version of Tentative Parcel Map No. 36193 and a final approved version of the site plan for Residential Design Review No. 2009-02 in digitized format. Page 3 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND ~I TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014,-026, -027. 374-072-018 -020, -022, -026, -028, -030, -032, -034 and -036 15. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of project approval by the City Council. PRIOR TO FINAL PARCEL MAP: 16. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 17. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 'i 18. Prior to the approval of a final parcel map, the applicant shall apply for and the City Council shall consider based upon its sole and exclusive discretion whether to vacate Riley Street between Sumner and Pottery Avenue. If the City Council decides not to vacate Riley Street between Sumner and Pottery Avenue, the applicant shall redesign the site plan and submit the revised site plan to the Director of Community Development for review and approval. PRIOR TO GRADING AND BUILDING PERMITS: 19. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building Division. 20. All lots shall comply with building codes in effect at the City. 21. Should the applicant phase construction, he shall submit for review and approval by the Director of Community Development, Fire Department, Building and Engineering Divisions, a Phasing Plan which shows primary, secondary and construction access for each phase of the project. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department. 22. Prior to the issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 23. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall Page 4 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014,-026, -027: 374-072-018 -020 -022, -026, -028. -030. -032. -034 and -036 pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 24. The applicant shall provide connection to public sewer. Service laterals shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). No service laterals shall cross adjacent property lines unless approved by EVMWD and the City Building Division. The applicant shall comply with the requirements noted in the EVMWD letter dated May 11, 2009. 25. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. The applicant shall comply with the requirement noted in the District letter dated May 13, 2009. 26. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 27. The applicant shall meet all requirements of the providing electric utility company. 28. The applicant shall meet all requirements of the providing gas utility company. The applicant shall comply with the requirements set forth in the Southern California Gas Company letter dated May 4, 2009. 29. The applicant shall meet all requirements of the providing telephone utility company. 30. A bond is required guaranteeing the removal of all trailers used during construction. 31. The applicant shall obtain approval and a building permit for the installation of any signs on the site. 32. Construction Landscape Plans and Irrigation Details for the project is required. These drawings shall be submitted to the Planning Division along with a cost estimate for review and approval by the City's Landscape Architect and the Director of Community Development or his designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the Page 5 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND TENTATIVE PARCEL MAP NO. 36193, It FOR "POTTERY COURT" ON APNS 374-071-003 thru -014,-026, -027; 374-072-018, -020, -022. -026. -028. -030. -032. -034 and -036 entire project at the time of submittal. Construction Landscape Drawings shall NOT be included in plan check submittals to the Building Division. a. The applicant shall install street trees a maximum of thirty feet (30') apart, and at least twenty-four inch (24") box in size. b. The plans 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 shall be used to prevent excessive watering. c. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Planters within the project site may range in width, with a minimum size of six- inches to accommodate ivy or other vines adjacent to walls. e. Self-adhering vines shall be installed on all trash enclosure walls. I f. Furniture in the public areas shall be shown on construction drawings to include benches, trash containers, and bicycle racks conveniently scattered throughout the site. g. All planter boxes shall provide a minimum interior width and length of four feet. 33. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 34. Prior to the issuance of any grading permit, the applicant shall provide to the City proof of hiring a qualified project archaeological monitor to be present on-site during grading activities. 35. Native American tribal monitors shall be permitted to monitor all grading, excavation and ground breaking activities, at no cost to applicant, and shall also Page 6 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014, -026,-027; 374-072-018, -020, -022, -026. -028. -030. -032, -034 and -036 have authority to stop and redirect grading activities in the event human remains or other artifacts are unearthed. 36. If human remains are encountered during project grading, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. 37. If unexpected discoveries of subsurface archaeological resources are discovered r during grading, the Developer, the project archaeologist, and the tribal monitor shall have authority to stop and redirect grading activity. Once grading is stopped, the Developer, project archaeologist and appropriate Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Developer and the Tribe cannot agree on the significance of or how to mitigate for such resources, these issues shall be presented to the Director of Community Development for decision. 38. The applicant shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. 39. A detailed wall and fencing plan shall be required for review and approval prior to construction. a. All walls visible to the public shall be constructed of stucco, slumpstone, sand, Spanish lace or smooth or flat finish stucco, or other decorative architectural materials approved by the Director of Community Development to match adjacent buildings. b. All theme walls are required to be coated with anti-graffiti paint. c. Fencing on slopes shall be tubular steel or wrought iron. Page 7 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND ~ TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014, -026.-027; 374-072-018, -020, -022, -026. -028, -030, -032, -034 and -036 d. Any tubular steel view fencing installed along public access trails shall be of industrial-grade material for safety purposes. e. Retaining walls may be limited in height to avoid a massive or imposing view. An acceptable method of compliance is to have two or more wall systems separated by landscaping. f. The height and design of the perimeter wall along the south boundary shall be reviewed and approved by the Director of Community Development. The maximum height shall be measured from the higher ground level. The design shall discourage trespassing between properties. PRIOR TO FINAL APPROVAL 40. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance of landscaping and irrigation systems for one year following the approval of the last F1 certificates of occupancy. The bond shall cover ten percent (10%) of the actual cost of labor, equipment and material as shown on the approved Cost Estimate. ENGINEERING DIVISION General Requirements: 41. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 42. Prior to commencement of grading operations, applicant shall provide the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 43. All grading shall be done under the supervision of a geotechnical engineer who shall certify all slopes steeper than two to one (2:1) for stability and proper erosion control. F Page 8 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND r I TENTATIVE PARCEL MAP NO. 36193. FOR "POTTERY COURT" ON APNS 374-071-003 thru -014, -026. -027, 374-072-018, -020. -022. -026. -028. -030, -032. -034 and -036 44. An Encroachment Permit shall be obtained prior to any work on City right-of-way. 45. 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. Unless otherwise directed by the City Engineer, overhead utilities shall be undergrounded. The utility poles along the alley may remain above-ground, at the direction of the City Engineer. 46. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 47. Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right-of-way. 48. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer. 49. The applicant shall install blue dot markers at Fire Hydrant locations per Riverside County Standards. 50. The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 51. Applicant shall pay all applicable development fees, including but not limited to: MSHCP, TIF and area drainage fees. 52. Ten (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. 53. 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. 54. On-site drainage shall be conveyed to a public facility. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. An encroachment permit from RCFCD shall be obtained for any connection to the flood control channel. 55. All compaction reports, grade certifications, and monument certifications (with tie Page 9 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND ~ TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014, -026, -027; 374.072-018, -020, -022, -026, -028, -030, -032, -034 and -036 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. 56. Slope maintenance along right-of-ways and open spaces shall be maintained by the project manager, a property owner's association or other maintenance mechanism approved by the City. 57. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant is encouraged to contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., may not charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 58. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roof drain are encouraged to drain to a landscaped area. 59. The applicant shall revise project exhibits to eliminate references to a vacation of Sumner Avenue. The applicant shall construct landscape improvements on Sumner Avenue from Riley Street easterly to the bridge and provide maintenance by a mechanism approved by the City. 60. Applicant shall comply with all NPDES requirements in effect; including the submittal of Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 61. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 62. Applicant shall provide BMP's that will reduce storm water pollutants from parking ~ areas and driveway aisles. Page 10 of 15 Agenda Item No. Page _ of I CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND ~ TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014, -026, -027; 374-072-018, -020, -022, -026. -028, -030, -032, -034 and -036 63. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, the flood control channel, or waterways -without Regional Water Quality Control Board permit or waiver - is strictly prohibited by local ordinances and state and federal law. Prior to Approval of Final Map, unless other arrangements are made, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 64. Dedicate right-of-way and construct street improvements (part-width improvements) on Pottery Street, along the property frontage, such that the centerline to property line is 34 feet. The improvements include AC pavement, curb and gutter, sidewalk, street lighting, and signing and striping. Adequate AC transition at the project limit shall be provided. In addition, adequate drainage protection and a traffic barricade shall be provided at the end of Pottery Street. 65. Dedicate right-of-way and construct street improvements (part-width improvements) on Langstaff Street, along the property frontage, such that the centerline to property line is 34 feet. The improvements include AC pavement, curb and gutter, sidewalk, street lighting, and signing and striping. In addition, a full alley driveway with ADA compliant sidewalk connection shall be provided. 66. Dedicate two feet (2') of alley right-of-way and construct alley improvements (part- width improvements), along the property frontage. The limits of the part-width improvements shall be approved by the City Engineer and the Director of Community Development, and shall include AC pavement, street lighting, landscaping, and signing and striping. 67. Make an offer of dedication for all public streets and easements required by these conditions or as shown on the plans. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. FJ Page 11 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND F1 TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014, -026, -027: 374-072-018, -020, -022. -026, -028, -030, -032, -034 and -036 68. Applicant shall submit signing and striping plans (including Sumner Avenue) and traffic control plans for the required street improvements for the project. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. These include Signs for streets within the project. 69. A California Registered Civil Engineer shall prepare the street and traffic improvement plans. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Prior to Issuance of a Grading Permit 70. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 71. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. i 72. Construction Project access and hauling route shall be submitted and approved by the City Engineer. 73. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 74. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 75. The applicant shall obtain all necessary off-site easements and/or permits for off- site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 76. Applicant shall provide erosion control measures as part of the grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 77. Applicant shall provide the City proof of having filed a Notice of Intent with the Page 12 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND ~ TENTATIVE PARCEL MAP NO. 36193. FOR "POTTERY COURT" ON APNS 374-071-003 thru -014,-026, -027: 374-072-018, -020, -022. -026. -028. -030, -032, -034 and -036 Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 78. An approved WQMP plan shall be provided. Prior to Issuance of Building Permit 79. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 80. Prior to applying for a building permit, the applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. 81. Applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 82. Applicant shall pay all fees and shall satisfy the requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 83. All compaction reports, grade certifications, and monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before scheduling and approving final inspection of off-site improvements. 84. All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 85. All required easements, dedications, and agreements required by these conditions of approval shall be completed and recorded. Page 13 of 15 Agenda Item No. Page _ of _ CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND ~ TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014.-026, -027: 374-072-018, -020. -022. -026, -028. -030. -032, -034 and -036 86. All signing and striping and traffic control devices required by these conditions of approval shall be installed. 87. Water and sewer improvements shall be completed in accordance with Water District requirements. 88. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities and streets outside the public right-of-way. 89. In accordance with Ordinance No. 1212, this project is exempt from the payment of TUMF fees. 90. The applicant shall submit as-built plans and shall be responsible for revising the mylar plans. A digital copy of all completed public improvement plans shall also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. -i PARKS AND RECREATION DEPARTMENT 91. Property management to maintain all private parks, pools, common walkways, and open space and recreational facilities. 92. Developer shall pay park fees per the City's Park Improvement fees of $1,400 per unit. 93. Design and construct pedestrian trail system along the Riverside County Flood Control Channel from Pottery Street to Sumner Avenue. Trail will be constructed per the City's design plans for the Riverwalk Channel project. Contact Parks and Recreation Department for a copy of plans. DEPARTMENT OF ADMINISTRATIVE SERVICES - None. RIVERSIDE COUNTY FIRE DEPARTMENT GENERAL CONDITIONS 94. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit numbers are required on all correspondence. Page 14 of 15 Agenda Item No. Page _ of CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009-02 AND F1 TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374-071-003 thru -014,-026, -027; 374-072-018. -020, -022, -026, -028, -030, -032, -034 and -036 Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market Street, Suite 150, Riverside, CA 92501. Phone: (951) 955-4777; Fax: (951) 955-4886. 95. With respect to the conditions of approval for the referenced project, the Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and/or recognized fire protection standards: 96. Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 97. The water mains shall be capable of providing a potential fire flow 4000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for a two- hour duration at 20 PSI residual operating pressure. 98. Approved super fire hydrants (6" x 4" x 2 ''/z") shall be located at each street not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a fire hydrant. 99. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. 100. The Environmental Constraint Sheet (ECS) Map must be stamped by Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. OTHER AGENCIES - None. (End of Conditions) Attachments: 1). Southern California Gas Company letter dated May 4, 2009. 2). Elsinore Valley Municipal Water District letter dated May 11, 2009. 3). Riverside County Flood Control and Water Conservation District letter dated May 13, 2009. Page 15 of 15 Agenda Item No. Page of