Loading...
HomeMy WebLinkAbout03-17-2015 NAHCITY OF City of Lake Elsinore LAK -E QLSY0Rj 7xn,u EXIMM Meeting Minutes Planning Commission Tuesday, March 17, 2015 JOHN GRAY, CHAIRMAN SHELLY JORDAN, VICE CHAIRPERSON ADAM ARMIT, COMMISSIONER TIM FLEMING, COMMISSIONER LANCE RAY, COMMISSIONER GRANT TAYLOR, COMMUNITY DEVELOPMENT DIRECTOR RICHARD J. MACHOTT, PLANNING MANAGER 6:00 PM LAKE- ELSINORE.ORG (951) 674 -3124 PHONE CULTURAL CENTER 183 N. MAIN STREET LAKE ELSINORE, CA 92530 The City of Lake Elsinore appreciates your attendance. Citizens' interest provides the Planning Commission with valuable information regarding issues of the community. Meetings are normally held on the 1st and 3rd Tuesday of every month. If you are attending this Planning Commission Meeting, please park in the Parking Lot across the street from the Cultural Center. This will assist us in limiting the impact of meetings on the Downtown Business District. Thank you for your cooperation. The agenda is posted 72 hours prior to each meeting outside of City Hall and is available at each meeting. The agenda and related reports are also available in the Community Development Department on the Thursday prior to the Planning Commission meeting. In compliance with the Americans with Disabilities Act, any person with a disability who requires a modification or accommodation in order to participate in a meeting should contact the Community Development Department at (951) 674 -3124, ext. 297, at least 48 hours before the meeting to make reasonable arrangements to ensure accessibility. Any writings distributed within 72 hours of the meeting will be made available to the public at the time it is distributed to the Planning Commission. CALL TO ORDER Chairman Gray called the Planning Commission meeting to order at 6:00 p.m. PLEDGE OF ALLEGIANCE Commissioner Armit led the Pledge of Allegiance. City orLakeElsinore Page t Cultural Center Planning Commission Meeting Minutes March 17, 2015 ROLL CALL Present: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, and Commissioner Ray Also Present City Attorney Leibold, Community Development Director Taylor, Planning Manager MacHott and Office Specialist Wells. PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES City of Lake Elsinore Page 2 Planning Commission Meeting Minutes CONSENT CALENDAR ITEM S) 1) lD# 14 -485 Approval of Minutes It is recommended that the Planning Commission approve the Minutes as submitted. March 17, 2015 Motion By Vice Chair Jordan, second by Commissioner Armit to approve Commission Minutes for January 6 & 20, 2015; motion passed by roil call vote as follows: AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, NOES: None ABSTAIN: Commissioner Fleming, Commissioner Ray ABSENT: None PUBLIC HEARING ITEMS) 5) lD# 14 -489 Commercial Design Review No. 2014 -13 Conditional Use Permit No. 2014 -09 And Variance No. 2014 -02 - _A Request by AGC Design Concept for the Development of a New 4,500 Square -Foot Circle K Convenience Store with a 2,620 Square -Foot Canopy with Five Gasoline Dispensers and Freestanding 1,085 Square -Foot Automated Car Wash, Located on the Southwest Corner of the Intersection of Riverside Drive and Joy Street (APN: 379- 132 -013). The Proposed Variance is a Request to Reduce the Amount of Required Landscaping Adjacent to the Residential Development on the West Side of the Project Site and to Allow the Freestanding Pylon Sign to Exceed the Maximum Height Set Forth in the Municipal Code for the Project Site. Staff recommends that the Planning Commission: 1. Take testimony from any interested parties in attendance who have responded to the Notice of Public Hearing. 2. Keep the public hearing open and continue the matter to the Planning Commission's April 7, 2015 meeting. City of Lake Elsinore Page 3 Planning Commission Meeting Minutes March 17, 2015 Planner Agustin Resendiz presented his staff report . Resendiz advised the Planning Commission that Planning received a letter from Caltrans indicating that they were requesting a relocation of the project's driveway on Joy Street to be further away from Riverside Dr.; to allow easier traffic flow and access into the project site. He explained that action could not be taken at tonight's hearing because the site plan revision also required a revision to this project's Preliminary Water Quality Management Plan ( PWQMP). Additionally, the revised PWQMP could itself result in an additional need to revise the site plan. For this reason, staff requested that the matter be continued in order to allow time for the applicant to complete the revised PWQMP and for the City to complete its WQMP review process. Staff provided a copy of the revised site plan for the Commission's review and comments in an effort to facilitate action by the Planning Commission at its Tuesday, April 7, 2015 meeting. Chairman Gray continued this public hearing until Tuesday, April 7, 2015 Planning Commission Meeting. 2) ID# 14 -486 Terracina Specific Plan (SP No. 2012 -01) and Related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map No. 36557, and Tentative Tract Map No. 36577 - Applications by Spectrum Communities Pro osin a 150.8 -Aare Residential Development, with Approximately 76.5 Acres of Residential (468 Dwelling Units), 22 acres of Open Space, 22.5 Acres of Roadways, 1.6 Acres of Park (2.1 Gross Acres), and 28.2 Acres of Graded Slopes and Basins, located adiacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue. 1. Adopt Resolution No. 2015 -_;A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Terracina Specific Plan (SP No. 2012 -01) and Related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 Located Adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Recommending to the City Council of the City of Lake Elsinore Adoption of Mitigated Negative Declaration No. 2015 -01. 2. Adopt Resolution No. 2015--;A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Terracina Specific Plan (SP No. 2012 -01) and Related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Recommending to the City Council of the City of Lake Elsinore Adoption of Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). 3. Adopt Resolution No. 2015 -_;A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Property Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Recommending to the City Council of the City of Lake Elsinore Approval of Terracina Specific Plan (SP No. 2012 -01) and Approval of Zone Change No. 2012 -05. City of Lake Elsinore Page 4 Planning Commission Meeting Minutes March 17, 2015 4. Adopt Resolution No. 2015 -_;A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Property Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Recommending to the City Council of the City of Lake Elsinore Approval of General Plan Amendment No. 2012 -03. 5. Adopt Resolution No. 2015 -_; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Vesting Tentative Tract Map No. 36557, to Subdivide 150.8 Acres Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Into 468 Single- Family Residential Lots, One 2.1 Acre Gross (1.6 Acre Net) Park Site, Seven Landscape Lots, Four Open Space Lots, One Sewer Lift Station Lot and Three Water Quality Management Plan (WQMP) And Drainage Basin Lots. 6. Adopt Resolution No. 2015 -_; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Tentative Tract Map No. 36577 to Subdivide 150.8 Acres Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Into Six Lots For Finance and Conveyance Purposes. City of Lake Elsinore Page 5 Planning Commission Meeting Minutes March 17, 2015 Planning Manager Richard MacHott gave a full presentation. Applicant Dave Jeffers addressed Planning Commission and gave a brief introduction of the owners David Salene and Don Clurman. Jeffers quickly went over studies, plans and reports that went into the creation of this project along with a presentation. Jeffers thanked everyone who worked on this project and asked the Planning Commission for their approval. Resident Maria Castillo - Flores spoke about her concerns about the new project. She requested a solution for her concerns. She asked the City or the Developer to put in a block wall /sound wall barrier and a sidewalk along Terra Cotta Road on the opposite side of the development, and would like for the speed limit reduced. Resident Danny Perez lifetime resident expressed his concerns on the project's storm drain systems and his concerns about a planned detention basin above his property. Resident Margret Williams gave her testimony on this topic, She stated that her biggest problem with this project is the 4 -lane highway (Terra Cotta Road) behind her home. She wanted the Developer to build a block wall behind her house and to plant trees there as well. She said she would like some consideration from the Developer and the City of Lake Elsinore regarding her concerns. Resident Lisa Turner spoke on neighbor's behalf and read letters addressed to Planning Commission. She concluded with that these concerns from herself and other residents are not just noise concerns but there is a matter of privacy and safety as well. Vice Chair Jordan explained, that she did go look at the location that the residents were speaking about so she could get a better understanding of what their concerns were and said she would go look again. Jordan recommended that when these improvements do start, the residents should come down and speak to the City and see if there is something that could be done to work with them on these concerns. Applicant Dave Jeffers responded to residents concerns with regards to the project. Jeffers explained, they are just implementing the City's General Plan. Planning Commissioner Ray asked for clarification from Planning Commission, Project Developers and their staff on project with regards to future traffic and he needed a better understanding of the Terracina Specific Plan. Attorney Sam Alhadeff explained rules on development. He assured residents that they have done what is necessary to comply with the rules. He thanked everyone for coming and listening, as well as voicing their opinions. Carl Ballard, the applicant's Traffic Engineer, explained the traffic studies that were completed for the project and addressed residents concerns. He gave clarification to Planning Commissioner Ray's inquiry on traffic and speed on the roads surrounding this project. He stated that we are we well within the road's capacity of assigned vehicles per day. City of Lake Elsinore Page 0 Planning Commission Meeting Minutes Motion by Vice Chair Jordan, second by Commissioner Fleming to Adopt Resolution No. 2015 -06; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Terracina Specific Plan (SP No. 2012 -01) and Related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 Located Adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Recommending to the City Council of the City of Lake Elsinore Adoption of Mitigated Negative Declaration No. 2015 -01. March 17, 2016 AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None Motion by Chairman Gray, second by Armit to Adopt Resolution 2015 -07; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Terracina Specific Plan (SP No. 2012 -01) and Related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Recommending to the City Council of the City of Lake Elsinore Adoption of Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None Motion by Vice Chair Jordan, second by Chairman Gray to Adopt Resolution No. 2015 -08; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Property Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Recommending to the City Council of the City of Lake Elsinore Approval of Terracina Specific Plan (SP No. 2012 -01) and Approval of Zone Change No. 2012 -05. City of Lake Elsinore Page 7 Planning Commission Meeting Minutes March 17, 2015 Motion by Commissioner Ray, Second by Commissioner Fleming to Propose a Substitute Motion to Adopt Resolution No. 2015 -08 with the added Condition to require the project developer to install sidewalks on the northerly side of Terra Cotta Rd, between Lakeshore Dr. and Harrison Ave. AYES: Commissioner Fleming, Commissioner Ray NOES: Chairman Gray, Vice Chair Jordan, Commissioner Armit ABSENT: None ABSTAIN: None *Substitute Motion failed default to Original Motion to Adopt Resolution No. 2015 -08 AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming NOES: Commissioner Ray ABSENT: None ABSTAIN: None Motion by Chairman Gray, second by Vice Chair Jordan to Adopt Resolution No. 2015 -09; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Property Located Adjacent to Lakeshore Drive, Between Terra Cotta and Dryden Street, and Extending to Hoff Avenue, Recommending to the City Council of the City of Lake Elsinore Approval of General Plan Amendment No. 2012 -03. AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None Motion by Commissioner Fleming, second by Commissioner Armit to Adopt Resolution No. 2015 -10; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Vesting Tentative Tract Map No. 36557, to Subdivide 150.8 Acres Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Ave, Into 468 Single- Family Residential Lots, One 2.1 Acre Gross (1.6 Acre Net) Park Site, Seven Landscape Lots, Four Open Space Lots, One Sewer Lift Station Lot and Three Water Quality Management Plan (WQMP) And Drainage Basin Lots. AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None City of Lake Elsinore Page 8 Planning Commission Meeting Minutes March 17, 2015 Motion by Commissioner Fleming, second by Commissioner Armit to Adopt Resolution No. 2015 -11; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Tentative Tract Map No. 36577 to Subdivide 150.8 Acres Located Adjacent to Lakeshore Drive, Between Terra Cotta Road and Dryden Street, and Extending to Hoff Avenue, Into Six Lots for Finance and Conveyance Purposes. AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None Planning Commission meeting took a 10 minute recess at 8:20p.m. 3) 1D# 14 -487 Spyglass Ranch Specific Plan No. 2005 -02, Amendment No. 1, Tentative Tract May No. 35337, Amendment No. 1 & Tentative Parcel Map No. 35336, Amendment No. 1 - Requests by Pacific Coves Investments, LLC. to amend Spyglass Ranch Specific Plan No. 2005 -02 and related Tentative Tract Map No. 35337 to Allow for the Demolition of an Existing Private Residence that Included Equestrian And Swimming Facilities Within Planning Area 3; and to Amend the Conditions of Approval for Approved Financing and Conveyance Parcel Map No. 35336 to Modify and/or Delete Previously Approved Conditions of Approval. 1. Adopt Resolution No. 2015 - _; A Resolution of the Planning Commission of the City of Lake Elsinore, Recommending to the City Council of the City of Lake Elsinore Approval of Addendum # 1 to Environmental Impact Report No. 2007 -01 for Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02, Tentative Tract Map No. 35337, Amendment No. 1 and Tentative Parcel Map No. 35336, Amendment No. 1. 2. Adopt Resolution No. 2015_; A Resolution of the Planning Commission of the City of Lake Elsinore, California Recommending to the City Council of the City of Lake Elsinore Approval of Amendment No. 1 to Spyglass Ranch Specific Plan No. 2005 -02 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street. 3. Adopt Resolution No. 2015_; A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Tentative Tract Map No. 35337, Amendment No. 1 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street. 4. Adopt Resolution No. 2015 A Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Tentative Parcel Map No.35336, Amendment No. 1 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street. City of Lake Elsinore Page 9 Planning Commission Meeting Minutes Planning Commission meeting Reconvened at 8:30p.m. March 17, 2015 Planning Manager Richard MacHott presented the next staff report. MacHott concluded presentation with offering that he or the applicant are available to answer questions regarding this project. Vice Chair Jordan wanted to clarify that the Parcel Map and Tentative Tract Map are already approved. Jordan questioned if the discussion they were having about these two maps, were the changes to Conditions of Approval. Manager MacHott informed her, that was correct. She suggested an addition to following Condition of Approval. Condition No. 171 on page 28 of 35 Add language about private streets included in CC &Rs. Commissioner Ray asked for a definition of a full street improvement from Main St at Del Norte„ intersection south to Elsinore Hills Rd. Applicant Eric Lunde explained that their requirements under the traffic study were to do half width, he stated he agreed in working with the City in partnership to full width from Main St. to Elsinore Hills Rd. He commented that was a requirement above and beyond what they were supposed to do. Lunde also stated that they entered into a joint development agreement with the property to the north (Southshore 1) , and they have agreed when they come on line they will reimburse for half. Eric Lunde stated that he was in support of the staff report. He advised that there was a great deal of money and time trying to keep the house secure. There were K rails put up, fences, pits, rocks, paint, windows boarded up inside and out. They tried everything, they just couldn't keep anyone out of the property. Anything that had any value at all, or was fun to tear apart, was done. Grant Taylor Community Development Director responded to Eric Lunde's statement by saying, he spoke to the building official. The structural integrity is gone, it would cost a astronomical amount of money just to secure it. It's a safety issue and needs to be demolished. Commissioner Ray stated he would like to Amend to the Conditions of Approval. Condition No. 128 page 22 of 35 Include the full street improvements, inclusive of Street A, from Elsinore Hills Rd. to Street A. City of Lake Elsinore Page 10 Planning Commission Meeting Minutes March 17, 2015 Motion by Commissioner Armit, second by Chairman Gray to Adopt Resolution No. 2015 -12; A Resolution of the Planning Commission of the City of Lake Elsinore, Recommending to the City of Council of the City of Lake Elsinore Approval of Addendum #1 to Environmental Impact Report No. 2007 -01 for Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02, Tentative Tract Map No. 35337, Amendment No. 1 and Tentative Parcel Map No. 35336, Amendment No. 1. AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None Motion by Commissioner Ray, second by Vice Chair Jordan to Adopt Resolution 2015 -13; A Resolution of the Planning Commission of the City of Lake Elsinore, California Recommending to the City Council of the City of Lake Elsinore Approval of Amendment No. 1 to Spyglass Ranch Specific Plan No. 2005 -02 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street. AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None Motion by Vice Chair Jordan, second by Commissioner Armit to make a substitute motion to Adopt Resolution 2015 -14; A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore Approval of Tentative Tract Map No. 35337, Amendment No. 1 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street; with the addition of a new Condition of Approval No. 161a and all of the other Conditions as recommended. AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit NOES: Commissioner Fleming, Commissioner Ray ABSENT: None ABSTAIN: None City of Lake Elsinore Page 11 Planning Commission Meeting Minutes March 17, 2015 Motion by Vice Chair Jordan, second by Commissioner Fleming to Adopt Resolution 2015 -15; A Resolution of the Planning Commission of the City of Lake Elsinore, California, recommending to the City Council of the City of Lake Elsinore Approval of Tentative Parcel Map No. 35336, Amendment No. 1 located on a 259 -acre site on the east side of Camino Del Norte at its intersection with Main Street. AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ASSENT: None ABSTAIN: None City of Lake Elsinore Page 12 Planning Commission Meeting Minutes March 17, 2015 4) la# 14 -488 Tentative Tract Map No. 36567 - Proposing the Subdivision of 67.69 Acres (APN 363- 020 -002, 003, 011 Through 015, and 0181 Into 147 Single- Family Residential Lots, Two Open Space Lots, Three Open Space Lots for a Park and One Open SpacelWater Quality Basin Lot; the Grading and Use of a City -Owned Parcel (APN 363 - 020 -011) as Part of the Park; Located Northeast of Interstate 15 at Main Street- approximately One-Quarter Mile Northeast of Camino Del Norte. 1. Adopt Resolution No. 2015 -_; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street approximately One- Quarter Mile Northeast of Camino Del Norte, Recommending to the City Council of the City of Lake Elsinore Adoption of Mitigated Negative Declaration No. 2015 -02. 2. Adopt Resolution No. 2015 -_; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street approximately One - Quarter Mile Northeast of Camino Del Norte, Recommending to the City Council of the City of Lake Elsinore Adoption of Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). 3, Adopt Resolution No. 2015 -_; A Resolution of the Planning Commission of the City of Lake Elsinore, California Recommending to the City Council of the City of Lake Elsinore Approval of Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street Approximately One- Quarter Mile Northeast of Camino Del Norte, Dividing Approximately 67.9 Acres Into 147 Single - family Residential Lots, Two Open Space Lots, Three Open Space Lots for a Park and One Open Space[Water Quality basin lot, and The Grading and Use of an Adjacent City -owned Parcel as Part of the Park. Clfy of Lake Elsinore Page 13 Planning Commission Meeting Minutes March 17, 2015 Planning Manager Richard MacHott summarized his staff report. Applicant Lunde continued with saying, there was a previous map that was being processed in the City on this property for over 400 units. That was going to be smaller lot condos, the market went down and applicant went away. The property does have existing General Plan and Zoning for 400 hundred units and they are roughly 64% less then that. They are incorporating the City property that really is useless property, if they don't include it into the park. Its not part of the landfill area, it was a barrow site, so there is no contaminant associated with that, He also explained, in partnership with the City they did show that one of the alignments for La Strada Ave in case that needed go in at a future date, they accounted for that. He said these are large lots, it has General Plan Designation and Zoning. He assured they followed all the rules and he thinks this is a great project. Motion by Vice Chair Jordan, second by Chairman Gray to Adopt Resolution No. 2015 -16; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street approximately One - Quarter Mile Northeast of Camino Del Norte, Recommending to the City of Lake Elsinore Adoption of Mitigated Negative Declaration No. 2015 -02, AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None Motion by Commissioner Armit, second by Commissioner Fleming to Adopt Resolution No. 2015 -17; A Resolution of the Planning Commission of the City of Lake Elsinore, California Regarding Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street approximately One - Quarter Mile Northeast of Camino Del Norte, Recommending to the City Council of the City of Lake Elsinore Adoption of Findings of Consistency with the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP). AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None City or Lake Elsinore Page 14 �— Planning Commission Meeting Minutes March 17, 2015 Motion by Chairman Gray, second by Commissioner Fleming to Adopt Resolution 2015 -18; A Resolution of the Planning Commission of the City of Lake Elsinore, California Recommending to the City Council of the City of Lake Elsinore Approval of Tentative Tract Map 36567 Located Northeast of Interstate 15 at Main Street Approximately One - Quarter Mile Northeast of Camino Del Norte, Dividing Approximately 67.9 Acres into 147 Single- family Residential Lots, Two Open Lots, Three Open Space Lots for a Park and One Open SpacelWater Quality basin lot, and The Grading and Use of an Adjacent City -owned Parcel as Part of the Park. AYES: Chairman Gray, Vice Chair Jordan, Commissioner Armit, Commissioner Fleming, Commissioner Ray NOES: None ABSENT: None ABSTAIN: None BUSINESS ITEM(S) - None STAFF COMMENTS Community Development Director concluded with future projects in the City of Lake Elsinore and stated it is getting busy. He thanked Planning Commission and staff. Planning Manager Richard MacHott Informed Staff of upcoming Annexation into the City that is consistent with the General Plan and Zoning. Attorney Liebold welcomed Commissioners Fleming and Ray and complimented them on their fantastic job tonight. Liebold announced her Partner David Mann, will be the main point person. Mann will be covering Planning Commission and working thru the Planning Commission Agenda's. She welcomed David to Planning Commission. Attorney David Mann stated he looks forward to working with everyone and that he is really excited to have this additional roll at the City. He explained he has worked with Community Development Director Taylor and Planning Manager MacHott on special projects for a long time, as well as been Barbara's back -up. He said he was very excited to have the opportunity to be more involved in Planning with the City. City of Lake Elsinore Page 15 Planning Commission Meeting Minutes COMMISSIONERS' COMMENTS March 17, 2015 Vice Chair Jordan welcomed new Planning Commissioners Lance Ray and Tim Fleming to the Planning Commission. She complimented them on their conversation input and questions tonight. And she looks forward to future on having them on board Commissioner Armit thanked staff for sending Commissioners to Conference, he stated it was very Informative. He welcomed new Commissioners and thanked them for serving on the Planning Commission. Planning Commissioners Lance Ray and Tim Fleming also thanked Staff for sending them to conference as well. Commissioner Fleming also thanked staff for sending him to the Conference. He said he was glad to see some long over due old projects coming forward. Commissioner Ray thanked Staff for giving him the opportunity participate. Chairman Gray concluded with thanking Planning Commission. He stated that it was excellent seeing Agenda's filling up, it indicates what is going on in the City. He explained that the cycle of development growth is coming back and the Commission is very glad to see applicants like Mr. Lunde and these fine projects that are coming into the City. ADJOURNMENT The next regularly scheduled Planning Commission meeting to be held on Tuesday, April 7, 2015, at the Cultural Center, 183 N. Main Street, Lake Elsinore, CA 92530. 4 �+ Jo n Gra1, Chairm n Ci f-Lake Elsinore Attest: e Richard J. MacHott, LEED Green Associate Planning Manager City of Lake Elsinore Page 78 RESOLUTION NO. 2015 -06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING TERRACINA SPECIFIC PLAN (SP NO. 2012 -01) AND RELATED GENERAL PLAN AMENDMENT NO. 2012 -03, ZONE CHANGE NO. 2012 -05, VESTING TENTATIVE TRACT MAP 36557, AND TENTATIVE TRACT MAP 36577 LOCATED ADJACENT TO LAKESHORE DRIVE, BETWEEN TERRA COTTA ROAD AND DRYDEN STREET, AND EXTENDING TO HOFF AVENUE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2015 -01 WHEREAS, Spectrum Communities has filed applications with the City of Lake Elsinore requesting approval of the Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 ( "Project ") for a residential development, with approximately 76.5 acres of residential (468 dwelling units), 22 acres of open space, 22.5 acres of roadways, 1.6 acres of park (2.1 gross acres), and 28.2 acres of graded slopes and basins, located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue (APN 378 -040 -004 through 007, 378- 040 -012, 389- 180 -001 and 002, and 389 -190 -002); 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, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate Mitigated Negative Declaration No. 2014 -02 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, pursuant to CEQA Guidelines Section 15072, on September 26, 2013 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 PLANNING COMMISSION RESOLUTION NO. 2015 -06 PAGE 2OF4 Negative Declaration was made available for public review and comment for thirty days beginning on September 26, 2013 and ending on October 25, 2013; 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 October 16, 2014 and ending on November 17, 2014; and WHEREAS, a Mitigation Monitoring and Reporting Program (°MMRP ") for the Project has been prepared in accordance with Section 21081.6 of CEQA; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to proposed Specific Plans, General Amendments, Zone Changes, and the subdivision of land; and WHEREAS, on December 2, 2014, January 6, 2015, and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby finds that the Mitigated Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA; and recommends to the City Council that it make the same finding. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 4. The Planning Commission further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring an additional recirculation of the Mitigated Negative Declaration are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. PLANNING COMMISSION RESOLUTION NO. 2015 -06 PAGE 3OF4 SECTION 5. The Planning Commission hereby makes, adopts, and incorporates the following findings regarding the lack of potential environmental impacts of the Project and the analysis and conclusions set forth in the Mitigated Negative Declaration: Revisions in the Project plans or proposals made by or agreed to by the applicant before the Mitigated Negative Declaration and Initial Study was released for public review and mitigation measures set forth in the Initial Study would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced to less than significant levels. 2. There is no substantial evidence, in the light of the whole record before the Planning Commission including the initial study and any comments received, that the Project will have significant effect on the environment. Pursuant to the evidence received, including comment letters, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented and the above findings, the Planning Commission hereby recommends that the City Council of the City of lake Elsinore adopt Mitigated Negative Declaration No. 2014 -02 and the Mitigation Monitoring and Reporting Program for the Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012-05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: Joh r y, Chair an City'ef -Lake Elsinore Plann g Commission PLANNING COMMISSION RESOLUTION NO, 2015 -06 PAGE 4OF4 ATTEST: Richard J acHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS 1, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -06 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE G ee"4��' Richard J. cHott, LEED Green Associate Planning Manager RESOLUTION NO. 2015- 07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING TERRACINA SPECIFIC PLAN (SP NO. 2012 -01) AND RELATED GENERAL PLAN AMENDMENT NO. 2012 -03, ZONE CHANGE NO. 2012 -05, VESTING TENTATIVE TRACT MAP 36557, AND TENTATIVE TRACT MAP 36577 LOCATED ADJACENT TO LAKESHORE DRIVE, BETWEEN TERRA COTTA ROAD AND DRYDEN STREET, AND EXTENDING TO HOFF AVENUE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Spectrum Communities, has filed applications with the City of Lake Elsinore requesting approval of the Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 ( "Project ") for a residential development, with approximately 76.5 acres of residential (468 dwelling units), 22 acres of open space, 22.5 acres of roadways, 1.6 acres of park (2.1 gross acres), and 28.2 acres of graded slopes and basins, located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue (APN 378 - 040 -004 through 007, 378- 040 -012, 389 -180 -001 and 002, and 389 - 190 -002); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements", and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to proposed Specific Plans, General Amendments, Zone Changes, and the subdivision of land; and PLANNING COMMISSION RESOLUTION NO. 2015 -07 PAGE 2 of 6 WHEREAS, on December 2, 2014, January 6, 2015 and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:. SECTION 1. The Planning Commission has reviewed and analyzed the proposed applications and their consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP for Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577. SECTION 2. That in accordance with the City of Lake Elsinore Municipal Code, and the MSHCP, Findings for adoption have been made as follows: The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency Finding before approval. The proposed project includes a specific plan and related general plan amendment, zone change, and vesting tentative tract map that require a number of discretionary approvals from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements." These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal pool Guidelines (MSHCP, Section 6.1.2), Protection of !Narrow Endemic Plant Species Guidelines (MSHCP, Section 6.1.3), Additional Survey Needs and Procedures (MSHCP, Section 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, Section 6.1.4), Vegetation Mapping (MSHCP, Section 6.5. 1) requirements, Fuels Management Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, Section 4). 2. The proposed project is not subject to the City's LEAP (Lake Elsinore Acquisition Process) and the County's Joint Project Review processes. The proposed project is not located within an MSHCP Criteria Cell area, therefore, no formal LEAP submittal was required. However, the project is still required to demonstrate compliance with "Other Plan Requirements." The project is in compliance as described further below. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. PLANNING COMMISSION RESOLUTION NO. 2015 -07 PAGE 3 of 6 No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP - covered species. The project will impact 1.55 acres of MSHCP riparian /riverine, including 1.13 acres of riparian vegetation and 4.42 acre of unvegetated riverine areas. Pursuant to the requirements of Section 6.1.2, a Determination of Biologically Equivalent or Superior Protection (DBESP) was prepared. The DBESP concluded that avoidance of the impacted riparian /riverine areas is infeasible and that through the acquisition of mitigation credits supporting equal or superior values, the project would replace lost functions and values and would be considered a biologically equivalent or superior project. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project site is located within the Narrow Endemic Plant Species Survey Area (NEPSSA) as shown on Figure 6 -1 of the MSHCP. Focused plant surveys were conducted for species identified under Section 6.1.3 of the MSHCP in areas of the project site that contained potentially suitable habitat, and none of the NEPSSA target species were identified onsite. As such, the project is compliant with MSHCP Section 6.1.3. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in CASSA, Amphibian Species Survey Area with Critical Area, Burrowing Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with Criteria Areas of the MSHCP. The project site is located outside of any CASSA for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. The proposed project is located within the survey area identified for the burrowing owl. Breeding season protocol surveys for the western burrowing owl were conducted pursuant to the Burrowing Owl Survey Instructions as set forth by the MSHCP and resulted in negative findings of burrowing owl and sign. As required by the MSHCP, mitigation has been included requiring pre - construction focused species surveys within 30 -days prior to any ground - disturbing activities at the project site where suitable habitat is present and requiring appropriate mitigation if active nests are located. Based upon the above, it can be concluded that the proposed project is consistent with the provisions of the MSHCP. PLANNING COMMISSION RESOLUTION NO. 2015 -07 PAGE 4 of 6 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. The MSHCP UrbanNVildland interface Guidelines are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area. Indirect impacts to the off -site potential Conservation Area are discussed above under Item 4a, b for the following issues. Drainage, Toxics, Lighting, Noise, Invasive species, Barriers, and Grading /Land Development. As required by the MSHCP, mitigation has been included that would reduce indirect impacts to a less- than - significant level, and would be consistent with the MSHCP. 7. The proposed project is consistent with the Vegetation Mapping requirements. Vegetation mapping was conducted as part of the biological surveys conducted on the entire Project Site and is consistent with the MSHCP Section 6.3.1 Vegetation Mapping requirements. 8. The proposed project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area and shall be implemented as part of the Project. As such, the Project is consistent with the Fuels Management Guidelines. 9. The proposed project is conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project overall is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented and the above findings, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that Terracina Specific Plan (SP No. 2012 -01) and related General Plan Amendment No. 2012 -03, Zone Change No. 2012 -05, Vesting Tentative Tract Map 36557, and Tentative Tract Map 36577 are consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2015 -07 PAGE 5 of 6 PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: John- -Oro , Chap man City -of Lake Elsinore PI ing Commission ATTEST; Richard J. ffacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015 -07 PAGE 6 of 6 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -07 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR ,JORDAN, COMMISSIONER ARMIT COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. WacHoft, LEED Green Associate Planning Manager RESOLUTION NO. 2015 -08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING PROPERTY LOCATED ADJACENT TO LAKESHORE DRIVE, BETWEEN TERRA COTTA ROAD AND DRYDEN STREET, AND EXTENDING TO HOFF AVENUE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TERRACINA SPECIFIC PLAN (SP NO. 2012 -01) AND APPROVAL OF ZONE CHANGE NO. 2012 -05 WHEREAS, an application has been filed with the City of Lake Elsinore by Spectrum Communities (the "Developer ") requesting approval of the Terracina Specific Plan No. 2012 -01 and its related cases ( "Project ") relating to properties located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue (APN 378 - 040 -004 through 007, 378- 040 -012, 389 - 180 -001 and 002, and 389 -190 -002) ( "the Properties "); and WHEREAS, Spectrum Communities has also filed an application with the City of Lake Elsinore to change the zoning of the City's Official Zoning Map ( "Zone Change ") for properties located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue; said Zone Change requesting to change the zoning on the subject property (APN 378- 040 -004 through 007, 378- 040 -012, 389- 180 -001 and 002, and 389- 190 -002) ( "the Properties ") from R -1 (Single - Family Residential District) SP (Specific Plan); and WHEREAS, the proposed Specific Plan with its maximum of 448 dwelling units is consistent with the subject property's adopted Low Density Residential ( "LDR ") and Low - Medium Density Residential ( "LMR ") General Plan Land Use Designations which would allow a maximum of 824 dwelling units. WHEREAS, the Specific Plan and Zone Change conform to and are consistent with the proposed General Plan Amendment No. 2012 -03 that accompany them for the Properties; 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 PLANNING COMMISSION RESOLUTION NO. 2015 -08 PAGE 2 OF 5 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 October 16, 2014 and ending on November 17, 2014. WHEREAS, public notice of the Specific Plan and the Zone Change has been given and on December 2, 2014, January 6, 2015 and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed Terracing Specific Plan No. 2012 -01 and Zone Change No. 2012 -05 pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and proposed General Plan Amendment, and the Lake Elsinore Municipal Code and finds and determines that the proposed Terracina Specific Plan No. 2012 -01 and Zone Change No. 2012 -05 are consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and proposed General Plan Amendment and the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission has considered Mitigated Negative Declaration No. 2014 -02 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2014 -02 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2014 -02 provides the necessary environmental clearance for Terracina Specific Plan No. 2012 -01 and Zone Change No. 2012 -05. SECTION 3. That in accordance with the State Planning and Zoning Law and Chapter 17.204 (SPD Specific Plan District) of the Lake Elsinore Municipal Code, the Planning Commission hereby makes the following findings for the approval of the Terracina Specific Plan No. 2012 -01 and Zone Change No. 2012 -05: The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. The land uses and densities associated with the Terracina Specific Plan provide a variety of lot and home size product type in order to implement the PLANNING COMMISSION RESOLUTION NO. 2015 -08 PAGE 3OF5 objectives of the City's General Plan and the project proponents. It also includes a land use change from the existing General Plan designations of Low Density Residential and Low - Medium Density Residential for the 151 - acre site. Using these designations, the City's General Plan allows a maximum of 824 dwelling units. The proposed project allows a maximum of 468 homes. 2. The proposed Specific Plan and Zone Change will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed Terracina Specific Plan and SP zoning will allow for the development of the Terracina Specific Plan, a master planned development with approximately 76.5 acres of single - family residential development (468 dwelling units), 22 acres of open space, 22.5 acres of roadways, 1.6 acres of park (2.1 gross acres), and 28.2 acres of graded slopes and basins. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. A Traffic impact Analysis dated January 29, 2014, was prepared by Kunzman Associates, Inc. for the Terracina Specific Plan and its related cases. The Traffic impact Analysis provided mitigation measures through all phases of development of the specific plan. Additionally the Terracina Specific Plan has been conditioned to extend Terra Cotta Road from the project boundary to !Nichols Road, thereby affording it the opportunity to take access from two main roadways (Lakeshore and Nichols Road), as well as providing additional paved access to existing residential development in proximity to the project site. 4. The overall design of the specific plan will produce an attractive, efficient and stable development. Design standards and guidelines have been incorporated into the specific plan to ensure an attractive, efficient and vibrant project. Visual graphics and photos accompany the design guidelines that capture the atmosphere and cohesiveness that the specific plan seeks to emulate. 5. The proposed Specific Plan and Zone Change will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potential to have detrimental effects and conditions have been imposed on the subject PLANNING COMMISSION RESOLUTION NO. 2015 -08 PAGE 4 OF 5 project to ensure that the health, safety and welfare of surrounding residents will be protected. C. The proposed development will not have a significant effect on the environment. The effects of the project has been analyzed in the Mitigated Negative Declaration /Initial Study (SCH #2093091083) prepared for the Terracina Specific Plan and its related cases, and adequate mitigation measures have been prepared where necessary. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council approve Terracina Specific Plan No. 2012 -01 and Zone Change No. 2012 -05 by ordinance. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: , John a Chairm n City o Lake Elsinore PlanQili g Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015 -08 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -08 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT COMMISSIONER FLEMING, NOES: COMMISSIONER RAY ABSTAIN: NONE ABSENT: NONE Richard J. M cHott, LE- ED Green Associate Planning Manager RESOLUTION NO. 2015- 09 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING PROPERTY LOCATED ADJACENT TO LAKESHORE DRIVE, BETWEEN TERRA COTTA ROAD AND DRYDEN STREET, AND EXTENDING TO HOFF AVENUE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2012- 03 WHEREAS, Spectrum Communities has filed an application with the City of Lake Elsinore to amend the City's General Plan Land Use designations ( "General Plan Amendment ") for properties located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue; said General Plan Amendment requesting an amendment of the land use designation on Assessor's Parcel Numbers 378 -040 -004 and 005, 389- 180 -001 and 002, and 389 - 190 -002 from Low - Medium Density Residential (LMR) to Specific Plan (SP) and on Assessor's Parcel Numbers 378 -040 -006, 007 and 012 from Low Density Residential (LR) to Specific Plan (SP) ( "the Properties "); and WHEREAS, Government Code Section 65358 empowers the legislative body to amend all or part of an adopted general plan if to do so would be in the public interest and so long as no mandatory element of the general plan is amended more frequently than four times during any calendar year, and WHEREAS, General Plan Amendment. No. 2012 -03 (the "project ") is part of the City's First (15t) Cycle amendments to the Lake Elsinore General Plan for the 2015 calendar year; and WHEREAS, public notice of the General Plan Amendment has been given and on December 2, 2014, January 6, 2015 and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed General Plan Amendment 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 General Plan Amendment 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. PLANNING COMMISSION RESOLUTION NO. 2016 -09 PAGE 2 of 4 SECTION 2. The Planning Commission has considered Mitigated Negative Declaration No. 2014 -02 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2014 -02 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2014 -02 provides the necessary environmental clearance for General Plan Amendment No. 2012 -03. SECTION 3. That in accordance with the California Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission hereby makes the following findings for the approval of General Plan Amendment No. 2012 -03: 1. The proposed General Plan Amendment will not be a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. a. The proposed General Plan Amendment has been analyzed relative to its potential to have detrimental effects and conditions have been imposed on the subject project to ensure that the health, safety and welfare of surrounding residents will be protected. b. The application to include the Specific Plan designation on the properties adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street and extending to Hoff Avenue, reflects the Terracina Specific Plan which has been conditioned to extend Terra Gotta Road and Pierce Street from the project boundary to Nichols Road; thereby affording it the opportunity to take access from two main roadways (Lakeshore and Nichols Road), as well as providing additional paved access to existing residential development in proximity to the project site. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints. The proposed SP designation will allow for the development of the Terracina Specific Plan, a master planned development with approximately 76.5 acres of single - family residential development (466 dwelling units), 22 acres of open space, 22.5 acres of roadways, 1.6 acres of park (2.1 gross acres), and 25.2 acres of graded slopes and basins. 3. The proposed General Plan Amendment would establish a land use density, intensity and usage more in character with the subject property's location, access, and constraints. The land uses and densities associated with the Terracina Specific Plan provide a variety of lot and home size product type in order to implement the PLANNING COMMISSION RESOLUTION NO. 2015 -09 PAGE 3 of 4 objectives of the City's General Plan and the project proponents. it also includes a land use change from the existing General Plan designations of Low Density Residential and Low - Medium Density Residential for the 151 - acre site. Using these designations, the City's General Plan allows a maximum of 824 dwelling units. The proposed project allows a maximum of 468 homes. 4. The proposed General Plan Amendment will not have a significant effect on the environment. The effects of the General Plan Amendment has been analyzed in the Mitigated Negative Declaration/Initial Study (SCH #2093091083) prepared for the Terracina Specific Plan and its related cases, and adequate mitigation measures have been prepared where necessary. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, the Planning Commission hereby recommends approval of General Plan Amendment No. 2012 -03. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: John ra , Chair an City 6t Lake Elsinore Plan6ng Commission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015 -09 PAGE 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -09 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. cHott, LEER Green Associate Planning Manager RESOLUTION NO. 2015 -10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 36557, TO SUBDIVIDE 150.8 ACRES LOCATED ADJACENT TO LAKESHORE DRIVE, BETWEEN TERRA COTTA ROAD AND DRYDEN STREET, AND EXTENDING TO HOFF AVENUE, INTO 468 SINGLE- FAMILY RESIDENTIAL LOTS, ONE 2.1 ACRE GROSS (1.6 ACRE NET) PARK SITE, SEVEN LANDSCAPE LOTS, FOUR OPEN SPACE LOTS, ONE SEWER LIFT STATION LOT AND THREE WATER QUALITY MANAGEMENT PLAN (WQMP) AND DRAINAGE BASIN LOTS WHEREAS, Spectrum Communities filed an application for Vesting Tentative Tract Map No. 36557 (the "project ") with the City of Lake Elsinore for a residential subdivision of 150.8± acres of unimproved property located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue (APN 378 -040 -004 through 007, 378 - 040 -012, 389- 180 -001 and 002, and 389 -190- 002); and WHEREAS, Spectrum Communities has also filed applications with the City of Lake Elsinore requesting approval of related applications for the Terracina Specific Plan (SP No. 2012 -01), General Plan Amendment No. 2012 -03, and Zone Change No. 2012- 05; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, 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 PLANNING COMMISSION RESOLUTION NO. 2015 -10 VTTM 36557 PAGE 2OF4 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 October 16, 2014 and ending on November 17, 2014. WHEREAS, public notice of the vesting tentative tract has been given and on December 2, 2014, January 6, 2015 and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and proposed General Plan Amendment, and the Lake Elsinore Municipal Code and finds and determines that the proposed Vesting Tentative Tract No. 36557 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and proposed General Plan Amendment and the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission has considered Mitigated Negative Declaration No. 2014 -02 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2014 -02 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2014 -02 provides the necessary environmental clearance for Vesting Tentative Tract No. 36557. SECTION 3. That in accordance with the California Planning and Zoning Laws and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for Vesting Tentative Tract No. 36557: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan and proposed General Plan Amendment, and with the proposed Terracina Specific 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). a. The design of the proposed map, approximately 76.5 acres of residential (468 dwelling units), 22 acres of open space, 22.5 acres of roadways, 1.6 acres of park (2.1 gross acres), and 28.2 acres of graded slopes and basins, is consistent with the proposed Terracina Specific Plan, and proposed General Plan Amendment. PLANNING COMMISSION RESOLUTION NO. 2015 -10 VTTM 36557 PAGE 3OF4 b. The land uses and densities associated with the Terracina Specific Plan provide a variety of lot and home size product type in order to implement the objectives of the City's General Plan and the project proponents. it also includes a land use change from the existing General Plan designations of Low Density Residential and Low - Medium Density Residential for the 159 -acre site. Using these designations, the City's General Plan allows a maximum of 824 dwelling units. The proposed project allows a maximum of 468 homes. 2. The effects this project is 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 Vested Tract Map is consistent with the proposed Terracina Specific Plan land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan. Vested Tentative Tract Map No. 36557 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." 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. 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. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council approve Vesting Tentative Tract No. 36557. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: Jahn ray, Chairman City o Lal a Elsinore Planning Commission PLANNING COMMISSION VTTM 36557 PAGE 4OF4 ATTEST: RESOLUTION NO. 2015 -10 Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -10 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE t Richard J. M cHott, LEED Green Associate Planning Manager RESOLUTION NO. 2015 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 36577 TO SUBDIVIDE 150.8 ACRES LOCATED ADJACENT TO LAKESHORE DRIVE, BETWEEN TERRA COTTA ROAD AND DRYDEN STREET, AND EXTENDING TO HOFF AVENUE, INTO SIX LOTS FOR FINANCE AND CONVEYANCE PURPOSES WHEREAS, Spectrum Communities filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 36577 (the "project ") to subdivide 150.8± acres of unimproved property located adjacent to Lakeshore Drive, between Terra Cotta Road and Dryden Street, and extending to Hoff Avenue (APN 378- 040 -004 through 007, 378 -040 -012, 389- 180 -001 and 002, and 389 -190 -002) into six lots for Finance and Conveyance Purposes; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to the subdivision of land; and WHEREAS, 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 October 16, 2014 and ending on November 17, 2014. WHEREAS, public notice of the tentative tract has been given and on December 2, 2014, January 6, 2015 and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. PLANNING COMMISSION RESOLUTION NO. 2015 - 11 TTM 36577 PAGE 2 OF 4 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed project pursuant to the California Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.), the Lake Elsinore General Plan and proposed General Plan Amendment, and the Lake Elsinore Municipal Code and finds and determines that the proposed Tentative Tract No. 36577 is consistent with the requirements of California Planning and Zoning Law and with the goals and policies of the Lake Elsinore General Plan and proposed General Plan Amendment, proposed Terracina Specific Plan and the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission has considered Mitigated Negative Declaration No. 2014 -02 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2014 -02 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2014 -02 provides the necessary environmental clearance for Tentative Tract No. 36577. SECTION 3. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Tentative Tract Map No. 36577 for Finance and Conveyance Purposes have been made as follows: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan and proposed General Plan Amendment, and with the proposed Terracina Specific 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 project is proposed to allow for financing and conveyance purposes only. No development will be permitted as a result of approval of this map. Any future development of the site must be preceded by the final approval process of a Tentative Tract Map for subdivision purposes. 2. Subject to the attached conditions of approval, the proposed project will not result in any significant environmental impact. No development will be permitted with the approval of Tentative Tract Map No. 3+6577. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the Planning PLANNING COMMISSION RESOLUTION NO. 2015 - 11 TTM 36577 PAGE 3OF4 Commission hereby recommends that the City Council approve Tentative Tract No. 36577. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: John ray,,,thairman City Lal<e Elsinore Plan ' g Commission ATTEST: Richard J. cHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2415 - 11 TTM 36577 PAGE 4OF4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -11 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. 10acHott, LEED Green Associate Planning Manager RESOLUTION NO. 2015 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ADDENDUM #1 TO ENVIRONMENTAL IMPACT REPORT NO. 2007 -01 FOR AMENDMENT NO. 1 TO THE SPYGLASS RANCH SPECIFIC PLAN NO. 2005 -02, TENTATIVE TRACT MAP NO. 35337, AMENDMENT NO. 1 AND TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 1 WHEREAS, Erik Lunde, Pacific Coves Investments, LLC, has filed applications with the City of Lake Elsinore requesting Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02 (SPA 2014 -01), Tentative Tract Map No. 35337, Amendment No. 1 and Tentative Parcel Map No. 35336, Amendment No. 1 ( "Project "). The Project site consists 259 -acres located on the east side of Camino Del Norte at its intersection with Main Street (Assessor Parcel Numbers 377 -250 -011, 377 -260 -004, 005 and 006, 377- 350 -004, 007, 008, 010, 014, 015, 016, and 017); 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, on February 26, 2008, the City Council approved and certified the Spyglass Ranch Specific Plan Environmental Impact Report (EIR) No. 2007 -01 (SCH No. 2006121069) which analyzed the environmental impacts associated with the development of the Spyglass Ranch Specific Plan, and Tentative Parcel Map No. 35336 and Tentative Tract Map No. 35337 were part of the whole action that was analyzed in the Spyglass Ranch Specific Plan EIR; and WHEREAS, a "Historical and Architectural Evaluation of the Delaney Ranch House Complex Located at 523 West Minthorn Street, City of Lake Elsinore, Riverside County, California ", dated June 2014 (the "Report") was prepared by John Minch and Associates to provide additional analysis regarding the Delaney Ranch Complex, also known as the "Tarzan House "; and WHEREAS, the Report was conducted in accordance with the California Environmental Quality Act (CEQA), and the Report found that because "none of the buildings or swimming pool are considered architecturally or historically significant at the federal and state levels, there will be no adverse impacts to historic resources "; therefore "no additional measures in conjunction with cultural resources are recommended for the Delaney Ranch House, Pool House, Pool or Lookout "; and PLANNING COMMISSION RESOLUTION NO. 2015 -12 PAGE 2 OF 5 WHEREAS, pursuant to CEQA Guidelines Section 15164, the Report provides some changes and additions to the certified EIR and therefore constitutes Addendum #1 to Environmental Impact Report No. 2007 -01; and WHEREAS, pursuant to 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 approval or denial of tentative maps; and WHEREAS, pursuant to LEMC Chapter 17.204 (SPD Specific Plan District) the Planning Commission has been delegated with the responsibility of making recommendations to the City Council pertaining to the approval or denial of the specific plans; and WHEREAS, on March 17, 2015, at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission, based upon a thorough review of the proposed Addendum #1 to Environmental Impact Report No. 2007 -01, the CEQA documents, and the evidence received to date, does determine as follows: In accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the proposed amendments to previously approved projects do not present substantial changes or reveal new information that would require Subsequent or Supplemental EIR analysis. However, some changes or additions to the information contained in the certified EIR is necessary in order to approve the proposed project. For this reason, pursuant to Section 15164 of the CEQA Guidelines, the attached Historical and Architectural Evaluation of the Delaney Ranch House Complex Located at 523 West Minthorn Street, City of Lake Elsinore, Riverside County, California, dated June 2014 and prepared by John Minch and Associates, constitutes Addendum # 1 to Environmental Impact Report No. 2007 -01. 2. That Addendum #1 was prepared in compliance with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. 3. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum #1, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental Environmental Impact Report have occurred; specifically: PLANNING COMMISSION RESOLUTION NO. 2015 -12 PAGE 3 OF 5 a. There have not been any substantial changes to the Spyglass Ranch Specific Plan, Tentative Parcel Map No. 35336 or Tentative Tract Map No. 35337 that require major revisions of the CEQA documents because of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; b. There have not been any substantial changes with respect to the circumstances under which the Proposed Project is undertaken that require major revisions of the CEQA documents due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and c. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time Environmental Impact Report No. 2007 -01 was adopted, that shows any of the following: (a) the project will have one or more significant effects not discussed in Environmental Impact Report No. 2007 -01; (b) significant effects previously examined will be substantially more severe than shown in Environmental Impact Report No. 2007 -01; (c) mitigation measures or alternatives which are considerably different from those analyzed in the Environmental Impact Report No. 2007 -01 would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed Addendum #1 to Environmental Impact Report No. 2007 -01. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby finds that Addendum #1 to Environmental Impact Report No. 2007 -01 for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA; and recommends to the City Council that it make the same finding. The Planning Commission has reviewed and considered the information contained in the Environmental Impact Report No. 2007 -01 and Addendum #1 and finds that the Environmental Impact Report No. 2007 -01 and Addendum #1 represents the independent judgment of the City. SECTION 4. Based upon the evidence presented and the above findings, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt Addendum #1 to Environmental Impact Report No. 2007 -01 for Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02 (SPA 2014 -01), Tentative Tract Map No. 35337, Amendment No. 1 and Tentative Parcel Map No. 35336, Amendment No. 1. PLANNING COMMISSION RESOLUTION NO. 2015 -12 PAGE 4 OF 5 SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: Joh Gra , Chair an City of_L ke Elsinore PI n ng Commission ATTEST: Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015 -12 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -12 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. acHott, LEED Green Associate Planning Manager CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN GENERAL The proposed protect (Tentative Tract Map No. 35337 ) pproposes the subdivision of 258.83 gross acres (APN 377 -250 -011 377 - 260 -004 005 and 006, 377-350 - 004, 007, 008, 010 014 015 016 and 017) into four - hundred fifty -one 451 single - family residential lots eight (8) estate residential lots two (2) courtyard home lots, one (1) multi - family residential or commercial lot, one (1.) park lot and twenty -three (23) open space lots The proposed project is located northeast of Interstate 15 at Main Street on the east side of Camino Del Norte; within the Spyglass Specific Plan. 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 CitV, its advisor agencies, appeal boards, or legislative body concerning the Tentative Tract No. 36567. 3. Within 30 days of ro'ect approval, the applicant shall sin 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 50.00 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 ro'ect's approval. 5. These conditions of approval replace and supersede the conditions of approval for the Tentative Tract Map No 35337 that were originally approved by the City Council on July 27 2010. PLANNING DIVISION 6. Tentative Tract Map No. 35337 will expire two (2) years from the original July 27 2010 City Council date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of Lake Elsinore City Council in accordance with the Additional extension of time (36 months maximum granted with City Council approval. of time is granted by the City Subdivision Map Act (SMA). time per the SMA) may be Planning Commission Approved Page 1 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 7. Tentative Tract Map No. 35337 shall comply with the State of California Subdivision Map Act and the Spyglass Ranch Specific Plan. In addition, the map shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. • a r■ w +� . w - S " • a •.• 0 + • r r• +w - . ■ u • 1 . r + ♦♦ r � ■ •w a w - - r + a a r■ w +� . w - S " • a •.• 0 + • r r• +w - 10. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. 11. This project and all subsequent projects within the Spyglass Ranch Specific Plan boundary shall comply with the mitigation measures and the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Environmental Impact Report No. 2008 -07 for Spyglass Ranch Specific Plan, unless superseded by these Conditions. 12. The applicant shall fund the implementation of the 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. .. r - a 1 I 912M 61 2 r w+ w 1! Planning Commission Approved Page 2 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 35337, The Spyglass Ranch Specific Plan document shall be revised to incorporate any corrections and changes required bV the Planning Commission and/or City Council as set forth in the Conditions of Approval for Amendment No. 1 to the Spyglass Ranch Specific Plan. A complete Final Spyglass Ranch Specific Plan document, which includes the entire specific plan, shall be submitted for review and approval by the Community Development Director or designee within 45 days of approval by the City Council. No permit shall be issued until the Spyglass Specific Plan document and any required revisions are administratively approved bV the Community Development Director or designee. Air Quality 14. The following measures are required to reduce project impacts relating to ROG, NOX, PM10 and PM2.5: Limit the simultaneous disturbance area to as small an area as practical. • Terminate soil disturbance when winds exceed 25 mph. • Stabilize previously disturbed areas if subsequent construction is delayed. • Water exposed surfaces and unpaved haul routes at least three times daily. • Cover all stockpiles with tarps when left unattended for more than 72 hours. • Reduce speed on unpaved roads and haul routes to less than 15 mph. • Require 90 -day low NOX tune -ups for off -road equipment. • Limit allowable idling to 5 minutes for trucks and heavy equipment. • Require use of Tier 3 -rated engines for scrapers and dozers used in grading. • Require installation of soot filters on all diesel equipment > 100 horsepower. Planning Commission Approved Page 3 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Encourage car pooling for construction workers. • Limit lane closures to off -peak travel periods. Park construction vehicles off traveled roadways. * Wet down or cover dirt hauled off - site.. • Wash or sweep access points daily. • Encourage receipt of construction materials during non -peak traffic hours. • Sandbag construction sites for erosion control. (MM) 15. As operation - related impacts result primarily from mobile sources traveling to and from the project site, the proposed project shall incorporate any available TCM's. Such measures include, but are not limited to: Providing future transit access points within the development; * Including bicycle lanes in the project design; and /or • Providing an attractive pedestrian environment. (MM) 15. This map must comply with the Development Standards and Design Guidelines approved with the Spyglass Ranch Specific Plan. Construction of the property is subject to all the Conditions of Approval of the Specific Plan unless superseded by these conditions. a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the Specific Plan, and shall be in substantial conformance with the approved Tentative Tract Map. b. Where the Specific Plan is silent, Title 16 and 17 of the Lake Elsinore Municipal Code shall apply. Planning Commission Approved Page 4 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 18. The Developer shall disclose to all home buyers within a 300 -foot radius of the boundaries of the proposed parr site (Lot 468) that specific recreational facilities within the park may include the installation and operation of illumination devices. 19. Landscaping improvements shall be designed for and installed along private Street "JJ" in accordance with Spyglass Ranch Specific Plan Landscape Design Guidelines, Section 3. Said landscaping shall be maintained by the Homeowners Association (HOA) associated with Street "JI1. 20. Trail directional signage shall be installed at both ends of private Street "JX to assist trail users. Sign fabrication, installation and maintenance shall be undertaken by the Homeowners Association. The specific design and locations for the signage shall be reviewed and approved by the Director of Community Development. Prior to Recordation of Final Tract Map: 21. The applicant shall comply with the attached Riverside County Fire Department conditions of approval. 22. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 23. The applicant shall submit signed letters of authorization from affected abutting property owners in association with the proposed offsite street connections and improvements and offsite grading. 24. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 25. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 26. The applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and the City Attorney's Planning Commission Approved Page 5 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN office, and shall be recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC &Rs). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or coordinate with an appropriate agency approved by the Community Development Director, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regard to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service. b. CC &Rs shall prohibit on- street storage of boats, motor homes, trailers, and trucks over one -ton capacity. c. CC &Rs shall prohibit roof - mounted or front -yard microwave satellite antennas. d. CC &Rs shall provide for maintenance of all slopes within the project boundaries to be maintained, repaired, and otherwise cared for by the HOA. e. CC &Rs shall provide for City review and approval of any annexation or deannexation of territory into or out of the HOA. f. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA. g. The City shall be made an express third party beneficiary to the CC &Rs such that the City has the right, but not the obligation, to enforce the CC &Rs in the event that the HOA fails to do so. h. CC &R's shall provide for the long term maintenance of private street "JX and associated streetscape landscaping. 27. All open space lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. Planning Commission Approved Page 6 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 28. The Final Map shall identify all street side yards and down slopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These areas shall be fully landscaped, irrigated and maintained by the HOA. 29. All trails shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 30. Offsite trail connection points shall be established at such time that offsite street or trail improvements are constructed. The trail connection points shall remain open and passable for the public and shall be so noted on the Final Map. Prior to Issuance of Grading and Building Permits: Air Quality 31. Upgraded filters on the ventilation system shall be installed for homes within 500 feet of the nearest 1 -15 travel lane. (MM) Hazards & Hazardous Materials 32. Prior to issuance of the site grading permit, the applicant or developer shall finance the installation of up to eleven multi -level landfill gas detection probes at intervals of 100 feet, along the northerly and northwesterly edge of the landfill property to comply with CCR Title 27 and SCAQMD Rule 1150.1. The applicant or developer shall coordinate with Riverside County Waste Management Department (RCWMD), regarding the exact location of these landfill gas detection probes. RCWMD shall be responsible for building the probes and for conducting periodic monitoring and maintenance of the permanently installed monitoring probes. (MM) 33. All debris shall be disposed of off -site, in accordance with current local, state and federal disposal regulations. When debris is removed, care shall be taken to look for potential hidden hazardous materials within the piles. Should hazardous materials be identified, disposal shall be in accordance with all federal and state regulations. (MM) 34. Prior to any demolition, renovation or any other activity that may disturb suspect regulated asbestos containing materials, either an inspection shall be performed Planning Commission Approved Page 7 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN by an accredited Building Inspector, or the affected materials shall be handled as asbestos- containing in accordance with all federal and state requirements. If future sampling identifies any such materials as asbestos containing materials they shall be properly abated and disposed of by a state - licensed abatement contractor prior to disturbance or demolition in accordance with all federal and state requirements, including the California Code of Regulation (CCR) and the Universal Waste Rule (40 CFR Part 9). (MM) 35. Prior to any activity that may cause lead exposure either to workers or tenants; lead based paint sampling shall be performed in accordance with all federal and state requirements. Should future renovation, repair or demolition disturb and suspect paint, a lead based paint inspection and/or risk assessment shall be conducted by a state or federally certified lead based paint inspector /assessor to identify areas of potential tenant or worker exposure in accordance with all federal and state requirements. Should any lead based paint be identified, such painted surfaces shall be properly disposed of as appropriate prior to demolition, following the requirements included in the CCR and the Universal Waste Rule. (MM) Noise Impacts 36. Single - family residential units abutting Elsinore Hills Drive (Planning Areas 4 -6, 9, 11 and 12) shall either establish a buffer (be sited outside of the 98 foot contour), an acoustical barrier (wall or berm of 6 feet in height), or a combination thereof to meet the City Noise Element 65 dBA Ldn exterior noise level threshold for residential units. The acoustic barrier /earthen berm should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM). 37. Residential units in Planning Area 1 adjacent to 1 -15 and Camino Del Norte shall require a 12 -foot acoustic barrier /earthen berm to meet the 65 dBA Ldn exterior noise threshold. Along the westernmost perimeter of Planning Area 1, the acoustic barrier /earthen berm shall be designed to taper, from 12 -feet to 8 -feet, to shield residential units with a direct line -of -sight to 1 -15. At the southeast corner of Planning Area 1, the acoustic barrier /earthen berm shall also be designed to taper from 12 -feet to 6 -feet, to shield those residential units nearest Camino Del Norte from traffic noise. The acoustic barriers /earthen berms should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM) Planning Commission Approved Page 8 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 38. Residential units in Planning Area 5 and 6 adjacent to 1 -15 and Camino Del Norte shall require a 10 -foot acoustic barrier /earthen berm to meet the 65 dBA Ldn exterior noise threshold. Along the easternmost perimeter of Planning Area 6, the acoustic barrier /earthen berm shall be designed to taper, from 10 -feet to 6 -feet, to shield residential units with a direct line -of -sight to 1 -15. The acoustic barriers /earthen berms should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM) 39. Upon completion of final grading plans, a supplemental noise assessment shall be conducted to determine if the noise attenuation methods listed in Condition of Approval Nos. 30, 31, 32 & 35 remain necessary or if other methods or design measures can be utilized based on actual grade elevations. 40. Upon completion of final grading plans, a supplemental noise assessment shall be conducted to confirm that individual or combination of barriers and setbacks have reduced exterior noise to below 65 dBA and interior noise to below 45 dBA. (MM) 41. Residential units abutting Elsinore Hills Drive (Planning Areas 4 -5, 9, 11 and 12) shall require upgraded acoustic features capable of providing up to 23 dBA Ldn of mitigation for second -story residential facades with a direct line -of -sight to Elsinore Hills Drive. According to the hierarchy of structural noise mitigation listed below, these units would require standard dual -paned windows in order to meet the City's interior noise standard. (MM) Exterior to Interior Mitigation Measure(s) Needed Reduction Desired 0 -10 dBA None 10 -20 dBA Close windows facing roadway. Provide supplemental ventilation. 20 -25 dBA Close standard dual- paned windows. Provide supplemental ventilation. 25 -30 dBA Close up- graded dual -paned windows. Baffle vents and line ducts with absorbers. Provide supplemental ventilation. >30 dBA Custom upgrades (dual layer drywall, triple -paned windows, steel doors, etc. Planning Commission Approved Page 9 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 42. Residential units in Planning Area 1 adjacent to 1 -15 and Camino Del Norte shall require custom acoustic upgrades capable of providing up to 34 dBA Ldn of mitigation to meet the City's interior residential noise threshold of 45 dBA Ldn. (MM) 43. Residential units in Planning Area 6 adjacent to 1 -15 and Camino Del Torte shall also require custom acoustic upgrades capable of providing up the 32 dBA Ldn of mitigation to meet the City's interior residential noise threshold of 45 dBA Ldn. (MM) 44. A supplemental acoustic analysis shall be submitted in conjunction with the issuance of building permits for residential units adjacent to both Elsinore Hills Drive and Camino Del Norte to verify that adequate noise protection exists in perimeter residences to meet the City's interior residential noise threshold of 45 dBA Ldn. Since the exterior tier of development will assist in shielding interior units, the above acoustic upgrades are needed only on the outermost tier or development. (MM) 45. Supplemental ventilation, in conjunction with air conditioning, shall be required in any livable space where window closure to shut out roadway noise is needed to meet interior noise standards. (MM) 46. Should Planning Area 5 and 6 be developed as commercial land uses, residential units abutting Elsinore Hills Drive shall be sited outside of the 118 foot contour. (MM) 47, Upon submittal of final engineering design of the commercial uses, the project shall incorporate all mitigation measures to minimize hours of operation and reduce exterior noise levels resulting from potential noise source location, such as loading docks, speakerphones, music/live entertainment, to 65 dBA Ldn from 7 a.m. to 10 p.m. These measures shall be implemented to the satisfaction of the City Engineer. (MM) Transportation and Traffic 48. On -site traffic signing /striping shall be implemented in conjunction with detailed construction plans for the project site. (MM) 49. In addition to participating in the Western Riverside TUMF program for General Planning Commission Approved Page 10 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Plan improvements, the project shall participate in the phased construction of off- site intersection improvements through payment of established City of Lake Elsinore fees, payment of the project's fair share traffic contribution, assessment district and/or community facilities district financing, and construction of off -site facilities under appropriate fee credit agreements. (MM) 50. Prior to the issuance of a grading permit, the project applicant shall participate in the fair share traffic contribution of the Project Study Report (PSR) for the I- 15 /Main Street interchange. (MM) 51. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7;00 a.m. and shall cease at 5 :00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 52. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval immediately previous, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and related Condition of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 53. The applicant shall install a weatherproofed 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. Biological Resources 54. Prior to the issuance of a grading permit, the project applicant shall submit a Re- vegetation Plan for creation of 0.51 acre of riparian or marsh habitat. The Re- vegetation Plan shall include but not be limited to the following to ensure the establishment of the vegetation: qualitative and quantitative performance standards, map showing the re- vegetation areas, site preparation information including grading requirements type of planting materials (e.g. species ratios, source, size material, etc.), planting program, success criteria including target functions and values, and detailed cost estimate. The cost estimate shall include Planning Commission Approved Page 11 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN all phases, including but not limited to, planting, plant materials, irrigation, maintenance, monitoring and report preparation. The report shall be prepared by a qualified restoration ecologist /biologist and subject to the approval of the Community Development Director. (MM) 55. The re- vegetation shall occur on property known as the "Cloverleaf" in the southern end of Lake Elsinore or other offsite mitigation parcels acceptable to the City. If the mitigation at the Cloverleaf property is not available, 0.51 acre of mitigation shall be provided at an alternative site or mitigation bank (the mitigation bank must have creation credits available), shall be approved by the Community Development Director, and must meet the following criteria: • The site shall be part of a larger block of conserved habitat, or in an area that is targeted for conservation by the MSHCP. Specific locations could include Temescal Wash, proposed Core 1 and Core C of the MSHCP, or other appropriate sites surrounding Lake Elsinore. Hydrology shall be appropriate to allow for fully functional wetland habitat for habitat restoration. • For areas adjacent to Lake Elsinore, the pre - mitigation elevations shall be above 1,260 feet above mean sea level (AMSL) for areas outside of the Back Basin levee, or above 1,246 feet AMSL within the Back Basin levee to insure that the mitigation site is not considered jurisdictional habitat prior to implementation of the mitigation program. (MM) 56. Habitat created pursuant to the Re- vegetation Plan shall be placed within an open space easement dedicated to the City or transferred to the RCA subject to a Donation Agreement prior to or immediately following the approval of the Re- vegetation Plan. (MM) 57. The applicant shall enter in a Secured Agreement with the City of Lake Elsinore Planning Division consisting of a letter of credit, bond, or cash for implementation of the Re- vegetation Plan. (MM) 58. Prior to issuance of a grading permit and prior to approval of the Final Map (or Parcel Map) the applicant shall provide the Community Development Director with a copy of a Clean Water Act Section 404 permit issued by the U.S. Army Corps of Engineers and a copy of a Streambed Alteration Agreement issued by Planning Commission Approved Page 12 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN the California Department of Fish and Game (or evidence that no permit or agreement is required) for all project- related disturbances of any streambed. (MM) 59. Due to the presence of suitable habitat onsite for the western burrowing owl, a qualified biologist shall conduct pre - construction focused species surveys within 30 -days prior to any ground disturbing activities at the project site where suitable habitat is present. If burrowing owls are determined to occupy the project site during pre - construction surveys, CDFG shall be consulted and a passive relocation program shall be undertaken to relocate owls to an area outside the impact zone. The relocation shall be conducted following accepted protocols and would occur outside of the breeding season for the burrowing owl. Existing burrows shall be destroyed once they are vacated. (MM) 60. To avoid impacts to nesting migratory birds, including raptors, the removal of potential nesting vegetation (i.e. trees, shrubs, ground cover, etc.) should be avoided during the nesting season, recognized from February 15 through August 31. If vegetation removal must occur during the nesting season, a qualified biologist shall conduct a migratory nesting bird survey to ensure that vegetation removal would not impact any active nests. Surveys must be conducted on more than three days prior to vegetation removal. If active nests are identified during nesting bird surveys, then the vegetation used for nesting shall be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist shall flag the occupied vegetation and should establish an adequate buffer (e.g., construction fencing) around the occupied vegetation. The size of the buffer would be based on the type of bird nesting (i.e., raptors shall be afforded larger buffers). Clearing /grading shall not occur within the buffer until the nesting event has completed. (MM) 61. The project shall pay appropriate MSHCP fees for impacts to the following animal and plant species covered by the MSHCP- coastal California gnatcatcher, Southern California rufous - crowned sparrow, Belding's orange - throated whiptail, red- diamond rattlesnake, San Diego black - tailed jackrabbit, long - spined spineflower and Payson's jewel flower. (MM) 62. To reduce impacts to the Stephen's kangaroo rat, the project shall pay Riverside County SKR Habitat Conservation Plan Fees of $500 per acre to reduce impacts. (MINI) P4anning Commission Approved Page 13 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Cultural Resources 63. Prior to issuance of grading permit(s) for the project, the applicant shall retain an archaeological monitor to monitor all ground - disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. (MM) 64. At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and 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 Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. (MM) 65. Prior to issuance of any grading permit, the project archeologist shall file a pre - grading report with the City and County (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in Condition of Approval No. 58 above, the archeological monitor's authority to stop and redirect grading will be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archeologist. (MM) 66. 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 Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Planning Commission Approved Page 14 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Heritage Commission shall identify the "most likely descendant." The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. (MM) 67. The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. (MM) 68. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM) 69. If inadvertent discoveries of subsurface archaeological /cultural resources are discovered during grading, the Developer, the project archaeologist, and the appropriate Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Developer and the Tribe cannot agree on the significance 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 appropriate Tribe. Notwithstanding any other rights available under the law, the decision of the CDD shall be appealable to the City of Lake Elsinore. (MM) 70. Prior to any grading at or near the vicinity of (P -33 -3278 also known as SRS -781- 2), the Developer shall meet and confer with the appropriate Tribe to develop an appropriate controlled grading plan. The purpose of the controlled grading at and around the site is to afford the opportunity to determine whether any subsurface resources are associated with the site and if so, the significance of any such resources. All such controlled grading shall be monitored according to the provisions of the Agreement required in MM 4.4 -2 shall apply. Further, if subsurface resources are discovered at the site, the provisions of MM 4.4 -2 through 4.4 -7 shall apply. (MM) 71. Any easements for grading provided to off -site developers shall be subject to the provisions of MM 4.4 -2 through 4.4 -8. (MM) 72. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer Planning Commission Approved Page 15 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 73. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). 74. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 75. The developer shall submit plans to the electric utility company to layout the street lighting system. Decorative street light fixtures shall be utilized throughout the Specific Plan boundary as specified by the Specific Plan document. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 76. The applicant shall meet all requirements of the providing electric utility company. 77. The applicant shall meet all requirements of the providing gas utility company. 78. The applicant shall meet all requirements of the providing telephone utility company. 79, A bond is required guaranteeing the removal of all trailers used during construction. 89. The applicant shall comply with any /all requirements of the California Department of Transportation (Caltrans). 81. All signage shall be subject to Planning Division review and approval prior to installation. Planning Commission Approved Page 16 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 82. Landscape Plans for the tract shall include vegetative screening of all retention basins and both sides of service roads and drainage easements. 83. All streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase 1 of project development as identified on the approved landscape plans. 84. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 85. The project shall provide primary and secondary access through all phases of development. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department. Prior to Design Review. 86. All future structural development associated with this map requires separate Design Review approval. PT - _ me. wolby'- r w • ■ r Planning Commission Approved Page 17 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 90. Elevation drawings for Design Review shall include four -sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case -by -case basis, this condition may be waived. 91. Architectural designs shall include the mitigation measures that reduce noise with mechanical ventilation and dual glazed windows as required by the MMRP. 92. All disturbed portions of natural open space areas shall be re- vegetated in accordance with applicable Specific Plan provisions and shall be maintained until established. 93. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 94. Down slopes adjacent to streets shall be maintained by the HOA. 95. A detailed fencing plan shall be required for review and approval during the Design Review process. 96. The applicant shall install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines for the Spyglass Ranch Specific Plan. 97. Where perimeter walls separate the project from existing residences, the walls shall be installed prior to the commencement of construction of models and production units, to minimize construction noise and dust impacts to adjacent residents as much as possible. 98. Where views to open space are important, the applicant shall provide the appropriate view fencing. Planning Commission Approved Page 18 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 99. Plans shall include the design of noise barrier walls required as mitigation measures for the project. Appropriate landscaping shall be required to soften the visual impact of these walls. 100. A detailed construction phasing plan shall be submitted for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. 101. Primary and secondary access roads for each phase shall be fully constructed and open to the public prior to the issuance of the Certificates of Occupancy for each phase of the tract. ENGINEERING DIVISION Prior to the approval of the final Tract Map, unless other arrangement is indicated, the applicant shall complete the following or have plans submitted and approved, agreements executed and securities posted: 102. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 103. Prior to commencement of grading operations, applicant 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 plan shall be included as a separate sheet of the grading Planning Commission Approved Page 19 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN plan set. Haul route shall be submitted and approved prior to issuance of a grading permit. 144. Export sites within the Lake Elsinore City limits are required to have a City approved grading plan and permit prior to receiving material. 105. An Encroachment Permit shall be obtained prior to any work on City and/or State right -of -way. 106. 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. 107. 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. 108. 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 Wafter District. 109. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 110. The applicant shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 111. The applicant shall execute all permit agreements, post required permit security and pay all development fees, including but not all inclusive: TUMF, MSHCP,TIF, K -Rat and Area Drainage Fees. 112. 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. 113. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 114. All compaction reports, grade certifications, monument certifications (with tie Planning Commission Approved Page 20 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 115. All slopes and landscaping within public right -of -way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. 116. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner or property owner's association. 117. Provide Engineering Division with a recorded copy of the Covenants, Conditions and Restrictions (CC &R`s) and/or other documentation in confirmation of Condition of Approval Nos. log, 110 & 112). 118. Applicant shall develop and activate a Home Owner's Association over the estate lots to provide for the maintenance of the private street /sidewalk on Street "JJ" 119. All lots within the estate lots area shall take access from Street "JJ ". 120. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 121. 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. 122. 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 Planning Commission Approved Page 21 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN off -site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 123. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 124. The applicant shall comply with all NPDES requirements in effect; including the submittal for plan check of a preliminary 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. 125. 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.) 126. The applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more.) 127. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways - without Regional Water Quality Control Board permit or waver — is strictly prohibited by local ordinances and state and federal law. 128. The applicant shall construct full - street improvements from the Main Street /Camino Del Norte intersection to the Camino Del Norte /Elsinore Hills Road intersection, half -width improvements from the Main Street /Camino Del Norte intersection to the northern boundary of the property and dedicate full right- Planning Commission Approved Page 22 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT !MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN of -way on Camino Del Norte such that the ultimate right -of -way width conforms to General Plan and Spyglass Specific Plan right -of -way cross sections. Concerning the full- street improvements on Camino Del Norte from the Main Street /Camino Del Norte intersection to the Camino Del Norte /Elsinore Hills Road intersection, the City shall impose upon the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvement costs if applicant constructs the full street improvements. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 142. If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte, and the applicant shall provide to the City proof of reimbursement to the constructing party for the applicant's fair share of the costs to construct the full street improvements prior to issuance of a grading permit. The cross section of roadway improvements with a raised median (if applicable and if applicable, applicant shall pay cash -in -lieu of construction of 1/2 the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer. 129. The applicant shall construct half -width street improvements within the map boundaries and dedicate the full right -of -way on Elsinore Hills Road per General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. The cross section of roadway improvements with a parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as required by the General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. 130. Provide Pedestrian activated (push button) flashing beacons in advance of the trail crossing on Elsinore Hills Road. 131. All trail crossings shall be marked with a standard cross walk striping as defined in the MUTCD. 132. The applicant shall construct full width street improvements and dedicate the Planning Commission Approved Page 23 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN right of way on "A" to "D" Streets, "AA" to "HH" Streets as shown on the map and/or per design guidelines in the Specific Plan. 133. The applicant shall be responsible for acquiring right -of -ways in which the applicant or the City has no legal title or interest. If the applicant is unsuccessful in acquiring such right -of -ways, the City could assist the applicant in the Eminent Domain process at applicant's cost. 134. All streets shall be constructed per adopted City Standards. Any deviation from City standards shall be approved by the City Engineer. 135. The applicant shall implement mitigation measures identified in the Traffic .Analysis dated August 18, 2009, as specified in Section VIII. B (1) and (2) and Figure 84 of this Study to the satisfaction of the City Engineer. 136. The applicant shall provide fair share costs, as approved by the City Engineer, if the ultimate road improvements are not subject to TUMF or established City of Lake Elsinore fees for the ultimate road improvements as follows: a. Main Street/115 Ultimate Interchange Upgrade and Project Study Report, Camino Del Norte(offsite) to La Strada and, Franklin Street to Main Street connection. 137. The applicant shall construct the traffic signals at Main /1 -15 SB and NB on /off ramps. The City shall provide TIF or TUMF credit to the applicant. If TIF or TUMF credits are not sufficient to insure that applicant's cost of construction of these signals do not exceed applicant's payment of TIF or TUMF for these signals, the City shall enter into a reimbursement agreement with applicant to reimburse applicant for the difference between applicant's cost to construct the signals minus the issued TIF and TUMF credit and the amount of TIF or TUMF payment the applicant otherwise would be obligated to pay. 138. The applicant shall install a one -way stop sign on Street "B" at the Camino Del Norte /Street- "B" intersection (as shown on TTM 35337). However, if the criteria for traffic signal warrants are satisfied prior to the issuance of the final certificate of occupancy for the project, the applicant shall immediately remove the stop sign and install a traffic signal at this intersection. Otherwise, the traffic signal shall be installed and operational prior to the issuance of the final occupancy. Planning Commission Approved Page 24 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 139. The applicant shall participate in "fair share" payment of offsite improvements if the off site improvements are not subject to TUMF or established City of Lake Elsinore fees, specified in Table 10 of the Traffic Analysis dated August 18, 2009 (revised) as specified in Section VIII. B (1) and (2) and figure 84 in this study to the satisfaction of the City Engineer. 140. The applicant shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 141. The applicant shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures on local streets. 142. 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 fee credits, or reimbursement, if fee credits are insufficient, shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 143. This project shall provide trail and 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. 144. The development of Planning Area 1, 5, 6, 10, and 12 or shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115/Main Street Interchange Upgrade, additional right way could be required along Camino Del Norte. 145. The applicant shall submit a WQMP of the project for City's review and approval. 146. The Parcel Map (TPM 35336) shall be recorded. 147. The Tract Map shall include the phasing boundaries consistent with the parcels of the Parcel Map. The phasing boundaries or parcels shall be processed as separate tract maps. Prior to Issuance of a Grading Permit Planning Commission Approved Page 25 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 148. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 149. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 150. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 151. An Alquist- Priolo study shall be performed as necessary on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 152. The applicant shall obtain all necessary off -site easements and /or permits for off - site grading, improvements, and /or drainage acceptance from the adjacent property owners prior to grading permit issuance 153. The applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and /or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 154. All grading shall be done under the supervision of a geotechnical engineer and he /she shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 155. The applicant shall provide erosion control measures as part of their grading plan. The applicant shall ensure protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 156. The applicant shall provide the city with a copy of the waste water discharge identification (WDID) letter as proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. Planning Commission Approved Page 26 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 157. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 158. The applicant shall provide for City plan check approval a haul route plan as part of the grading plan set. In addition, a focused Traffic Mitigation /Management Plan related to construction activities shall be provided. 159. The applicant shall provide the City a copy of the Southern California Edison Letter of Non - interference (SCE NIL) prior to grading permit issuance. r Prior to Issuance of Building Permit 160, All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 161. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the Traffic Impact Analysis dated August 18, 2009, as specified in Section VIII.B (1) and (2) and figure 84 in this study. 161a Prior to the issuance of the first building permit in the project, the applicant shall prepare an irrevocable reciprocal access agreement assuring permanent access to "JX Street for Lots 436 through 442 in a form approved by the City Attorney and recorded in the official land records of Riverside County. (Added by the Planning Commission at its March 17, 2015 hearing.) 162. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 163. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Planning Commission Approved Page 27 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Prior to Occupancy 164. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and/or off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 165. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 166. The traffic signals shall be installed per the Traffic Analysis (revised) dated August 18, 2009 to the satisfaction of the City Engineer. 167. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 168. 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. 169. The fair share cost of future improvements as a condition of this development shall be paid to include the construction of the traffic signal at the intersection of Elsinore Hills Drive and Camino Del Norte. 170. All water and sewer improvements shall be completed in accordance with Water District requirements. 171. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided in the form of the recorded CR &Rs and /or other City acceptable recorded documentation. 172. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 173. As -built plans shall be completed and signed by the City Engineer. 174. All improvement plans shall be digitized. The applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $1,000 Planning Commission Approved Page 28 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN per sheet for City digitizing the plans. 175. The WQMP "Water Quality Management Plan Covenant and Agreement" or other City acceptable documentation shall be executed and recorded DEPARTMENT OF ADMINISTRATIVE SERVICES r r ■� • 1l r - 11 - �- •r w•- w r - ■ • - M=WU r r - - r - Y J • r r •r. • - r ■ .. r - - •rr ■ r 1 r r r . w ■ I r • r - - ■ a r - - - • r - - a 176. Prior to approval of the Final Map Parcel Map Site Development Plan or S ecial Use Permit as applicable), the applicant shall consent to the formation of a CommunitV 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 financinq 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. 177. Prior to approval of the Final Map, Parcel Map Site Development Plan Special Use Permit or building permit as applicable), the applicant may form Communit Facilities District to allow for the funding of i public facilities and (ii) 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 includin arkwa s open space and public storm drains constructed within the development and federal NPDES requirements (`Maintenance Services ")__to offset the annual negative fiscal impacts of the project. Alternatively, if a CFD is not formed pursuant to the preceding sentence applicant shall: ( a) form a CFD solely for Maintenance Services or annex into an Planning Commission Approved Page 29 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN existing CFD for such services (e.g._ Community Facilities District No. 2015 -2 (Maintenance Services), or (b) the applicant may propose alternative financing _mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. 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. Contact the Administrative Services Director at 951 -674 -3124. - PARKS ,—% R- EGIRCATION DEPARTMENT COMMUNITY SERVICES DEPARTMENT 178. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 179. The Home Owners Association (HOA) or another maintenance entity approved by the City rail shall maintain all trails. 180. The 6.5 acre public park (Lot 468) shall be eeRveYed to the City and shall hc, included in the Community Facility District for maintenance and renovation cost. ■ 1 a b A A! V LOWTINA ■ 182. The following items shall be provided in the Park located on PA 7, PA 13, and PA 4_(also known as Lot 468): One (1) ball fields with backstops Two (2)bleachers Restroom (approximately 300 so. ft.) On -site parking providing 25 to 30 spaces Three small group picnic areas with two tables and benches with gazebo Three 3 barbe ues Three (3) hot ash containers Eight (8) waste containers Two (2) drinking fountains Two (2) half -court basketball courts Eight (8) benches Planning Commission Approved Page 30 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN One (1) 2 to 5 year and one (1) 5 to 12 year playground with shade over the entire plaV area Perimeter walking trail with minimum 6 exercise stations Park Monument entry sign per City identity Standard Guide Parking lot and walkway security lighting Lockable entry gates into parking lot 183. The design of the public park (Lot 468) shall provide pedestrian circulation and . shall be in compliance with American with Disabilities Act (ADA) re uirements. 184. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided. 185. Construction plans and specifications for the park shall be reviewed and approved by the Director of Community Services prior to approval of the final map. 186. The developer shall post security and enter into a park improvement agreement to improve the public park prior to issuance of the first building permit. 187. Construction of the park shall commence pursuant to a pre - construction meetinq with the developer, the developer's construction contractor_ and City representatives. Failure to comply with the City's review and inspection process my preclude acceptance of the park by the Cit . 188. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the public park site (Lot 468) and slepeil areas including the 90 -daV maintenance period, until such time as those responsibilities are accepted by the City of Lake Elsinore. 189. The 6.5 acre public park site (Lot 468) shall be improved and �'aeaicea then conveyed to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall be provided with the conveyance of the property. 190. All private parks 1 tot lots, common areas, and open space areas will be Planning Commission Approved Page 31 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN maintained by the HOA or other maintenance entity approved by the City. 191. No park credits will be given for private facilities or private park areas. 192. Applicant shall dedicate 6.5 net acres for a public park and pay for park improvements. 193. Park shall be turn -key completed to the satisfaction of the CommunitV Services Director and ssnstFUcted rip 'or to the issuance of the 100th nelige A aGGHPaRG 125th building permit. w • •w .eM (All Conditions of Approval amended by Staff prior to March 17, 2015 Planning Commission hearing regarding Amendment No. 1 to Tentative Tract Map No. 35337; with strikethrough text being deleted and underlined text being added.) Planning Commission Approved Page 32 of 35 City Council March 17, 2015 April 14, 2015 PROUDLY SERVING THE UNINCORPORATED AREAS OF RIVERSIDE COUNTY AND THE CITFESOF: BANNING. BEAUMONT CAUMESA CANYON LAKF„ COACHELLA DESERT HOT SPRINGS FN01AN WELLS INDIO LAKE ELSINORE LA QUINTA MENIFEE MORENO VAI.I -EY PALM DF.sFnT PE13RIS RANCHO MIRAGE . RU81DOux CSD SAN JAC1NTO 'I "EMECAII.,A VVILOOMAR BOARD OF SIJPERVISORS: H'O® BUS -TER DISTRICT 1 -101 W TAVAGI..IONE DISrRIcT 2 JEFF STONE DISTRICT 3 JOHN BENOIT DISTRICT 4 MARION ASFREY L?fETRICT 5 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN RIVERSIDE COUNTY FIRE DEPARTMENT In cooperation with the California Department of Forestry And Fire Protection 2300 Market St, Ste 150, o Riverside, CA 92501 • (951) 955°4777 a Fax (951) 955 -4886 CONDITIONS OF APPROVAL- PARCEL & TRACT MAPS PERMIT DUMBER: 10-LE- TR35337 REVIEWED $Y: AFM DANIEL WAGNER ON July 14, 2010 SPYGLASS RANCID SPECIFIC PLAN MAP APPLICANT- MATT HARRIS, SR. PLANNER, 130 S. MAIN ST, LA€CF ELSINORE, CA 92562 951 674 -3124 X 279 FAX 951471-1419 EMAIL: mharrisfrDlake- elsinore,oro 10. GENERAL CONDITIONS 10.FfRE.999PC - 1101 — West Fire Protection Planning Office Responsibility IN EFFECT It €s 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. Additional Information is available a[ our webs €te: w,vw_nrcfrr_ e.or4 go to the fink marked "Ordinance 787 "., Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market St. Suite 150, Riverside, Ca 92501. Phone: (951) 9554777, Fax: (951) 955 -4886. 10.FIRE,999 CASE —CITY WE STATEMENT IN EFFECT With respect to the conditions otappmval for the referenced project, the Fire Department recommends the following fire protection measures be provided In accordance with Riverside County Ordinances and /or recognized fire protection standards: 10.FIRE,999 MAP #50 -BLUE DOT REFLECTORS IN EFFECT Blue retra reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 10.FIRE.999. MAP`- #1'B-HYORANTISPACING IN EFFECT Schedule AI fire protection approved standard fife hydrants, (Wx 4 "x 2 % ") locale one at each street intersection and space no more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from hydrant: Minimum fire ffow shall be 1000GPM for 2 hour duration at 20 PSI. Shall include perimeter streets at each intersection and spaced 660 feet apart, 77 -933 Las Montarlas, Palm Desert, CA 92211 • (760) 863 -6886 • Fax (760) 863 -7072 Q oommcnu and Scldngslawazd\My Documents \CondiuonslCondidons2lLAM E+LSINOM1 e -LE•- TR35337 7 -14 -201 O.dK Pane i of 3 Planning Commission Approved Page 33 of 35 City Council March 17, 2015 April -14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 50, PRIOR. TO MAP RECORDATION 50.FIRE.999 MAP464- ESC_DRNEWAY ACCESS' IN EFFECT ECS map must be stamped by the Riverside County Surveyor with the following. Note: Driveways exceeding 150'1 n length, but less than 800' in length, shall provide a turnout near the midpoint of the driveway. Where the driveway exceeds 800'; turnouts shall be provided no more than 400' apart, Turnouts shall.be a minimum of 10' wide and 30' In length, with a minimum 25' taper on each end, Approved turnaround shall be provided at all building sites on.ddv.eways over 300" In.length, and shall be within 50' of the building. 60.FIRt .999 MAP -#73- ESC - DRIVEWAYS REQUIRE IN EFFECT ECS map must be stamped by the Riverside County Surveyor with the following Note: Access Mil not have an up, or downgrade of more than 15 °fag. (access will not be 16' in width per he 997 UFC, Article 9, Section 902.211) and will have vertical clearance of 15'. Access will be designed to withstand the weight of,60 "thousand pounds over 2 axles. Access will have a turning radius of 5' capable of accommodating fire apparatus. 50.FIRE.999 MAP -#67- ESC -GATT ENTRANCE IN EFFECT ECS map must be stamped by the Riverside County Surveyor with the following Note: Gate entrance shall be at least two feet wider than the width of the traffic lanes serving that gate. Any gate providing access from 'a road to a driveway shall be located at least 35 feet setback from the roadway and shall open to allow a vehicle to stop without obstructing traffic on the road. Here a one -way road with a single Traffic lane provides access to a gate entrance, a 40' turning radius shall be used, 50-FIRE-999 MAP -488- ESC- AUTOfMAN GATES IN EFFECT Esc map must be stamped by the Riverside County Surveyor with the following Note: Gate (s) shall be automatic or manual minimum 20 feet in width. Gate access shall be made equipped with a rapid entry system. Plans shall be submitted to the Fire Department for approval prior to installation autornaticlmanual gate pins shall be rated with a shear pin force, not to exceed 30' 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. 50.FIRE.999 MAP -4004 -ECS -FUEL MODIFICATION IN EFFECT ECS map must be stamped by the Riverside County Surveyor with the following Note: Prior to.the issuance of a grading permit, the developer shall prepare and submit to the lira department for approval a fire protectionNegetatlon management that should include but not limited to the following items: a): Fuel modification to reduce fire loading. b) Apprapriato fire breaks according to fuel load, slope and terrain. c) Non flammable walls along common boundaries between rear yards and open space areas shall be provided at intervals not to exceed 1500', e) A homeowner's association or appropriate. district shall be responsible for maintenance of all fire protection measures within the open space areas.. ANY HABITAT CONSERVATION ISSUE AFFECTING THE FIRE DEPARTMENT FUEL MODIFICATION REQUIREMENTS, SHALE. HAVE CONCURRENCE WITH THE RESPONSIBLE WILDLIFE AND /OR OTHER CONSERVATION AGENCY, 50.FIRE,999 MAPS446 -WATER PLANS IN EFFECT The applicant or developer shail furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall cariform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by local water company, the originals shall be presented -to the Fire Department for signature. 77 -933 Las Moetaslas, Palm Desert CA 92211 a (766) 863 -8886 + Fax (764) 863 -7072 C: DMUments and Settingslaward%My D acumen tslCoudiGmslConditimts2'3.AICP FLSINORMI O- LE- TM5337 7.14.2010.doe Page 2 of 3 Planning Commission Approved Page 34 of 35 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN 50.FIRE,999 MAF- #53- ESGWTR PRIORICOMBUS IN EFFECT ECS map must be stamped by Riverside County Surveyor with the following Note: The required water system, including fine hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. 80. PRIOR TO BUILDING PERMIT ISSUANCE 80.FIRE.999 MAP45D -TRACT WATER VERIFICATION IN EFFECT The required water system, including all fire hydrant (s), shall be installed and accepted by the appropriate water agency and the Riverside County Fire Department prior to any combustible building material placed on an individual lot, Contact the Riverside County Fire Department at phone number 951955 -5282 to inspect the required fire flow, street signs, all weather surface, and all primary and! or secondary access. Approved water plans must be at the job site. 77 -933 Las Montar3as, Palm Dosert, CA 92211 + (760) 863 -8886 • Fax (760) 863 -7072 C:SDoaumenls and Sc1ings\awurdkMy Dauuments\CandiliomV ondi[ions2\LAKE.81SNORL110 -LE TR353377.14- 2010.doe Page 3 of 3 Planning Commission Approved Page 35 of 35 City Council March 17, 2015 April 14, 2015 RESOLUTION NO. 2015 -13 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF AMENDMENT NO. 1 TO SPYGLASS RANCH SPECIFIC PLAN NO. 2005 -02 LOCATED ON A 259 -ACRE SITE ON THE EAST SIDE OF CAMINO DEL NORTE AT ITS INTERSECTION WITH MAIN STREET WHEREAS, Erik Lunde, Pacific Coves Investments, LLC, has filed an application with the City of Lake Elsinore requesting approval of Amendment No. 1 to Specific Plan No. 2005 -02 (SPA 2014 -01) to the Spyglass Specific Plan (the "Project "); and WHEREAS, the 259 -acre project site is generally located on the east side of Camino Del Norte at its intersection with Main Street; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for approval of specific plans and any amendments thereto; and WHEREAS, on September 2, 2014 and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02 (SPA 2014 -01) pursuant to the Planning and Zoning Laws (Cal. Gov. Code §§ 65000 et seq.) and Chapter 17.204 of the Lake Elsinore Municipal Code ( "LEMC °). SECTION 2. That in accordance with State Planning and Zoning Laws and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02 (SPA 2014 -01): 1. The location and design of the proposed development shall be consistent with the goals and policies of the City's General Plan and with any other applicable plan or policies adopted by the City. Amendment No. 1 to the Spyglass Ranch Specific Plan meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.204 of the City of Lake Elsinore PLANNING COMMISSION RESOLUTION NO. 2014 -13 PAGE 2 OF 5 Municipal Code. Accordingly, the proposed Specific Plan Amendment complies with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed location shall allow the development to be well- integrated with or adequately buffered from its surroundings, whichever may be the case. Approval of the Project will allow the demolitions of the existing structures found on a 4.4 acre site known as Planning Area 3. Planning Area 7 & Planning Area 13 will be combined and developed into an approximately 6.5 acres of park. 3. All vehicular traffic generated by the development, either in phased increments or at full build -out, is to be accommodated safely and without causing undue congestion upon adjoining streets. The width and type of pavement needed to carry the type and quantity of traffic generated that will result from implementation of Amendment No. 1 of the Spyglass Ranch Specific Plan has been reviewed and accounted for. The City has conditioned the Project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit and bicycle. 4. Amendment No. 1 of the Spyglass Specific Plan identifies methodology(s) to allow land uses to be adequately serviced by existing or proposed public facilities and services. In appropriate circumstances, and as provided elsewhere by the Municipal Code, the City may require that suitable areas be reserved for schools, parks and pedestrian ways; or public open spaces shall be dedicated or reserved by private covenant for the common use of residents, establishments or operations in the development. The Amendment No. 1 to the Spyglass Specific Plan identifies necessary streets and circulation to support the proposed land use allocations, as well as all necessary wet and dry utilities for proper and adequate infrastructure services. The amendment will allow removal of structures that have been experiencing ongoing vandalism making these structures a health and safety issue. The applicant/developer shall develop an approximately 6.5 acres park within the combined Planning Area 7 & Planning Area 13, thus centralizing the park area that will be utilized for active recreation purposes. 5. The overall design of Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02 (SPA 2014 -01) will produce an attractive, efficient and PLANNING COMMISSION RESOLUTION NO. 2014 -13 PAGE 3 OF 5 stable development. Amendment No. 1 to the Spyglass Ranch Specific Plan No. 2005 -02 (SPA 2014 -01) allows for the demolition of structures that have been vandalized to the point of being detrimental to the health and safety of the City. The applicant/developer shall develop an approximately 6.5 acres park within the combined Planning Area 7 & Planning Area 13. In addition, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the Amendment No 1 to the Spyglass Ranch Specific Plan and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 6. In accordance with the requirements of the California Environmental Quality Act (CEQA), impacts have been reduced to a less than significant level, or in the case where impacts remain, a statement of overriding considerations must be adopted to justify the merits of project implementation. On February 26, 2008, the City Council approved and certified the Spyglass Ranch Specific Plan Environmental Impact Report (EiR) which analyzed the environmental impacts associated with the development of the Spyglass Ranch Specific Plan area. (SCH No. 2006121069) In accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the proposed amendments to previously approved projects do not present substantial changes or reveal new information that would require Subsequent or Supplemental EiR analysis. However, some changes or additions to the information contained in the certified EIR is necessary in order to approve the proposed project. For this reason, pursuant to Section 15164 of the CEQA Guidelines, the attached Historical and Architectural Evaluation of the Delaney Ranch House Complex Located at 523 West Minthorn Street, City of Lake Elsinore, Riverside County, California, dated June 2014 and prepared by John Minch and Associates, constitutes Addendum # 1 to Environmental Impact Report No. 2007 -01. SECTION 3. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Planning Commission hereby recommends approval of Spyglass Specific Plan Amendment No. 1 (SPA 2014 -01). PLANNING COMMISSION RESOLUTION NO. 2014 -13 PAGE 4 OF 5 SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 17th day of March 2015. r— 74,--� Joh Gr , Chairman Cit of Lake Elsinore y ATTEST: Richard J. acHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2014 -13 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -13 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. acHott, LEED Green Associate Planning Manager CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" PLANNING DEPARTMENT General Conditions The proposed project (Specific Plan No. 2005 -02 Amendment No. 1 ) is an approximately 259.6 -acre Specific Plan which would allow the development of a maximum of 1,035 dwelling units consisting of a maximum of eight 8 estate residential dwelling units on 7.5 acres within the Estate Residential (0- 2 du /ac) designation; 515 dwelling units on 115.6 acres within the Single- Family Residential (4 -8 du /ac) designation, 222 dwelling units on 18.6 acres within the Courtyard Homes (8 -15 du /ac) designation and 290 dwelling units on 14.5 acres of the Multi - Family Residential (15 -20 du /ac) designation. The Specific Plan also includes a 6.5 -acre park site 85.8 acres of open s ace and 11.1 acres devoted to Major Circulation. The proposed project is located northeast of Interstate 15 at Main Street on the east side of Camino Del _Norte (APN 377- 250 -011 377- 260 -004 005 and 006, 377 - 350 - 004,_ 007 008, 010 014 015 016 and 017. 2. These conditions of approval replace and supersede the conditions of approval for the Spyglass Ranch Specific Plan that were originally approved by the City Council on February 26 2008. 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed origin I to the Community Development Department for inclusion in the case records. 4. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the �.412-H(QP CensisteRGy Findings, General Plan Amendment No. 2005 06, ZeRe Change No. 2005 , and Specific Plan No. 2005 -02 Amendment NoJ for the Spyglass Ranch Specific Plan project ++anhed hereto. the Notice ef ■e The GheGk s1hall be iR he amoUlRt $2,606.75 and made payable to-QalifeFRia depaFtFneRt Gf Fish and Game. The serVend GheGk 6hall be On the aMGURt of $64.00 and made payable to-4he we shall submit r check in the amount Planning Commission Approved Page 1 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. "SPYGLASS RANCH SPECIFIC PLAN" $50.00 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 prolect's approval. 6. The Applicant /Developer shall comply with all applicable mitigation measures listed in the Mitigation Monitoring Program associated with the Environmental Impact Report for the Spyglass Ranch Specific Plan. 7. The applicant /developer shall comply with any /all requirements of the Lake Elsinore Unified School District. 8. The applicant/developer shall comply with any /all requirements of the Riverside County Flood Control and Water Conservation District. 9. The applicant/developer shall comply with any/all requirements of the Department of the Army Los Angeles District Corps of Engineers. 10. Any modification (i.e. changes to residential density, development standards, housing product location, etc.) to the Spyglass Ranch Specific Plan will require a Specific Plan Amendment approved by the City of Lake Elsinore City Council. 11. The applicant /developer shall comply with any/all requirements of the California Department of Transportation (CALTRANS). 13. All future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan. 14. Those issues, standards, guidelines, etc, not addressed in the Spyglass Ranch Specific Plan will revert to the Lake Elsinore Municipal Code and /or Zoning Code in effect at the time future developments within the Spyglass Ranch Specific Plan are proposed. 15. The applicant /developer shall provide all project - related on -site and off -site improvements as described in the Spyglass Ranch Specific Plan document. Planning Commission Approved Page 2 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" 13. The Dra# Spyglass Ranch Specific Plan document shall be revised to incorporate fe-quired by the PlaRRiRg City : any corrections and changes required by the Planning Commission and/or City Council and these conditions of approval. A complete Final Spyglass Ranch Specific Plan document which includes the entire specific plan, shall be submitted for review and approval by the CommunitV Development Director or designee within 45 da s of approval bV the CitV Council. No permit shall be issued until the Spyglass Specific Plan document and any required revisions are administratively approved by the CommunitV Development Director or designee. Additionally, the Final Spyglass Ranch Specific Plan shall incorporate the following modifications: a. Any raised medians along Camino Del Norte and Elsinore Hills Drive (Road) shall be fully landscaped and irrigated subject to the review and approval of the City's Landscape Architect consultant and the Engineering Division. b. Figure IV -39 shall be revised to more clearly denote the specific location of all masonry walls both within and on the perimeter of the specific plan boundary. C. The text discussion on Page 4 -68 for project walls, pilaster theme walls and interior privacy walls shall be revised to match the design details shown on Figure IV -35. Pilasters with decorative caps shall be provided at property line/wall terminus and every seventy -five feet (75') on center. In addition, no plain precision block walls shall be utilized along any streets visible from the public within the development. d. The text discussion on page 4 -71 and Figure IV -35 shall be revised to denote the use of pilasters with a decorative cap to be located every one - hundred -fifty feet (150') on center and at property line/wall terminus along interior block privacy walls which abut private roads within the development. e. The text shall be revised to include a detailed discussion regarding maintenance responsibilities for streetscapes, roads, maintained slopes, and parks throughout the development. In addition, a maintenance plan shall be added as a figure showing specific maintenance responsibility areas within the development. Planning Commission Approved Page 3 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. "SPYGLASS RANCH SPECIFIC PLAN" f. Table V -2 shall be revised to require a minimum of one (1) guest parking space per three (3) units. In addition, some guest parking shall be provided for the proposed courtyard home products. The specific number of parking spaces shall be reviewed and approved by the Director of Community Development or designee. g, All exhibits and all text shall be revised to reflect the combination of the two parks (Planning Areas 7 and 13) into a single 6.5_ acre park site. All text and exhibits shall reflect the park improvements set forth in these Conditions of Approval. 15. Any amendment to the Spyglass Ranch Specific Plan, even though it may affect only one portion of the Specific Plan, shall be accompanied by a complete specific plan document which includes the entire specific plan, including both changed and unchanged parts. 15. Future development shall comply with those standards and guidelines contained in the Spyglass Ranch Specific Plan document. 16. Those issues, standards, guidelines, etc. not addressed in the Spyglass Ranch Specific Plan will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. 17. The applicant /developer shall participate and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 18. A detailed noise mitigation analysis shall be performed, at the final map stage (for individual planning areas) for all future sensitive noise uses potentially exposed to noise levels in excess of 5OdB CNEL to verify that planned noise protection will meet City of Lake Elsinore standards. 19. The applicant /developer shall provide all project - related on -site and off -site improvements as described in these Conditions of Approval or the Spyglass Ranch Specific Plan document. Planning Commission Approved Page 4 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" 20. Prior to approval of a design review or tentative map for individual planning areas, the developer and City staff will review plans for multi - family housing areas, commercial uses, and parks for the provision of appropriate, necessary and adequate pedestrian and bicycle facilities. 21. The developer or the developer's successor in- interest shall be responsible for maintaining the undeveloped portion of the site including weed abatement and litter removal. 22. The applicant shall submit a revised Spyglass Ranch Specific Plan, which labels in the table of contents and incorporates the City Council approved Conditions of Approval for the Spyglass Ranch Specific Plan within the document. 22(a). The applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that Planning Areas 5 & 6 of the Spyglass Ranch Specific Plan have a density not to exceed twenty (20) dwelling units to the acre. 22(b). The applicant shall submit a revised Spyglass Ranch Specific Plan, which indicates that plexi -glass view fencing is an available design criteria option for fencing within the Spyglass Ranch Specific Plan. ENGINEERING DIVISION GENERAL REQUIREMENTS w. signed - a Calif. Registered be required if the gFading eXGeeds 50 Gubir. the Gity EngineeF. the gFading than i GUbiG yards ^'- - shall 041-be obtained se that a GUFsery dFainage and flow pattem r - r w - =rWINIM n r + = _ r • w 25. AR ERGreachment Permit shall be obtained to werk on City and/G State rirrh4_nf_ way. � Planning Commission Approved Page 5 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. "SPYGLASS RANCH SPECIFIC PLAN" 26. Any grading that affects "waters of the United States ", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 27. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be under grounded, 28. All underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. ■r r • r r ,ww - - - - ■r ■ s 1 AM r • r • w - Z Z S. - • • w . �� �ffl. Y r • w .. - - . ■ 2 LW ■ N W - r ^ - 35. All slopes and landscaping within public right -of -way, including all landscape improvements in the public right- of -wav for Camino Del Norte and Elsinore Hills Drive including all primary and neighborhood ent monumentation sianage and areas_, shall be maintained by the property owner or property owner's association or another maintenance entity as approved by the City Council. 36. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and Planning Commission Approved Page 6 of 19 City Council March 17, 2015 April 14, 2015 Ws Y r • w .. - - . ■ 2 LW ■ N W - r ^ - 35. All slopes and landscaping within public right -of -way, including all landscape improvements in the public right- of -wav for Camino Del Norte and Elsinore Hills Drive including all primary and neighborhood ent monumentation sianage and areas_, shall be maintained by the property owner or property owner's association or another maintenance entity as approved by the City Council. 36. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and Planning Commission Approved Page 6 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" maintained by property owner or property owner's association. ! ► ! r _ ! ! _ • r • r r _ � • r l.. r _u . r r r r ■ r ft - f r - r! •r _ r r •r r r ..r-.jjffgrffT. • w r w - r.1 - - - f a r •■ r r r � w r w / i� r r u r r ! _ � I l� r r a . • . . a • _ _ r w r • • w _ _ 1009 w _ r r r ! ► ! r _ ! ! _ • r • r r _ � • r l.. r _u . r r r r ■ r ft - f r - r! •r _ r r •r r r ..r-.jjffgrffT. • w r w - r.1 - - - f a r •■ r r r � w r w / i� r r u r r ! _ � I l� r r a a • • r _ • • _ ff _ r r • w _ _ - w _ w _ Fre E WF r. - - 40. All reef draiRs shall not be allowed te G61t.-I diFeGty through GE)FiRg iR the street eurb. All w a r r w are 41, The applicant shall Gernply with all WDES iR effeGt; the submittal ef aR Water ManagemeRt Plan ► I l as required l 1 1 r everall layaut of th8 PFGjeGt. _ r 1 1 1 submittal be duFing - initial r _ r _ � r I l _ _ ■ � I l� r � �• r f r _ w i ff _ _ r r r _• ! rrrf - - Mm. - w _ 43. The appliGant shall previde R-N.Ws that will FedUlGe StOFM water pekitants 40M Planning Commission Approved Page 7 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. "SPYGLASS RANCH SPECIFIC PLAN" • • • + r • ■ ■ ■ w w 45. The asant developer shall construct full street improvements and dedicate additional right -of -way on Camino Del Norte, along the project frontage, such that the ultimate right -of -way width conforms to the General Plan street right - of -way cross- sections. The cross section of roadway improvements with a raised median (if applicable), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the approved Traffic Study dated April 29, 2007 and the General Plan Circulation Plan. 46. The no t developer shall construct full street improvements and dedicate the right -of -way on Elsinore Hills Road per General Plan street right -of -way requirements. The cross section of roadway improvements with a parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as required by the General Plan. r► r .! r • w �. 47. The iMs�ffl= appliGant shall w + w w w the w w w w ww ■ . - J.a .�a��ua�i�■�u _ui�:ira srs�c�a�i�'.��� •.r r _w w w _ 49. Traffic Study dated Apra '', , 2007-. Planning Commission Approved Page 8 of 19 City Council' March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" 50. The appliGaRt developer shall construct the traffic signals at Main /115 SB and NB on /off ramps, Camino del Norte /Main Street, Camino del Norte /Elsinore Hills Road, Camino del Norte /La Strada. • . m1i w • • r w WON* FW 56. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115/Main Street Interchange Upgrade, additional right of way could be required along Camino Del Norte. 57. a"f Gv--+f- www - - _- go MIW-111- - Ne. Not 59. Planning Commission Approved Page 9 of 19 City Council March 17, 2015 April 14, 2015 - -• - - •• -•.. r - w ► - i�- m1i w • • r w WON* FW 56. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the 115/Main Street Interchange Upgrade, additional right of way could be required along Camino Del Norte. 57. a"f Gv--+f- www - - _- go MIW-111- - Ne. Not 59. Planning Commission Approved Page 9 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" � • — r r _ • • r w r — — — r r� r • + •• r r r rr • r + rr + r w w — — — r + rr • � •+ w• a a a — — .r. r r ra r • w r • I y r • ar w •— —r r r -r — • s — . r a w+ w' • — r u r w w WW"Mr 'VIM BE ■ y Y 1 r rr + r ■ 1111111110111-1110-1111 M- NOW 11 WIN • + NO y ■ ■■ ~1111111111110'', : — 1 1 — 1 ! 68. All StFeet PlaRS, tFaffiG signal plans, Planning Commission Approved Page 10 of 19 City Council March 17, 2015 April 14, 2015 . r w w M&g � • — r r _ • • r w r — — — r r� r • + •• r r r rr • r + rr + r w w — — — r + rr • � •+ w• a a a — — .r. r r ra r • w r • I y r • ar w •— —r r r -r — • s — . r a w+ w' • — r u r w w WW"Mr 'VIM BE ■ y Y 1 r rr + r ■ 1111111110111-1110-1111 M- NOW 11 WIN • + NO y ■ ■■ ~1111111111110'', : — 1 1 — 1 ! 68. All StFeet PlaRS, tFaffiG signal plans, Planning Commission Approved Page 10 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" • w • = r• w w - � - 1 1 a - - . w • W �• L I B � 1 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY _ w ■ a r r w - r w w 1 • w w r . w. r■ f mom Ic ■ • w TO w � r � w. a a � � w - • w a•• w w - - r•� - V I .r w w a w - UM •. - • w • = r• w w - � - 1 1 a - - . w • W �• L I B � 1 PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY _ w ■ a r r w - r w w 1 • w w r . w. r■ rr r TO • w w. • V I - w ,rw r - � � r w - - 73. The traffic signals shall be installed per the approved Traffic Study dated April 29, 2007. The developer may request the completion of some signals as determined by a specific technical study and approved by the City Engineer. 74. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 75. All streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase 1 of project development as identified on the approved landscape plans. 76. The fair share cost of future improvements as a condition of this development shall be paid. 77. All water and sewer improvements shall be completed in accordance with the Planning Commission Approved Page 11 of 19 City Council March. 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" applicable Water District requirements. 78. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 79. TUMP fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 80. As -built plans shall be completed and signed by the City Engineer. 81. All improvement plans shall be digitized. The apptiGan 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. 82. The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all exterior walls including those facing main arterials (i.e. Camino Del Norte, Elsinore Hills Drive, etc.) 83. The Home Owner's Association or another maintenance_ entity approved by the City Council is to maintain all flow control /drainage facilities and structures. 84. The applicant shall provide the City with an _ inventory of all street signs, street markings, street trees, fire hydrants, etc. and total square - footage of all streets in a digital format acceptable to the City. ADMINISTRATIVE SERVICES DEPARMENT 86. Prirn r rt9 ap-pF eval r8 the F!Ral A nr, Pa-FG eI Map, Site Development Prtla n , -er SpeGial sp PeFmit (ajappEabIe), the appIiG nt shall aRRex Planning Commission Approved Page 12 of 19 Clty Council March 17, 2015 April 14, 2015 .w ■ ■ ■ NO l 111,0110 ■ ■ , rr w + ■ ,.. ■ .. 86. Prirn r rt9 ap-pF eval r8 the F!Ral A nr, Pa-FG eI Map, Site Development Prtla n , -er SpeGial sp PeFmit (ajappEabIe), the appIiG nt shall aRRex Planning Commission Approved Page 12 of 19 Clty Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02} AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" ■ A_ a w w r a r l 1 � 1 1 ■_ � rw w w ■ - -w-521-4101-all - •• a w ■ a r■ r a w w • • + - - -■ fnr w ark, Parkway, Open SpaGe and Stnrm Dramn VI i• _ tl _ it _ ■_ _ _ ., �� . Roes Comm- w ■ rr ■ + r • a w the wr new negative iMpaGt6 of the ♦ ► 90. Prior to approval of the Final Map, Parcel Map, Site Development Plan, 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 (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. 91. Prior to approval of the Final Map, Parcel Map, Site Development Plan Special Use Permit or building permit (as applicable), the applicant may form Community Facilities District to allow for the funding of (i) public facilities and (ii) the on -going operation and maintenance of the public right -of -way Planning Commission Approved Page 13 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" 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 "Maintenance Services" to offset the annual negative fiscal impacts of the protect Alternatively, if a CFD is not formed pursuant to the preceding sentence applicant shall: (a) form a CFD solely for Maintenance Services or annex into an existing CFD for such services (e.g. Community Facilities District No. 2015 -2 Maintenance Services or b the applicant may ro ose alternative financing mechanisms to fund the annual negative fiscal impacts of the proiect with respect to Maintenance Services. 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. Contact the Administrative Services Director at 951- 674 -3124. 92. The applicant shall be required to participate in the City -wide LLMD 93. The applicant _shall be required to participate/annex into the LLMD District 1 for all exterior landscapio-g to be maintained by the City. REGREAT40N AND PARKS —0—FPARTUENT COMMUNITY SERVICES DEPARTMENT oil �r • - - - j w - r • r w• - 96. The Home Owner's Association or another maintenance entity approved by the City Council is to maintain all open space areas. r • - - ■- . _ 1 ■ _ ■ r Planning Commission Approved Page 14 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. "SPYGLASS RANCH SPECIFIC PLAN" ... 102. The applicant shall provide a trails diagram outlining proposed trail locations and utility easement locations as part of the development of the trail system. f a w • • • • u • r ► � w u. - - _ _ •.ra+ea, -,. rya- rr.,rwwr � � - � �. ��� u r• -- -- - - W. w r. - - - - w, w w w.. + w ► e. + ww . r • • . l 1 • 107. The Director of Community Services shall review and approve all park development and implementation plans. - ..i.o,`e �u�_i�.R:•ti,. +.�� ia.■�a. -,. �.- .�i..i�.ii�s�+ Planning Commission Approved Page 15 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" •s •• • • r. w - r a�+ • • - 115. The Home Owners Association HON or another maintenance entity approved by the City shall maintain all trails. 116. The 6,5 acre public park shall be included in the Community Facility District for maintenance and renovation costs. 117. The followinq items shall be provide in the Park located on PA 7, PA 13. and PA 4: One 1 ball fields with backstops Two 2 bleachers Restroom (approximately 300 sq ft.) On -site parking providing 25 to 30 spaces Three small group picnic areas with two tables and benches with gazebo Three (3) barbeques Three 3 hot ash containers Eight 8 waste containers Two (2 ) drinking fountains Two 2 half -court basketball courts Eight (8) benches One 1 2 to 5 year and one -0) 5 to 12 year playground with shade over the entire play area Perimeter walkinq trail with minimum 6 exercise stations Park Monument entry sign per City identity Standard Guide Parking lot and walkway security lighting Lockable entry gates into parking lot 118. The desi n of the public Dark shall provide pedestrian circulation and shall be in compliance with American with Disabilities Act (ADA) requirements. 119. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided Planning Commission Approved Page 16 of 19 City Councii March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" 120. Construction plans and specifications for the park shall be reviewed and approved by the Director of Community Services prior to approval of the final map. 121. The developer shall post security and enter into a park improvement agreement to improve the public park prior to issuance of the first building _ permit. 122. Construction of the park shall commence pursuant to a pre - construction meeting with the developer, the developer's construction contractor and City representatives. Failure to comply with the City's review and inspection process my preclude acceptance of the park by the City. 123. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the public park site, including the 90 -day maintenance period, until such time as those responsibilities are accepted by the City, of Lake Elsinore. 124. The 6.5 acre public park site shall be improved and then conveved to the Cit free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a_ soils assessment report shall be provided with the conveyance of the property. 125. All private parks 1 tot lots, common areas, and open space areas will be maintained by the HOA or other maintenance entity approved by the City. 126. No credits will be given for private facilities or private park areas. 127. Applicant shall dedicate 6.5 net acres for a public park and pay for park improvements. 128. Park shall be turn -key and completed to the satisfaction of the Community Services Director upon prior to the issuance of the 125th building permit, RIVERSIDE COUNTY FIRE DEPARTMENT 129. The Applicant shall comply with all of the attached Riverside County Fire Department conditions and standards. Planning Commission Approved Page 17 of 19 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" RIVERSIDE COUNTY SHERIFFS DEPARTMENT 130. The Applicant shall comply with any /ail requirements of the Riverside County Sheriff Department. (All Conditions of Approval amended by Staff prior to March 17, 2015 Planning Commission hearing regarding Amendment No. 1 to Specific Plan No. 2005 -02 (Spyglass Ranch Specific Plan); with strikethrough text being deleted and underlined text being added.) Planning Commission Approved Page 18 of 19 City Council March 17, 2015 Aprll 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL FOR SPECIFIC PLAN NO. 2005 -02, AMENDMENT NO. 1 "SPYGLASS RANCH SPECIFIC PLAN" Riverside Couifty Fire Department Its cooperation with the California Department of Forestry and Fire Protection 4"0 Lennon Street, 2nd Floor. Riverside. California 92501 • f909) 955 -0777 • Fax (909) 955 -4866 Fire Protection Planning and Engineering Services Section Craig E, Anthony Fire Chief Proudly serving the unincorporated areas of Riverside County and the cities oP, 13-mining 4 Beaumont 4 Califnesa Canyon Lake Desert Not .SDaings .,a Indian Wells Indio 0 Lake Elsinore O 1A.Quinta ,y Moreno Vaday Palm Desert a Perris 6 Rancho Mirage fi San Jacinto Temecula Aotstd of supervisors Bob Buster, District t Jolur Tavaglione, District 2 Jeffs #one District 3 Roy Wilson, District 4 Marion ,Ashley, District 5 City of Take Elsinore Planning Division Aulrust 17, 2005 130 S. Main St Lake Elsinore, Ca. 92530 Attn: Mattbew Hams, Senior Planner RE: Comments for Spyglass Ranch Specific Plan The proposed project will have a cumulative adverse impact on the Fire Department's ability to provide an acceptable level of service. 'These impacts inctude an increased. minter of emergency and public service calls due to the increased pmsonce of striuctulre6 acrd population. The pzopomcmis/developers shall participate in the Development Impact Fee :program as adopted by the City of Lake Elsinore to mitigate a poidon of these impacts: This will provide funding for capitol improvements such as Iand, equipment pumjmses, and fire station construction. Ali water mains and fire hydrants providing required fire flows shall be constructed in accordance with the appropriate sections of Riverside County Ordinance No 460 and/or No. 787:1, subject to review and approval by the Riverside County Finn Departmemt. All .buildings shall be constructed with fire retardant roofing material as described , m section 1503 of the Uniform[ Building Code. Prior to approval of any development plan for lands adjawnt to open space areas, a fire Protection / vegetation management (fires modification) plan shall be submitted to Riverside County Vire Department for review and approval. The homeowners Association or appropriate imanagedient entity shall be responsible for muanalaiming the elements of the plan Im the interest of Public Safety, the project shall provide attermalte or secondary access/accesses, Alternate or secondary accessfacce:sses shall have concuxrenm and approval of both the Riverside County Fire Department and the City of lake Elsinore Transportation Dept, and shaU be maintained through out any phasing„ If you lmve"i�tu her questions, please feel free to call, L- Jorge Rodriguez, Fire Captain (909)955 -4777 RESOLUTION NO. 2015 -14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP NO. 35337, AMENDMENT NO. 1 LOCATED ON A 259 -ACRE SITE ON THE EAST SIDE OF CAMINO DEL NORTE AT ITS INTERSECTION WITH MAIN STREET WHEREAS, Erik Lunde, Pacific Coves Investments, LLC, has filed an application with the City of Lake Elsinore requesting to modify and/or remove Conditions of Approval of Tentative Tract Map No. 35337 for a project site located within the Spyglass Ranch Specific Plan (the "Project "); and, WHEREAS, the 259 -acre project site is generally located east of Camino Del Norte at its intersection with Main Street known as the Spyglass Specific Plan; 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, on February 26, 2008, the City Council approved and certified the Spyglass Ranch Specific Plan Environmental impact Report (EIR) No. 2007 -01 (SCH No. 2006121069) which analyzed the environmental impacts associated with the development of the Spyglass Ranch Specific Plan, and Tentative Parcel Map No. 35336 and Tentative Tract Map No. 35337 were part of the whole action that was analyzed in the Spyglass Ranch Specific Plan EIR; and WHEREAS, a "Historical and Architectural Evaluation of the Delaney Ranch House Complex Located at 523 West Minthorn Street, City of Lake Elsinore, Riverside County, California ", dated June 2014 (the "Report ") was prepared by John Minch and Associates to provide additional analysis regarding the Delaney Ranch Complex, also known as the "Tarzan House "; and WHEREAS, the Report was conducted in accordance with the California Environmental Quality Act (CEQA), and the Report found that because "none of the buildings or swimming pool are considered architecturally or historically significant at the federal and state levels, there will be no adverse impacts to historic resources "; therefore "no additional measures in conjunction with cultural resources are recommended for the Delaney Ranch House, Pool House, Pool or Lookout "; and PLANNING COMMISSION RESOLUTION NO. 2014-14 PAGE 2OF4 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 September 2, 2014 and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed the requested modification and/or removal of the Conditions of Approval for Tentative Tract Map No. 35337 pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code ( °LEMC °). SECTION 2. The Planning Commission, based upon a thorough review of Addendum #1 to Environmental Impact Report No. 2007 -01, the CEQA documents, and the evidence received to date, does determine as follows: 1. In accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the proposed amendments to previously approved projects do not present substantial changes or reveal new information that would require Subsequent or Supplemental EIR analysis. However, some changes or additions to the information contained in the certified EIR is necessary in order to approve the proposed project. For this reason, pursuant to Section 15164 of the CEQA Guidelines, the attached Historical and Architectural Evaluation of the Delaney Ranch House Complex Located at 523 West Minthorn Street, City of Lake Elsinore, Riverside County, California, dated June 2014 and prepared by John Minch and Associates, constitutes Addendum # 1 to Environmental Impact Report No. 2007 -01. 2. That Addendum #1 was prepared in compliance with the requirements of the California Environmental Quality Act and the State CEQA Guidelines. 3. That, based upon the evidence submitted and as demonstrated by the analysis included in the Addendum #1, none of the conditions described in Sections 15162 or 15163 of the State CEQA Guidelines calling for the preparation of a subsequent or supplemental Initial Study have occurred. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of Tentative Tract Map No. 35337, Amendment No. 1: PLANNING COMMISSION RESOLUTION NO. 2014-14 PAGE 3 OF 4 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the 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 General Plan designates the site for a mixed land use Specific Plan. Consistent with that designation, the revisions to the Conditions of Approval of the Tentative Tract Map 35337 does not affect the residential land uses. The Tentative Tract Map is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, the Spyglass Specific Plan and Subdivision Map Act. 2. The effects this project is 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 revisions to the Conditions of Approval of the Tentative Tract Map is consistent with the land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan.. The revisions to the Conditions of Approval of Tentative Tract Map No. 35337 is consistent with the residential land uses within the specific plan and applicable development and design standards. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The approval will allow the demolition of an existing residence and associated facilities that were identified for preservation and the development of a 6.5 -acre park. The proposed revisions, 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. SECTION 4. Based upon the evidence presented, the above findings, and the attached amended revised conditions of approval, the Planning Commission hereby recommends that the City Council approve Tentative Tract Map No. 35337, Amendment No. 1. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015. Joh r5 , Chai man City ff (Lake Elsinore 0 PLANNING COMMISSION RESOLUTION NO. 2014 -14 PAGE 4 OF 4 ATTEST: Richard J. acHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -14 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT NOES: COMMISSIONER FLEMING, COMMISSIONER RAY ABSTAIN: NONE ABSENT: NONE Richard J. MacHott, LEED Green Associate Planning Manager RESOLUTION NO. 2015 -15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE PARCEL MAP NO.35336, AMENDMENT NO. 1 LOCATED ON A 259 -ACRE SITE ON THE EAST SIDE OF CAMINO DEL NORTE AT ITS INTERSECTION WITH MAIN STREET WHEREAS, Erik Lunde, Pacific Coves Investments, LLC, has filed an application with the City of Lake Elsinore requesting to modify and/or remove Conditions of Approval for Tentative Parcel Map No. 35336, which is for Finance and Conveyance Purposes Only; and WHEREAS, the 259 -acre project site is generally located east of Camino Del Norte at its intersection with Main Street known as the Spyglass Specific Plan; 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, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 of seq.: "CEQA ") and the CEQA Guidelines (14 C.C.R. §§ 15000 et seq.), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, on February 26, 2008, the City Council approved and certified the Spyglass Ranch Specific Plan Environmental Impact Report (EIR) No. 2007 -01 (SCH No. 2006121069) which analyzed the environmental impacts associated with the development of the Spyglass Ranch Specific Plan, and Tentative Parcel Map No. 35336 and was part of the whole action that was analyzed in the Spyglass Specific Plan EIR. WHEREAS, on September 2, 2014 and March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. PLANNING COMMISSION RESOLUTION NO. 2014 -15 PAGE 2OF3 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Prior to making a recommendation to the City Council, the Planning Commission has reviewed and analyzed Tentative Parcel Map No. 36632 for Finance and Conveyance Purposes pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code ( "LEMC "). SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore the following findings for the approval of Tentative Parcel Map No. 35336 for Finance and Conveyance Purposes has been made as follows: The proposed subdivision, together with the provisions of its design and improvement, is consistent with the 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). Tentative Parcel Map No. 35336 is for financing and conveyance purposes only. No development will be permitted as a result of approval of this map. Any future development of the site processing and approval of a Tentative Tract Map and related design review approvals. 2. The proposed revision of the conditions of approval for Tentative Parcel Map N. 35336 will not result in any significant environmental impacts for the following reasons: a. No development or grading of any kind is permitted as a result of the approval b. The project has been adequately conditions by all applicable departments and agencies and will not therefore, result in any significant environmental impacts. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. SECTION 4. Based upon the evidence presented, the above findings, and the attached amended revised conditions of approval, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map No. 35336, Amendment No. 1. PASSED, APPROVED AND ADOPTED this 17th day of March 2015. C.)� L7Z-"-V11 John Gr , Cha rman City bf Eake Elsinore 0 PLANNING COMMISSION RESOLUTION NO. 2014 -15 PAGE 3 OF 3 ATTEST: Richard J. M cHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2014 -15 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER .RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. VacHott, LEED Green Associate Planning Manager CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336 AMENDMENT NO. 'I FOR FINANCING AND CONVEYANCE PURPOSE PLANNING DIVISION The proposed project (TPM 35336 for Financing and Conveyance Purposes) is a request to modify and/or delete previously approved conditions of approval which are no longer applicable for the division of approximately 258 acres into six (6) parcels for the purpose of Financing and Conveyance only. No development will be allowed with this approval. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials Officers Employees and Agents for an claim, action or proceeding_against the City, its Officials Officers, Employees or Agents to attach set aside void or annul an approval of the Citv, its advisor agencies, appeal boards or legislative body concerning the proposed prgitct attached hereto. 3. Tentative Parcel Map No 35336 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements for the Lake Elsinore Municipal Code, Title 16 unless modified bV approved Conditions of Approval. 4. In the event an association or other legally responsible entity fail to maintain applicable improvements in such a manner as to cause same of to constitute a public nuisance said City may, upon proper notice and hearing, institute summary abatement procedures an impose a lien for the cost of such abatement. 5. All future development with the Parcel Map area shall conform to all standards set forth in the Lake Elsinore Munici al Code and General Plan. Current landowner shall disclose to all potential buyers the requirements to conform to all standards and provisions of the LEMC and General Plan. ENGINEERING DIVISION This six 6 Parcel tentative map is for financing and conveyance purposes onl . A subsequent tract map or parcel map shall be required to subdivide this property. The development of each Parcel shall be submect for specific review and conditions of approval Specific conditions of approval related to traffic circulation grading, drainage, right-of-way dedications mitigation fees and other related engineerjnq requirements and /or mitigations shall be re uired when the property is subdivided or at time of development. The development of each Planning Commission Approved Page 1 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 9 FOR FINANCING AND CONVEYANCE PURPOSE Planning Area and/or Phase shall be subject for specific review and conditions of approval. (Vote that with a completion of a Project Study Report of the 115 /Main Street Interchange Upgrade additional right way could be required along Camino Del Norte. 7. Each parcel shall have legal access to public right -of -way. 8. The applicant shall offer for dedication Elsinore Hills Road and Lots 'BB' and `CC' for roadway right- of -way. The width of Elsinore Hills Road shall be 90 feet and the width of Lots 'BB' and 'CC' shall be 60 feet. 9. The processing of this map shall conform to the requirements of the Subdivision Map Act. 10. The developer shall be responsible for acquiring right -of -ways in which the developer or the City has no legal title or interest. r _ _ • r TIE w w w w 1 1 1 ■ t J. w a _ _ w • _ _ _ _ � r_ ■ r . w ■ _ _ r + 10 t ! 1 1 � _ _ iV �c.�r• � Planning Commission Approved Page 2 of 13 City Council March 17, 2015 April 14, 2015 r • a _ _ w • _ _ _ _ • r _ _ f ME _ X I w Nil ■ \�J lam' 1 Planning Commission Approved Page 2 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336 AMENDMENT NO. 1 FOR FINANCING AND _CONVEYANCE PURPOSE unless . - e. -w these GGIRditiGRG. ww - implementation - MMRP through stage- - apphGaRt shall w. ■ - rr- • who . r• -w Shall the PrOj8Gt Site, the EIGGIAments submitted by - appliGant, - -r a mateFlal, in order r MORiter and Feporl permits r■ and any other GeMplialPlGe te the the I e. Gornpletion .r - pro requiFements w . must GOrnply • • - 6. ■ meet the setbaGk - Spyglass ^ s and Development Standards - - SpeGifiG PlaR unless superseded - r ■., - ■ - GGRditions. ■ •r • ■- a ■...- ithin thiFty •- • a - • - - - 4 l w - _ ■ w a- rr .. • a - - .•- Eli.1 sky Planning Commission Approved Page 3 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE and approved, agreements exeGuted and seGurities posted: gradiRg PIaR signed and stamped Registered be required Of the grading eXG&Gd6 ■ GUbiG yaFdr, Gr the exwStiRg flow pattern is rnodified as determined by the gFadiRg WS than ■ yards w4 a gFadiRg plan not FequiFed, a gradiRg Permit be obtalRed se that a --,--,,y drainage . . pattern . be RFiG-F . GOMmenGeMeRt of gFading . r - a iG to . 4. - te - QqtY with a map af all proposed haul route6 tG be used f9F meveMeRt ef expoFt material All be SUbjeGt - review and appFeval ef the City ERgi'---r. Haul 4 - ■ i- w separate sheet of - shall route 4 be submitted approved a _ of - w I 1 ERGreaGhment Permit be obtained o Any aftets "wateFs of - United - _ neGessalry peFmits fFem - _ Federal .4.11 arrangeMeRtS .r. the Feadway shall the responsibility of the preperty owner GF W& All - : utilities be uRdergFOwRded. of Seet'E)n ■ ■ (LEMG), and oensisteRt _ _ Elsinore _ MURiGipal Water aw be determined r_ 19. The applicaRt Shall GGE)FdiRate 4 Autherity fer leGation and a r of bus tFaRgit faditieS. Planning Commission Approved Page I of 13 City Council March 17, 2015 April w CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE l Mr. ■ w - Mill" � • w - - w " w w - r r - • w w.r Or • - • Planning Commission Approved Page 5 of 13 City Council March 17, 2015 April 14, 2015 OWN 1-00111111 ININ ow - r r• * 1 1 • - w w - - ■ r w - a w■ � w a l NO �: W M „-. l Mr. ■ w - Mill" � • w - - w " w w - r r - • w w.r Or • - • Planning Commission Approved Page 5 of 13 City Council March 17, 2015 April 14, 2015 ow - r r• * 1 1 • - w w - - ■ r w - a w■ w. U-12.10—VI-1. - „-. - • a �� I w w- ■ a• • w - r r � r w - - r w a • - w - r - � - � ► w W L w i l Mr. ■ w - Mill" � • w - - w " w w - r r - • w w.r Or • - • Planning Commission Approved Page 5 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 353363 AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE i • r • r+ w w. w- • r r• r r• w r r r r r r r r r a s+ • r + - - -r. • �+ r+ w w +a w - i I - - r r +• s• i r • ■ a+ a w• w w w ■ A. r • + a + + r i • r • r+ w w. w- • ON. r ••- . w.w wa w WIN" NNIN 01 - ON .r. W w w •.. MAN, W11 w1fill M.1 If-la r • ■ rw +. I +r r • a s +• r r w r - s r+ -w • r ■� � r { - � V 1 - � i a L 1 � SAW N ■. ON hill i r Y 1 � - r r •+ • . w- w + + w ®r.., - w rw ww+ r - - W.W. + 1 w l ■ , i. Planning Commission Approved Page 6 of 13 City Council March 17, 2015 April 14, 2015 - - • w WIN" NNIN 01 - ON .r. W w w •.. W". Willi If-la r • ■ rw +. w • + w w ■ ■ Planning Commission Approved Page 6 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE G[:u raw 0 IIIIII= 1. - � + • 1 � � r ■• r .- UM w - r - .r • r rr -- ur � +u +■ - 1lr�i:z'�ir_r_�:r r• ER W • ■ ANN,-- 1,114, - - - r • + w - - r ROOM r • • w w r r •+ w w- - w• w - r • w w+ -- - - - r r r • w w w i \ ♦ i - ............ � • r rw • r � � r - - u w � - - • WEII + .' - - - - : w - • + + w : : r + ■ 'C " - beundares and dediGate r full 1 i 6f way The seGtieR Of FeadWay ww w r • r - r a • Planning Commission Approved Page 7 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336 AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE ■r Mwwl _ _ rr ■ 4 r — r . a — I I ■ r — — INN Pw- 1 • r w _— a A 1 1 — • — a ! — C 11'i ll�[i■� +l4 rwyraa���ii�s�:y l�l J■ Ez- a.w . 4 r• r r — r ■ — — . r — ■ r r r Y— ,, . ■ r I I ■ r — — INN Pw- 1 • r w _— a A 1 1 — • — a ! — C 11'i ll�[i■� +l4 rwyraa���ii�s�:y l�l J■ Ez- Planning Commission Approved Page 8 of 13 City Council March 17, 2015 April 14, 2015 Ez- • — — w.. Planning Commission Approved Page 8 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE —.. _ 11 r . _ _ - •r fi7-%V"W-r2LWA ATA •. -e • - •. _ I• - :: - - : -- �- -.ran - - -: - - 6atisfied w G - r •+ w install tFaffiG at this + thG Stop SigR Gig. and a signal be installed GpeFatigRal r the w - traffiG GigRal shall and prier - - Elmo I . e - —.. _ 11 r . _ _ - •r fi7-%V"W-r2LWA ATA •. -e • - •. _ I• - :: - - : -- �- -.ran - - -: - Planning Commission Approved Page 9 of 13 City Council March 17. 2015 April 14, 2015 -- - .201 - - • - - - - Elmo I . e - : w S w 1 w - r o- - . e ww. ■- ELI - Planning Commission Approved Page 9 of 13 City Council March 17. 2015 April 14, 2015 CITY OF LAKE €LSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336 AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE EARN• ■ r . r ww. 1. ■ . - ■ >. w w a ■ • w ■ w.w Nov. ` . • • ■- • w • w, NO • A A r -FIN I � me. • r r f r • A. A I w 4 w. r a o w a r .. r • s w • w R r 11 1E � • o A, ■ M. AIM Planning Commission Approved Page 10 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE fo'l Y! 11 PlaR a. aGtiVitieS shall be pmvided. r rr - - - rr• • a+ •r • r aww a= 1 r r r s+ r r• 1 ■ i• - r fo'l Y! 11 PlaR a. aGtiVitieS shall be pmvided. • 1 ■ wa �+ • r ► W r r- r+ • r r r a w ww = w sw a r. r Planning Commission Approved Page 11 of 13 City Council March 17, 2015 April 14, 2015 r rr - - - - • w w+ a +■+ ■ l r +� 1 ■ i• - r r r r r a • 1 • 1 ■ wa �+ • r ► W r r- r+ • r r r a w ww = w sw a r. r Planning Commission Approved Page 11 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LANCE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE be paid. rlICtF!Gt req iiFemeRtG landseape areas, and draiRage facilities 6hall be pFovided On the feFm of the 78. T-UMP fees shall be paid. The TUMF fees shall be the e#eGtiVe Fate at the time- when the GeFtifiGate Of OGGLApancy us ebtaiRed. 79. As built plans shall be signed by the Gity En®rl 1-1. 80. All plans shall be digitized. The app"Gant shall submit tapes andlef- . Planning Commission Approved Page 12 of 13 City Council March 17, 2015 April 14, 2015 - r a rr .. • • - - - s • + r ■ . a �. ■ • - •w. r - _• •- w , - _ -• • . ■ r _ • - • • . - w r r • r be paid. rlICtF!Gt req iiFemeRtG landseape areas, and draiRage facilities 6hall be pFovided On the feFm of the 78. T-UMP fees shall be paid. The TUMF fees shall be the e#eGtiVe Fate at the time- when the GeFtifiGate Of OGGLApancy us ebtaiRed. 79. As built plans shall be signed by the Gity En®rl 1-1. 80. All plans shall be digitized. The app"Gant shall submit tapes andlef- . Planning Commission Approved Page 12 of 13 City Council March 17, 2015 April 14, 2015 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP NO. 35336, AMENDMENT NO. 1 FOR FINANCING AND CONVEYANCE PURPOSE • - fflYI'w MI Vs! it w. - -r w J - r •+, 16 r •. w w r. • - - - . r w r (Amended by Staff prior to March 17, 2015 Planning Commission hearing regarding Amendment No. 1 to Tentative Parcel Map No. 35336; with strikethrough text being deleted and underlined text being added.) Planning Commission Approved Page 13 of 13 City Council March 17, 2015 April 14, 2015 RESOLUTION NO. 2015 -16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING TENTATIVE TRACT MAP 36567 LOCATED NORTHEAST OF INTERSTATE 15 AT MAIN STREET APPROXIMATELY ONE - QUARTER MILE NORTHEAST OF CAMINO DEL NORTE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF MITIGATED NEGATIVE DECLARATION NO. 2015 -02 WHEREAS, Erik Lunde, South Shore II, filed an application for Tentative Tract Map No. 36567, also referred to as South Shore ll, (the "project ") with the City of Lake Elsinore for a residential subdivision of 67.7+ acres of unimproved property located northeast of Interstate 15 at Main Street; approximately one - quarter mile northeast of Camino Del Norte (APN 363- 020 -002, 003, 011 through 015, and 018), which includes the development of an adjacent City -owned property (APN 363- 020 -011) as part of a park site; 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, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines Section 15070, it was determined that it was appropriate to prepare and circulate Mitigated Negative Declaration No. 2015 -02 for the Project (the "Mitigated Negative Declaration "); and WHEREAS, pursuant to CEQA Guidelines Section 15072, on December 10, 2013 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 December 10, 2013 and ending on January 8, 2014; and WHEREAS, a Mitigation Monitoring and Reporting Program ( "MMRP ") for the Project has been prepared in accordance with Section 21081.6 of CEQA; and PLANNING COMMISSION RESOLUTION NO. 2015 -16 PAGE 2 OF 4 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 March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS. SECTION 1. The foregoing recitals are true and correct and are hereby incorporated into these findings by this reference. SECTION 2. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Mitigated Negative Declaration. The Planning Commission hereby finds and determines that all public comments have been addressed. SECTION 3. The Planning Commission hereby finds that the Mitigated Negative Declaration for the Project is adequate and has been completed in accordance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA; and recommends to the City Council that it make the same finding. The Planning Commission has reviewed and considered the information contained in the Mitigated Negative Declaration and finds that the Mitigated Negative Declaration represents the independent judgment of the City. SECTION 4. The Planning Commission further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring an additional recirculation of the Mitigated Negative Declaration are present and that it would be appropriate to adopt the Mitigated Negative Declaration as proposed. SECTION 5. The Planning Commission hereby makes, adopts, and incorporates the following findings regarding the lack of potential environmental impacts of the Project and the analysis and conclusions set forth in the Mitigated Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before the Mitigated Negative Declaration and Initial Study was released for public review and mitigation measures set forth in the Initial Study would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Project, there is substantial evidence suggesting that all potential impacts to the environment resulting from the Project can be mitigated to less than significant levels. All appropriate and feasible mitigation has been incorporated into the Project design. The Mitigation Monitoring and Reporting Plan contains an implementation program for each PLANNING COMMISSION RESOLUTION NO. 2015 -16 PAGE 3 OF 4 mitigation measure. After implementation of the mitigation contained in the Mitigation Monitoring and Reporting Plan, potential environmental impacts are effectively reduced to less than significant levels. 2. There is no substantial evidence, in the light of the whole record before the Planning Commission including the initial study and any comments received, that the Project will have significant effect on the environment. Pursuant to the evidence received, including comment letters, and in the light of the whole record presented, the Project will not have a significant effect on the environment. SECTION 6. Based upon the evidence presented and the above findings, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt Mitigated Negative Declaration No. 2015 -02 and the Mitigation Monitoring and Reporting Program for the Tentative Tract Map 36567. SECTION 7. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: John Gr , C airman City of a e isinore Planning mmission ATTEST: Richard J. MacHott, LEED Green Associate Planning Manager STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF !LAKE ELSINORE SS PLANNING COMMISSION RESOLUTION NO. 2015 -16 PAGE 4 OF 4 I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -16 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. MaCHott, LEED Green Associate Planning Manager RESOLUTION NO. 2015 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA REGARDING TENTATIVE TRACT MAP 36567 LOCATED NORTHEAST OF INTERSTATE 15 AT MAIN STREET APPROXIMATELY ONE- QUARTER MILE NORTHEAST OF CAMINO DEL NORTE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF FINDINGS OF CONSISTENCY WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Erik Lunde, South Shore II, filed an application for Tentative Tract Map No. 36567, also referred to as South Shore II, (the "project ") with the City of Lake Elsinore for a residential subdivision of 67.7+ acres of unimproved property located northeast of Interstate 15 at Main Street; approximately one - quarter mile northeast of Camino Del Norte (APN 363- 020 -002, 003, 011 through 015, and 018), which includes the development of an adjacent City -owned property (APN 363- 020 -011) as part of a park site; and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ( "RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and/or City Council; and WHEREAS, the Project is located within MSHCP Criteria Cell 4459 of Cell Group 13% Core or Linkage, and is within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Project was reviewed by the City through its Lake Elsinore Acquisition Process (LEAP) which determined that the Project was consistent with the conservation goals of the MSHCP and no conservation was required on the Project site; and WHEREAS, the Project was reviewed by the Regional Conservation Authority of Western Riverside County (RCA) through its Joint Project Review process, and the PLANNING COMMISSION RESOLUTION NO. 2015 -17 PAGE 2 of 6 RCA determined that the Project would not preclude the ability of MSCHP conservation goals to be reached in the project area; 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 March 17, 2015 at duly noticed public hearings the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed application and its consistency with the MSHCP prior to making a decision to recommend that the City Council adopt Findings of Consistency with the MSHCP for Tentative Tract Map 36567. SECTION 2. That in accordance with the City of Lake Elsinore Municipal Code, and the MSHCP, Findings for adoption have been made as follows: The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency Finding before approval. The proposed project includes a tentative tract map that requires a discretionary approval from the City, including CEQA review. Pursuant to the City's MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with "Other Plan Requirements." These include the Protection of Species Associated with Riparian /Riverine Areas and Vernal pool Guidelines (MSHCP, Section 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, Section 6.1.3), Additional Survey Needs and Procedures (MSHCP, Section 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, Section 6.1.4), Vegetation Mapping (MSHCP, Section 6.5. 1) requirements, Fuels Management Guidelines (MSHCP, Section 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, Section 4). 2. The proposed project was reviewed through the City's LEAP (Lake Elsinore Acquisition Process) and the County's Joint Project Review processes. The proposed project is located within an MSHCP Criteria Cell area, and a formal LEAP submittal was required. It was determined that the proposed project is consistent with the conservation goals of the MSHCP. Additionally, the project is also required to demonstrate compliance with "Other Plan Requirements." The project is in compliance as described further below. PLANNING COMMISSION RESOLUTION NO. 2015 -17 PAGE 3 of 6 3. The proposed project is consistent with the RiparianiRiverine Areas and Vernal Pools Guidelines. No vernal pools exist on the site and therefore vernal pool species are not expected to occur. Section 6.1.2 of the MSHCP focuses on protection of riparian /riverine areas and vernal pool habitat types based on their value in the conservation of a number of MSHCP- covered species. The project will impact 0.13 acres of MSHCP riparian /riverine consisting of ephemeral streamed /swale. Pursuant to the requirements of Section 6.1.2, a Determination of Biologically Equivalent or Superior Protection (DBESP) was prepared. The DBESP concluded that avoidance of the impacted riparian /riverine areas is infeasible and that through the acquisition of mitigation credits supporting equal or superior values, the project would replace lost functions and values and would be considered a biologically equivalent or superior project. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The proposed project site is not located within the Narrow Endemic Plant Species Survey Area (NEPSSA) as shown on Figure 6 -1 of the MSHCP; and therefore no focused survey was required. . 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in CASSA, Amphibian Species Survey Area with Critical Area, Burrowing Owl Survey Areas with Criteria Area, and Mammal Species Survey Areas with Criteria Areas of the MSHCP. The project site is located outside of any CASSA for plants and mammals and no CASSA plant species were observed during the focused surveys for the site. The proposed project is located within the survey area identified for the burrowing owl. A survey for the western burrowing owl were conducted pursuant to the Burrowing Owl Survey Instructions as set forth by the MSHCP and resulted in negative findings of burrowing owl and sign and the lack of burrowing owl habitat. Based upon the above, it can be concluded that the proposed project is consistent with the provisions of the MSHCP. 6. The proposed project is consistent with the UrbanNVildlands Interface Guidelines. The MSHCP Urban/Wildland Interface Guidelines are intended to address indirect effects associated with locating development in proximity to the MSHCP PLANNING COMMISSION RESOLUTION NO. 2015 -17 PAGE 4 of 6 Conservation Area. Indirect impacts to the off -site potential Conservation Area are discussed above under Item 4a, b for the following issues: Drainage, Toxics, Lighting, Noise, Invasive species, Barriers, and Grading /Land Development. As required by the MSHCP, mitigation has been included that would reduce indirect impacts to a less- than - significant level, and would be consistent with the MSHCP. 7. The proposed project is consistent with the Vegetation Mapping requirements. Vegetation mapping was conducted as part of the biological surveys conducted on the entire Project Site and is consistent with the MSHCP Section 6.3.9 Vegetation Mapping requirements. 8. The proposed project is consistent with the Fuels Management Guidelines. The Fuels Management Guidelines presented in Section 6.4 of the MSHCP are intended to address brush management activities around new development within or adjacent to the MSHCP Conservation Area and shall be implemented as part of the Project. As such, the Project is consistent with the Fuels Management Guidelines. 9. The proposed project is conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. 10. The proposed project overall is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3, Based upon the evidence presented and the above findings, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that Tentative Tract Map 36567 is consistent with the MSHCP. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: Joh6 ray, hairman City'of La Elsinore Pla ing Commission PLANNING COMMISSION RESOLUTION NO. 2015 -17 PAGE 5 of 6 ATTEST: , 4701 Richard J. acHott, LEER Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015 -17 PAGE 6 of 6 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS I, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -17 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. acHott, LEER Green Associate Planning Manager RESOLUTION NO. 2015 -18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF TENTATIVE TRACT MAP 36567 LOCATED NORTHEAST OF INTERSTATE 15 AT MAIN STREET APPROXIMATELY ONE- QUARTER MILE NORTHEAST OF CAMINO DEL NORTE, DIVIDING APPROXIMATELY 67.9 ACRES INTO 147 SINGLE- FAMILY RESIDENTIAL LOTS, TWO OPEN SPACE LOTS, THREE OPEN SPACE LOTS FOR A PARK AND ONE OPEN SPACEIWVATER QUALITY BASIN LOT, AND THE GRADING AND USE OF AN ADJACENT CITY -OWNED PARCEL AS PART OF THE PARK WHEREAS, Erik Lunde, South Shore II, filed an application for Tentative Tract Map No. 36567, also referred to as South Shore Il, (the "project ") with the City of Lake Elsinore for a residential subdivision of 67.7± acres of unimproved property located northeast of Interstate 15 at Main Street; approximately one - quarter mile northeast of Camino Del Norte (APN 363- 020 -002, 003, 011 through 015, and 018), which includes the development of an adjacent City -owned property (APN 363- 020 -011) as part of a park site; 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, 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 December 10, 2013 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 December 10, 2013 and ending on January 8, 2014. PLANNING COMMISSION RESOLUTION NO. 2015 -18 PAGE 2 OF 5 WHEREAS, public notice of the tentative tract has been given and on March 17, 2015 at a duly noticed public hearing the Planning Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has reviewed and analyzed the proposed 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. 36567 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 Planning Commission has considered Mitigated Negative Declaration No. 2015 -02 and the Mitigation Measures appertaining thereto. Mitigated Negative Declaration No. 2015 -02 was prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. Appropriate findings were made, and Mitigated Negative Declaration No. 2015 -02 provides the necessary environmental clearance for Tentative Tract No. 36567. SECTION 3. That in accordance with the California Planning and Zoning Laws and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for Tentative Tract No. 36567: 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). a. The design of the proposed map, approximately 67.7 acres divided into 147 single- family residential lots, two open space lots, three open space lots for a park and one open space /water quality basin lot is consistent with the General Plan land use designation of Low - Medium Density Residential. b. The proposed use of the adjacent City -owned parcel for a portion of a park site is consistent with the General Plan land use designation of Open Space. c. The overall average single - family lot size of 7,566 square feet with lots ranging from 6,000 square feet to 16,163 square feet associated with the Tentative Tract Map No. 36567 provide a variety of lots and PLANNING COMMISSION RESOLUTION NO. 2015 -18 PAGE 3 OF 5 potential variety of home size product type in order to implement the objectives of the City's General Plan and the project proponents. 2. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the provisions of the City of Lake Elsinore Municipal Code. a. The Tentative Tract Map is consistent with the adopted R -1 (Single - family Residential) zoning for the subject property. b. The use of the adjacent City -awned parcel for a portion of a park site is consistent with the property's OS (Open Space) zoning. c. The proposed project is consistent with the development standards set for tentative tract maps in Chapter 16 (Subdivisions) of the Lake Elsinore Municipal Code. 3. The effects this project is 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. 36567 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. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. 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. SECTION 4. Based upon the evidence presented, both written and testimonial, and the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council approve Tentative Tract No. 36567. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PLANNING COMMISSION RESOLUTION NO. 2015 - 18 PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED this 17th day of March 2015, by the following vote: John ray, Chairrnz n City of Elsinore Plarpni g Commission ATTEST: "i Richard J. WcHott, LEED Green Associate Planning Manager PLANNING COMMISSION RESOLUTION NO. 2015 -18 PAGE 5 OF 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE SS 1, Richard J. MacHott, Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2015 -18 as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of March 2015, and that the same was adopted by the following vote: AYES: CHAIRMAN GRAY, VICE CHAIR JORDAN, COMMISSIONER ARMIT, COMMISSIONER FLEMING, COMMISSIONER RAY NOES: NONE ABSTAIN: NONE ABSENT: NONE Richard J. acHott, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) GENERAL 1. The proposed project (Tentative Tract Map No. 36567) proposes the subdivision of 67.69 acres (APN 363- 020 -002, 003, 011 through 015, and 018) into 147 single- family residential lots, two open space lots, three open space lots for a park and one open space /water quality basin lot. It also proposes the grading and use of a City -owned parcel (APN 363 - 020 -011) as part of the park. The proposed project is located northeast of Interstate 15 at Main Street; approximately one - quarter mile northeast of Camino Del Norte. Tentative Tract Map (TTM) No. 36567 is immediately east of the Spyglass Specific Plan. 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 Vesting Tentative Tract No. 36567. 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. 36567 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. 36567 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 34 City Council Mare 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE 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. 13, 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. Planning Commission Approved Page 2 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 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 (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. Design for all drainage or water quality basins proposed with TTM No. 36567 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 Gradinq Permits/Building Permits 19. Prior to the issuance of a grading permit, the project applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, including obtaining the necessary authorizations from the regulatory agencies for proposed impacts to jurisdictional waters. Authorizations may include a Section 404 Permit from the U.S. Army Corps of Engineers, a Section 1602 Streambed Alteration Agreement from the California Department of Fish and Wildlife, and a Section 401 Water Quality Certification/Waste Discharge Requirement from the Regional Water Quality Control Board. 20. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: Planning Commission Approved Page 3 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 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. 21. All signage shall be subject to Planning Division review and approval prior to installation. 22. 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. 23. The applicant shall prepare a list of proposed street names for review and approval by the Planning, Building, and Fire Departments of the City. 24. Provisions of the City's Noise Ordinance (LEMC Chapter 17.175) 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. 25. The applicant shall comply with all applicable City Codes and Ordinances. Planning Commission Approved Page 4 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE If) 26. 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. 27. Construction phasing shall be implemented in accordance with the approved Phasing Plan which avoids construction traffic from entering occupied neighborhoods within the tract. 28. 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. 29. 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. 30. 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. 31. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit. 32. 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. 33. All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development 'Director, prior to issuance of building permit. 34. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 percent plant coverage using a combination of drip and conventional irrigation methods. Construction Landscape & Irrigation drawings shall be prepared, reviewed and approved by the City's Landscape Planning Commission Approved Page 5 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 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. 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" l climate - appropriate) plants; Planning Commission Approved Page 6 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 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. 1. All landscaping and irrigation shall comply with the water - efficient landscaping requirements set forth in LEMC Chapter 19.08 (Wafter Efficient Landscape Requirements), as adopted and any amendments thereto. 35. 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. Planning Commission Approved Page 7 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) PUBLIC WORKS DEPARTMENT/ ENGINEERING DIVISION General 36. All slopes and landscaping within public right -of -way shall be maintained by the property owner or property owner's association or another maintenance entity approved by the City Council. 37. Any portion of the drainage system that conveys runoff from open space shall be installed within a dedicated drainage easement. 38. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way shall be owned and maintained by property owner or property owner's association. 39. 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. 40. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and or diversion of drainage. 41. 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. 42. An Encroachment Permit shall be obtained prior to any work on City, County and /or State right -of -way. 43. All required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. Fees 44. The developer shall pay all Engineering Division assessed, Development Impact Fees, Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include but are not limited to: Stephens Kangaroo Habitat Fee (K -Rat), Traffic Infrastructure Fee (TIF), Transportation Uniform Mitigation Fee (TUMF), and Area Drainage Fee. Planning Commission Approved Page 8 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE 11) 45. Mitigation Fees will be assessed at the prevalent rate at time of payment in full. Storm Water Management 1 Pollutant Prevention f NPDES Design 46. The project is responsible for complying with the Santa Ana Region NPDES Permits as warranted based on the nature of development and/or activity. These Permits include: a. General Permit - Construction b. MS4 47. The 2010 SAR MS4 Permit requires implementation of 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) ; (Section XII.E.2, XII.E.3,and XI1.E.7) 48. Preventative measures (these are mostly non - structural measures, e.g., preservation of natural features to a level consistent with the MEP standard; minimization of Urban Runoff through clustering, reducing impervious areas, etc.) 49. The Project shall 'Infiltrate, harvest and use, evapotranspire and/or bio -treat the Design Capture Volume (DCV). 50. The Project shall consider a properly engineered and maintained bio - treatment system only if infiltration, harvesting and use and evapotranspiration cannot be feasibly implemented at the project site. 51. Any portion of [the DCV] that is not infiltrated, harvested and used, evapotranspired, and /or biotreated shall be treated and discharged in accordance with the requirements set forth in Section XII.G. 52. The project shall implement LID practices that treat the 85th percentile storm. 53. Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 54. Hydromodification 1 Hydraulic Conditions of Concern -- The project shall identify potential Hydraulic Conditions of Concern (HCOC) and implement measures to limit disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. Planning Commission Approved Page 9 of 34 City Council Marc 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE 11) 55. CEQA — If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Division. Construction 56. Both a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) for post construction are required for this project. 57. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated as necessary and be available for review upon request. Projects that are not subject to coverage under the General Permit — Construction will prepare and implement an Erosion and Sediment Control Plan in compliance with the California Building Code and Local Ordinances. 58. Prior to grading or building permit the applicant shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the letter of notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. 59. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City's NPDES Program and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as applicable, kept updated as needed to address changing circumstances of the project site, be kept at the project site and available for review upon request. Post Construction 60. A preliminary WQMP shall be submitted during the project entitlement stage. The level of detail in a preliminary Project - Specific WQMP will depend upon the level of detail Planning Commission Approved Page 10 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE ll) known about the overall project design at the time project approval is sought. At a minimum, the preliminary Project- Specific WQMP shall identify the type, size, location, and final ownership of Stormwater BMPs adequate to serve new roadways and any common areas, and to also manage runoff from an expected reasonable estimate of the square footage of future roofs, driveways, and other impervious surfaces on each individual lot 61. The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for preparation of both the preliminary and final WQMP. 62. The project shall complete and submit for review and approval to the Engineering Division a final WQMP, incorporating the LID Principles and Stormwater BMPs committed to in the preliminary Project - Specific WQMP. The final WQMP shall be approved prior to issuance of any grading or building permit. 63. Operation and Maintenance (O &M) Plan and Agreement that (1) describes the long- term operation and maintenance requirements for BMPs identified in the BMP Exhibit, (2) identifies the entity that will be responsible for long -term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long -term operation and maintenance of the referenced BMPs. The City format shall be used. 64. All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain" using the City authorized marker to prevent illegal dumping in the drain system. 65. Prior to the issuance of a certificate of use and/or occupancy: a. The applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial /commercial, MS4, etc. to include: I. Demonstrate that all structural Best Management Practices (BMP's) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications. II. Demonstrate that the project has complied with all non - structural BMPs described in the project's WQMP. III. Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. IV. Submit a copy of the fully executed, recorded Operations and Maintenance (O &M) Plan for all structural BMPs. V. Demonstrate that copies of the project's approved WQMP (with recorded Planning Commission Approved Page 11 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) O &M Plan attached) are available for each of the initial occupants (commercial /industrial) or HOA as appropriate. VI. Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O &M Plan. A signed /sealed certification from the engineer of work dated 12 months after C of O will be considered in lieu of a Special investigation by the C ity. b. Provide a recorded copy of one of the following: I. CC &R's (they must include the approved WQMP and O &M Plan) for the project's Home Owners Association. II. A water quality implementation agreement has the approved WQMP and O &M Plan attached; or III. The final approved Water Quality Management Plan and Operations and Maintenance Plan, Final Tract or Parcel Map 66. The developer shall submit for plan check review and approval a final map. 67. Streets to be dedicated will be shown as lettered lots on the tentative map. 68. Phasing plan, if any, shall be approved by the City Engineer prior to issuance of any permits. 69. Prior to City Council approval of the final Tract Map the developer shall, in accordance with Government Code, have constructed all improvements or have improvement plans submitted and approved, agreements executed and securities posted. 70. The Final Tract Map shall include the phasing boundaries consistent with the parcels of the Tentative Tract Map. The phasing boundaries or parcels shall be processed as separate tract maps. Utilities 71. All arrangements for all required relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 72. All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of the Planning Commission Approved Page 12 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) Lake Elsinore Municipal Code (LEMC) 73. 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. 74. 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). 75. 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. 76. The developer shall provide, for City plan check, approval and execution, a grant of easement with legal description and exhibits, granting a storm drain easement for construction and maintenance to HOA or other developer approved maintenance entity. Improvements Design 77. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. 78. Sight distance into and out of the project location shall comply with CALTRANS Standards. 79. The developer shall install permanent bench marks per City of Lake Elsinore Standards and at locations to be determined by City Engineer. 80. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 81. The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 82. 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 Planning Commission Approved Page 13 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL. FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) exceeded, drainage facilities shall be provided. 83. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 84. 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. 85. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off -site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 86. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 87. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.1 06.3). 88. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 89. If not complete at time of first building permit, the developer shall construct half width street improvements on Camino Del Norte from Main Street to Elsinore Hills Road such that the right -of -way width conforms to General Plan right -of -way cross sections. The cross section of roadway improvements with a raised median (if applicable, developer shall pay cash -in -lieu of construction of 1/2 the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development as recommended by the City. 90. If not complete at time of first building permit, the developer shall construct half -width street improvements on Elsinore Hills Road from Camino del Norte to the tract boundary Planning Commission Approved Page 14 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) per General Plan street right -of -way requirements. The cross section of roadway improvements with a parkway, street lights, and multiuse trail shall be consistent with other proposed development as required by the General Plan and the improvements shall be constructed to the satisfaction of the City Engineer. 91. If not completed at time of first building permit, the developer shall construct the two points of access to TTM 36567. These streets are called out as Streets C & D in the traffic study, also known as CC Street and BB Street on TTM 35337, and called out as the primary and secondary access on Tentative Tract Map No. 36567. 92. The developer shall construct full width street improvements and dedicate the right of way on "Lots A — G ", as shown on the Tentative Tract Map No. 36567. 93. The developer shall implement mitigation measures identified in the Traffic Impact Analysis dated July 15, 2013, as specified in Section VI of this Study to the satisfaction of the City Engineer. 94. The developer shall install a one -way stop sign at the Camino del Norte /Elsinore Hills Road intersection. 95. Street improvement plans shall be prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 96. The developer shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures on local streets. 97. This project shall provide trail and 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. Permitting /Construction 98. 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 executed agreements, security and other required documentation prior to issuance. 99. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Planning Commission Approved Page 15 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 100. The developer shall be responsible for acquiring right -of -ways in which the developer or the City has no legal title or interest. If the developer is unsuccessful in acquiring such right -of -ways, the City could assist the developer in the Eminent Domain process at developer's cost. 101. All streets shall be constructed per Lake Elsinore City Standards and/or applicable specific plan. Any deviation from City standards shall be approved by the City Engineer. Acceptance of Improvements 102. The developer shall provide fair share costs, as approved by the City Engineer, if the ultimate road improvements are not subject to TUMF or established City of Lake Elsinore fees for the ultimate road improvements as follows: a. Main Street/1 -15 Ultimate Interchange Upgrade and Project Study Report 103, The developer shall submit a written request for acceptance to the City Engineer. 104. As -built plans shall be completed and signed by the City Engineer. Grading Design 105. 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). 106. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 107. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 108. 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 Planning Commission Approved Page 16 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 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. 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. 110. The developer shall obtain all necessary off -site easements and /or permits for off -site grading and the applicant shall accept drainage from the adjacent property owners. PermittConstruction 111. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 112. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 113. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) fetter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program 114. 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) 115. All export material shall be discharged into a legal disposal site. No permittee shall process, including, but not limited to, crush, sift, or segregate, excavated earth materials on site for export and commercial sale without first obtaining a permit pursuant to Chapter 14.04 LEMC regarding surface mining and reclamation. 116. Export sites located within the Lake Elsinore City limits must have an active grading permit. 117. 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 Planning Commission Approved Page 17 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) payment of damages to the public right -of -way, subject to the approval of the City Engineer. 118. 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. 119. 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. 120. Approval of the project Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 121. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 122. Developer shall pay all grading permit applicable processing, permit, security and development fees including those fees identified in an applicable development agreement, and Stephens Kangaroo Rat Habitat. Prior to Issuance of Building Permit: 123. All required public right -of -way dedications, easements, drainage easements and easement agreement(s) not processed on the final map for ingress and egress through adjacent property(ies) shall be recorded with a recorded copy provided to the City prior to building permit issuance. 124. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 125. The primary and secondary access (Streets C and D identified in the Traffic Study), shown on Tentative Tract Map No. 36567 shalt be completed, prior to first building permit, if they have not been improved by the Spyglass development. 126. The Parcel or Final Tract Map shall be recorded. 127. The developer shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Planning Commission Approved Page 18 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) Prior to Occupancy 128. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 129. 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. 130. The fair share cost of future improvements as a condition of this development shall be paid. 131. All water and sewer improvements shall be completed in accordance with Water District requirements. 132. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 133. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time of payment in full in accordance with the LEMC. 134. 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. 135. 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. 136. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8 '/z x 11" mylar) shall be submitted in .tif format on a CD /DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 137. All plan sets and recorded maps shall be digitized and provided on CD /DVD as follows: a. Final Map(s) - GIS Shape files* and .tif of recorded map. b. Improvement Plans — GIS Shape files* and .tif of approved as built mylar. C. Grading Plans - .tif of approved as built mylar. *GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. Planning Commission Approved Page 19 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 138. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 112 x 11" mylar) shall be submitted in .tif format on CD to the Engineering Division before final inspection will be scheduled. 139. 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. 140. All signing and striping and traffic control devices onsite and on Elsinore Hills Road and Camino del Norte shall be installed to the satisfaction of the City Engineer. 141. 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. 142. Prior to grading or building permit close -out and /or the issuance of a certificate of use or a certificate of occupancy, developer shall: a. Demonstrate that all structural BMPs have been constructed, installed and are functioning in conformance with approved plans and specifications and the WQMP; b. Demonstrate that they are prepared to implement all non - structural BMPs included in the conditions of approval or building /grading permit conditions; c. Demonstrate that an adequate number of copies of the approved project specific WQMP are available for the future owners /occupants; and d. The 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 the approved WQMP in the Riverside County NPDES Drainage Area Management Plan. Contact the City NPDES Coordinator for handout/guideline information. 143. 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. 144. Developer shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, Stephens Kangaroo Rat Habitat and Planning Commission Approved Page 20 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE 11) area drainage prior to occupancy /final approval. COMMUNITY SERVICES DEPARTMENT 145. Open space lots AA, BB and CC including trails shall be owned and maintained by the Homeowner's Association (HOA). 146. Community Services shall review and approve the proposed drainage easement on the off -site City owned property. 147. The public park shall be included in the Community Facility District for Maintenance Services. 145. At a minimum, the park shall provide on -site parking with 12 -15 spaces, security lighting, lockable entry gate, children's play area, covered picnic area, concrete walking paths and park monument sign. 149. The design of the proposed park site (Open space lots DD, EE, FF and the City owned property) shall provide pedestrian circulation and shall be in compliance with American with Disabilities Act (ADA) requirements. 150. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided. 151. Construction plans and specifications for the park shall be reviewed and approved by the Director of Community Services prior to the approval of the final map. 152. The developer shall post security and enter into a park improvement agreement to improve the public park prior to issuance of the first building permit. 153. Construction of the park shall commence pursuant to a pre - construction meeting with the developer, the developer's construction contractor and City representatives. Failure to comply with the City's review and inspection process may preclude acceptance of the park by the City. 154. The developer, the developer's successor or assignee, shall be responsible for all maintenance of the public park, including the 90 day maintenance period, until such time as those responsibilities are accepted by the City. Planning Commission Approved Page 21 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 155. The public park lots DD, EE and FF shall be improved and then conveyed to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall be provided with the conveyance of the property. 156. The public park shall be completed to the satisfaction of the Director of Community Services, including the 90 -day maintenance period and fee title dedicated to the City prior to the issuance of the 75'" building permit. FIRE PROTECTION PLANNING OFFICE General Conditions 157. 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. 158. 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. 159. 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. Standard Fire hydrants shall be installed (6 "x4 "x2- 112"). 160. 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 Planning Commission Approved Page 22 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE Il) and or Section R327 of the California Residential Code. Roofing Materials shall be classified at not less than class "A ". 161. Minimum Access Standards - The following access requirements are required to be implemented to ensure fire department and emergency vehicular access. All roadways shall conform to the City of Lake Elsinore approved roadway standards but in no case shall the minimum fire department vehicular access be less the following provisions: 1. Twenty -four feet (24') clear width. Where parking is to be provided, each parking side shall be provided with eight (8') additional feet on each side of the fire department access. 2. Median openings or crossovers between opposing lanes of a divided highway or street shall be located only at approved intersections at intervals of not less than 500 feet. [Ord. 529 § 3.2(F), 1973]. 3. The required all weather vehicular access shall be able to support no less than 70,000 lbs. over 2 axles. 4. Roadway gradient shall not exceed 15% on any access road, driveways, and perimeter roads. 5. Turning Radius shall be 26' inside and 38' outside for all access roads. 162. 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. Prior to Grading Permit Issuance 163. 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. Prior to Building Permit Issuance 164, 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). 165. Water System Plans - Applicant and/or developer shall submit 2 sets of water system plans to the Fire Department for review. The plans must be signed by a registered Civil Planning Commission Approved Page 23 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 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. 166. 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 167. 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. 168. Designated Fire Lanes - The applicant shall prepare and submit to the Fire Department for approval, a site plan designating required fire lanes with appropriate lane painting and/ or signs. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2015 -1 (Safety) Law Enforcement Fire and Paramedic Services CFD 169. Prior to approval of the Final Map, Parcel Map, Site Development Plan, 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. 20151 (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 24 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) Form Communitv Facilities District No. 2015 -3 South Shore 170. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant may form Community Facilities District to allow for the funding of (i) public facilities and (ii) 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 ( "Maintenance Services ") to offset the annual negative fiscal impacts of the project. Alternatively, if a CFD is not formed pursuant to the preceding sentence, applicant shall: (a) form a CFD solely for Maintenance Services or annex into an existing CFD for such services (e.g. Community Facilities District No. 2015 -2 (Maintenance Services), or (b) the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. 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. Contact the Administrative Services Director at 951 - 674 -3124. RIVERSIDE COUNTY WASTE MANAGEMENT DEPARTMENT RCWMD 171. Prior to the issuance of a grading permit, the Applicant shall submit an updated Phase 1 Environmental Assessment that includes the "head parcel" of the closed Elsinore Landfill (i.e., APN 363 - 020 -011). A copy of the Report shall also be submitted by the Applicant to the Riverside County Waste Management Department (RCWMD). 172. Prior to the issuance of a grading permit, the Applicant shall conduct a subsurface investigation on the "head parcel" to determine the presence of buried waste and subsurface soil conditions for the presence of landfill gas constituents. Copies of the report of the investigation shall be submitted to the City, RCWMD, the Local Enforcement Agency (Riverside County Environmental Health) and the Regional Water Quality Control Board, The Report shall be subject to approval by RCWMD. 173. Prior to the issuance of a grading permit, the Applicant shall provide the City with a letter from the RCWMD documenting the coordination between the RCWMD and Applicant as it relates to the abandonment of a groundwater monitoring well located within the tract's grading limits. 174. Prior to issuance of a grading permit, the Applicant shall provide the City with a letter Planning Commission Approved Page 25 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) from the RCWMD documenting that the tract's drainage flows will not jeopardize the landfill's integrity and/or operation of its drainage facilities. 175. Prior to issuance of a grading permit, the Applicant shall make a deposit of $40,000 to RCWMD for the financing of the installation of at least nine (9) additional perimeter gas probes on the landfill boundary, in compliance with SCAQMD Rule 1150.1. 176. Prior to issuance of building permits, the Applicant shall provide the City with a letter from the RCWMD documenting that either no housing units are within the 300 -foot limit from the refuse disposal footprint or landfill gas migration will not affect any of the proposed housing units. Otherwise, the applicant shall submit a vapor barrier design and construction plan to the RCWMD for review and approval. Such design and plan shall be prepared by a licensed professional engineer and meet the applicable building standards. The vapor barriers shall be installed in the foundations of the housing units on lots that are facing the landfill and within 300 feet from the refuse disposal footprint. 177. Prior to the final inspection and occupancy of the first dwelling unit, the Applicant shall provide the City with a letter from the RCWMD documenting that the additional perimeter gas probes required per SCAQMD Rule 1150.1, were installed and fully funded. 178. Where vapor barriers are required pursuant to Condition of Approval No. 176, prior to final inspection and occupancy, the Applicant shall provide the City with a letter from the RCWMD documenting that vapor barriers have been installed according to the approved design and construction plan for the designated housing units. MITIGATED NEGATIVE DECLARATION NO. No. 2 015 -01 (SCH # 2013121035) MITIGATION MEASURES 179. 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 -01, which was adopted for this project. a. MM Air 1: To control fugitive dust, the proposed project shall adhere to best management practices (BMPs), which shall include, but are not limited to, the following: I. Water, or non -toxic soil stabilizers according to manufacturers' specifications, shall be applied to exposed soils (including unpaved parking or staging areas, Planning Commission Approved Page 26 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) unpaved road surfaces, and active construction areas) at least three times per day as required per SCAQMD Rule 403 (Fugitive Dust). 11. Soil stabilizers or water shall be applied to inactive disturbed areas. Ill. A high wind dust control plan shall be prepared and implemented. IV. All stock piles shall be covered with tarps at the end of each day or as needed. V. Water spray shall be provided during loading and unloading of earthen materials. VI. In -out traffic shall be minimized from the construction zone. VII. Gravel pads will be installed at all construction access points. VIII. Trackout control devices will be installed at unpaved construction access points from public streets. IX. All roadways, driveways, sidewalks and other similar improvements will be completed as soon as is feasible and possible. X. All trucks hauling dirt, sand, or loose material shall be covered and/or required to maintain at least 2 feet of freeboard. XI. Streets shall be swept daily if visible soil material is carried out from the construction site. X11. A contractor's representative will be designated as the dust control manager and signage will be erected to identify the means of dust control manager contact. Developer shall use its best efforts to take remedial action within twenty -four (24) hours after notification of any dust control issues related to the project. b. MM Air 2: To control diesel exhaust, the proposed project shall include the following combustion emission control measures: I. Well -tuned off -road construction shall be utilized. 11. All diesel powered construction equipment in use shall require control equipment that meets, at a minimum, Tier III emission requirements, Ill. Developer shall use its best efforts to require and ensure that the contractor or builder shall restrict truck operation to "clean" trucks, such as a 2007 or newer model year or 2010 compliant vehicles. Planning Commission Approved Page 27 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) . IV. Developer will require that all contractors turn off all construction equipment and delivery vehicles when not in use and prohibit idling in excess of three minutes. Easily visible signs will be posted at the project site informing contractors and operators of this requirement. C. MM Air 3: The project would implement the following measures to further reduce construction air quality impacts: I. Project construction will commence in conjunction with the completion of Streets "C" and "D" pursuant to the specific plan requirements for the Spyglass Ranch Specific Plan. 11. Temporary traffic controls, including, but not limited to, flag persons will be utilized as necessary for safety and smooth traffic flow. III. All construction haul routes will be selected to minimize conflicts with off -site congestion and avoid, to the extent feasible and possible, pollution sensitive areas.. IV. Developer will provide construction parking on the project site. V. Construction worker ride - sharing will be encouraged and monitored by Developer. V1. Developer will allow for on -site lunch opportunities, including, without limitation, food trucks, for construction workers during the period of project construction. VII. Developer will work with the City to, as and where necessary, ensure that traffic signals are synchronized to minimize, to the extent feasible and possible, additional congestion as a result of construction of the project. VI 11. Developer will work with Caltrans to ensure, to the extent feasible and possible, adequate Levels of Service (LOS) at impacted freeway on- and off - ramps close to the project site. d. MM Biology 1: Clearing and grubbing shall occur outside of the bird breeding season (February 1 to August 31), unless a qualified biologist demonstrates to the satisfaction of the City that all nesting is complete through completion of a Nesting Bird Clearance Survey. A Nesting Bird Clearance Survey report shall be submitted to the City for review and approval prior to initiating clearing and grubbing during the breeding season. Planning Commission Approved Page 28 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) e. MM Biology 2: Impacts to Riversidean sage scrub shall be mitigated through payment of the MSHCP Local Mitigation Development Fee. The MSHCP Local Mitigation Development Fee in the amount of $1,938 per dwelling unit must be paid at the time a certificate of occupancy is issued for the residential unit or development project or upon final inspection (whichever occurs first). f. MM Biology 3: The following measures shall be undertaken to further minimize potential indirect impacts associated with project construction and operation: I. In the event that pre- construction surveys reveal the presence of sensitive species within the project footprint and including a 100 -foot buffer, grading for future development adjacent to the MSHCP Conservation Area or proposed Open Space Areas during the nesting season shall include temporary noise barriers that provide at least 10 dBA in attenuation, or other measures shown to similarly minimize noise impacts to sensitive species. Any such barriers shall break the line of sight from noise generators to the Conservation or Open Space area. II. Enclosure fences (e.g., wood, tubular steel) shall be installed adjacent to the MSHCP Conservation Area and any Open Space areas along with other barriers such as native landscaping. Signs shall be posted at potential access points of the MSHCP Conservation Area and the project Open Space area informing residents of the wildlife habitat value of open space and other language appropriate to minimize unauthorized public access, pet encroachment, domestic animal predation, illegal trespass or dumping (e.g. "no trespassing," "pets to be kept on leash," "no dumping "). 111. Developer shall not install invasive species listed at Volume 1, Table 6 -2 of the MSHCP. Developer shall provide language in any covenants, conditions, and restrictions (CC &Rs) created for the project which states that non - native plants and invasive species specified at Volume 1, Table 6 -2 of the MSCHP shall be prohibited within the limits of the project. Table 6 -2 shall be appended to the CC &Rs for reference. IV. Might lighting shall be directed away from the MSHCP Conservation Area and any proposed Open Space Areas to protect species from direct night lighting. All outdoor lighting shall be uni- directional, fully shielded, and situated to ensure ambient lighting in the MSHCP Conservation Area and Open Space Areas is not increased. g. MM Cultural 1: Prior to issuance of grading permit(s) for the project, the project applicant shall retain an archaeological monitor to monitor all ground- disturbing Planning Commission Approved Page 29 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. h. MM Cultural 2: At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate* Native American Tribal Representative (Representative) to notify the Representative of the intention to pull permits which signifies the initiation of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Representative to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the responsibilities and participation of Native American Tribal monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites and human remains discovered on the site. ( *It is anticipated that the Pechanga Tribe would be the "appropriate" Tribe due to their prior and extensive history with the City on this and other projects in determining potentially significant impacts and appropriate mitigation measures; due to their previous MILD calls within the City and the proximity of tribal reservations lands to the City.) MM Cultural 3; Prior to issuance of any grading permit, the project archaeologist shall file a pre - grading report with the City and County (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in MM Cultural 2, the archaeological monitor's authority to stop and redirect grading will be exercised in consultation with the Appropriate Tribe in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. MM Cultural 4: The landowner or its authorized representative shall agree to return all cultural resources, including Native American ceremonial and cultural artifacts, burial goods and all archaeological artifacts that are found on the project site to the Appropriate Tribe for proper treatment and disposition. The landowner or its authorized representative shall agree to waive any and all claims to ownership of Native American ceremonial and cultural artifacts that may be found on the project site within a reasonable time period agreed to by the parties involved, not to exceed 30 days from the initial recovery of items. Planning Commission Approved Page 30 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO, 36567 (SOUTH SHORE Il) k. MM Cultural 5: All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM Cultural 6: In the event that human remains are encountered during the course of the project, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur at the location of the find until the Riverside County Coroner has been notified and made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5079.98, 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 notify the Native American Heritage Commission, which 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. m. MM GHG 1: The project shall provide pedestrian infrastructure, including sidewalks along new streets, that provides connections to existing and /or proposed adjacent uses. n. MM GHG 2: The project shall provide connectivity to area wide bikeway networks. o. MM GHG 3: The project shall provide 15- gallon non- deciduous, umbrella -form trees in strategic locations around buildings, as shade for parking lot and street pavement, and on landscaped slopes or at the future park site. Trees shall be planted one per 30 linear feet of boundary length near buildings, pursuant to Measure E 1.1 of the City's Climate Action Plan. p. MM GHG 4: Developer shall use its best efforts to require new homes constructed within the project to exceed the 2013 California Building Energy Efficiency Standards requirements by a minimum of 5 percent. q. MM GHG 5: The project shall comply with the City's Uniform Building Code requirements to reduce indoor water consumption by 30 percent from the existing default baseline. r. MM GHG 6: Electrical outlets will be installed on the exterior walls of all residential buildings to promote the use of electric landscape maintenance equipment. Planning Commission Approved Page 31 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) S. MM GHG 7: Electrical outlets will also be installed in all garages and at or adjacent to carports to facilitate and encourage the charging of electric vehicles. t. MM Hazards 1: All spills or leakage of petroleum products during construction activities shall immediately be contained, the hazardous material identified, and the material remediated in compliance with applicable state and local regulation regarding cleanup and disposal of the contaminant released. The contaminated waste shall be collected and disposed of at an appropriately licensed disposal or treatment facility. U. MM Hazards 2: Prior to the issuance of building permits, the applicant shall comply with the following: I. The project applicant shall participate in the Development Impact Fee program, as adopted by the City of Lake Elsinore, to the extent applicable. II. All water mains and fire hydrants shall be constructed in accordance with Riverside County Ordinance No. 460 and/or No. 787.1. III. The project shall provide an alternate or secondary access. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department. V. MM Noise 1: The construction contractor shall complete the following to reduce construction noise to the levels specified in the Lake Elsinore Municipal Code: During all project site excavation and grading, the construction contractors shall equip all construction equipment (fixed or mobile) with properly operating and maintained mufflers, consistent with manufacturers' standards. The construction contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. II. The construction contractor shall locate equipment staging in areas that will create the greatest distance between construction- related noise sources and noise sensitive receptors nearest the project site during all project construction. Ill. Temporary noise barriers with a Sound Transmission Class (STC) rating of at least 20 (e.g., vinyl acoustic curtain [STC rating 22] or quilted blanket [STC rating 22]) will be installed when project construction occurs within 100 feet of existing sensitive receptors. Any such barriers will break the line of sight from noise generators to sensitive receptors. They will also be constructed as Planning Commission Approved Page 32 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) close to the sensitive receptor as possible to achieve the greatest attenuation effect and have no gaps or openings. Such barriers will be maintained so long as construction occurs in the area adjacent to any existing sensitive receptors. IV. 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 a.m. and shall cease no later than 5:00 p.m., Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 a.m. and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. V. The construction contractor shall limit haul truck deliveries to the same hours specified for construction equipment. To the extent feasible, haul routes shall not pass sensitive land uses or residential dwellings. VI. If construction would occur in close proximity to already occupied Spyglass Ranch homes, measures such as the use of smaller grading equipment or the erection of temporary barriers would be employed. VII. For the duration of construction activities, the construction manager will serve as the contact person should noise levels become disruptive to local residents. Developer will post a publicly visible sign with the telephone number and person to contact regarding noise complaints. The construction manager, within seventy -two (72) hours of receipt of a noise complaint, will either take corrective actions or, if immediate action is not feasible, provide a plan or corrective action to address the source of the noise complaint. W. MM Public Services 1: Prior to the issuance of building permits, the project applicant shall participate in the Development Impact Fee program as adopted by the City of Lake Elsinore to the extent applicable. X. MM Traffic 1: The project shall participate in the phased construction of the off -site intersection improvements (e.g., traffic signals) through payment of established City of Lake Elsinore fees, participation in the Western Riverside Transportation Uniform Mitigation Fees program, payment of the project's fair share traffic contribution, assessment district and/or community facilities district financing, and construction of off -site facilities under appropriate fee credit agreements. Planning Commission Approved Page 33 of 34 City Council March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) y. MM Traffic 2: Sight distance at project access shall be reviewed with respect to standard Caltrans and City sight distance standards. 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 bestowal of grading permits. 180. 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 34 of 34 City Council March 17, 2015 April 14, 2015