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HomeMy WebLinkAboutCC Reso No 2015-045 City Council Reso.RESOLUTION NO. 2015 -045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING RESIDENTIAL DESIGN REVIEW NO. 2014 -01 PROVIDING BUILDING DESIGNS FOR 82 SINGLE - FAMILY DWELLING UNITS AND RELATED IMPROVEMENTS, FOR TENTATIVE TRACT MAP NO. 36682 WHEREAS, Pardee Homes, filed an application for Residential Design Review No. 2014 -01, also referred to as Meadow Ridge II, (the "project') with the City of Lake Elsinore for a residential subdivision of 20.2+ acres of unimproved property located on the south side of Holland Road, east of Hermosa Drive and on the north side of Corson Avenue (APN 358 - 130 -020); and WHEREAS, the Project is subject to the provisions of the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations Sections 15000, et seq.: "CEQA Guidelines ") because the Project involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code Section 21065); and WHEREAS, pursuant to CEQA Guidelines Section 15063, the City conducted an Initial Study to determine if the Project would have a significant effect on the environment. The Initial Study revealed that the project would have potentially significant environmental impacts but those potentially significant impacts could be mitigated to less than significant levels; and WHEREAS, pursuant to CEQA Guidelines Section 15072, on October 16, 2014 the City duly issued a notice of intent to adopt a Mitigated Negative Declaration; and in accordance with CEQA Guidelines Section 15073, the Initial Study /Mitigated Negative Declaration was made available for public review and comment for thirty days beginning on February 26, 2015 and ending on March 30, 2015; and WHEREAS, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 17.184 (Design Review) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to residential design review applications; and WHEREAS, on April 7, 2015 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item; and adopted Planning Commission Resolution No. 2015 -30 recommending that the City Council approve Residential Design Review No. 2014 -01; and City Council Resolution No. 2015 -045 Page 2 of 4 WHEREAS, pursuant to Section 17.184.090 of the Lake Elsinore Municipal Code ( "LEMC ") the City Council of the City of Lake Elsinore has the responsibility of making decisions to approve, modify or disapprove recommendations of the Planning Commission for residential design review applications; and WHEREAS, on May 26, 2015, at a duly noticed public meeting, the City Council has considered the recommendation of the Planning Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed design for the 82 residential homes and has found it acceptable. The City Council has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and the Lake Elsinore Municipal Code and finds and determines that the proposed Residential Design Review No. 2014 -01 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and the Lake Elsinore Municipal Code. SECTION 2. The City Council has considered Mitigated Negative Declaration No. 2015 -03 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2015 -03 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2015 -03 provides the necessary environmental clearance for Residential Design Review No. 2014 -01. SECTION 3. That in accordance with Lake Elsinore Municipal Code Chapter 17.184, the City Council makes the following findings for Residential Design Review No. 2014 -01: 1. The project as conditioned will comply with the goals and objectives of the City's General Plan. The design of the proposed map, at a density of approximately 4.0 dwelling units per acre, is consistent with the approved Low Medium Density Residential land use designation, and therefore, consistent with the General Plan. 2. The proposed subdivision is consistent with the setback, lot sizes and development standards of the R -1 Single - Family Residential District as set forth in Chapter 17.76 of the Lake Elsinore Municipal Code. City Council Resolution No. 2015 -045 Page 3 of 4 The layout and configuration of the lots was designed to create a buffer to the larger adjacent lots. The eastern boundary of the proposed tract map is configured so that only eight lots abut the larger lots along the Menifee border. Single -story single- family homes will be built on all of these lots to further buffer adjacent larger lots. On the southern boundary, the proposed tract provides for a single - loaded development so that Corson Avenue serves as a buffer to adjacent lots. The block wall that will be constructed along the perimeter of the tract further buffers existing homes. The attached condition of approvals, that require disclosure to purchasers of the new homes advising them of the adjacent rural uses, recognize the existing characteristics of the neighboring properties. 3. This project complies with the design directives contained in Chapter 17.184.060 and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that it will result in the construction of single - family detached units in accordance with appropriate development and design standards contained in the Lake Elsinore Municipal Code. The Project creates interest and varying vistas as a person moves along any street within the subdivision. The Project also complements the quality of existing neighboring development and will continue to provide visually - pleasing design and architecture within the project area. 4. Conditions and safeguards pursuant to Chapter 17.184.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the project to ensure development of the property in accordance with the General Plan and the Lake Elsinore Municipal Code. The City Council has considered the project and finds that with the attached conditions of approval, the Project complies with the purposes and objectives of the General Plan, and the Municipal Code. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the City Council hereby approves Residential Design Review No. 2014 -001. City Council Resolution No. 2015 -045 Page 4 of 4 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this ?6th day of May 2015, by the following vote: nos, Mayor ATTEST: Virginia . Blo'o , City Clerk APPROVED AS TO ARM: , City Attorney CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 1. The proposed project (Residential Design Review No. 2014 -01) consists of building design and construction of 82 Single - Family Dwelling Units and Related Improvements, for Tentative Tract Map No. 36682, Located on the South Side of Holland Road, east of Hermosa Drive and on the North Side of Corson Avenue. 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 Tentative Tract No. 36682. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 4. The applicant shall submit a check in the amount of $2,260.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be submitted to the Planning Division for processing within 48 hours of the project's approval. PLANNING DIVISION 5. Design Review approval for Residential Design Review No. 2014 -01, shall lapse and become void two (2) years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of Lake Elsinore Municipal Code (LEMC) Section 17.184.120. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Chapter 17.184 shall run with the land for this two -year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. Planning Commission Approved Page 1 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Lake Elsinore Municipal Code, prior to issuance of certificate of occupancy and release of utilities. Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tract Map No. 36682 and those provisions and requirements contained in the Lake Elsinore Municipal Code, subject to approval by the Community Development Director or designee. 8. 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. Wood, vinyl or steel (wrought iron or aluminum) gates are allowed in order to allow access to rear yards. Additional architectural enhancements and treatments shall be provided for those side and rear elevations that are within the public view. The applicant shall indicate which specific side and /or rear elevations will be afforded with enhanced architectural treatments on future precise grading plans, subject to approval by the Community Development Director or designee. All fireplaces shall be natural gas fireplaces only. No wood burning fireplaces shall be allowed. 9. All houses constructed on Lots on the eastern edge of TTM No. 36682 (Lots 8, 9, 14, 15, 20, 21, 26 and 27) shall be single -story single - family residences only. All homes shall be placed on these lots as far from the eastern property line as possible. (Added by the Planning Commission at its April 7, 2015 hearing.) 10. All weep screeds shall be a maximum three inches above any hard surface and four inches above any earth surface. 11. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 12. Materials and colors as depicted in the approved Design Review Package dated December 2013, shall be used unless minor modifications are approved by the Community Development Director or designee or major modifications are approved by the Planning Commission. Planning Commission Approved Page 2 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 13. Provide a flat concrete pad or area a minimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Community Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat concrete pad and air conditioning units. 14. 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. 15. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 16. The applicant shall comply with all applicable City Codes and Ordinances. 17. 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. 18. A cash bond shall be required for the model home complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the model home complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 19. A cash bond of shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 20. A cash bond shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. Planning Commission Approved Page 3 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 21. The applicant shall pay school fees to the Lake Elsinore and /or Menifee Unified School District prior to issuance of building permit. 22. 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. 23. All mechanical and electrical equipment for the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director or designee, prior to issuance of building permit. 24. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation 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 California native drought - tolerant ground cover, shrubs, and trees. Special attention shall be given to use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. Planning Commission Approved Page 4 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) • No front -yard grass turf landscaping will be installed • 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. • All Model Homes 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 Water Use Classifications of Landscape Species (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. Planning Commission Approved Page 5 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) • 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. • All landscaping and irrigation shall comply with the water - efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. 25. 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. 26. 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. 27. These Conditions of Approval and those conditions approved with Tract Map No. 36682 shall be reproduced on subsequent building plans prior to issuance of building permit. 28. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. 29. The applicant shall pay all applicable City fees, including but not limited to Development Impact Fees (DIF), at the rate in effect at the time of payment. 30. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project Planning Commission Approved Page 6 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 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. 31. Construction traffic shall be prohibited from the segment of Lost Road southwest of the project site as a construction truck route. 32. The Homeowner's Association shall maintain all natural slopes and open space, all graded slopes abutting public street rights -of -way which are not part of residential lots, up slopes from public rights -of -way within private lots and all private streets, and all drainage basins. 33. The developer shall comply with all Municipal Code provisions regarding construction debris removal and recycling as set forth in Chapter 14.12 (Construction and Demolition Waste Management) of the Lake Elsinore Municipal Code. 34. Prior to the issuance of any grading or construction permit for the project or any stockpiling of soil /materials on the project site, the project applicant shall ensure that pre- construction presence /absence surveys for burrowing owl will be conducted on -site and within a 150 -meter buffer according to the methods described in the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Conservation Plan. The protocol consists of four site visits conducted during the burrowing owl breeding season (March 1 — August 31). If burrowing owls are observed or detected through presence of sign (whitewash, feathers, vocalizations, decorated burrows, etc.) the applicant shall notify the California Department of Fish and Wildlife and the City of Lake Elsinore Planning Division within 24 hours of the observation /detection. A report detailing the methods and results of the focused surveys shall be prepared and submitted to the City of Lake Elsinore Planning Division, the Riverside County Environmental Programs Department and the Regional Conservation Authority Monitoring Program Administrator. 35. The applicant shall provide all prospective home buyers and Iwme owners a written disclosure statement identifying that the project is located within proximity to rural residential uses which include animal keeping. Said written disclosure statements shall indicate that such rural residential activities will include but are not limited to noise impacts excessive odors and dust. (Added by Staff prior to the City Council hearing on May 26, 2015.) Planning Commission Approved Page 7 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) ENGINEERING DIVISION General 36. Comply with all conditions of approval of TTM 36682. 37. Construction phasing shall be approved by the Director of Public Works, and provide for 2 (two) points of permanent access. Construction traffic access shall be segregated from residential traffic. 38. All improvements shall be in place prior to first occupancy. Any deviation of modification is subject to review and approval by the Public Works Director. Storm Water Management/Pollution Prevention /NPDES 39. The project shall implement LID Principles and LID Site Design, where feasible, to treat the pollutants of concern identified for the project, in the following manner (from highest to lowest priority): • Preventative measures • Infiltration • Harvest and use • Evapotranspire • Bio- treatment • Any portion of design capture volume that is not infiltrated, harvested and used, evapotranspired, and /or biotreated shall be treated prior to discharge. 40. Project hardscape, roofs and roof drains shall be designed and constructed to provide for drainage into adjacent landscape. 41. Building, landscape, grading and improvement plans shall contain a table listing Low Impact Development BMP's. 42. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a WQMP Operations and Management Plan in the form provided by the City prior to building permit issuance. Planning Commission Approved Page 8 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) Final Tract Map 43. The final map will be recorded prior to any building permit issuance. Grading 44. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and /or movement of soil (grading) on the site; a grading permit shall be issued prior to Building Permit. 45. The developer shall obtain all necessary off -site easements and /or permits for off - site grading and /or drainage acceptance from the adjacent property owners prior to grading permit. FIRE PROTECTION PLANNING OFFICE 46. Lake Elsinore Fire Protection Planning Office Responsibility - It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit number (as it is 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) 671 -3124 Ext. 225. The following fire department conditions shall be implemented in accordance with the Lake Elsinore Municipal Code and the adopted codes at the time of project building plan submittal, these conditions are in addition to the adopted code requirements. Prior to Building Permit Issuance 47. Plan Check Fee — The building plan check fee made payable to the "City of Lake Elsinore" shall be submitted to the Fire Department at time plans are submitted to our office(s). 48. Fuel Modification Plan - Fuel modification plans shall be provided to the Lake Elsinore Fire Protection Planning office. Plans shall include fuels modeling and comprehensive details with regard to the vegetation management plan. The fuels modification zone shall be not less than 100' from all structures and may be required to be increased. Planning Commission Approved Page 9 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 49. Water System Plans - Applicant and /or developer shall separately submit 2 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. 50. Prior to Building Construction Verification - Prior to bringing combustible materials on site, this project shall be inspected and approved by the Fire Marshal or designee During such inspection all permanent road signs shall be in place, all hydrants shall be operating 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 51. Residential Fire Sprinkler Systems for Single family and two - family 13D - 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. The homes shall at the time of the final sprinkler inspection, be permanently addressed for emergency response purposes. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2015 -1 (Safety) Law Enforcement, Fire and Paramedic Services CFD 52. Prior to the issuance of the first building permit, the applicant shall consent to the formation of a Community Facilities District or annex into the proposed Community Facilities District No. 2015 -1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello -Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall make a seven thousand five hundred dollar ($7,500) non- refundable deposit to cover the cost of the formation or annexation process, as applicable. The applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City in lieu of creating /annexing into a district. Contact the Administrative Services Director at 951 - 674 -3124. Planning Commission Approved Page 10 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) Annex into the City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services) 53. Prior to the issuance of the first building permit, the applicant shall consent to the formation of a Community Facilities District or annex into the proposed Community Facilities District No. 2015 -2 (Maintenance Services) to fund the on -going operation and maintenance of the public right -of -way landscaped areas and neighborhood parks 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, including 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. Applicant shall make a seven thousand five hundred dollar ($7,500) non - refundable deposit to cover the cost of the formation or annexation process, as applicable. The applicant may propose alternative financing mechanisms to fund the on -going operation and maintenance of the public right -of -way landscaped areas and neighborhood parks 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, including 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 in lieu of creating /annexing into a district. Contact the Administrative Services Director at 951 - 674 -3124. MITIGATED NEGATIVE DECLARATION NO. No. 2015 -03 (SCH # 2015021082) MITIGATION MEASURES 54. The applicant shall comply with the following mitigation measures, which are set forth in the Mitigation Monitoring & Reporting Program (MMRP) for Mitigated Negative Declaration No. 2015 -03, which was adopted for this project. a. Mitigation Measure BIO -1: Prior to the issuance of any grading or construction permit for the project, the project applicant shall ensure that pre- construction presence /absence surveys for burrowing owl will be conducted on -site and within a 150 -meter buffer according to the methods described in the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Conservation Plan. The protocol consists of four site visits conducted during the burrowing owl breeding season (March 1 — August 31). If burrowing owls are observed or detected through presence of Planning Commission Approved Page 11 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE 11) sign (whitewash, feathers, vocalizations, decorated burrows, etc.) the applicant shall notify the California Department of Fish and Wildlife and the City of Lake Elsinore Planning Division within 24 hours of the observation /detection. A report detailing the methods and results of the focused surveys shall be prepared and submitted to the City of Lake Elsinore Planning Division, the Riverside County Environmental Programs Department and the Regional Conservation Authority Monitoring Program Administrator. b. Mitigation Measure 13I0-2: Regardless of the outcome of the focused presence /absence surveys required in Mitigation Measure BIO -1, the project applicant shall ensure that a pre- construction clearance survey for burrowing owl will be conducted on -site and within a 150 -meter buffer no more than 30 days prior to site disturbance, as prescribed in the Burrowing Owl Survey Instructions for the Western Riverside Multiple Species Conservation Plan. If burrowing owls are detected or observed through presence of sign (whitewash, feathers, vocalizations, decorated burrows, etc.), the California Department of Fish and Wildlife (Department) shall be notified within 24 hours of detection. The applicant shall consult with the Department on an acceptable passive relocation plan, which would likely include the use of one -way doors and collapse of burrows (by hand) following accepted protocols to ensure impacts to owls are minimized or avoided. Disturbance of active nests shall be avoided if burrowing owl is present during the nesting season (March 1 - August 31). C. Mitigation Measure 13I0-3: The applicant shall have a qualified biologist (approved by the City) conduct a pre- construction survey for nesting birds on and adjacent to the site (within 100 feet of the site for nesting passerines; 500 feet for nesting raptors) no more than three days prior to construction. The biologist shall report his or her findings to the City, and the biologist, applicant, and (if required) the City shall work collaboratively to ensure that no direct impacts to any nesting birds or raptors occur by establishing the construction right of way and scheduling initial ground disturbance and removal of plant material outside of the typical breeding season of birds (February 1 through August 31). If initial ground disturbance and vegetation removal is proposed for the bird nesting period (February 1 through August 31), then active nest sites located during the pre- construction surveys shall be avoided pursuant to the directions of the biologist, and a non - disturbance buffer zone established dependent on the species. Nest sites shall be Planning Commission Approved Page 12 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) avoided with non - disturbance buffer zones approved by the biologist until the adults and young are no longer reliant on the nest site for survival as determined by a qualified biologist. Should the nesting of any migratory bird occur on or adjacent to the site during grading or construction activities, a City qualified biological monitor shall halt all construction activities and notify the City and corresponding resource agency. d. Mitigation Measure CR -1: Prior to the issuance of a grading permit, the project applicant/developer shall retain a City- approved Project Archaeologist to monitor all ground- disturbing activities in all areas of the project in an effort to identify any unknown archaeological resources. If cultural resources are encountered, all activity in the vicinity of the find shall cease until it can be evaluated by the archaeological and Pechanga tribal monitor. If the archaeological monitor, in consultation with the Pechanga tribal representative(s), determines that the resources may be significant, the archaeological monitor will notify the lead agency and will develop an appropriate treatment plan for the resources in consultation with the Pechanga tribal representative(s). The Plan shall outline the protocols for identification, determination, and mitigation of inadvertent finds which may include but is not limited to preservation in place, redesign, capping or data recovery. The archaeologist shall consult with Pechanga tribal representative(s) in determining appropriate treatment for unearthed cultural resources. The Project Archaeologist shall prepare a final monitoring report summarizing the results of the monitoring activity and describe any cultural resources recovered in the duration of monitoring, including updated DPR forms and appropriate catalog records. The report shall be submitted to the City of Lake Elsinore, the Developer, the Pechanga Tribe and the Eastern Information Center of the California Historic Resources Inventory System. e. Mitigation Measure CR -2: At least 30 days prior to seeking a grading permit, the project applicant shall contact the Pechanga Tribe to notify that Tribe of grading, excavation and the monitoring program, and to coordinate with the Tribe to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of professional Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation for the monitors; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. Planning Commission Approved Page 13 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) f. Mitigation Measure CR -3: Prior to commencement of grading, a pre - construction meeting shall be held. In accordance with the agreement required in MM CR -2, both the qualified archaeologist and the Pechanga tribal monitor shall be present at the pre- construction meeting to advise construction contractors about the sensitive nature of the archaeological material on the property and to discuss monitoring requirements. The archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Pechanga Tribe in order to evaluate the significance of any archaeological resources discovered on the property. g. Mitigation Measure CR -4: Prior to any stockpiling and staging activities on the property, a surface collection shall be conducted by the project archaeologist and the Pechanga tribe. All artifacts shall be identified by pin flagging or other appropriate identifier, GPS points taken, and subsequently collected. These resources shall be included in the project collection analysis and catalogue sheet, the final report and site records. h. Mitigation Measure CR -5: Prior to any stockpiling and staging activities, the developer, project archaeologist and the tribe shall determine the most appropriate location for the stockpile soils. It is anticipated that the stockpile(s) will be places on the southwest corner of the property, avoiding sites CA -RIV -1021 and CS -001; however, this can be confirmed in consultation with the Pechanga Tribe prior to placement of materials. i. Mitigation Measure CR -6: Prior to any staging, mass grading, trenching or other earthmoving activities on the property, an additional surface collection shall be conducted by the project archaeologist and the Pechanga tribe to identify any additional resources that may have been exposed. All artifacts shall be identified by pin flagging or other appropriate identifier, GPS points taken, and subsequently collected. These resources shall be included in the project collection analysis and catalogue sheet, the final report and site records. Mitigation Measure CR -7: Prior to beginning grading, the Developer shall meet and confer with the Pechanga Tribe and the Project archaeologist to develop an appropriate controlled grading plan for sites CA -RIV -1021 and CS -001. The purpose of the controlled grading with a paddle -wheel scraper or other approved equipment at and around the sites is to afford the Planning Commission Approved Page 14 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) opportunity to determine whether any subsurface resources are associated with the sites and if so, to collect the resources for appropriate mitigation as determined in the provisions outlined in the Agreement required in MM CR- 2. All controlled grading shall be monitored by the project archaeologist and the Pechanga tribe until both are in agreement that controlled grading is no longer needed. k. Mitigation Measure CR -8: Prior to issuance of the grading permit, the Developer, the project archaeologist and the Pechanga Tribe shall conduct a field visit to determine feasibility for relocation of the boulder outcrop recorded within CARIV -1021. All reasonable attempts shall be made to remove the outcrop intact. If it is determined that the outcrop cannot be safely relocated, the Pechanga Tribe shall be given 14 days to consult with the Pechanga Cultural Resources Committee to determine and provide recommendations for the proper and respectful treatment of the feature. If the outcrop can be safely moved, it shall be relocated to the Pechanga- Audie Murphy parcel in an area agreed upon by the Tribe and the Developer during the field visit. The project archaeologist shall update the CA -RIV -1021 DPR forms as appropriate and submit them, along with the final monitoring report, as outlined in MM CR 1. I. Mitigation Measure CR -9: The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods, human remains, and all archaeological artifacts that are found on the project area to the Pechanga tribe for proper treatment and disposition. Should human remains and /or sacred /ceremonial items be identified, the Pechanga Tribal preference is complete avoidance and preservation in place. The treatment of these resources shall be in accordance with the provisions in the Agreement required in MM CR -2. m. Mitigation Measure CR -10: If inadvertent discoveries of subsurface archaeological /cultural resources are discovered during grading, the Developer, the project archaeologist, and the Pechanga tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources as outlined in MM CR 1 and the Treatment Agreement in MM CR 2. Pursuant to Calif. Pub. Res. Code § 21083.2(b) avoidance is the preferred method of preservation for archaeological resources, including human remains. If the Developer and the Tribe cannot Planning Commission Approved Page 15 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) agree on the significance or the mitigation for such resources, these issues will be presented to the Community Development Director (CDD) for decision. The CDD shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the Tribe. n. Mitigation Measure CR -11: If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the coroner shall contact the Native American Heritage Commission within 24 hours. Subsequently, the Native American Heritage Commission shall identify the person or persons it believes to be the "most likely descendant." The most likely descendant may then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98 and the Treatment Agreement described in MM CR 2. o. Mitigation Measure CR -12: A paleontological grading observation schedule by a certified paleontologist shall be maintained when grading in bedrock sedimentary units to further evaluate the fossil resources of the site. p. Mitigation Measure CR -13: During construction - related activities of the project, should paleontological materials be unearthed, the Lake Elsinore Planning Department shall be notified immediately. Construction affecting the area shall be halted and the City shall coordinate the appropriate efforts for handling and /or disposition of these materials. q. Mitigation Measure NO[-1: During all project site excavation and grading onsite, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. Planning Commission Approved Page 16 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) r. Mitigation Measure NOI -2: The contractor shall locate equipment staging in areas that will create the greatest distance between construction - related noise /vibration sources and sensitive receptors nearest the project site during all project construction. s. Mitigation Measure NOI -3: Temporary noise barriers that provide at least 10 dBA in attenuation shall be installed when project construction occurs within 100 feet of existing residential structures. Any such barriers should break the line of sight from noise generators to sensitive receptors. They should also be constructed as close to the sensitive receptor as possible to achieve the greatest attenuation effect and have no gaps or openings. t. Mitigation Measure NO[-4: Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 AM and shall cease no later than 4:00 PM. Construction activity shall not take place on Sunday, or any Legal Holidays. u. Mitigation Measure NOI -5: During construction, the developer shall require that all contractors turn off all construction equipment and delivery vehicles when not in use and prohibit idling in excess of three minutes. v. Mitigation Measure NOI -6: The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes should not pass sensitive land uses or residential dwellings. w. Mitigation Measure NOI -7: For the duration of construction activities, the construction manager shall serve as the contact person should noise levels become disruptive to local residents. A sign shall be posted at the project site with the contact phone number. X. Mitigation Measure NOI -8: Mitigation is required in order to achieve exterior noise levels of 65 dBA Ldn at several proposed sensitive receptors adjacent to Holland Road. This mitigation shall be provided by constructing Planning Commission Approved Page 17 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) a six -foot barrier along the top of slope of the residential lots adjacent to Holland Road and at the northern and western top of slope of the northernmost lot along the western site boundary. Barriers shall wrap around to protect the side yards of lots, as well. Recommended barrier configurations are shown in Appendix F. y. Mitigation Measure NOI -9: As it is usually not aesthetically desirable to construct barriers high enough to reduce interior noise levels at second story sensitive receptors, enhanced building construction methods and materials shall be employed to attenuate the approximately 25 dB required to achieve acceptable interior noise levels of 45 dBA Ldn. These methods include, but are not limited to, the following: Noise Level Reduction of 15 -20 dBA 1. Air conditioning or mechanical ventilation 2. Double -paned glass 3. Solid core doors with weather stripping and seals Noise Level Reduction of 20 -25 dBA Measures 1 -3 above and: 4. Stucco or brick veneer exterior walls or wood siding with one -half inch thick fiberboard underlayer 5. Glass portions of windows /doors not to exceed 20 percent 6. Exterior vents facing noise source shall be baffled Noise Level Reduction of 25 -30 dBA Measures 1 -6 above and: 7. Interior sheetrock of exterior wall attached to studs by resilient channels or double walls 8. Window assemblies, doors, wall construction materials, and insulation shall have a lab- tested STC rating of 30 or greater. Z. Mitigation Measure TRA -1: The project should participate in the phased construction of the off -site intersection improvements and traffic signalization through payment of established City of Lake Elsinore fees, participation in the Western Riverside Transportation Uniform Mitigation Fees program, assessment district, community facilities district financing and /or appropriate fair share financing agreement, and construction of off -site facilities under appropriate fee credit agreements. Planning Commission Approved Page 18 of 19 City Council April 7, 2015 May 26, 2015 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2014 -01 FOR TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) aa. Mitigation Measure TRA -2: Construct Holland Road from the west project boundary to the east project boundary at its ultimate half- section width including landscaping and parkway improvements in conjunction with development, as necessary. bb. Mitigation Measure TRA -3: Construct Corson Avenue from the west project boundary to the east project boundary at its ultimate half- section width including landscaping and parkway improvements in conjunction with development or pay cash in lieu for improvements, as approved by the City Engineer. cc. Mitigation Measure TRA -4: On -site traffic signing and striping should be implemented in conjunction with detailed construction plans for the project. dd. Mitigation Measure TRA -5: Sight distance at project accesses should be reviewed with respect to California Department of Transportation /City of Lake Elsinore standards in conjunction with the preparation of final grading, landscaping, and street improvement plans. The final grading, landscaping, and street improvement plans shall demonstrate that sight distance standards are met. Such plans must be reviewed by the City and approved as consistent with this measure prior to issue of grading permits. 55. The applicant shall fund the implementation of the Mitigation Monitoring & Reporting Program (MMRP) through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. Planning Commission Approved Page 19 of 19 City Council April 7, 2015 May 26, 2015 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Virginia Bloom, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2015 -045 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 26th day of May 2015, and that the same was adopted by the following vote: AYES: Mayor Manos, Council Member Hickman, Council Member Johnson and Mayor Pro Tern Tisdale NOES: Council Member Magee ABSENT: None ABSTAIN: None Virgini ) Blo City Clerk