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Home My WebLink About14-115 Staff ReportCITY OF ? I /11^ LAKE LSII`IO E K � P lz DREAM EXTREME. CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE PLANNING MANAGER DATE: MAY 6, 2014 PROJECT: TENTATIVE TRACT MAP NO. 36624 - A REQUEST TO SUBDIVIDE 13 GROSS ACRES INTO 75 SINGLE FAMILY RESIDENTIAL LOTS, PRIVATE STREETS, PARKWAYS AND PUBLIC UTILITY LOTS, LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 74 AND ROSETTA CANYON DRIVE, IN THE RAMSGATE SPECIFIC PLAN; AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 — A REQUEST TO CONSTRUCT THREE (3) FLOORPLANS WITH THREE (3) ARCHITECTURAL STYLES, RANGING IN SIZE FROM 2,321 SQUARE FEET, 2,464 SQUARE FEET, AND 2,717 SQUARE FEET; AND THE INSTALLATION OF A MODEL HOME COMPLEX FOR THE PROJECT. APPLICANT & OWNER: TIMOTHY KANE, PRESIDENT, MBK HOMES SOUTHERN CALIFORNIA LTD, 4 PARK PLAZA, SUITE 1000, IRVINE, CA 92614 Recommendation Staff recommends that the Planning Commission: Adopt Resolution No. 2014 -_; A Resolution of the Planning Commission of the City of Lake Elsinore, Recommending to the City Council Adoption of Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP) for Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07, Located at the Southwest Corner of State Highway 74 and Rosetta Canyon Drive, in the Ramsgate Specific Plan. PLANNING COMMISSION STAFF REPORT TTM 36624 & RDR 2013 -07 MAY 6, 2014 PAGE 2 of 6 2. Adopt Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council Approval of Tentative Tract Map No. 36624, to Subdivide 13 Gross Acres into 75 Residential Lots, Private Streets, Parkways, and Public Utility Lots; Located at the Southwest Corner of State Highway 74 and Rosetta Canyon Drive, in the Ramsgate Specific Plan. 3. Adopt Resolution No. 2014- ; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Approving Residential Design Review No. 2013- 07 for "Trieste ", Located at the Southwest Corner of State Highway 74 and Rosetta Canyon Drive, in the Ramsgate Specific Plan. Project Status At the applicant's request, this project was continued from the January 21, 2014 and February 4, 2014 Planning Commission meetings. In the interim the applicant worked with various City departments to revise the Conditions of Approval for the project. Additionally, the applicant worked with outside agencies and modified design features within the proposed project. Project Description The applicant proposes its "Trieste" project to subdivide 13 gross acres into 75 single - family residential lots, private streets, parkways and public utility lots; and proposes to construct three (3) floor plans with three (3) architectural styles, which are 2,321 square feet, 2,464 square feet, and 2,717 square feet in size, and a model home complex. Project Location The project site is located on the southwest corner of Rosetta Canyon Drive and Highway 74, in the Ramsgate Specific Plan, and is known as Assessor's Parcel No. 347 - 120 -047. PLANNING COMMISSION STAFF REPORT TTM 36624 & RDR 2013 -07 MAY 6, 2014 PAGE 3 of 6 Environmental Setting Project Background On August 22, 2006, the City of Lake Elsinore City Council approved Ramsgate Specific Plan No. 89 -1 Fourth Revision and Addendum No. 3 to the Final Supplemental Environmental Impact Report (SCH No. 88090525). The Fourth Revision permitted medium high density residential development at the project site, and provided design standards and guidelines. Residential Design Review (RDR) No. 2005 -24 for 121 single - family condominiums, which were submitted by MBK Homes in conjunction with Tentative Tract Map No. 34231, a one -lot subdivision for Condominium Purposes, were also approved. RDR 2005 -24 was allowed to expire, and MBK now proposes to reduce the number of units to 75 traditional single - family homes and to eliminate the condominium feature, in response to recent trends in the current housing market. Analysis At a density of 6.2 dwelling units per acre, the project is consistent with the approved Ramsgate Specific Plan, and therefore, consistent with the City's General Plan. EXISTING ZONING GENERAL PLAN LAND USE Project Vacant Ramsgate Specific Plan Ramsgate Specific Plan Site (Medium High Density Residential, 12 -16 dus /ac North Scattered residential, North Peak Specific Plan, North Peak Specific Plan, Vacant R -R (Rural Residential), Low Density Residential Count 3 dwellings/acre) South Rosetta Canyon Ramsgate Specific Plan, Ramsgate Specific Plan Regional Park & Fire (Community Park) Station East Centex Homes Ramsgate Specific Plan, Ramsgate Specific Plan (Medium Density Residential, 5 -12 dus /ac West Ridgestone Ramsgate Specific Plan, Ramsgate Specific Plan Apartments Apartment Density 1. Project Background On August 22, 2006, the City of Lake Elsinore City Council approved Ramsgate Specific Plan No. 89 -1 Fourth Revision and Addendum No. 3 to the Final Supplemental Environmental Impact Report (SCH No. 88090525). The Fourth Revision permitted medium high density residential development at the project site, and provided design standards and guidelines. Residential Design Review (RDR) No. 2005 -24 for 121 single - family condominiums, which were submitted by MBK Homes in conjunction with Tentative Tract Map No. 34231, a one -lot subdivision for Condominium Purposes, were also approved. RDR 2005 -24 was allowed to expire, and MBK now proposes to reduce the number of units to 75 traditional single - family homes and to eliminate the condominium feature, in response to recent trends in the current housing market. Analysis At a density of 6.2 dwelling units per acre, the project is consistent with the approved Ramsgate Specific Plan, and therefore, consistent with the City's General Plan. PLANNING COMMISSION STAFF REPORT TTM 36624 & RDR 2013 -07 MAY 6, 2014 PAGE 4 of 6 Tentative Tract Map No. 36624 The proposed map provides two points of access, one off Rosetta Canyon Drive and the other off Ardenwood. Appropriate entry designs have been added to ensure the safe exiting from the site. Although the interior streets will be private, with parking allowed on one side of the street only, the proposed circulation is consistent with the Ramsgate Specific Plan requirements for residential streets, and is acceptable to the City's Fire Planning Division. The design of the map was reviewed and approved by the Riverside Transit Agency, who intends to continue service to the Rosetta Canyon neighborhood with stops along Central Avenue. Design Review The three styles of architecture — Santa Barbara, Mediterranean and Spanish Colonial — are proposed to offer a few distinctive features and materials, however, MBK's intent is to develop a cohesive neighborhood or "district" of similar construction that sets it apart from the larger Rosetta Canyon development that is already built -out. Hence, the range of architectural choices are limited, in order to emphasize a "community" atmosphere. On January 9, 2014, MBK Homes presented the "Trieste" project to the Rosetta Canyon Homeowners' Association at their regular monthly meeting. Response to the presentation was positive and cooperative. Amenities Because of its location directly across from the Rosetta Canyon Regional Park and Fire Station, MBK proposes to provide a recreation amenity at the Regional Park in lieu of providing play areas within the tract. The City benefits from such a proposal because the Park enhancement will not only serve the "Trieste" residents, but also other residents in Rosetta Canyon and the City. Working with the City's Lake, Parks and Recreation Department, the applicant has located two sites at the Regional Park suitable and in need of canopied group picnic areas, complete with furnishings such as tables, barbecues, seating, trash cans and locked electrical outlets. The project has been conditioned such that these amenities will be "turnkey," and will be completed prior to the first issuance of a Certificate of Occupancy for a production home in the tract. PLANNING COMMISSION STAFF REPORT TTM 36624 & RDR 2013 -07 MAY 6, 2014 PAGE 5 of 6 HOA Maintenance The project is conditioned to form a homeowners' association responsible for the maintenance of perimeter landscaping on Highway 74, Rosetta Canyon Drive and Ardenwood Way where appropriate. Additionally, the HOA shall maintain the interior private streets and common areas within the tract. The HOA shall remain in effect for a minimum period of 30 years, and must obtain the approval of the City Manager prior to any effort to terminate the HOA, with assurance that a method is in place for continued maintenance of the improvements previously maintained by the HOA. Environmental Determination Environmental analysis and clearance for the MBK Homes project is provided by Addendum No. 3 to the Final Supplemental Environmental Impact Report, State Clearinghouse No. 88090525, for the Ramsgate Specific Plan. Addendum No. 3 was approved by the City Council on August 22, 2006, to address changes associated with Ramsgate Specific Plan No. 89 -1 Amendment No. 4. In accordance with California Environmental Quality Act Guidelines Section 15162, the proposed project does not present a substantial change or reveal any new information that would require further CEQA analysis. The environmental impacts associated with development of the project were contemplated by Addendum No. 3 to the Final Supplemental Environmental Impact Report, and were fully analyzed and mitigated therein. No new CEQA documentation is necessary for this project. Prepared by: Carole K. Donahoe, AICP Project Planner Approved by: Richard J. MacHott, LEED Green Associate Planning Manager Attachments: 1. Exhibit 'A' -Vicinity Map 2. Resolution No. 2014- recommending Findings of Consistency with the MSHCP 3. Resolution No. 2014 - recommending that the City Council approve Tentative Tract Map No. 36624. a. Exhibit 'B' — Tentative Tract Map No. 36624 b. Exhibit 'C' — Preliminary Grading Plan 4. Resolution No. 2014- approving Residential Design Review No. 2013 -07. a. Exhibit 'D' - RDR 2013 -07 Site Plan PLANNING COMMISSION STAFF REPORT TTM 36624 & RDR 2013 -07 MAY 6, 2014 PAGE 6 of 6 b. Exhibit 'E' — Model Home Marketing Complex Site Plan & Conceptual Landscape Plan C. Exhibit `F' — Tract Maintenance Plan d. Exhibit `G' — Tract Phasing Plan e. Exhibit `H' — Conceptual Community Park Amenity Plan f. Exhibit `I' - Product Elevations & Floorplans g. Exhibit `J' — Colored Product Elevations & Streetscapes (Enclosure only) 5. Planning Commission Memo Request for Continuance to February 4, 2014 6. Planning Commission Memo Request for Continuance Off - Calendar VICINITY MAP TENTATIVE TRACT MAP NO. 36624 RESIDENTIAL DESIGN REVIEW NO. 2013-07 "TRIESTE" BY MBK HOMES CITY 0 F LAKJE LSINOR,-E co-91, DREAM EXrm,.m.F,, RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07, LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 74 AND ROSETTA CANYON DRIVE, IN THE RAMSGATE SPECIFIC PLAN WHEREAS, MBK Homes submitted applications for Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 to subdivide 13 gross acres into 75 residential lots, private streets, parkways, and public utility lots; and to construct three (3) floor plans with three (3) architectural styles and a model home complex; on property located within the Ramsgate Specific Plan; and WHEREAS, these applications comprise the "project" as defined by Section 21065 of the California Environmental Quality Act (CEQA), California Public Resources Code Section 21000 et seq., which is defined as an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and which includes the issuance to a person of a lease, permit, license, certificate or other entitlement for use by one or more public agencies; and WHEREAS, Addendum No. 3 to the Final Supplemental Environmental Impact Report (SCH No. 88090525) was prepared to evaluate environmental impacts resulting from the Ramsgate Specific Plan and Medium High Density Residential uses on the project site; and WHEREAS, public notice of said project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item at public hearings held on January 21, 2014 February 4, 2014, and May 6, 2014; 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 reviewed and analyzed the proposed applications and their consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP. SECTION 2. That in accordance with the California Planning and Zoning Laws, the City of Lake Elsinore Municipal Code, and the Western Riverside County Multiple Species Habitat Conservation Plan, Findings for adoption have been made as follows: PLANNING COMMISSION RESOLUTION NO. 2014 - _ MSHCP CONSISTENCY FOR TTM 36624 & RDR 2013 -07 PAGE 2 of 5 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency Finding before approval. The proposed project includes a tentative tract map and requires a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements." These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal pool Guidelines (MSHCP, Section 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, Section 6.1.3), Additional Survey Needs and Procedures (MSHCP, Section 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, Section 6.1.4), Vegetation Mapping (MSHCP, Section 6.5.1) requirements, Fuels Management Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, Section 4). 2. The proposed project is not subject to the City's LEAP (Lake Elsinore Acquisition Process) and the County's Joint Project Review processes. The proposed project is not located within an MSHCP Criteria Cell area, therefore, no formal LEAP submittal was required. However, the project is still required to demonstrate compliance with "Other Plan Requirements." The project is in compliance as described further below. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP- covered species, none of which has any potential to occur on the project site. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project site is not located within the Narrow Endemic Plant Species Survey Area (NEPSSA) as shown on Figure 6 -1 of the MSHCP. Based on its location outside of any NEPSSA or Criteria Area Species Survey Area (CA SSA), the proposed project is compliant with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. PLANNING COMMISSION RESOLUTION NO. 2014 - MSHCP CONSISTENCY FOR TTM 36624 & RDR 2013 _ -07 PAGE 3 of 5 The MSHCP requires additional surveys for certain species if the project is located in CASSA, Amphibian Species Survey Area with Critical Area, Burrowing Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with Criteria Areas of the MSHCP. The project site is located outside of any CASSA for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. The proposed project is located within the survey area identified for the burrowing owl. The site has already been rough graded and adjacent road improvements constructed. No suitable burrowing owl habitat currently exists on the project site. However, due to the migratory nature of the burrowing owl, there is a possibility that although burrowing owls are not currently located on the project site, they could occupy the site prior to actual project construction. Therefore, a pre- construction burrowing owl survey will be required per the MSHCP. Based upon the above, it can be concluded that the proposed project is consistent with the provisions of the MSHCP. 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. The proposed project site is separated from nearby criteria cells by existing residential subdivisions located within the Ramsgate Specific Plan. Therefore the urban /wildlands interface guidelines set forth in Section 6.1.4 of the MSHCP are not applicable. 7. The proposed project is consistent with the Vegetation Mapping requirements. No vegetation mapping requirements apply to the proposed project. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project site is separated from nearby criteria cells by existing residential subdivisions located within the Ramsgate Specific Plan. Therefore, the fuels management guidelines set forth in the MSHCP are not applicable. 9. The proposed project is conditioned to pay the City's MSHCP Local Development Mitigation Fee. The applicant has satisfied the City's requirement to pay the Multiple Species Habitat Conservation Plan Local Development Mitigation Fee, as noted in the Eighth Operating Memorandum of Understanding to the Development Agreement between the City of Lake Elsinore and Rialto Development Corporation, recorded June 27, 1990. PLANNING COMMISSION RESOLUTION NO. 2014 - _ MSHCP CONSISTENCY FOR TTM 36624 & RDR 2013 -07 PAGE 4 of 5 10. The proposed project overall is consistent with the MSHCP. The City received a letter dated February 27, 2006, from Thomas B. Mullen, Executive Director, Western Riverside Regional Conservation Authority stating that projects within the Ramsgate Specific Plan are covered by the mitigation program contained in that plan and accepted in anticipation of the MSHCP being adopted and the agency permits signed. Mr. Mullen concluded that the preservation of the mitigated lands for the Ramsgate SP helped to insure that the permits were signed. The entire project is consistent with the MSHCP and provides effective conservation on the project site to meet the biological issues and considerations of the MSHCP. 11. There is no substantial evidence, in the light of the whole record before the agency, that the project may have significant effects on the environment. SECTION 3. 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, on the sixth day of May, 2014. David Blake, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 - MSHCP CONSISTENCY FOR TTM 36624 & RDR 2013 _ -07 PAGE 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the sixth day of May 2014, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 36624, TO SUBDIVIDE 13 GROSS ACRES INTO 75 RESIDENTIAL LOTS, PRIVATE STREETS, PARKWAYS, AND PUBLIC UTILITY LOTS; LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 74 AND ROSETTA CANYON DRIVE, IN THE RAMSGATE SPECIFIC PLAN WHEREAS, MBK Homes filed an application for Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 (the "project ") with the City of Lake Elsinore for a residential subdivision of 13.81± acres of unimproved property; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, public notice of said project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item at public hearings held on January 21, 2014, February 4, 2014, and May 6, 2014; 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 reviewed and analyzed the proposed applications prior to making a decision to recommend approval of the Tentative Tract Map No. 36624. SECTION 2. That in accordance with the California Planning and Zoning Laws and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for Tentative Tract Map No. 36624: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore 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 design of the proposed map, at a density of 6.2 dwelling units per acre, is consistent with the approved Ramsgate Specific Plan, and therefore, consistent with the General Plan. 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan. PLANNING COMMISSION RESOLUTION NO. 2014 - _ TTM 36624 PAGE 2 of 3 The design and density is compatible with the Ridgestone Apartments to the west, State Highway 74 on its northern border, and the Rosetta Canyon Community Park to the South. The map provides landscaped open space areas surrounding the project on all four sides that protect the natural topography, and soften the perimeter community walls. 3. The effects that this project are 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 project is consistent with the City's General Plan. During the approval of the General Plan in December, 2011, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. Tentative Tract Map No. 36624 is conditioned to comply with all development standards of the Ramsgate Specific Plan Sixth Revision. Standards within the Specific Plan have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into the design of Tentative Tract Map No. 36624. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2014 - _ TTM 36624 PAGE 3 of 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on the sixth day of May, 2014. David Blake, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 - was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the sixth day of May 2014, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) GENERAL 1. The proposed project consists of product design and construction of 75 single - family detached residential units and related improvements on 13 gross acres subdivided into 75 residential lots, 18 lots for utilities, open space, parkway and private streets, and two (2) public street entrances. 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 and /or Tentative Tract Map attached hereto. 3. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this project by the City Council. Twenty - four (24) hours prior to the public hearing, the applicant shall provide the City a check payable to the "County of Riverside" in the amount of $50.00 to cover the Clerk's processing fee for this filing. 4. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgement of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. Additionally, within 30 days of project approval, the applicant shall submit to the Community Development Department a final approved version of the Tentative Tract Map and Residential Design Review in digitized format, and ten hardcopy revised drawings where applicable that incorporates these Conditions of Approval. PLANNING DIVISION 5. Design Review approval for Residential Design Review No. 2013 -07 will lapse and be void unless a building permit is issued within two (2) years of the approval date and construction commenced and diligently pursued to completion. 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. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. 6. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Ramsgate Specific Plan and Lake Elsinore Municipal Code, prior to issuance of certificate of occupancy and release of utilities. Planning Commission Page 1 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 7. Applicant shall comply with all relevant Mitigation Monitoring Program requirements as set forth in the Mitigation Monitoring Program dated June 2007 for the Ramsgate Specific Plan, Sixth Revision. The applicant shall fund the preparation of Mitigation Monitoring Program Reports if deemed necessary by the Community Development Director during construction. A final report shall be prepared prior to issuance of any certificate of occupancy for the seventh and final phase of construction. 8. A pre - grading burrowing owl survey is required in order to comply with the requirements of the Multiple Species Habitat Conservation Plan. The focused survey shall be conducted by a qualified biologist during the appropriate season (March through August for burrowing owls), and no earlier than 30 days prior to grading. 9. All site improvements shall be constructed as indicated on the approved building elevations, site plan, phasing, maintenance or other plans submitted for the Residential Design Review and the Model Home Complex. 10. As an alternative to providing on -site recreational amenities for residents, the applicant shall prepare and construct "turn -key" off -site amenities at the Rosetta Canyon Community Park across Ardenwood Way. a. Construction drawings shall be provided to the Director of Lake, Parks & Recreation for review and approval, with a copy to the Director of Community Development, prior to the issuance of the first building permit for Trieste production units. b. Construction of recreational amenities at the Rosetta Canyon Community Park shall be completed, inspected and approved for use prior to the issuance of the first Certificate of Occupancy for the Trieste production units. 11. Future site plotting and construction shall be consistent with these Conditions of Approval and the approved Tentative Tract Map No. 36624 exhibit, and those provisions and requirements contained in the Municipal Code, subject to approval by the Community Development Director or designee. 12. The applicant shall submit for review and approval by the Building Division building plans that are designed to current UBC and adopted codes, and meet all applicable Building and Safety Division requirements. a. Driveways shall be constructed of concrete per Building and Safety Division standards. Planning Commission Page 2 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 13. The following architectural details shall be provided: All front fence returns will be decorative masonry walls. Wood fences will not be allowed along the front elevation. The applicant shall provide four -sided articulation. Architectural enhancements and treatments shown on approved elevations shall be provided for those side and rear elevations that are within the public view. No enhanced right side elevations have been approved with this application, therefore, right side elevations shall only face an adjacent house. The applicant shall request and provide evidence for certain specific side and /or rear elevations where enhanced architectural treatments may be waived, subject to approval by the Community Development Director or designee. • Eight (8) different color schemes shall be provided. The applicant shall submit for review and approval by the Community Development Director or his designee, a detailed Plotting Plan prior to the issuance of building permits for each phase, which indicates the style and color scheme to be used on each lot. Styles shall be evenly distributed throughout the site. The identical product and /or color scheme shall not be constructed directly across or adjacent to one another. 14. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 15. All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 16. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 17. The applicant shall prepare a list of proposed street names for review and approval by the Planning, Building, and Fire Departments of the City. 18. 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. Planning Commission Page 3 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 19. Prior to the issuance of a grading permit, the applicant shall initiate the formation of a homeowners' association (HOA), and provide to the City for review and approval Covenants, Conditions and Restrictions (CC &Rs) for said HOA. a. All open space or common areas, maintenance easements, drainage facilities, private streets, landscape easements and perimeter landscaping along Rosetta Canyon Drive and Ardenwood Way Rights -of -Way, Lot 'D' and other perimeter landscaping, and street side landscaping at the project entrance, shall be maintained by the HOA as shown in Exhibit 'F' - Tract Maintenance Plan. b. CC &Rs shall prohibit on- street storage of boats, motor homes, trailers and trucks over one -ton capacity. c. CC &Rs shall prohibit front -yard microwave satellite antennas. d. All letter lots shall be owned and maintained by the HOA and so noted on the Final Map, excepting Lots 'A' and 'B' which shall be dedicated to the City. e. The CC &Rs shall not be subject to termination for a period of thirty (30) years following recordation. In the event that the property owners elect to terminate the CC &Rs following such thirty (30) year period, such termination shall be subject to the approval of the City Manager upon a showing that the then property owners have provided a method of assuring continued maintenance of the improvements previously maintained by the HOA. The private street improvement plans and standards for maintenance shall be subject to approval by the Director of Public Works. g. The landscaping improvement plans and standards for maintenance shall be subject to approval by the Director of Community Development. 20. All HOA documents shall be approved by the City and recorded, such as the Articles of Incorporation and the CC &Rs prior to the first Certificate of Occupancy. 21. 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 Lake Elsinore Municipal Code (LEMC), 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. Planning Commission Page 4 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 22. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) 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. 23. Upon violation by the applicant of the City's Noise Ordinance or Condition of Approval No. 22, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval No. 22. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 24. The applicant shall comply with all applicable City Codes and Ordinances. 25. 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. 26. Construction phasing shall be implemented in accordance with the approved Phasing Plan which avoids construction traffic from entering occupied neighborhoods within the tract. 27. A cash bond of $1,000.00 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. 28. A cash bond of $1,000.00 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. 29. A cash bond of $1,000.00 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. Planning Commission Page 5 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 30. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 31. 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. 32. The design and construction of the project shall meet all County Fire Department standards for fire protection. 33. 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, prior to issuance of building permit. 34. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 percent plant coverage using a combination of drip and conventional irrigation methods. Construction Landscape & Irrigation drawings shall be prepared, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Cost Estimate for materials and labor shall also be submitted for review and approval. A Landscape Plan Check fee will be charged prior to final landscape approval based on the Consultant's fee, inspection, permit and administration fees. • The applicant shall replace any street trees harmed during construction, in conformance with the City's Street Tree List, at a maximum of 30 feet apart and at least 24 -inch box in size. • Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. • The applicant shall ensure a clear line of sight at ingress /egress points by providing plantings within 15 feet of ingress /egress points whose height does not exceed three feet and whose canopy does not fall below six feet. • The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention shall be given to use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. Planning Commission Page 6 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) All landscape improvements shall be bonded with a ten percent (10 %) Faithful Performance Bond of the approved estimated labor and materials cost for all planting. The bond shall remain in effect for one year 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. Xeriscape is a method of landscape design that minimizes water use by: 1) Implementing hydrozones; 2) Minimizes high water -use plant material as identified by WUCOLS (such as turf) and incorporates water - efficient ( "drought- tolerant" / climate- appropriate) plants; 3) Requires an efficient irrigation system that includes: a. ET -Based ( "Smart irrigation ") controller(s) with weather - sensing, automatic shut- off and seasonal adjustment capabilities; b. Efficient irrigation water application through use of: i. Low - volume point- source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and /or ii. Spray or rotor -type nozzles for areas a minimum of eight (8) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71. 4) Improvement of soil structure for better water retention; and 5) Application of mulch to hinder evaporation. 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. • 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. Planning Commission Page 7 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 35. The applicant shall submit a Wall & Fence Plan for the entire project prior to the issuance of building permits. The detailed Wall & Fence Plan may proposed decorative masonry, a combination wrought iron and decorative masonry, vinyl or wood materials. The Plan shall clearly identify with distinguishable symbols the location of all different types of wall and fence materials proposed. The Plan is subject to review and approval by the Community Development Director or his designee. 36. 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. 37. All perimeter walls shall be coated with anti - graffiti paint. Any retaining walls visible to the public shall match the perimeter walls in color and style. 38. All rear and side yard wood fencing shall be painted or treated with a high - grade, solid body, penetrating stain approved by the Community Development Director. 39. 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. 40. These Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. 41. The applicant shall pay all appropriate City fees. 42. The applicant has satisfied the Multiple Species Habitat Conservation Plan Fee (MSHCP) Local Development Mitigation Fee prior to obtaining building permits, as noted in the Eighth Operating Memorandum of Understanding to the Development Agreement between the City of Lake Elsinore and Rialto Development Corporation, recorded June 27, 1990. The Eighth OMOU is effective June 27, 2012 through June 27, 2016. 43. 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. PUBLIC WORKS / ENGINEERING DEPARTMENT General Requirements: 44, Tentative Map 36624 consists of one phase of a final plan. All related public Planning Commission Page 8 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) improvement shall be completed or guaranteed before approval of Final Map. All WQMP and grading shall be completed in one phase. 45. All dedications to the City and utilities shall be revised from numbered lots to lettered lots. Easement shall be secured for the benefit of EVMWD. 46. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is, less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 47. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 48. 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. 49. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 50. Street improvements including street lighting, traffic signing and striping are required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and /or Riverside county standards. 51. Left turns out of the development will be restricted by " po rk-ch op %type islands and signage at both access points. Street "G" at Rosetta Canyon Road will have an island constructed with mountable curb to facilitate fire access. 52. The applicant shall restripe Rosetta Canyon Drive along the property frontage for a Class III bicycle lane. 53. A three -foot wide public utility easement shall be dedicated on both sides of the interior streets. Additional easement shall be dedicated to the City for accessing street lights and fire emergency. 54. All privately -owned streets shall have sidewalks on both sides of the street that meet minimum ADA requirements. 55. All proposed knuckles and cul -de -sac shall meet Riverside County Fire Department standards. Planning Commission Page 9 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 56. On Ardenwood Way, a curb depression shall be provided for access and removable balusters or a locked gate installed at access road. 57. 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. 58. 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. 59. Applicant shall pay all development impact/mitigation fees, per the Eighth Operating Memorandum of Understanding to the Development Agreement between the City of Lake Elsinore and Rialto Development Corporation, dated June 27, 1990. The Eighth OMOU is effective June 27, 2012 through June 27, 2016. 60. 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. 61. 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 or dedicated right -of -way for storm water (Lot 'C'). When either of these criteria are exceeded, drainage facilities shall be provided. 62. 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. 63. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 64. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all Planning Commission Page 10 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 65. On -site drainage shall be conveyed to a public facility, such that the drainage shall be: (i) accepted by adjacent property owners by a letter of drainage acceptance by the Rosetta Canyon HOA or pertaining agencies /property owner, or (ii) conveyed to a drainage easement held by Caltrans, acceptance of which shall be acknowledged by letter in such form as approved by the City Engineer. 66. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed to a safe and adequate point of discharge subject to review and approval by the City Engineer. 67. Roof drains shall not be allowed to outlet directly through coring in the street curb. 68. Roofs should drain to a landscaped area. 69. Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 70. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm Water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Permit 71. The applicant shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board in compliance with National Pollutant Discharge Elimination System ( NPDES) requirements. Proof of filing a Notice of Intent (NOI) will be required by the City. The WDID# shall be displayed on the title sheet of the grading plans. Planning Commission Page 11 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 72. The applicant shall submit grading plans with appropriate security. 73. The developer is responsible to ensure that the on and off -site flows leaving the site are equal to or less than the previously approved 48 cfs. All storm drain facilities shall comply with Riverside County Flood Control District's design standards with appropriate safety factors. 74. The applicant shall provide a copy of appropriate correspondence or necessary permits from Federal and /or State regulatory agencies prior to grading that affects wetlands or "waters of the United States." 75. Applicant to provide erosion control measures as part of their 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. 76. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Prior to approval of Final Map 77. Prior to final map recordation, the developer shall ensure that a homeowner's association is established for the purpose of maintaining all private streets, common areas, landscaping areas, and private utilities. The landscaping areas include, but are not limited to, interior landscaping, property frontage along Ardenwood Way and Rosetta Canyon Road, Lot A of TR 25479, and Lot T. The association documents, including all necessary Covenants, Conditions and Restrictions (CC &R's), shall be subject to the review and approval of the Public Works Department and the City Attorney and shall be recorded concurrently. 78. Prior to recordation the developer shall finish the construction or post security guaranteeing construction of all improvements. Said improvements shall include, but are not limited to, the following: a) All street facilities (list the streets /highways by name). b) All drainage facilities (list the channels /storm drains by name or reference them by street). c) All required grading, including erosion control. Planning Commission Page 12 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) Prior to Issuance of Building Permit 79. Unless other timing is indicated, all Public Works requirements shall be complied with as a condition of development for Tract 36624 and as specified in the Lake Elsinore Municipal Code (LEMC 16.34.040) prior to building permit. 80. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 81. Street improvements shall include ac pavement, curb /gutter, sidewalk, signing and striping, and street lighting. 82. Driveway approaches near the end of cul -de -sac that are too close should be combined to provide for smoother transition. 83. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees per the 8th OMOU to the Development Agreement dated June 27, 2012. (LEMC 16.34) Prior to Occupancy 84. Prior to the first Certificate of Occupancy, the applicant shall record Covenants, Conditions and Restrictions (CC &R's) or enter into an acceptable maintenance agreement with the City to inform future property owners to implement the approved WQMP. 85. Prior to issuance of the first Certificate of Occupancy, the applicant shall provide proof of notification to the future homeowners and /or occupants of all structural BMP's and educational and training requirements for said BMP's as directed in the approved WQMP. 86. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division. 87. All street improvements (onsite and offsite) including signing and striping, and street lighting and drainage improvements shall be completed in accordance with the approved plans or as condition of development for Tract 36624 to the satisfaction of the City Engineer. 88. Water and sewer improvements shall be completed in accordance with Elsinore Valley Planning Commission Page 13 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) Municipal Water District requirements. ADMINISTRATIVE SERVICES DEPARTMENT 89. Prior to issuance of any building permit, the applicant shall create a new funding mechanism, or expand the services of Lighting and Landscape Maintenance District No. 1 (Zone 15), to offset the annual negative fiscal impacts of the new public street lights within the development for which the City will pay for electricity and maintenance fees to Southern California Edison. Applicant shall pay to the City the appropriate non - refundable deposit to cover the cost of the formation process. The applicant may propose alternative financing mechanisms to fund the annual maintenance costs, including the creation of a Mello -Roos Community Facilities District. 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. FIRE PROTECTION PLANNING OFFICE GENERAL CONDITIONS 91. Lake Elsinore Fire Protection Planning Office Responsibility- It is the responsibility of the recipient of these Fire Department Conditions of Approval to forward them to all interested parties. The case number (as noted above) is required on all correspondence. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Fire Protection Planning Division at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 674 -3124 Ext. 225. Fax: (951) 471 -1419. 92. City Case Statement- With project, the Fire Department provided in accordance with protection standards. respect to the Conditions o, recommends the following the Lake Elsinore Municipal Approval for the referenced fire protection measures be Code and /or recognized fire 93. Blue Dot Reflectors- 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 Dept. Planning Commission Page 14 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) 94. Minimum Hydrant Fire Flow- Minimum required fire flow shall be 1,000 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. 95. Hydrant System- Fire hydrant (s) (6" x 4" x 2 -1/2 ") will be located not less than 25 feet or more than 250 feet from any portion of the building as measured along approved vehicular travel ways. The required fire flow shall be available from any adjacent hydrant (s) in the system. Average spacing between hydrants shall be as follows: 500' maximum spacing between hydrants and 250' maximum distance from any point on the street or road frontage to hydrant. 96. Hazardous Fire Area- The proposed project is located in a high or very high fire zone as adopted in the Lake Elsinore Municipal Code. The project shall adhere to all high fire requirements as prescribed in the Title 24 Codes, and any applicable state and local codes pertaining to high fire. The structures shall comply with Chapter 7A of the Building Code and /or Section R327 of the California Residential Code. Roofing Materials shall be classified at not less than Class "A." 97. Secondary Access- In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance with the City of Lake Elsinore Engineering Department standards to accommodate full fire response and community evacuation. 98. Automatic / Manual Gates- Where gate entrances are installed entrances shall be at least two feet wider than the width of the traffic lane (s) serving that gate and no less than 20 feet wide. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one -way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic /manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Contact the Fire Planning office for current plan check fees. 99. Fire Rated Separation- Where fire rated separation is required in accordance with the California Building Code; fire walls, fire barriers, fire partitions, smoke barriers, and smoke partitions or any other wall required to have protected openings or penetrations, shall be effectively and permanently identified with signs or stenciling. Such identification shall be located in accessible concealed floor, floor ceiling or attic spaces repeated at intervals not Planning Commission Page 15 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) exceeding 30 feet along the wall, and include lettering not less than .5 inch in height, incorporating the suggested wording "FIRE AND /OR SMOKE BARRIER — PROTECT ALL OPENINGS," or other wording. PRIOR TO GRADING PERMIT ISSUANCE 100. Landscape Management Plan- Landscape plans shall be provided to the Lake Elsinore Fire Protection Planning office. Plans shall include fuels modeling and comprehensive details with regard to the landscape management plan. The fuels modification zone shall be not less than 100' from all structures and may be required to be increased up to the property lines. PRIOR TO BUILDING PERMIT ISSUANCE 101. Water System Plans- Applicant and /or developer shall submit two separate sets of water system plans to the Fire Department for review. Plans must be signed by a registered Civil Engineer and /or water purveyor prior to Fire Department review and approval. Mylars will be signed by the Fire Department after review and approval. Two (2) copies of the signed and approved water plans shall be returned to the Fire Department before release of a building permit. 103. Prior to Building Construction Verification- This project shall be inspected and approved by the Fire Marshal or designee prior to bringing combustible materials on site. During such inspection all permanent road signs shall be in place, all hydrants shall be operational and approved for use by the water purveyor, and all permanent road surfaces shall be completed including primary and secondary access circulation. PRIOR TO BUILDING FINAL INSPECTION 104. Residential Fire Sprinkler Systems for Single family and two- family 1313- Install a complete fire sprinkler system designed in accordance with California Residential Code, California Fire Code and adopted standards. A C -16 licensed contractor must submit plans, along with the current fee, to the Fire Department for review and approval prior to installation. 105. Designated Fire Lanes- The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and /or signs. LAKE, PARKS AND RECREATION DEPARTMENT Planning Commission Page 16 of 17 May 6, 2014 REVISED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36624 AND RESIDENTIAL DESIGN REVIEW NO. 2013 -07 FOR "TRIESTE" BY MBK HOMES AT ROSETTA CANYON (RAMSGATE SPECIFIC PLAN) Development Conditions for Voluntary Off -Site Improvements to Rosetta Canyon Park: 106. In -lieu of Applicant constructing recreational amenities at the Project Site per the Ramsgate Specific Plan and to satisfy Quimby Act requirements, the Applicant has agreed to make the following recreational improvements to Rosetta Canyon Community Park. 107. Construct two "turn -key" group picnicking shelter areas, with concrete flooring, per the following general specifications: a. Construct the park amenities in conformance with the conceptual park site plan as shown in Exhibit `H' — Conceptual Community Park Amenity Plan. b. Final Plans & Specifications shall be submitted and approved by the Director of the Lakes, Park and Recreation Department, with his initials on plans. c. Quantity of two (2) Group Shade Structures that are substantially similar to Model Poligon Marquee #MAR 30'x34' by Porter Corp., Holland, MI. d. Amenities (City Standard Precast Concrete): i. (16) Picnic Tables ii. (4) BBQs and small table iii. (4) Waste Containers iv. (2) Hot Ash Containers h. Construct ADA accessible path of travel from the parking lot to shade structures. i. Obtain all standard permits and pay fees to City. Pay Prevailing Wage to workers for construction of public improvements. END OF CONDITIONS Planning Commission Page 17 of 17 May 6, 2014 9 W Eli> M4 P" 5n! CU i , 7i og uX Ci Ei I DL... dal I a7 og uX Ci ![/ to MR - Vo 1-01H ^ \� ° /` � !( \ \[ �(�( UP OWN ~` ^/ \ gm :(11 pq rH 1 H ![/ to MR - Vo 1-01H RESOLUTION NO. 2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 36624, TO SUBDIVIDE 13 GROSS ACRES INTO 75 RESIDENTIAL LOTS, PRIVATE STREETS, PARKWAYS, AND PUBLIC UTILITY LOTS; LOCATED AT THE SOUTHWEST CORNER OF STATE HIGHWAY 74 AND ROSETTA CANYON DRIVE, IN THE RAMSGATE SPECIFIC PLAN WHEREAS, MBK Homes filed an application for Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 (the "project ") with the City of Lake Elsinore for a residential subdivision of 13.81± acres of unimproved property; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, public notice of said project has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item at public hearings held on January 21, 2014, February 4, 2014, and May 6, 2014; 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 reviewed and analyzed the proposed applications prior to making a decision to recommend approval of the Tentative Tract Map No. 36624. SECTION 2. That in accordance with the California Planning and Zoning Laws and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for Tentative Tract Map No. 36624: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore 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 design of the proposed map, at a density of 6.2 dwelling units per acre, is consistent with the approved Ramsgate Specific Plan, and therefore, consistent with the General Plan. 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan. PLANNING COMMISSION RESOLUTION NO. 2014 - _ TTM 36624 PAGE 2 of 3 The design and density is compatible with the Ridgestone Apartments to the west, State Highway 74 on its northern border, and the Rosetta Canyon Community Park to the South. The map provides landscaped open space areas surrounding the project on all four sides that protect the natural topography, and soften the perimeter community walls. 3. The effects that this project are 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 project is consistent with the City's General Plan. During the approval of the General Plan in December, 2011, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. Tentative Tract Map No. 36624 is conditioned to comply with all development standards of the Ramsgate Specific Plan Sixth Revision. Standards within the Specific Plan have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into the design of Tentative Tract Map No. 36624. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2014 - _ TTM 36624 PAGE 3 of 3 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on the sixth day of May, 2014. David Blake, Chairman City of Lake Elsinore Planning Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -_ was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the sixth day of May 2014, and that the same was adopted by the following vote: AYES: NOES: ABSTAIN: ABSENT: Richard J. MacHott, LEED Green Associate Planning Manager -- --F - - ■ I as 1 f lip TF- Piaui 1 P ill 1 0001 M 10 111 $S 6k C oil 1 su—MRS -- --F - - ■ I as 1 f -- --F - - ■ 1 f 1 f TF- O 9 a � = 544y3333 X W J a. 2 O U C3 Z N Wa Y cr c Qo �a WU $ LU 2� w 1— = z f1 J uiNW ui W W w Maw 0 W x�ut O Y Ymz in IL \\ ./� ! §; i[\ \ \ - ( \ \ , \[(§) § § § §§ )) \ )4 !E / Er q ;r !/ !/ )[ /( ®� ,K) § § "a / \ \(} § \(§( E:; §: !( Ja` \` 4 \ \S ! 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R z 0 Q J W F" z LL vi W O z ._1 Q LU W A ► 1l I >Q W J W LL W J E d y > N p N O N w :L o RU m(9 m o U ' yS E LL O� avi v� - � a $ ar Kwinm �O3fL w 2V1 ? I _j� z 0 Q w LY Q z 0 LLJQ J F. V O N v c N v ►0 tZ99E 'ON 1:)-eal aJOUIS13 Duel '3 1 S311d I 4 002 -M (W) XtA On q._8 T929 mm DW41 U E6, oul "M z 0 Qa U-i U- uj Lu 7- Z Lu z 0 0 0 0 �u LU Q� z 0 2.4 uj In LU 0 VLL zw am 2: , 7- uj z 0 0 0 z 0 Lu 0 ce 2 Lu P LU V LL zw < L Z Lu?: I 75 No CITY OF LADE LS1110KE' DREAM EXTREME. MEMORANDUM TO: Honorable Chairman And Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: January 21, 2014 SUBJECT: Agenda Item No. 3 Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 for "Trieste." The applicant has requested a Continuance of the above - referenced project in order to reexamine Conditions of Approval for the project. Staff recommends to the Commission that they honor his request, take testimony from the interested parties who have responded to the Notice of Public Hearing, and continue Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 to the Planning Commission hearing on February 4, 2014. CITY O F LADE LS I NODE DREAM EXTREME. MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Richard J. MacHott, LEED Green Associate Planning Manager DATE: February 4, 2014 SUBJECT: Agenda Item No. 2 Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 for "Trieste." The applicant has requested that the above - referenced project be taken off calendar, to be re- advertised for a future date. Staff recommends that the Planning Commission honor his request, take testimony from any interested parties who have attended this hearing, and continue Tentative Tract Map No. 36624 and Residential Design Review No. 2013 -07 Off - Calendar. Staff requests that Commissioners and Department Staff return all exhibits provided for this project to the Planning Commission Secretary.