HomeMy WebLinkAboutItem No. 12 Extension of Time for Tent Track Map No. 32129Text File
City of Lake Elsinore 130 South Main Street
Lake Elsinore, CA 92530
www.lake-elsinore.org
File Number: ID# 17-126
Agenda Date: 3/28/2017 Status: Public HearingVersion: 1
File Type: ReportIn Control: City Council
Agenda Number: 12)
Page 1 City of Lake Elsinore Printed on 3/23/2017
Page 1 of 2
REPORT TO CITY COUNCIL
To:Honorable Mayor and Members of the City Council
From:Grant Yates, City Manager
Prepared by: Justin Kirk, Principal Planner
Date:March 28, 2017
Subject:Extension of Time for Tentative Tract Map No. 32129 (Sauls/Simard)
Recommendation
adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A THREE-YEAR EXTENSION OF TIME TO OCTOBER 12, 2019
FOR TENTATIVE TRACT MAP NO. 32129.
Background
On October 12, 2004, the City Council approved Mitigated Negative Declaration (MND) No. 2004-
05, Zone Change No. 2004-01 and Tentative Tract Map (TTM) No. 32129 for the subdivision of
approximately 10 acres into 27 residential lots and seven (7) open space lots.
On October 24, 2006, the City Council approved a two (2) year extension of time for TTM 32129
to October 12, 2008.
Between July 2008 and July 2013, the California Legislature adopted Senate Bill 1185, Assembly
Bill 333, Assembly Bill 208, and Assembly Bill 116, all automatically extending the life of TTM
32129 for an additional seven (7) years to October 12, 2015.
On October 13, 2015 the City Council approved a one-year extension of time for TTM 32129 to
October 12, 2016.
Section 16.24.160 of the Lake Elsinore Municipal Code (LEMC) provides one or more extensions
of time totaling a maximum of 36 months. Pursuant to the Subdivision Map Act, Government Code
Section 66452.6(e), the time at which the map expires may be extended by the legislative body
for a period not exceeding a total of six (6) years. TTM 32129 is eligible for extension of time for
additional three (3) years through the City’s Map Extension process and represents the final
extension of time allowed by the Subdivision Map Act and the LEMC.
Discussion
Tentative Tract Map (TTM) No. 32129 is a subdivision of approximately ten (10) acres into 27
single family residential lots, 6 open space lots, and a water quality basin (Project). The Project
Page 2 of 2
is located approximately two miles northeast of the Interstate 15/State Highway 74 (Central
Avenue) interchange, at the southern end of Trellis Lane, south of Sharon Street (Assessor Parcel
Numbers 347-110-021 and 347-581-008).
The Community Development (Planning) and Public Works (Engineering) Departments have
recommended revised Conditions of Approval consistent with section 66452.6 (e) of the
Subdivision Map Act and sections 65961 (a) (1-2) and 65961 (f) of the Planning and Zoning Laws.
These updated Conditions of Approval are reflective of the most current City requirements for
development.
Environmental Determination
Pursuant to CEQA Guidelines Section 15162, staff has determined that this extension of time
request would not have a significant effect on the environment and no new environmental
documentation is necessary because all potentially significant effects have been adequately
analyzed in an earlier mitigated negative declaration. All potentially significant impacts have been
avoided or mitigated pursuant to the earlier mitigated negative declaration and none of the
conditions described in Section 15162 exist. Mitigated Negative Declaration (MND) No. 2004-05
was adopted by the City Council on October 12, 2004. As part of the extension of time request,
conditions of approval were updated to reflect the most current City requirements for
development. These are standard conditions of approval and will not result in any modifications
to the previously approved Project. No substantial changes which require major revisions to the
mitigated negative declaration exist and no new information of substantial importance which
require revisions to the earlier mitigated negative declaration exist. Therefore, no further
environmental documentation is necessary.
Fiscal Impact
The City’s costs for processing this extension of time request requested have been paid in full by
the applicant. As such, no General Fund were expended in the processing of this time extension
and the developer approved Mitigation Measures included in the Conditions of Approval protect
the City fiscally from the burden of these costs.
Exhibits
A – EOT Resolution
B – Conditions of Approval
C – Vicinity Map
D – Aerial Map
E – TTM 32129
RESOLUTION NO. 2017-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING A THREE-YEAR EXTENSION OF TIME TO OCTOBER 12,
2019 FOR TENTATIVE TRACT MAP NO. 32129
Whereas, Edwin Sauls, of Three Strands Properties, LLC, submitted a request for an extension
of time for Tentative Tract Map (TTM) No. 32129 on September 14, 2016; and,
Whereas, the Lake Elsinore Municipal Code (LEMC) Section 16.24.160 requires that a land
divider wishing to extend the life of a tentative map make a written application to the City
Council (Council) requesting an Extension of Time on the map; and,
Whereas, on March 28, 2017, at a duly noticed Public Hearing the 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 DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The Council has reviewed and analyzed the proposed Extension of Time for TTM
32129 prior to making its decision to extend the life of the map for three (3) years to October 12,
2019.
Section 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code Section
66000 et. seq.) and the LEMC Section 16.24.160, the Council makes the following findings for
the approval of an Extension of Time for TTM 32129:
1. The proposed subdivision, together with the provisions for its design and improvements,
is consistent with the City of Lake Elsinore General Plan (GP). The proposed subdivision
is compatible with the objectives, policies, General Land Uses and programs specified in
the GP (Government Code Section 66473.5).
a.TTM 32129 is located in the Low Medium Density Residential (LMDR) GP Land Use
designation of the GP. The LMDR designation provides for Single-Family detached
residences with densities ranging between 1 and 6 dwelling units per net acre. TTM
32129 is a subdivision of approximately 10 acres into 27 Single Family Residential
lots, 6 lettered lots, and a water quality basin. TTM 32129 will have 2.7 dwelling
units per acre and is therefore consistent with the GP.
b.The map proposes Single Family Residential lots ranging in size from 6,000 square
feet to 31,000 square feet, consistent with the R-1 Single Family Residential Zone.
2. The site of the proposed division of land is physically suitable for the proposed density of
development in accordance with the GP.
a.The overall density and design is consistent and compatible with the adjacent
Rosetta Canyon communities of the Ramsgate Specific Plan.
b.The map provides open space areas that protect the natural topography and views.
3. The effects that the Project are likely to have upon the housing needs of the region, the
public service requirements of its residents and the available fiscal and environmental
resources have been considered and balanced.
Reso. No. 2016-___
Page 2 of 3
a.The Project is consistent with the City’s GP. During the approval of the GP,
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 TTM 32129. 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 TTM 32129 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. TTM 32129 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.TTM 32129 has been designed in a manner consistent with the GP and does not
divide previously established communities.
b.The map is conditioned to comply with all development standards of the R-1 Single
Family Residential Zone. These standards are in place to benefit the public health,
safety and welfare.
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 TTM 32129.
Reso. No. 2016-___
Page 3 of 3
b.The adjacent property owner to the east requested access through TTM 32129.
This map has been designed with “B” Street to stub at the easterly boundary,
thereby allowing this connection.
b.The map has been circulated to City departments and outside agencies, and
appropriate Conditions of Approval have been applied to the Project.
Section 3. Based upon the evidence presented, both written and testimonial, and the above
findings, the Council hereby approves a three-year extension of time for TTM 32129 to October
12, 2019, incorporating the attached Conditions of Approval.
Section 4. This Resolution shall take effect immediately upon its adoption.
Passed and Adopted this 28
th day of March, 2017.
_____________________________
Robert E. Magee, Mayor
Attest:
____________________________
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify
that Resolution No. 2017-____ was adopted by the City Council of the City of Lake Elsinore,
California, at the Regular meeting of March 28, 2017, and that the same was adopted by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Susan M. Domen, MMC
City Clerk
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 1 of 20
PLANNING DIVISION
1.Tentative Tract Map No. 32129 will expire on October 12, 2019, based upon an original
approval date of October 12, 2004 unless within that period of time a final map has been
filed with the County Recorder.
2.Tentative Tract Map No. 32129 shall comply with the State of California Subdivision Map
Act and shall comply with all applicable requirements of the Lake Elsinore Municipal
Code unless modified by these Conditions of Approval.
3.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 Tentative Tract Map No. 32129.
4.The applicant shall sign and return an "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.
5.The applicant shall provide to the Community Development Director within 30 days of
approval, a final approved version of the project in digitized format.
PRIOR TO FINAL TRACT MAP:
6.The applicant shall comply with all Conditions of Approval prepared by the Riverside
County Fire Department as listed in their transmittal dated March 11, 2004 attached.
7.All lots shall comply with minimum standards of the R1 Single Family Residential zone.
8.A precise survey with closures for boundaries and all lots shall be provided per the
LEMC.
9.Street names within the subdivision shall be approved by the Community Development
Director or designee prior to final map approval.
10. All of the improvements shall be designed by the developer’s Civil Engineer to the
specifications of the City of Lake Elsinore.
11. The applicant shall comply with the Mitigation Monitoring Program prepared for
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 2 of 20
Mitigated Negative Declaration No. 2004-05.
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.
12. The applicant shall initiate and complete the formation of a homeowners’ association
(“HOA”),approved by the City, recorded and in place. All HOA documents shall be
reviewed and approved by the City and recorded, such as the Articles of Incorporation
and Covenants, Conditions and Restrictions (CC & R’s). The HOA shall be responsible
for the maintenance of all open space areas, natural slopes, drainage basins (if any),
maintenance easement areas, all graded slopes abutting public street rights-of-way
within private lots, and all private streets (if any).
a.In the event that the HOA fails to meet its responsibilities with regards to the
maintenance of open space areas, the Lighting, Landscaping and Maintenance
District shall automatically provide such maintenance and assess the individual
property owners for such service.
b.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.
13. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance
Easements. All HOA Maintenance Easements shall be planted, irrigated and maintained
by the HOA.
14.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.
15. Contingent Special Tax Obligation
In connection with the formation of the HOA as provided in Condition of Approval
#12 and prior to approval of the Final Map, Parcel Map, Residential Design
Review, Conditional Use Permit or building permit (as applicable), the applicant
shall apply for formation of a Community Facilities District to offset the potential
annual negative fiscal impacts should the HOA default in its obligation to maintain
any public facilities or public improvements as provided herein. Such formation
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 3 of 20
will typically also include the provision for the levy of a special tax for purposes of
repayment of bonded indebtedness, the proceeds of which will generally be
available for reimbursement of the cost of public improvements incurred by the
applicant. A default by the HOA shall be deemed to occur if:
(i)the HOA files for bankruptcy;
(ii)the HOA is dissolved;
(iii)the HOA ceases to levy annual assessments for the maintenance
of the improvements described above; or
(iv)the HOA fails to maintain such improvements at the same level as
the City maintains similar improvements throughout the City and
within ninety (90) days after written notice from the City, or such
longer period permitted by the City Manager, fails to remedy such
maintenance deficiency to the reasonable satisfaction of the City
Council.
The formation of a Community Facilities District under the Mello-Roos Act will
include the authorization to levy of a special tax (generally designated as the
“Special Tax B (Contingent)”) in the event that the HOA defaults.
The services which may be funded with proceeds of Special Tax B (Contingent)
shall be as provided by Section 53313 of the Mello Roos Act and will include all
costs attributable to maintaining, servicing, repairing and/or replacing all public
improvements to which the HOA has a duty to maintain as provided in these
Conditions of Approval. In addition to payment of the cost and expense of the
forgoing services, proceeds of Special Tax (Contingent) may be expended to pay
reasonable “administrative expenses.”
Alternatively, the applicant may propose alternative financing mechanisms to fund
the annual negative fiscal impacts of the project. Applicant shall make a $7,500
non-refundable deposit to cover the cost of the formation or other mitigation
process, as applicable. Contact City of Lake Elsinore Administrative Services
Department at JSimpson@lake-elsinore.org. The method used to satisfy this
condition shall be written into the Covenants, Conditions and Restrictions (CC&Rs)
adopted for this subdivision, and distributed to all HOA residential members.
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 4 of 20
The foregoing Condition regarding the Special Tax B (Continguent) shall be
waived if, prior to the commencement of construction, the applicant satisfies
Condition of Approval #12 by causing the 27 lots created by TTM 32129 to be
annexed into the adjacent project’s homeowners’ association.
PRIOR TO GRADING AND BUILDING PERMITS:
16. Construction shall be restricted until adjacent subdivisions have developed or the
applicant obtains arrangements with adjacent property owners to provide fuel
modification zones for this project.
17. The applicant shall comply with all requirements of the City’s Grading Ordinance.
Construction generated dust and erosion shall be mitigated in accordance with the
provisions of Municipal Code Chapter 15.72 and by using accepted techniques. Interim
erosion control measures shall be provided 30 days after the site’s rough grading, as
approved by the City Engineer.
18. The City’s Noise Ordinance shall be met during all site preparation activity. Site
preparation and construction activity 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. 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.
19. 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 construction activity can be lodged with the City’s Code
Enforcement Division at (951) 674-3124.
20. Upon violation by applicant of the City’s Noise Ordinance or Condition of Approval #15,
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 Condition of Approval #14. The applicant shall replenish the deposit upon
notice by the City that the remaining balance is equal to or less than $1,000.
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 5 of 20
21. The applicant shall comply with all Municipal Code provisions regarding construction
debris removal and recycling as set forth in Chapter 14.12 (Construction and Demolition
Waste Management) of the Lake Elsinore Municipal Code.
22. Prior to the issuance of any grading or construction permit for the project or any
stockpiling of soil/materials on the project site, the project applicant shall ensure that pre-
construction presence/absence surveys for burrowing owl will be conducted onsite and
within a 150-meter buffer according to the methods described in the Burrowing Owl
Survey Instructions for the Western Riverside Multiple Species Conservation Plan. The
protocol consists of four site visits conducted during the burrowing owl breeding season
(March 1 – August 31). If burrowing owls are observed or detected through presence of
sign (whitewash, feathers, vocalizations, decorated burrows, etc.) the applicant
shall notify the California Department of Fish and Wildlife and the City of Lake
Elsinore Planning Division within 24 hours of the observation/detection. A report
detailing the methods and results of the focused surveys shall be prepared and
submitted to the City of Lake Elsinore Planning Division, the Riverside County
Environmental Programs Department and the Regional Conservation Authority
Monitoring Program Administrator.
23. Applicant shall pay all applicable permit application and Engineering assessed
fees, including without limitation plan-check and construction inspection fees, at
the prevalent rate at time of payment in full.
24. Applicant shall pay all applicable Mitigation and Development Impact Fees at the
prevalent rate at time of payment in full. Mitigation and Development Impact
Fees include without limitation, Library Mitigation Fees, Park Capital
Improvement Fees, Storm Drain Improvement and Drainage District Fees, TIF,
TUMF, City Hall and Public Works Facilities Fees, Community Center Facilities
Fees, Lakeside Facilities Fees, Animal Shelter Facilities Fees, Fire Facilities
Fees, MSHCP, Stephen’s Kangaroo Rat Habitat.
25. 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.
26. 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
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 6 of 20
engineering sewer plans and profiles for submittal to the EVMWD. The applicant shall
meet all EVMWD requirements, plan submittal procedures, and incorporate District
standards.
27. 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 HOA shall maintain water quality basins, landscaping, and open space
drainage.
28. The developer shall submit plans to the electric utility company for a layout of the street
lighting system. The cost of street lighting, installation as well as energy charges shall be
the responsibility of the developer and/or the HOA until streets are accepted by the City.
Said plans shall be approved by the City and shall be installed in accordance with City
Standards.
29. The applicant shall meet all requirements of the providing electric utility company.
30. The applicant shall meet all requirements of the providing gas utility company.
31. The applicant shall meet all requirements of the providing telephone utility company.
32. A bond is required guaranteeing the removal of all trailers used during construction.
A cash bond of $1,000 is required for each construction or sales trailer used during
construction. Bonds will be released after removal of each trailer, subject to the approval
of the Community Development Director or designee.
33. All signage shall be subject to Planning Division review and approval prior to installation.
34. Landscape Plans for the tract shall include vegetative screening of all retention basins.
35. 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.
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 7 of 20
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.
36. Prior to the approval of any final map, the applicant shall submit a phasing plan if
multiple final maps are proposed, which show all phasing lines and the primary and
secondary access for each phase.
PRIOR TO DESIGN REVIEW:
37. All future structural development associated with this map requires separate Design
Review approval.
38. Elevation drawings for Design Review shall include 4-sided architectural features, for
both the first and second story. The applicant may submit to the Community
Development Director or 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 designee on a
case-by-case basis, this condition may be waived.
39. 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.
40. A detailed fencing plan shall be required for review and approval during the Design
Review process.
41. 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. These conditions of approval shall be reproduced on subsequent building plans prior to
the issuance of building permits.
d.Construction phasing plans shall be designed to avoid construction traffic from entering
occupied neighborhoods to the greatest extent possible. For safety purposes
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 8 of 20
construction phasing plans shall also be designed such that new residents can avoid
traveling through active construction areas.
ENGINEERING DIVISION
42.Provide permission to construct and permission to drain onto adjacent property from the
affected properties, prior to any development plan approval.
43. Process a lot line adjustment to include the boundaries of Lot 27 into this subdivision.
Lot 27 should include access to public right of way.
41. Provide documentation that Lot 27 is not a requirement as an open space lot
for the adjacent development.
44.Provide drainage information including outlet details for Lots “C”, “D”, “E” & “F”.
45.Provide permission to construct the termination point of “B” Street. “B”
Street shall be barricaded and signed as the temporary end of the street.
46.The final map streets shall reflect a curb to curb width of 40-feet.
47.Verify that detention and first flush provisions are provided either on-site or
accounted for on the adjacent project.
48.Modifications to “J” Street shall require permission from affected property, prior to any
improvement plan approval.
49.All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building
permit.
50.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.
51.Prior to the issuance of building permits, pay all Capital Improvement, TIF, TUMF,
Master Drainage Fees and Plan Check fees (LEMC 16.34) at a rate in effect at the
time of building permit issuance.
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 9 of 20
52.Prior to issuance of building permits, a secondary access road to the project shall be
construction to fire department standards.
53.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.
Submit this letter prior to issuance of building permit.
54.Construct all public works improvements per approved street plans (LEMC 12.04). Plans
must be approved and signed by the City Engineer prior to final map approval (LEMC
16.34).
55.Street improvement plans and specifications shall be prepared by a Calif. Registered
Civil Engineer. Improvements shall be designed and constructed to standards as
provided in LEMC 12.04 and 16.34.
56.Applicant shall enter into an agreement with the City for the construction of public works
improvements and shall post the appropriate bonds prior to approval of Final Map.
57.Interior streets shall be designed with 9% as the desired grade and intersecting streets
shall meet at a maximum grade of 6 %.
58.Pay all fees and meet requirements of encroachment permit issued by the
Engineering Division for construction of public works improvements (LEMC 12.08 and
Resolution 83-78).
59.All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 ½" x 11" Mylar) shall be submitted to the Engineering Division before
final inspection of public works improvements will be scheduled and approved.
60.The applicant shall install two (2) permanent bench marks to Riverside County
Standards and at a location to be determined by City Engineer.
61.Applicant shall obtain all necessary off-site easements for off-site grading from the
adjacent property owners prior to final map approval.
62.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 owner’s
agent.
63.Provide street lighting and show lighting improvements as part of street improvement
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 10 of 20
plans as required by the City Engineer.
61.Developer shall annex to the City’s Street Lighting and Landscaping Maintenance
District.
64.Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations.
65.Applicant shall submit a traffic control plan showing all traffic control devices for the tract
to be approved prior to final map approval. All traffic control devices shall be installed
prior to final inspection of public improvements. This includes No Parking and Street
Sweeping Signs for streets within the tract.
66.All utilities except electrical over 12 kv shall be placed underground, as approved by the
serving utility.
67.Apply and obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall
be required if the grading exceeds 50 cubic yards or the existing flow pattern is
substantially modified as determined by the City Engineer. If the grading is less than 50
cubic yards and a grading plan is not required, a grading permit shall still be obtained so
that a cursory drainage and flow pattern inspection can be conducted before grading
begins.
68.Provide soils, geology and seismic report including street design recommendations.
Provide final soils report showing compliance with recommendations.
69.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake
faults and/or liquefaction zones present on-site or provide documentation from a
Professional Geologist or Geotechnical Engineer that this is not required.
70.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.
71.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. Haul routes shall
be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall
be approved by the City Council (LEMC 15.72.065)
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 11 of 20
72.Applicant to provide to the City a photographic baseline record of the condition of all
proposed public City haul roads. In the event of damage to such roads, applicant shall
pay full cost of restoring public roads to the baseline condition. A bond may be required
to ensure payment of damages to the public right-of-way, subject to the approval of the
City Engineer.
73.On-site drainage facilities located outside of road right-of-way should be contained within
drainage easements shown on the final map. A note should be added to the final map
stating: “Drainage easements shall be kept free of buildings and obstructions”.
74.All natural drainage traversing site shall be conveyed through the site, or shall be
collected and conveyed by a method approved by the City Engineer.
73.Meet all requirements of LEMC 15.64 regarding flood hazard regulations.
74.Meet all requirements of LEMC 15.68 regarding floodplain management.
75.The applicant to provide FEMA elevation certificates prior to certificate of occupancies.
75.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and
the Riverside County Flood Control District prior to approval of final map. Developer
shall mitigate any flooding and/or erosion caused by development of site and diversion
of drainage.
76.Any required storm drain larger than 36” shall be plan checked, approved and
maintained by Riverside County Flood Control District.
77.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in
the drain system, the wording and stencil shall be approved by the City Engineer.
78.Roof and yard drains shall not be allowed to connect directly through cuts in the street
curb. Roof drains should drain to a landscaped area when ever feasible.
79.10 year storm runoff should be contained within the curb and the 100 year storm runoff
should be contained within the street right-of-way. When either of these criteria is
exceeded, drainage facilities should be installed.
80.Applicant shall provide the city with proof of having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 12 of 20
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.
STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES
Design:
81.The project applicant 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
* De Minimus Discharges
* MS4
82.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.
83.;the final WQMP shall be approved prior to issuance of any grading or building permit.
The preliminary WQMP has been submitted for plan check review and approved on
November 9, 2015. The Final WQMP shall be submitted for plan check review and be
approved by the City prior to issuance of any permit for construction (i.e. grading,
building, etc.) in accordance with State Resources Control Board requirements.
84.Water Quality Facilities that service more than one parcel shall be placed in an
easement to provide for maintenance and prevent obstruction.
85.The applicant shall use the Water Quality Management Plan for the Santa Ana Region of
Riverside County guidance document and template for WQMP preparation.
86.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
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 13 of 20
* 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.
87.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
XII.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.
88.Parking lot landscaping shall be designed with concave landscape grading and provide
for treatment, retention or infiltration of runoff.
89.Project hardscape areas shall be designed and constructed to provide for drainage into
adjacent landscape and permeable surfaces in low traffic roads and parking lots.
90.Hydromodification / Hydraulic Conditions of Concern – The project shall identify
potential Hydraulic Conditions of Concern (HCOC) and implement measures to limit
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 14 of 20
disturbance of natural water bodies and drainage systems; conserve natural areas;
protect slopes, channels and minimize significant impacts from urban runoff.
91.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.
92.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:
93.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.
94.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:
95.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 a fee if the service
is available.
96.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.
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 15 of 20
97.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
98.Intersection site distance shall meet the design criteria of the CALTRANS Design
Manual (particular attention should be taken for intersections on the inside of curves). If
site distance can be obstructed, a special limited use easement must be recorded to limit
the slope, type of landscaping and wall placement.
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 16 of 20
99.Arrangements shall be made between the City and the applicant for fiscal impacts by the
project prior to issuance of the first building permit. The applicant shall participate in a
Cost Recovery Program or make other arrangements with the City to offset the annual
negative fiscal impacts of the project on public safety and maintenance issues in the
City, including city-wide improvements and facilities relating to fire and police protection
and maintenance of roadways.
100.In accordance with the City’s Franchise Agreement for waste disposal and recycling, the
applicant shall be required to contract with CR&R Inc. for removal and disposal of all
waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
COMMUNITY SERVICES DEPARTMENT
101.Prior to the issuance of building permits, the applicant shall pay park mitigation fees for
the project at the rates in effect at the time of payment.
102.The developer shall comply with the City’s Franchise Agreement for waste
disposal and recycling.
ADMINISTRATIVE SERVICES DEPARTMENT
103.Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic
Services CFD
Prior to approval of the 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) 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.
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 $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.
104.Annex into the City of Lake Elsinore Community Facilities District No. 2015-
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 17 of 20
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) to fund the
on-going operation and maintenance of the public right-of-way landscaped areas and
public 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, slopes, open space and public storm drains
constructed within the development and federal NPDES requirements (to the extent
not required to be maintained by the HOA as provided herein) 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 a $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.
RIVERSIDE COUNTY FIRE DEPARTMENT
105.The Applicant shall comply with all of the attached Riverside County Fire Department
conditions and standards.
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 18 of 20
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 19 of 20
CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 32129
A subdivision of 10.8+ acres into 27 residential lots and seven (7) open space lots
APNs 347-110-021 and a portion of -022
THREE-YEAR EXTENSION OF TIME UNTIL OCTOBER 12, 2019
Page 20 of 20
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