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HomeMy WebLinkAboutCC Reso No 2016-055 Approving an Extension of Time for Six Yrs.RESOLUTION NO. 2016 - 055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR SIX (6) -YEARS FOR TENTATIVE TRACT MAP NO. 33725, ENDING ON SEPTEMBER 26, 2021 WHEREAS, Shopoff Realty Investments, representing SPT -AREP III Tuscany Associates, LLC, submitted a request for a three (3) year extension of time for Tentative Tract Map No. 33725 on December 23, 2015; and WHEREAS, the Lake Elsinore Municipal Code Section 16.24.160 requires that a land divider wishing to extend the life of a tentative tract map make a written application to the City Council not less than thirty (30) days prior to the expiration of the tentative tract map requesting an extension of time on the map; and WHEREAS, on April 26, 2016, at a duly noticed public hearing the City Council has considered the recommendation of City staff as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has reviewed and analyzed the proposed extension of time for Tentative Tract Map No. 33725 prior to making its decision to extend the life of the map for a period of six (6) years. SECTION 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code Section 66000 et. seq.) and the City of Lake Elsinore Municipal Code Section 16.24.160, the City Council makes the following findings for the approval of an extension of time for Tentative Tract Map No. 33725: 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. Tentative Tract Map 33725 is located in the Ramsgate Specific Plan General Plan designation. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. c. Recreational amenities have been provided in a manner consistent with the General Plan. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density and design is consistent and compatible with the adjacent communities. Reso. No. 2016 -055 Page 2 of 3 3. Effects that the Map are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The Map is consistent with the City's General Plan. During the approval of the General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b.. The Map has been conditioned to annex into Community Facilities District No. 2015 -1 (Safety and Law Enforcement, Fire and Paramedic Services, Mello- Roos) to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. C. The Map has been conditioned to annex into the City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services) to fund the on -going operation and maintenance of the public right -of -way, landscaped areas, and neighborhood parks to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. 4. Subject to the attached conditions of approval, the proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a. An Initial Study was prepared for the project. The Initial Study identified potentially significant environmental effects but proposals made or agreed to by the applicant avoid the effects or mitigate the effects to a point where no significant effects would occur. b. When examining the project in light of the conditions of approval and mitigation measures there is no substantial evidence that the project may have a significant effect on the environment. C. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 33725 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. Tentative Tract Map No. 33725 has been designed in a manner consistent with the General Plan and does not divide previously established communities. 6. The design of the proposed division of land or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or request for access have been incorporated into the design of Tentative Tract Map No. 33725. Reso. No. 2016 -055 Page 3 of 3 b. The Map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied. SECTION 3. Based upon the evidence presented, both written and testimonial, and the above findings, the City Council hereby approves a six (6) -year extension of time for Tentative Tract Map No. 33725, ending on September 26, 2021, incorporating the attached revised Conditions of Approval. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Lake Elsinore, California, held on April 26, 2016. PASSED AND ADOPTED on this twenty -sixth day of April 2016. C J Brian ,Mayor ATTEST: t Susan M. Domen, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) APPROVED AS TO FORM: Barbara Leibold City Attorney I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2016 -055 was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 26, 2016, and that the same was adopted by the following vote: AYES: Council Members Hickman and Manos, Mayor Pro Tern Magee and Mayor Tisdale NOES: None ABSENT: Council Member Johnson ABSTAIN: None Susan M. Domen, MMC City Clerk FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open space lots on APNs 349 - 240 -006. 349 -240 -043 thru —047. 349- 240 -054 thru --056; 349 -380 -024 and —025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 PLANNING DIVISION 1. Tentative Tract Map No. 33725 will expire on September 26, 2021 unless within that period of time a final map has been filed with the County Recorder. 2. Tentative Tract Map No. 33725 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and /or 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 subject project. 4. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. The applicant shall comply with the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006 -04 for Ramsgate Specific Plan No. 89 -1 Fifth Revision, unless superceded by these Conditions. 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. 6. This map must comply with the Development Standards and Design Guidelines approved with the Ramsgate Specific Plan No. 89 -1 Fifth Revision (SP). Construction of the property is subject to all the Conditions of Approval of the SP unless superceded by these conditions. a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the SP, including lot frontage minimums and corner lot requirements. b. Where the SP is silent, Title 16 and 17 of the Lake Elsinore Municipal City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open space lots on APNs 349- 240 -006. 349 - 240 -043 thru —047; 349- 240 -854 thru —056. 349- 380 -024 and —025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 Code shall apply. 7. The applicant shall sign and return an original "Acknowledgment of Conditions" to the Community Development Department prior to setting the Request for an Extension of Time for public hearing before the City Council for inclusion in the case records. PRIOR TO FINAL TRACT MAP: The applicant shall comply with the requirements of the Riverside County Fire Department as specified in the Department transmittal dated March 8, 2006, attached. 9. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 10. The applicant's engineer shall coordinate the design of Scenic Crest Drive with development of Tentative Tract Map No. 31370 at the direction of the City Engineer. 11. The applicant shall identify and design a trail access from Scenic Crest Drive to the Open Space Wildlife Corridor, that includes dimensions, type of materials used, and conceptual interpretive signage to be installed. 12. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 13. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 14. 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 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 regards to the maintenance of open space areas, the City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open space lots on APRs 349-240-006, thru —047. 349 -240 -054 thru —056. 349 - 380 -024 and —425. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 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. 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. 15. All lettered 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. 16. The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 17. Thirty days prior to issuance of a grading permit, the applicant shall submit to the Community Development Department a burrowing owl survey for review and acceptance by the City. 18. The City's Noise Ordinance shall be met during all site preparation and construction activity. Site preparation and 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. 19. 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. City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open s ace lots on APNs 349- 240.O06, 349 -240 -043 thru —047: 349 - 240 -054 thru —056; 349- 380 -024 and —026. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 20. Prior to the issuance of a building permit, the applicant shall pay the City's Multi - Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 21. 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 shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 22. 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) and incorporate all District conditions and standards. 23. 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. 24. The developer shall submit plans to the electric utility company to layout the street lighting system. 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. 25. The applicant shall meet all requirements of the providing electric utility company. 26. The applicant shall meet all requirements of the providing gas utility company. 27. The applicant shall meet all requirements of the providing telephone utility company. 28. A cash bond of $1,000.00 is 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 his designee. 29. All signage shall be subject to Planning Division review and approval prior to City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open space lots on APNs 349. 240 -006; 349-240 -443 thru —047; 349- 240 -054 thru -056; 349- 380 -024 and —025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 installation. 30. Landscape Plans for the tract shall include vegetative screening of retention basins and both sides of service roads and drainage easements. 31. 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. Construction - generated dust and erosion shall be mitigated in accordance with the provisions of the City's Municipal Code, Chapter 15.72, and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading as approved by the City Engineer. PRIOR TO DESIGN REVIEW: 32. All future structural development associated with this map requires separate Design Review approval. 33. 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. 34. 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. 35. Downslopes adjacent to streets shall be maintained by the HOA. 36. A detailed fencing plan shall be required for review and approval during the Design Review process. City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open s ace Lots on APNs 349-240-006, thru -047. 349 -240 -054 thru -056. 349- 380 -024 and -025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 a. The applicant shall install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines for the Ramsgate Specific Plan. b. Where views to open space are important, the applicant shall provide the appropriate view fencing. 37. A detailed phasing plan shall be required 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. 38. Primary and secondary access roads for each phase as identified on the map "Fire Access Table" 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 General Requirements: The property owner shall be responsible to ensure the site is kept free from illegal dumping and weeds. 2. A grading plan signed and stamped required if the grading exceeds 5 0 substantially modified as determined 50 cubic yards and a grading plan obtained so that a cursory drainage before grading begins. by a Calif. Registered Civil Engineer shall be cubic yards or the existing flow pattern is by the City Engineer. If the grading is less than is not required, a grading permit shall still be and flow pattern inspection can be conducted City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open space lots on APNs 349 - 240 -006; 349 -240 -043 thru -047; 349 -240 -054 thru -056. 349 -380 -024 and -025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 3. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 4. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 5. This project shall comply with the recommendations of the traffic study prepared by Urban Crossroads dated October 24, 2005. 6. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 7. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 8. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities shall be undergrounded. 9. 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. 10.Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right -of -way, more specifically, for Little Valley Road and Greenwald Avenue. 11. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 12. Provide fire protection facilities as required in writing by Riverside County Fire. The fuel modification zone shall be maintained by a homeowner's association or other private entity approved by the City. 13.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 14.10 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 City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space tots, on APNs 349-240-006, thru —047' 349 - 240 -054 thru —056; 349- 380 -024 and --025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 exceeded, drainage facilities shall be provided. 15.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 16.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 17. Up -slope maintenance along right -of -ways shall be maintained by a homeowner's association or other private entity approved by the City. 18.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 homeowner's association or other private entity approved by the City. 19.All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 20. Some of the improvements shown on the Map and /or required by these conditions are located in the County of Riverside and /or private property. The developer shall be responsible for obtaining County and /or private permits and approvals needed to complete the required offsite improvements. 21.0n -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 22.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. 23. Roof drains shall not be allowed to outlet directly through coring in the street curb. City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space lots, on APNs 349- 240 -006; 349 - 240 -043 thru -047; 349 - 240 -054 thru - 056.349 -380 -024 and -025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 Roofs should drain to a landscaped area. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design: 24. 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: • General Permit - Construction • General Permit - Industrial • Scrap Metal • Deminimus Discharges • MS4 25. The project shall complete and submit for review and approval to the Engineering Division BOTH a preliminary and final WQMP, incorporating the LID Principles and Stormwater BMPs. 26. The preliminary WQMP shall be approved prior to scheduling for Planning Commission; the final WQMP shall be approved prior to issuance of any grading or building permit. 27. Water Quality Facilities that service more than one parcel shall be placed in an easement to provide for maintenance and prevent obstruction. 28.The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for WQMP preparation. 29. WQMP — The Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used onsite to control identified pollutants of concern. The applicant shall utilize the MS4 Permittee Drainage Area Management Plan (DAMP), Model WQMP, and LID Guidance Manual for reference, and the MS4 Permittee's WQMP template for submittal. This WQMP shall include the following: • Detailed site and project description • Potential stormwater pollutants • Post - development drainage characteristics City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots, 5 water basins and 25 open space tots, on APRs 349- 240 -006; 349- 240 -043 thru -047, 349 -240 -054 thru -056; 349-380-024 and -025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 • Low Impact Development (LID) BMP selection and analysis • Structural and Non - Structural source control BMPs • Site design and drainage plan (BMP Exhibit) • Vector issues are addressed in the BMP design, operation and maintenance. • GIS coordinates for all LID and Treatment Control BMPs • HCOC - demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2 year and 10 year 24 hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. Design goal to replicate pre - development hydrologic regime. 30.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 X1 I. E. 7) • Evaluation of highest and best use for sites discharging to Lake Elsinore. • 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.) • The Project shall `Infiltrate, harvest and use, evapotranspire and /or bio- treat the 85th percentile storm event also known as the Design Capture Volume (DCV). • 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. • 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. 31. Parking lot landscaping shall be designed to with concave landscape grading and provide for treatment, retention or infiltration of runoff. 32. Project hardscape areas shall be designed and constructed to provide for drainage City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open s ace lots on APNs 349 - 240 -006. 349- 240 -043 thru —047,;349-240-064 thru —056; 349.380 -024 and —025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 into adjacent landscape and permeable surfaces in low traffic roads and parking lots. 33. 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. 34. 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. 35. The project shall use either volume -based and /or flow -based criteria for sizing BMPs in accordance with NPDES Permit Provision XII.D.4. Construction: 36.A Stormwater Pollution Prevention Plan ( SWPPP) is required for this project. A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 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, California Building Code, 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. Post Construction: 37. Recorded Operation and Maintenance (O &M) Plan 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; (3) describes the mechanism for funding the long -term operation and maintenance of the referenced BMPs, and (4) provides for annual certification of water quality facilities by a registered civil engineer and /or the City for City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 229 residential lots, 5 water basins and 25 open space lots, on APNs 349 - 240 -006; 349 -240 -043 thru --047; 349- 240 -054 thru —056; 349- 380 -024 and —025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 a fee if the service is available. 38.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. 39. Prior to the issuance of a certificate of use and /or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial /commercial, MS4, etc. to include: • 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. • Demonstrate that the project has complied with all non - structural BMPs described in the project's WQMP. • Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. • Submit a copy of the fully executed, recorded Operations and Maintenance (O &M) Plan for all structural BMPs. • Demonstrate that copies of the project's approved WQMP (with recorded O &M Plan attached) are available for each of the initial occupants (commercial /industrial) or Owner's Association as appropriate. • 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 City. • Provide a recorded copy of one of the following: 1. CC &R's (they must include the approved WQMP and O &M Plan) for the project's Owners Association. 2. A water quality implementation agreement with the approved WQMP and O &M Plan attached; or 3. The final approved Water Quality Management Plan and Operations and Maintenance Plan. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 40. Construct Little Valley Road per City Standard 108 (60740'). The horizontal City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lets 5 water basins and 25 open space lots, on APNs 349 - 240 - 006. 349- 240 -043 thru —047,,349-240-054 thru —056. 349 - 380 -424 and —025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 curvature shall be designed at a minimum speed of 35mph. A temporary ac paved turnaround shall be provided at the terminus of Little Valley Road. 41. Construct Scenic Valley Road per City Standard 108 (60'/40') or as shown in the map. 42. Improve the west side of Greenwald Avenue by constructing an additional paved width of 20' per City Standard 104. Adequate transitions shall be provided. Note: Should the existing structural section is found to be substandard for a secondary road, the road improvements shall extend to the centerline of Greenwald Avenue. 43. Construct local streets "A" to "N" per City Standard 107 (60/40) or as shown in the map. 44. The construction of "A" street also functioning as secondary access road for Tract 25475 shall be approved by the Fire Department. 45.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 46.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 47. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 48. Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 49. Applicant shall submit signing and striping plans for the required street improvements and a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the tract. 50.A Calif. Registered Civil Engineer shall prepare street and traffic improvement plans and specifications. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open s ace lots on APNs 349240 -006. 349-240 -043 thru -047; 349 - 240 -054 thru -056. 349 -380 -024 and -025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 51.All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. Prior to Issuance of a Grading Permit 52. 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. 53. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 54. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 55.An Alquist- Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site unless a registered geologist provides verification that the project is exempt. 56. The applicant shall obtain all necessary off -site easements and /or permits for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 57.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 58.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open s ace lots on APNs 349 - 240-006, 349 -240 -043 thru -047; 349 - 240 -054 thru -056; 349- 380 -024 and -025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 City for review and approval. Prior to Issuance of Building Permit 59.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 60. 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. 61. Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). 62. Provide a traffic signal warrant analysis for the intersection of Greenwald and Scenic Crest Drive. If warranted, the developer shall construct a traffic signal at the intersection of Greenwald and Scenic Crest Drive. Prior to Occupancy 63. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of 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. 64.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. 65.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 66. Water and sewer improvements shall be completed in accordance with Water District requirements. 67. The project applicant shall participate in the phased construction of the off -site intersection improvements as listed in their traffic study through payment of TIF and TUMF fees, payment of the project's fair share contribution towards other off -site City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open s ace lots on APNs 349 - 240 -006. 349- 240 -043 thru —047. 349 -240 -054 thru —056, 349- 380 -024 and —025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 improvements not included in the active fee programs, or construction of off -site facilities under appropriate fee credit agreements. 68. If warranted, the traffic signal at Greenwald and Scenic Crest Drive shall be operational. 69. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2015 -1 (Safety) Law Enforcement Fire and Paramedic Services CFD. Prior to approval of a Final Map, Parcel Map, Residential Design Review, or Conditional Use Permit (as applicable), the applicant shall annex into Community Facilities District No. 2015 -1 (Safety) or such other Community Facilities District for the Law Enforcement, Fire and Paramedic Services established at the time of such approval to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety services. Applicant shall make a seven thousand five hundred dollar ($7,500) non - refundable deposit to cover the cost of the annexation, formation or other mitigation process, as applicable. Contact City of Lake Elsinore Administrative Services Department at JSim son lake- elsinore.or . 2. Annex into the City of Lake Elsinore Community Facilities District No. 2015 -2 (Maintenance Services). Prior to approval of the Final Map, Parcel Map, Residential Design Review, Conditional Use Permit or building permit (as applicable), the applicant shall annex into the Community Facilities District No. 2015 -2 (Maintenance Services) or such other Community Facilities District for the Maintenance Services established at the time of such approval to fund the on- going operation and maintenance of the public right -of -way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Alternatively, 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 City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TEN_ TATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open spa lots on APNs 349 - 240 -006; 349- 240 -043 thru —047, thru —056. 349- 380 -02.4 and —025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 a seven thousand five hundred dollar ($7,500) non - refundable deposit to cover the cost of the annexation, formation or other mitigation process, as applicable. Contact City of Lake Elsinore Administrative Services Department at JSimpson@lake-elsinore.org. 3. Fire Station Impact Fee and Other Impact Fees: Upon completion of the Fire Station Impact Study and other impact fee studies, developer shall pay impact fee. COMMUNITY SERVICES DEPARTMENT 1. The developer shall pay park fees of $1,600 per unit ($211,200) or whatever park fees are in effect at the time of building permit issuance. . 2. The developer is required to participate in the "Public Facility" fee program. 3. The developer shall comply with all current NPDES storm water requirements. 4. All interior landscape, recreation areas, facilities and /or open space shall be maintained by the HOA. No park credits shall be given. 5. The developer shall submit a design of the two pocket parks for Lots 'A' and 'B' and all park facilities within the tract prior to the issuance of grading permits, for review and approval by the Community Services Director and the Community Development Director. 6. The HOA shall maintain all park and common landscape areas. 7. The HOA shall maintain all natural and manufactured slopes. 8. The HOA shall maintain all drainage facilities and structures. 9. The HOA shall maintain all catch basins, collectors, v- ditches or any other related flood control or storm water control device. 10. The HOA to maintain all exterior walls and landscaping. 11. The developer shall comply with all City ordinances regarding construction debris removal and recycling, per Section 8.32 of the Lake Elsinore Municipal City Council Approved April 26, 2016 FINAL CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33725 A subdivision of .52.7+ acres into 221 residential lots 5 water basins and 25 open s ace lots on APNs 349 - 240 -006. 349- 240 -443 thru • -047. 349 - 240 -054 thru --056. 349 -380 -02.4 and -025. SIX -YEAR EXTENSION OF TIME Revised and Approved by City Council on April 26, 2016 Code. 12. The developer shall provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. 13. Secondary access shall be clearly defined as part of the development. 14. The developer shall meet City curb, gutter and sidewalk requirements. 15. The City's Landscape Architect shall review all landscape and /or irrigation plans prior to acceptance by the City. (Riverside County Fire Department Conditions of Approval dated March 8, 2006 attached.) (End of Conditions) City Council Approved April 26, 2016