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HomeMy WebLinkAboutPC Reso No 2015-18RESOLUTION 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 SPACE/WATER 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 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, 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. 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 -owned 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, Chairman City afke Elsinore Plarni g Commission ATTEST: Richard J. WacHoft, 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 I, 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. MacHoft, LEED Green Associate Planning Manager CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) c'7�II�sjl 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 March 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 Desiqn 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 Grading 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 17.176) shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. 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 II) 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" / 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 ll) 3) Requires an efficient irrigation system that includes: a. ET -Based ( "Smart irrigation ") controller(s) with weather - sensing, automatic shut -off and seasonal adjustment capabilities; b. Efficient irrigation water application through use of: i. Low - volume point- source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and /or ii. Spray or rotor -type nozzles for areas a minimum of eight (8) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71. 4) Improvement of soil structure for better water retention; and 5) Application of mulch to hinder evaporation. i. The Final landscape plan shall be consistent with any approved site and /or plot plan. j. The Final landscape plan shall include planting and irrigation details. k. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. I. All landscaping and irrigation shall comply with the water - efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. 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 ll) 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 ll) 45. Mitigation Fees will be assessed at the prevalent rate at time of payment in full. Storm Water Management / Pollutant Prevention / 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 X/I.E.2, XII.E.3,and XII.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 / 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 March 17, 2015 April 14, 2015 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 36567 (SOUTH SHORE II) 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 II) 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. lll. 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 0 will be considered in lieu of a Special Investigation by the City. 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. ll. 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 4.106.3). 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 '/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 '' /z" 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. 109. 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. Perm it/Construction 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) letter 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 shall 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 '/2 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 II) 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. 148. 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 75th 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- 1/2 "). 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 II) 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]. 1 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 ll) 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. 2015 -1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello -Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall make a seven thousand five hundred dollar ($7,500) non - refundable deposit to cover the cost of the formation or annexation process, as applicable. The applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City in lieu of creating /annexing into a district. Contact the Administrative Services Director at 951 - 674 -3124. Planning Commission Approved Page 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. 2015 -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). II. Soil stabilizers or water shall be applied to inactive disturbed areas. III. 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. XII. 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. Il. All diesel powered construction equipment in use shall require control equipment that meets, at a minimum, Tier III emission requirements. III. 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. II. 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. VI. 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. VIII. 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 ll) 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 "). III. 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. Night 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. j. 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 ll) 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. I. 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. 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: I. 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. ll. 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. III. 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