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HomeMy WebLinkAboutOrd. No. 2008-1247 ORDINANCE NO. 1247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2005-02 WHEREAS, Spyglass Ranch LLC has filed an application with the City of Lake Elsinore requesting approval of Specific Plan No. 2005-02 for the project identified as the Spyglass Ranch Specific Plan (the "Project"); and WHEREAS, on January 15, 2008, the Planning Commission of the City of Lake Elsinore considered the proposed Specific Plan and recommended that the City Council of the City of Lake Elsinore approve the Specific Plan; and WHEREAS, the 259.6 acre project site is located on the east side of Camino Del Norte at its intersection with Main Street within the City of Lake Elsinore (the "Project Site"); and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of approving Specific Plans; and WHEREAS, public notice of the Project has been given, and the City Council of the City of Lake Elsinore has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on February 26,2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. Prior to approving the project, the City Council of the City of Lake Elsinore has reviewed and analyzed Specific Plan No. 2005-02 pursuant to the Planning and Zoning Laws (Cal. Gov. Code 65000 et. seq.) and Chapter 17.99 of the Lake Elsinore Municipal Code ("LEMC"). Section 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Specific Plan No. 2005-02: 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The Spyglass Ranch Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et. seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. Accordingly, the proposed Specific Plan is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed location shall allow the development to be well integrated with or adequately buffered from its surroundings, whichever may be the case. The proposed project is appropriate to the site and surrounding developments in that the project will construct both single-family detached and multiple-family residential units in accordance with appropriate development and design standards contained in the Spyglass Ranch Specific Plan. The project creates interest and varying vistas as a person moves along any project street. The project also compliments the quality of existing neighborhood development and will continue to provide visually-pleasing design and architecture within the immediate area. 3. All vehicular traffic generated by the development, either in phased increments or at full build-out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The proposed Spyglass Ranch Specific Plan has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantify of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit and bicycle. 4. The Final Specific Plan shall identify a methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by Lake Elsinore Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Final Specific Plan properly identifies methodologies to allow land uses to be adequately serviced by existing or proposed public facilities and services. The Final Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. In addition, the Specific Plan identifies two park sites for common use of the residents, and approximately 86 acres of open space for dedication and preservation. 5. The overall design of the Specific Plan will produce an attractive, efficient and stable development. The proposed Spyglass Ranch Specific Plan has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate residential area. The project, as proposed, will compliment the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing project, in that the proposed use has been reviewed to ensure adequate provision of screening from the public 2 rights-or-way or adjacent properties. The Spyglass Ranch Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, or will it be injurious to property or improvements in the project area or within the City. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a through review of the Specific Plan and have incorporated a/l applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a level of less than significant, or in the case where impacts remain significant; a statement of overriding considerations must be adopted to justify the merits of project implementation. Environmental Impact Report No. 2007-01 was adequately prepared and analyzed the environmental effects of the Specific Plan in accordance with the CEQA. Section 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends the City Council of the City of Lake Elsinore approve Specific Plan No. 2005-02. Section 4. This Resolution shall take effect from and after the date of its passage and adoption. Section 4. This ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this ordinance and cause this ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 11th day of March 2008. :23tldiOR CITY OF LAKE ELSINORE AT~: ~- L Lp-- VI IAN M. MUNSON CITY CLERK 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. 1247 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 26th day of February 2008, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 11th day of March 2008, by the following roll call vote: AYES: MAYOR DARYL HICKMAN, MAYOR PRO TEM GENIE KELLEY, COUNCILMEMBER ROBERT MAGEE, COUNCILMEMBER ROBERT SCHIFFNER NOES: COUNCILMEMBER THOMAS BUCKLEY ABSENT: NONE ABST AI N: NONE ( v'- l. L~ VIVIAN M. MUNSON CITY CLERK 4 PLANNING DEPARTMENT General Conditions 1. 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 MSHCP Consistency Findings, General Plan Amendment No. 2005-06, Zone Change No. 2005-07, and Specific Plan No. 2005-02 for the Spyglass Ranch Specific Plan project attached hereto. 2. The applicant shall deliver to the Planning Department two (2) cashier's check or money orders to the City within 48 hours of project approval for the filing of the Notice of Determination. The first check shall be in the amount of $2,606.75 and made payable to California department of Fish and Game. The second check shall be in the amount of $64.00 and made payable to the Riverside County Clerk. 3. The Applicant shall comply with all applicable mitigation measures listed in the Mitigation Monitoring Program associated with the Environmental Impact Report for the Spyglass Ranch Specific Plan. 4. The applicant shall comply with any/all requirements of the Lake Elsinore Unified School District. 5. The applicant shall comply with any/all requirements of the Riverside County Flood Control and Water Conservation District. 6. The applicant shall comply with any/all requirements of the Department of the Army Los Angeles District Corps of Engineers. 7. Any modification (Le. changes to residential density, development standards, housing product location, etc.) to the Spyglass Ranch Specific Plan will require a Specific Plan Amendment approved by the City of Lake Elsinore City Council. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 2 OF 17 8. The applic3nt sh311 be in full compliance with Caltr3ns requirements prior to reoordation of the first tr3ct1parceI map within the Spygl::lss Ranch Specific P-taR. The applicant shall comply with anylall requirements of the California Department of Transportation (CAL TRANS). (Condition was modified by the PlanninQ Commission on 1-15-08) Zone Change No. 2005-07 9. Future development shall comply with those standards and guidelines contained within the Spyglass Ranch Specific Plan. Specific Plan No. 2005-02 10. All future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan. 11. Those issues, standards, guidelines, etc, not addressed in the Spyglass Ranch Specific Plan will revert to the Lake Elsinore Municipal Code and/or Zoning Code in effect at the time future development within the Spyglass Ranch Specific Plan are proposed. 12. The applicant shall provide all project-related on-site and off-site improvements as described in the Spyglass Ranch Specific Plan document. 13. The Draft Spyglass Ranch Specific Plan document shall be revised to incorporate the following modifications and corrections and all changes required by the Planning Commission and/or City Council: a. The 11 foot wide medians shO'.\'n on page 3 37 along both Camino Del Norte and Elsinore Hills Drive (Road) shall be revised to be fully I::lndscaped and irrigated raised medians subject to the re'lie'N and approv3/ of the City's L3ndsc3po Architect consultant and Engineering Department. Any raised medians along Camino Del Norte and Elsinore Hills Drive (Road) shall be fully landscaped and irrigated subject to the review and approval of the City's Landscape Architect consultant and the Engineering Division. (Condition was modified by the Planning Commission on 1-15-08) b. Figure IV-39 shall be revised to more clearly denote the specific location of all masonry walls both within and on the perimeter of the specific plan boundary. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 3 OF 17 c. The text discussion on Page -1 72 for project walls, piklster theme 'N:llls :lnd interior priv:lcy 'Nalls shall be revised to m:ltch the design det:lils shown on Figure IV 40. In :lddition, the text and figures shall be modified to indicate that all streetscape walls :llong major roadways sholl be constructed as green 'Nalls using precision block, vines and necessary irrigation. Stone faced pilasters 'Nith pre cast concrete caps shall be provided seventy five feet on center. In :lddition, no pl:lin precision block walls shall be utilized along any streets visible from the public within the development. The text discussion on Page 4-68 for project walls, pilaster theme walls and interior privacy walls shall be revised to match the design details shown on Figure IV-35. Pilasters with decorative caps shall be provided at property line/wall terminus and every seventy-five feet (75') on center. In addition, no plain precision block walls shall be utilized along any streets visible from the public within the development. (Condition was modified bv the PlanninQ Commission on 1-15-08) d. The toxt discussion on page"" 71 and Figure IV 35 shall be revised to denote the use of stone faced pilasters 'Nith a pre cast concrete cap to be located every one hundred feet on center along interior block privacy walls \Nhich abut private roads 'Nithin the development. The text discussion on page 4-71 and Figure IV-35 shall be revised to denote the use of pilasters with a decorative cap to be located every one-hundred-fifty feet (150') on center and at property line/wall terminus along interior block privacy walls which abut private roads within the development. (Condition was modified bv the PlanninQ Commission on 1-15-08) e. The text shall be revised to include a detailed discussion regarding maintenance responsibilities for streetscapes, roads, maintained slopes, and parks throughout the development. In addition, a maintenance plan shall be added as a figure showing specific maintenance responsibility areas within the development. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 4 OF 17 f. Table V 1 shall be revised to require a minimum of one (1) guest parking space per three (3) units. In addition, some guest parking shall be provided for the proposed courty::ud home produots. The specific number of parking spaces shall be revie'Ned :md approved by the Diroctor of Community Development or designee. Table V-2 shall be revised to require a minimum of one (1) guest parking space per three (3) units. In addition, some guest parking shall be provided for the proposed courtyard home products. The specific number of parking spaces shall be reviewed and approved by the Director of Community Development or designee. (Condition was modified bv the Planning Commission on 1-15-08) 14. A Final Spyglass Ranch Specific Plan document shall be submitted for review and approval by the Community Development Director or designee prior to the submittal of any design review, tentative parcel or tract map application. No permit shall be issued until the Spyglass Ranch Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 15. Future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan document. 16. Those issues, standards, guidelines, etc. not addressed in the Spyglass Ranch Specific Plan will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. 17. The applicant shall participate and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 18. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future sensitive noise uses potentially exposed to noise levels in excess of 50dS CNEL to verify that planned noise protection will meet City of Lake Elsinore standards. 19. The applicant shall provide all project-related on-site and off-site improvements as described in these Conditions of Approval or the Spyglass Ranch Specific Plan document. 20. Prior to approval of a design review or tentative map for individual planning areas, the developer and City staff will review plans for multi-family housing areas, commercial uses, and parks for the provision of appropriate, necessary Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 5 OF 17 and adequate pedestrian and bicycle facilities. 21. The developer or the developer's successor in-interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. 22. 1\11 stroetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit 'Nithin Phase 1 of project development as identified on the approved landscape plans. The applicant shall submit a revised Spyglass Ranch Specific Plan, which labels in the table of contents and incorporates the City Council approved Conditions of Approval for the Spyglass Ranch Specific Plan within the document. (Condition was modified bv the Planninq Commission on 1-15-08). 22(a). The applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that Planning Areas 5 & 6 of the Spyglass Ranch Specific Plan have a density not to exceed twenty (20) dwelling units to the acre. (Condition of Approval was added by the City Council of the Citv of Lake Elsinore on 2-26-08). 22(b). The applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that plexi-glass view fencing is an available design criteria option for fencing within the Spyglass Ranch Specific Plan. (Condition was added by the City Council of the City of Lake Elsinore on 2-26-08). ENGINEERING DIVISION GENERAL REQUIREMENTS 23. 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. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 6 OF 17 24. Prior to commencement of grading operations, the applicant is to provide to the City a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to the issuance of a grading permit. (Condition was modified by the Planning Commission on 1-15-08). 25. An Encroachment Permit shall be obtained prior to any work on City and/or State right-of-way. 26. Any grading that affects "waters of the United States", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 27. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be under grounded. 28. All 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. 29. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 30. The applicant shall coordinate with Riverside County Transit Authority for location and installation of bus transit facilities. 31. The applicant shall pay all development fees, including but not all inclusive: TUMF, MSHCP, TIF, and Area Drainage Fees. 32. 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. 33. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 7 OF 17 scheduled and approved. 35. 1\11 slopes ::md I3ndscaping within public right of way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City. (Condition VIas modified by the PJanninfl Commission on 1 15 (8). All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. (Condition was modified by the City Council on 1-26-08). 36. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by property owner or property owner's association. 37. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Incorporated for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 38. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 39. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off-site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. (Condition was modified bv the Planninq Commission on 1-15-08). - 40. All roof drains shall not be allowed to outlet directly through coring in the street curb. All roofs should drain to a landscaped area. 41. The applicant shall comply with all NPDES requirements in effect; including Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 8 OF 17 the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 42. 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 met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 43. The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more) 44. The 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, or waterways -without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal law. 45. The applic~lnt shall construct full street improvements and dedicate additional right of way on Camino Del Norte, along the project frontage, such that the ultimate right of 'Nay width conforms to the General Plan street right of way cross sections. The cross section of road'Nay improvements with a raised median, parkway, street lights, and multiuse trail shall be consistent 'Nith other proposed development on Camino Del Norte, as rocommended by the City. The road improvements for Camino Del Norte shall be consistent 'Nith the approved Traffic Study dated Octobor 11, 2996 April 29, 2007 and the General Plan Circulation Plan. (Condition VI-3S modified by the PkJnninQ Commission on 1 15 DB). The applicant shall construct full street improvements and dedicate additional right-of-way on Camino Del Norte, along the project frontage, such that the ultimate right-of-way width conforms to the General Plan Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 9 OF 17 street right-of-way cross-sections. The cross section of roadway improvements with a raised median a raised median (if applicable)" parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the approved Traffic Study dated October 11, 2996 April 29, 2007 and the General Plan Circulation Plan. (Condition was modified bv the Planning Commission on 2-26-08) 46. The applicant shall construct tull street improvements and dedicate the right- ot-way on Elsinore Hills Road per General Plan street right-ot-way requirements. The cross section ot roadway improvements with a raised median, parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as required by the General Plan. 47. The applicant shall be responsible tor acquiring right-ot-ways in which the applicant or the City has no legal title or interest. It the applicant is unsuccesstul in acquiring such rig ht-ot-ways , the City could assist the applicant in the Eminent Domain process at the applicant's cost. 48. All streets shall be constructed per Riverside County Standards. Any deviation from Riverside County standards shall be approved by the City Engineer. 49. The applicant shall implement mitigation measures identified in the approved Traffic Study dated April 29, 2007. (Condition of Approval was modified on 1-15-08). 50. The applicant shall construct the traffic signals at Main/115 S8 and N 8 on/off ramps, Camino del Norte/Main Street, Camino del Norte/Elsinore Hills Road, Camino del Norte/La Strada. 51. The applicant shall participate in "fair share" payment of off-site improvements as described in Table 10 ot the approved Traffic Study dated October 11, 2006. - 52. The applicant shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 10 OF 17 53. The applicant shall provide signing and striping plans for the required improvements of this project. 54. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Any request for reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 55. This project shall provide trail and roadway connections to adjacent developments unless otherwise deemed unfeasible as concurred by the city. 56. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115/Main Street Interchange Upgrade, additional right of way could be required along Camino Del Norte. 57. The applicant shall submit a WQMP of the project for City's review and approval. PRIOR TO ISSUANCE OF A GRADING PERMIT 58. The applicant shall 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. 59. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 60. /\11 construction Project access ::md h3uling route sh::lIl be submitted 3nd approved by the City Engineer. (Condition was deleted bv the Planninq Commission on 1-15-08). 61. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall provide a final soils report showing compliance with recommendations. 62. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously submitted. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 11 OF 17 63. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading, improvements, and/or drainage acceptance from the adjacent property owners, prior to grading permit issuance. 64. The applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 65. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2-to-1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 66. The 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. 67. The applicant shall provide the city with proof of his having filed a Notice of Intent with the 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. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 68. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC), prior to building permit issuance. 69. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the approved Traffic Study dated April 29, 2007). (Condition was modified bv the Planning Commission on 1-15-08). Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 12 OF 17 70. 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. The applicant shall submit this letter, prior to applying for a building permit. 71. The 3pplic:mt sh311 show th3t no structures, 13ndsc3ping, or equipment are loc3ted near the project entranoe that minimizes sight distance standards. (Condition was deleted bv the Planning Commission on 1-15-08). 72. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). PRIOR TO THE ISSUANCE OF A CERTIFICA TE OF OCCUPANCY 73. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and/or off- site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before issuance of a Certificate of Occupancy. 74. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 13 OF 17 75. Tho traffic signals shall be installed per the approved Traffic Study dated April 29, 2007. at the following locations shall be completed prior to first issuance of Certificate of Occupancy. The tr3ffic signal loc3tions 3re Camino Del Norte/Elsinoro Hills R03d, 3t C3mino del Norte/Main Street, at Main Street/I15 NB on off r3mps, 3t M3in Street/I15 SB on off ramps 3nd 3t Camino Del Norte/L3 Str3d3. The developer m3Y request the completion of some sign31s 3t 3 higher occup3ncy threshold 3S determined by a specific technic31 study 3nd 3pproved by the City Engineer. (Condition W3S modified bv the PJanninQ Commission on 1 15 08). The traffic signals shall be installed per the approved Traffic Study dated April 29, 2007. at the following locations shall be completed prior to first issuance of Certificate of Occupancy. The traffic signal locations are Camino Del NortelElsinore Hills Road, at Camino del Norte!Main Street, at Main Streetll15 NB on off ramps, at Main Streotll15 SB on off ramps and at Camino Del NortelLa Strada. The developer may request the completion of some signals at a higher occupancy threshold as determined by a specific technical study and approved by the City Engineer. (Condition was modified bv the City Council on (2-26-08). 76. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 77. All public improvements shall be completed in 3ccordance with the approved plans or 3S condition of this development to the s3tisf-action of the City Engineer. All streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase 1 of project development as identified on the approved landscape plans. (Condition was modified bv the City Council on 2-26-08). 78. The fair share cost of future improvements as a condition of this development shall be paid. 79. All water and sewer improvements shall be completed in accordance with the applicable Water District requirements. 80. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 14 OF 17 81. R~ilro~d Benefit District Cost ~nd TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. (Condition of approval was modified bv the Planninq Commission on 1-15-08). 82. As-built plans shall be completed and signed by the City Engineer. 83. All improvement plans shall be digitized. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing the plans. ADMINISTRA TIVE SERVICES DEPARMENT 85. On Table VI-3 (Public Financing Summary) of the Spyglass Ranch Specific Plan; the applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that the check mark under Community Facilities District or Assessment District next to Dry Utilities is removed from the document. Dry utilities are not fundable through a CFD or AD in the City of Lake Elsinore because they are not publicly owned. The revised Spyglass Ranch Specific Plan shall be resubmitted to the Community Development Department prior to the issuance of a building permit. Annex into CFD 2003-1 86. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Communities Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City of Lake Elsinore. Annex into LLMD No.1 87. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District NO.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Fire Station Impact Fee and Other Impact Fees 88. Upon completion of the Fire Station Impact Study and other impact fee studies; the Developer shall pay the impact fee. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 15 OF 17 CFD for Park. Parkway. Open Space and Storm Drain Maintenance 89. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello- Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space, and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. RECREA TION AND PARKS DEPARTMENT 90. The City is to maintain all landscape improvements in the public right-of-way for Camino Del Norte and Elsinore Hills Drive including all primary (pages 4- 28) and neighborhood entry (pages 4-29) monumentation signage and areas. 91. The Home Owner's Association is to maintain all internal street landscaping including all natural and manufactured slopes. 92. The Home Owner's Association or another maintenance entity approved y the City is to maintain all open space areas. (Condition v/as modified by the Pl3nninq Commission OR 11508). The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all open space areas. (Condition was modified bv the Planning Commission on 2-26-08). 93. The Home Owner's Association or another maintenance entity approved by the City is to maintain all exterior 'Nalls including those facing main arterials (i.e. Camino Del Norte, Elsinore Hills Drive, Etc.) (Condition was modified bv the Pl3nninfl Commission OR 1 15 OB). The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all exterior walls including those facing main arterials (Le. Camino Del Norte, Elsinore Hills Drive, Etc.) (Condition was modified by the City Council on (2-26-08). 94. The Home Owner's Association or another maintenance entity approved by the City is to maintain all flO'.... control/drainage facilities and structures. (Condition W3S modified by the Planning Commission on 1 15 OB). Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 16 OF 17 The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all flow control/drainage facilities and structures. (Condition was modified by the City Council on (2-26-08). 95. The Home O'Nner's Associ::ltion or another maintenance entity appro':ed by the City is to m3int3in 311 private p3rks (PA 3, PA 13) and common aro3S. (Condition VJ3S modified bv the Planning Commission on 1 15 08). The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all private parks (PA 3, PA 13) and common areas. (Condition was modified by the PlanninQ Commission on 1-15-08). 96. The applicant Sh311 construct 3 minimum 2.5 acre private p3rk to be maintained by the HOI\ in the North\vest (P^ 1 and P^ 2) 3re3 of the development. (Condition was deleted by the PlanninQ Commission on 1- 15-08). 97. The applicant shall convey the 3.4 acre park site identified in Planning Area 7 to the City, and utilize park fees generated by the development for the construction of the park site to include the remodel/rehabilitation of the historical residence as part of the park. 98. The applicant shall utilize the City's Landscape Architect for the design and implementation plan for the community park in PA 7. 99. The applicant shall provide a trails diagram outlining proposed trail locations and utility easement locations as part of the development of the trail system. 100. The applicant shall comply with all NPDES storm water requirements. 101. The applicant shall provide the City with an inventory of all street signs, street markings, street trees, fire hydrants, etc. and total square-footage of all streets in a digital format acceptable to the City. 102. The applicant shall meet all City curb, gutter, and sidewalk requirements. 103. The applicant shall comply with all City ordinances and requirements regarding construction debris and removal and recycling, as per Section 8.32 of the Lake Elsinore Municipal Code. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008 CONDITIONS OF APPROVAL GENERAL PLAN AMENDMENT NO. 2005-06, ZONE CHANGE NO. 2005-02, AND SPECIFIC PLAN NO. 2005-02 "SPYGLASS RANCH SPECIFIC PLAN" PAGE 17 OF 17 104. The City shall review and approve all park development and implementation plans. 105. The City's Landscape Architect is to review all landscape and/or irrigation plans. 106. The applicant shall pay park fees based on the Quimby Act requirement. City will provide Park Capital Improvement Fund Fees for future calculation. 107. The applicant shall be required to participate in the City-wide LLMD. 108. The applicant shall be required to participate/annex into the LLMD District 1 for all exterior landscaping to be maintained by the City. 109. The applicant shall be required to participate in the "Public Facility" program. 110. The applicant shall utilize CFD funds for the construction of all parks in the development. 111. The applicant shall construct the community park prior to the issuance of the 100th Certificate of Occupancy. RIVERSIDE COUNTY FIRE DEPARTMENT 112. The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. RIVERSIDE COUNTY SHERIFFS DEPARTMENT 113. The Applicant shall comply with any/all requirements of the Riverside County Sheriff Department. Planning Commission Approval January 15, 2008 City Council Approval February 26, 2008