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HomeMy WebLinkAboutCC Reso No 2015-044 City Council Reso.RESOLUTION NO. 2015 -044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING TENTATIVE TRACT MAP NO. 366829 TO SUBDIVIDE 20.2 ACRES LOCATED ON THE SOUTH SIDE OF HOLLAND ROAD, EAST OF HERMOSA DRIVE AND ON THE NORTH SIDE OF CORSON AVENUE WHEREAS, Pardee Homes, filed an application for Tentative Tract Map No. 36682, 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, Tentative Tract Map No. 36682 proposes to subdivide 20.2 acres into 74 single - family residential lots with an average lot size of over 8,100 square feet and a water quality /detention basin, and the reconfiguration of 8 single - family lots from a previously approved tentative tract map (TTM 36115 -1); 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 16.24 (Tentative Map) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; 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 City Council Resolution No. 2015 -044 Page 2 of 4 Commission Resolution No. 2015 -29 recommending that the City Council adopt approve Tentative Tract Map No. 36682; and WHEREAS, pursuant to Section LEMC Section 16.24.120 of the Lake Elsinore Municipal Code ( "LEMC') the City Council of the City of Lake Elsinore has the responsibility of acting on a tentative map after receipt of the Planning Commission action by either approving, conditionally approving or disapproving it; 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 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 Tentative Tract No. 36682 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 Tentative Tract No. 36682. SECTION 3. That in accordance with the California Planning and Zoning Laws and the City of Lake Elsinore Municipal Code, the City Council makes the following findings for Tentative Tract Map No. 36682: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The design of the proposed map, at a density of 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. City Council Resolution No. 2015 -044 Page 3 of 4 2. The site of the proposed subdivision of land is physically suitable for the proposed density of development in accordance with the General Plan. The project site is vacant and is relatively flat, with a several small knolls and the design and density is compatible with the adjacent Canyon Hills Specific Plan including the approved Tentative Tract No. 36115 located immediately west of the project site. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The Tentative Tract Map is consistent with the proposed General Plan's land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan. Tentative Tract Map No. 36682 is consistent with Housing Element Policy 3.1 to "Use the City's General Plan, Municipal Code, other land use and development plans, and the development process to provide housing sites that meet the identified local need." 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 5. 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. 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. City Council Resolution No. 2015 -044 Page 4 of 4 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 Tentative Tract No. 36682. 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 26th day of May 2015, by the following vote: A rginia 4.`Pl000, `City Clerk APPROVED AS TO RM: B r ara Leibold, City Attorney CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) GENERAL 1. The proposed project (Tentative Tract Map No. 36682) proposes the subdivision of 20.2 acres into 74 Single - Family Residential Lots with an average lot size of over 8,100 square feet and a water quality /detention basin, and the reconfiguration of 8 Single - Family Lots from a previously approved Tentative Tract Map (TTM 36115 -1). The proposed project is 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. Tentative Tract Map No. 36682 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code. 6. Tentative Tract Map No. 36682 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 7. The applicant shall provide all project - related on -site and off -site improvements as required by these Conditions of Approval. Planning Commission Approved Page 1 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 8. All future development proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 9. 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. Prior to Recordation of Final Tract Map(s) 10. All lots shall comply with minimum standards contained in Chapter 17.76 (R -1 Single - Family Residential District) of the Lake Elsinore Municipal Code. 11. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 12. Street names within the subdivision shall be approved by the Community Development Director or Designee. 11 All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 14. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD) 15. Prior to recordation of a Final Map, the applicant shall initiate and complete the formation of a Homeowner's Association (HOA) which shall be approved by the City, recorded, and in place. All Association documents shall be shall be submitted for review and approval by City Planning and Engineering and the City Attorney; and upon City approval shall be recorded. Such documents include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC &Rs). a. At a minimum, 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 shall be maintained by the HOA. b. CC &Rs shall prohibit front -yard microwave satellite antennas. c. CC &Rs shall prohibit the use of water - intensive landscaping and require the use of low water use landscaping pursuant to the provisions of LEMC Chapter 19.08 Planning Commission Approved Page 2 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) (Water Efficient Landscape Requirements), as adopted and any amendments thereto. Prior to Design Review Approval 16. All future structural development associated with this map requires separate Design Review approval pursuant to the provisions of LEMC Chapter 17.184. 17. The following architectural details shall be provided: a. 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. b. The applicant shall provide four -sided articulation. Architectural enhancements and treatments shall be provided all residential elevations (front, rear and side) visible from streets and other public views. c. All fireplaces shall be natural gas fireplaces only. No wood burning fireplaces shall be allowed. 18. 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.) 19. Design for all drainage or water quality basins proposed with TTM No. 36682 shall be approved by the City Engineer and Community Development Director or designees. Security fencing shall also be shown. Chain -link fencing is prohibited. Prior to Issuance of Grading Permits /Building Permits 20. 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 Planning Commission Approved Page 3 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 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. 21. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: a. Show that a masonry or decorative block wall will be constructed along the entire tract boundary. b. Show materials, colors, and heights of rear, side and front walls /fences for proposed lots. c. Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. d. Show the location of all wood, vinyl or steel (wrought iron or aluminum) gates placed within the front return walls. e. Show that side walls for corner lots shall be decorative masonry block walls. f. Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 22. All signage shall be subject to Planning Division review and approval prior to installation. 23. The applicant shall submit for review and approval by the Building Division building plans that are designed to current UBC and adopted codes, and meet all applicable Building and Safety Division requirements. a. Driveways shall be constructed of concrete per Building and Safety Division standards. 24. The applicant shall prepare a list of proposed street names for review and approval by the Planning, Building, and Fire Departments of the City. Planning Commission Approved Page 4 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 25. Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. 26. The applicant shall comply with all applicable City Codes and Ordinances. 27. 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. 28. Construction phasing shall be implemented in accordance with the approved Phasing Plan which avoids construction traffic from entering occupied neighborhoods within the tract. 29. A cash bond or irrevocable letter of credit in the City's name 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. 30. A cash bond or irrevocable letter of credit in the City's name 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. 31. A cash bond or irrevocable letter of credit in the City's name 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. 32. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit. 33. 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. Planning Commission Approved Page 5 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 34. All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit. 35. 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. a. 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. b. Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. c. 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. d. 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. e. No front -yard grass turf landscaping will be installed. f. 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. g. 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. Planning Commission Approved Page 6 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) h. 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. i. The Final landscape plan shall be consistent with any approved site and /or plot plan. j. The Final landscape plan shall include planting and irrigation details. k. 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. I. 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. Planning Commission Approved Page 7 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 36. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be installed prior to the issuance of a grading permit. 37. The applicant shall provide all prospective home buyers and home 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. PUBLIC WORKS DEPARTMENT/ ENGINEERING DIVISION General 38. Double fencing shall be eliminated for Lots 8, 9, 14, 15 and 27 by moving retaining wall to property lines or by providing a 3 -foot minimum access to all open spaces. 39. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded. 40. 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. 41. The developer shall pay all development fees, including but not all inclusive: TUMF, TIF, Stephens Kangaroo Rat Habitat, Railroad Canyon Benefit District and Area Drainage Fees. 42. All slopes and landscaping within public right -of -way shall be maintained by the property owner or home owner's association or another maintenance entity approved by the City Council. 43. 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 home owner's association. Planning Commission Approved Page 8 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE ll) 44. In accordance with the City's Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 45. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and or diversion of drainage. 46. 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. 47. The developer 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. 48. All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. Fees 49. The developer shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees may include: Railroad Canyon Road Benefit District, Stephens Kangaroo Habitat Fee (K -Rat), Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Master Drainage Fee. 50. Mitigation Fees will be assessed at the prevalent rate at time of payment in full. Storm Water Management / Pollutant Prevention 51. The developer shall demonstrate that the storm water collection system on Corson Street meets the County flood control standards for 10 and 100 year storm occurrences as well as BMPs for the long —term protection of inlets. 52. Provide hydrology and hydraulic analysis for the design of the storm drain collection systems and water quality /detention basin are adequate to convey flows to a safe and adequate point of discharge. Planning Commission Approved Page 9 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 53. The developer shall provide erosion control measures and best management practices (BMP's) as part of their grading and improvement plans. The developer shall ensure protection of storm water quality and meet the goals of the California Green Building Standards Code and Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54. The developer shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. 55. All storm drain inlet facilities shall be appropriately marked "No Dumping, Drains to Lake" using the City authorized marker to prevent illegal dumping in the drain system. 56. Education guidelines and Best Management Practices (BMP) shall be provide 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) 57. The developer shall prohibit the discharge of waste into the storm drain system or local surface waters in accordance with City of Lake Elsinore ordinances for storm water management and discharge control and with state and federal law. 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. 58. The developer shall submit a Storm Water Pollution Prevention Plan (SWPPP) for City's review and approval. The document must be reviewed prior to grading permit issuance. 59. The developer shall submit a 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. The final WQMP must be approved prior to grading permit issuance. 60. The WQMP shall demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. The WQMP shall provide measures to minimize the Planning Commission Approved Page 10 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) impact from the pollutants of concern and hydrologic conditions of concern identified for the project. Where the pollutants of concern include pollutants that are listed as causing or contributing to impairments of receiving waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall provide information regarding design considerations, and the long -term operation and maintenance requirements for BMPs requiring long -term maintenance as well as the mechanism for funding the long -term operation and maintenance of the BMP's. 61. DURING CONSTRUCTION, NPDES education guidelines and Best Management Practices (BMPs) shall be posted to inform users of this development of environmental awareness and good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMPs in Supplement "A" of the Riverside County NPDES Drainage Area Management Plan (Required for lots of one acre or more or lots that are part of a larger common plan (ex. shopping center infill lot). Final Tract or Parcel Map 62. The developer shall submit for plan check review and approval a final map. 63. A phasing plan shall be approved by the City Engineer prior to issuance of any permits. 64. The Final Tract Map or Parcel Map shall include the phasing boundaries consistent with the parcels of the Tentative Tract or Parcel Map. The phasing boundaries or parcels shall be processed as separate tract maps. 65. Prior to City Council approval of the Tract Map, the developer shall, in accordance with Government Code, have constructed all improvements or noted on the title sheet of the map the improvements to be constructed or have improvement plans submitted and approved, agreements executed and securities posted. Improvements 66. An Encroachment Permit shall be obtained prior to any work on City and /or State right - of -way. The developer shall submit the permit application, required fees and documents prior to issuance. 67. All roads shall be constructed to be consistent with the General Plan cross section for local streets. Planning Commission Approved Page 11 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 68. Sight distance into and out of the project location shall comply with CALTRANS Standards. 69. The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 70. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. 71. 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 are exceeded, drainage facilities shall be provided. 72. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 73. 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 scheduled and approved. 74. 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. 75. 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 safe and adequate point of discharge. 76. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 77. All Public Works requirements shall be complied with as a condition of development as Planning Commission Approved Page 12 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE 11) specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 78. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 79. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 80. Design half width street improvements and offer for dedication half width right of way on Corson Avenue. 81. Applicant shall pay cash -in -lieu of construction for improvements on Corson Avenue, in an amount equal to an approved cost estimate. The cost estimate shall be completed by a registered civil engineer using the City's Engineer's Cost Estimate form and submitted to the City Engineer for review and approval. 82. The Temporary Debris Basin proposed on Corson Avenue is interim, and shall be maintained by Pardee or its assignee until ultimate improvements have been installed adjacent. 83. The developer shall construct full street improvements and dedicate the right -of -way within its ownership on Holland Road per General Plan Major Highway street right -of- way requirements. The cross section of roadway improvements with a parkway, street lights, and sidewalk shall be consistent with other development on Holland Road, as required by the General Plan Major Highway designation and the improvements shall be constructed to the satisfaction of the City Engineer. 84. The developer shall meet with the Cities of Lake Elsinore and Menifee Public Works Departments for the final alignment of Holland Road. The final alignment shall include a trail easement on t northern side of the Holland Road a! gnmen as agreed upon by the cities after consultinq with the Pechanga Tribe. The Consultation with the Pechanga Tribe shall occur and agreement by both cities will shall be reached prior to improvement plan approval. (Amended by the City Council at its public hearing on May 26, 2015.) 85. The developer shall be responsible for acquiring right -of -ways in which the developer or the City has no legal title or interest. 86. All streets shall be constructed per Lake Elsinore City Standards for a minimum design Planning Commission Approved Page 13 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE ll) speed of 35 MPH. Any deviation from City standards shall be approved by the City Engineer. 87. The developer shall prepare a traffic impact study for the possible upgrade of Hermosa Drive and a signal warrant study at the Holland /Hermosa intersection for the review and approval of the city Traffic Engineer, 88. The developer shall implement mitigation measures identified in the Traffic Analysis to the satisfaction of the City Engineer. 89. The developer shall submit street improvement plans, signing, striping 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. 90. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. 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. 91. This project shall provide trail or roadway connections to adjacent developments unless otherwise deemed unfeasible as concurred by the city. The trail cross section shall be per County standards unless otherwise approved by the City Engineer. 92. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. Prior to Grading Permit 93. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) 94. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. Planning Commission Approved Page 14 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 95. Export sites located within the Lake Elsinore City limits must have an active grading permit. 96. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and /or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake- elsinore.org). 97.AII grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 98.The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 99. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or topography shall be approved by the City Engineer. 100. The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 101. The developer shall submit a copy of the "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. 102. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 103. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and /or subsidence zones present on -site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard. 104. Developer shall obtain all necessary off -site easements and /or permits for off -site Planning Commission Approved Page 15 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE 11) grading and the applicant shall accept drainage from the adjacent property owners. 105. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 106. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 107. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program. 108. Review of the project Storm Water Pollution Prevention Plan ( SWPPP) and sediment and erosion control plan shall be completed. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 109. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 110. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 111. Developer shall pay all grading permit applicable processing, permit, security and development fees including those fees identified in an applicable development agreement, Stephens Kangaroo Rat Habitat. 112. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. Prior to Issuance of Building Permit: 113. All required public right -of -way dedications and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 114. The Parcel or Final Tract Map shall be recorded. 115. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Planning Commission Approved Page 16 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) Prior to Occupancy 116. The developer 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). 117. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 118. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 119. As -built plans shall be completed and signed by the City Engineer. 120. All water and sewer improvements shall be completed in accordance with Water District requirements. 121. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. Documentation of responsibility for slope maintenance along right -of -ways and open spaces to be maintained by the HOA or other entity shall be provided in a recordable format and recorded prior to occupancy /final. 122. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 123. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, developer shall: Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; • Demonstrate that they are prepared to implement all non- structural BMPs included in the conditions of approval or building /grading permit conditions; • Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners /occupants; and • Developer shall provide all education guidelines for Water Quality Management Practices to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of Planning Commission Approved Page 17 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 124. The property owner (aka Legally Responsible Party) shall execute and cause to be recorded a "Covenant and Agreement" in the form provided by the City to inform future property owners of the requirement to implement the approved final project- specific WQMP. 125. Developer shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat, In Lieu of Construction and area drainage prior to occupancy /final approval. 126. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. The developer 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. 127. As -built plans for all approved plan sets shall be submitted for review and approval by the City. The developer /developer /owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a CD /DVD of the "as built" plans in .tif format. 128. All final studies and reports shall be submitted in .tif format on a CD /DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. FIRE PROTECTION PLANNING OFFICE General Conditions 129. 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. Planning Commission Approved Page 18 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 130. Blue Dot Reflectors - Blue retro - reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Dept. 131. Minimum Hydrant Fire Flow - Minimum required fire flow shall be 1,000 GPM for 2 hours duration at 20 PSI residual operating pressure, which must be available before any combustible material is placed on the job site. Average spacing between hydrants 500' and 250' maximum distance from any point on the street or road frontage to hydrant. 132. Hazardous Fire Area - The proposed project is located in a high or very high fire zone as adopted in the Lake Elsinore Municipal Code. The project shall adhere to all high fire requirements as prescribed in the Title 24 Codes, any applicable state and local codes pertaining to high fire. The structures shall comply with Chapter 7A of the Building Code and or Section R327 of the California Residential Code. Roofing Materials shall be classified at not less than class "A'. 133. Secondary Access - In the interest of Public Safety, this project shall provide an Alternate or Secondary Access. Said access shall be constructed in accordance to the City of Lake Elsinore Engineering Department standards to accommodate full fire response and community evacuation. 134. Roadway Gradient — Any and all access roads, driveways, and perimeter roads shall not exceed 15% at any point. 135. Automatic / Manual Gates — Gate entrances shall be at least two feet wider than the width of the traffic lane(s) serving that gate and no less than 20 feet wide. Any gate providing access from a road to a driveway shall be located at least 35 feet from the roadway and shall open to allow vehicle to stop without obstructing traffic on the road. Where a one -way road with a single traffic lane provides access to a gate entrance, a 40 foot turning radius shall be used. Gate access shall be equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation. Automatic /manual gate pins shall be rated with shear pin force, not to exceed 30 foot pounds. Automatic gates shall be equipped with emergency backup power. Gates activated by the rapid entry system shall remain open until closed by the rapid entry system. Contact the Fire Planning office for current plan check fees. Planning Commission Approved Page 19 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) Prior to Building Permit Issuance 136. 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). 137. 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. 138. 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. 139. 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 140. 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 141. Prior to approval of the Final Map, Parcel Map, Residential Design Review, or Special Use Permit (as applicable), the applicant shall consent to the formation of a Community Facilities District or annex into the proposed Community Facilities District No. 2015 -1 Planning Commission Approved Page 20 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) (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. Annex into the City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services 142. Prior to approval of the Final Map, Parcel Map, Residential Design Review, Special Use Permit or building permit (as applicable), 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 143. 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. Planning Commission Approved Page 21 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE 11) 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 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 BIO -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 Planning Commission Approved Page 22 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) (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 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 CRA: 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 Planning Commission Approved Page 23 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. 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. 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 opportunity to determine whether any subsurface resources are associated with the sites and if so, to collect the Planning Commission Approved Page 24 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 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 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 Planning Commission Approved Page 25 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 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 NOI -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. 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. Planning Commission Approved Page 26 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 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 NOI -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 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 Planning Commission Approved Page 27 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 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. 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. Planning Commission Approved Page 28 of 29 City Council Approved April 7, 2015 May 26, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 36682 (MEADOW RIDGE II) 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. 144. 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. END OF CONDITIONS Planning Commission Approved Page 29 of 29 City Council Approved 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 -044 was adopted by the City Council of the City of Lake Elsinore, California, at a Regular meeting held on the 20th day of May 2015, and that the same was adopted by the following vote: AYES: Mayor Manos, Council Mayor Pro Tern Tisdale NOES: Council Member Magee ABSENT: None ABSTAIN: None Member Hickman, Council Member Johnson and irgini . Bloo , City Clerk