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HomeMy WebLinkAboutItem No. 16 PA No. 2018-95 TTM 36636 Castle & CookeCity Council Agenda Report City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 19-550 Agenda Date: 4/14/2020 Status: Approval FinalVersion: 1 File Type: Council Public Hearing In Control: City Council / Successor Agency Agenda Number: 16) Planning Application No. 2018-95 (TTM 36636 and Modifications to VTTM 35001) - TTM 36636, a subdivision of land that would create six (6) lots for the purposes of finance and conveyance and a proposed series of modifications to VTTM 35001 1.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2018-95 (TTM 36636 AND MODIFICATIONS TO VTTM 35001) ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); 2.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 36636; and 3.Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MODIFICATIONS TO TENTATIVE TRACT MAP NO. 35001. Page 1 City of Lake Elsinore Printed on 7/1/2020 Page 1 of 4 REPORT TO CITY COUNCIL To: Honorable Mayor and Members of the City Council From: Grant Yates, City Manager Prepared by: Justin Kirk Date: April 14, 2020 PROJECT: Planning Application No. 2018-95 (TTM 36636 and Modifications to VTTM 35001) – TTM 36636, a subdivision of land that would create six (6) lots for the purposes of finance and conveyance and a proposed series of modifications to VTTM 35001. APPLICANT: Laura Whitaker, Castle & Cooke Commercial-CA, Inc. Recommendation 1. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PLANNING APPLICATION NO. 2018-95 (TTM 36636 AND MODIFICATIONS TO VTTM 35001) ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP); 2. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 36636; and 3. Adopt A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MODIFICATIONS TO TENTATIVE TRACT MAP NO. 35001. Background On December 11, 2012, the City Council approved Addendum No. 4 to the Alberhill Ranch Specific Plan Final Environmental Impact Report and Vesting Tentative Tract Map (VTTM) No. 35001 for the subdivision of 400.3 acres into 1,056 single-family residential lots, one (1) high density residential lot, two (2) suburban village commercial lots, one (1) commercial lot, one (1) tank site, one (1) detention basin, and two (2) public parks. On July 11, 2013, the California Legislature adopted Assembly Bill 116 that automatically extended the life of VTTM 35001 for an additional two (2) years to December 11, 2016. In 2016, Castle and Cooke and the County of Riverside finalized a land transfer. This land transfer was subject to a CEQA lawsuit that was dismissed as a result of the rescission of the land transfer in 2018. Project Description Tentative Tract Map 2019-03 is a proposed subdivision of land that would create six (6) lots for the purposes of finance and conveyance. PA 2018-95 April 14, 2020 Page 2 of 4 Tentative Tract Map No. 2018-01 is the second proposed revision to VTTM 35001 and is proposing changes to the previously approved tentative map. The proposed modifications include:  The number of lots within the New VTTM 35001 has been reduced to 939 single family residential lots, as compared to the 1,056 single family residential lots which were mapped within the Original VTTM 35001, a reduction of 117 lots.  The number of multi-family units and mixed-use residential units within the new VTTM 35001 has remained the same as the original VTTM 35001 at 225 multi-family units and 120 mixed use residential units.  The area of commercial development with the new VTTM 35001 has been reduced by 8.6 gross acres to 21.2 gross acres, as compared to 29.8 gross acres of commercial development within the original VTTM 35001.  The site acreage within the new VTTM 35001 has been reduced to 396.5 acres due to refinement of the project boundary via field survey and the dedication of Nichols Road rights-of-way to the City.  All grading, fuel modification and maintenance associated with the development of the 396.5 acre property will be confined to the area within the boundaries of the site (i.e., development of the area covered by the New VTTM 35001 will not affect any portion of the County's adjacent 598 acre property).  Due to the redesign of the New VTTM 35001, grading of site will be essentially balanced, resulting in the elimination of more than 5,500,000 cubic yards (cy), via trucks, of soil which would have been required to have been exported from the site had it been developed under the Original VTTM 35001. The project site is located at the southeasterly corner of Interstate 15 and Lake Street. (APNs: 389-020-062, 064, 389-080-055, 056, 390-130-026, 390-130-033, 390-130-034, 390-130-037, 390-160-003, 390-160-014, 390-160-021, 390-170-002, 390-190-014, 390-190-015, 390-190- 017, 390-190-018, 390-200-008, 390-200-012, 390-200-013, and 390-210-021). Discussion TTM 2019-03 (TTM 36636) is a proposed subdivision of land that would create six (6) large lots for the purposes of finance and conveyance. These lots would not be developed and would be further subdivided based upon the approval and recordation of TTM 2018-01 (VTTM 35001). The subject subdivision is consistent with the Subdivision Map Act and Chapter 16.24 Tentative Tract Maps of the City of Lake Elsinore Municipal Code. TTM 2018-01 (VTTM 35001) include a series of modifications to the originally approved VTTM 35001. The proposed modifications to the map have been reviewed for consistency with the Alberhill Ranch Specific Plan and has been found consistent with the minimum lot standards identified. Furthermore, the Applicant has prepared a firewise fuel modification plan to demonstrate that there is adequate distance from combustible structures and high fire areas. Lastly, the map has been revised to include adequate dedication of right of way for the construction of Nichols Road improvements. In totality the proposed modifications to the map PA 2018-95 April 14, 2020 Page 3 of 4 propose a feasible development plan that appropriately refines the development area of the project to account for the challenges in development better understood. Environmental Determination The original Final Alberhill Ranch Specific Plan EIR (SCH #88090517) was adopted by the City Council on August 28, 1989. Addendum No. IV to the Alberhill Ranch Specific Plan Final EIR, which was prepared for VTTM No. 35001 was subsequently approved by the City Council on December 11, 2012. Pursuant to CEQA Guidelines Section 15162, staff has determined that the proposed revision and extension of time request to VTTM 35001 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 Environmental Impact Report (EIR) based upon the following findings: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed actions would not result in major revisions of the previous EIR or negative declaration because the proposed project has less residential units, a smaller commercial parcel, and the elimination of approximately 5.5 million cubic yards of fill. In totality the actions proposed would result in a smaller project with lesser potential to create significant impacts than what was considered in the Final Alberhill Specific Plan EIR and subsequent addendums. 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaratio n due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Please refer to the response to #1. 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration. The Final Alberhill Specific Plan EIR and subsequent addendums addressed all potential significant effects of the proposed project. The modified project does not create and/or exacerbate existing significant effects. Further, there are no new legally required areas of review which have not been previously addressed. b. Significant effects previously examined will be substantially more severe than shown in the previous EIR. The proposed project due to the reduction in the intensity of development would have less significant effects not discussed in the previous EIR or negative declaration. c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. No modifications to previously approved mitigation measures are proposed and there is no new evidence that suggest mitigation measures previously deemed infeasible are now feasible but declined to be implemented. PA 2018-95 April 14, 2020 Page 4 of 4 d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. See response to c above. Exhibits: A – PA 2018-95 MSHCP Resolution B – PA 2018-95 TTM 2019-03 Resolution C – PA 2018-95 TTM 2018-01 Resolution D – PA 2018-95 Conditions of Approval E – PA 2018-95 Map Comparison F – PA 2018-95 Applicant Forward G – PA 2018-95 Vicinity Map H – PA 2018-95 Aerial Map I – PA 2018-95 TTM 36636 J – PA 2018-95 Original VTTM 35001 K – PA 2018-95 Revised TTM 35001 RESOLUTION NO. 2020- ___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT PA 2018-95 (TTM 36636 AND MODIFICATIONS TO VTTM 35001) ARE CONSISTENT WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) Whereas, Castle and Cooke Commercial-CA, Inc., has applied for Tentative Tract Map 36636 a subdivision of land that would create six (6) lots for the purposes of finance and conveyance and modifications to VTTM 35001. The project site is located at the southeasterly corner of Interstate 15 and Lake Street. (APNs: 389-020-062, 064, 389-080-055, 056, 390-130-026, 390- 130-033, 390-130-034, 390-130-037, 390-160-003, 390-160-014, 390-160-021, 390-170-002, 390-190-014, 390-190-015, 390-190-017, 390-190-018, 390-200-008, 390-200-012, 390-200- 013, and 390-210-021); and, Whereas, On February 10, 2004, the County of Riverside and Tri-Valley I (“Tri-Valley”) entered into an agreement (the “MOU”) whereby approximately 598 acres of land within the Alberhill Ranch Specific Plan was sold to the County for open space conservation and mitigation purposes. Contained within the Acquisition Agreement and two accompanying Memoranda of Understanding (collectively known as the “Tri-Valley Agreements”), the County and Tri-Valley were found to be in compliance with all MSHCP requirements, including biological surveys and agreements to pay MSHCP mitigation fees; and, Whereas, Section 6.0 of the Multiple Species Habitat Conservation Plan (MSHCP) requires that all discretionary projects within a MSHCP Criteria Cell undergo the Lake Elsinore Acquisition Process (LEAP) and the Joint Project Review (JPR) to analyze the scope of the proposed development and establish a building envelope that is consistent with the MSHCP criteria; and, Whereas, Section 6.0 of the MSHCP further requires that the City adopt consistency findings demonstrating that the proposed discretionary entitlement complies with the MSHCP Criteria Cell, and the MSHCP goals and objectives; and, Whereas, pursuant to Lake Elsinore Municipal Code (LEMC) Chapter 16.24 (Tentative Map) the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps; and, Whereas, on March 17, 2020, at a duly noticed Public Hearing the Commission has considered evidence presented by the Community Development Department and other interested parties with respect to this item and took action to recommend that the City Council PA 2018-95 was consistent with the MSHCP; and, Whereas, pursuant to Chapter 16.24 (Tentative Map), the Council has the responsibility of making decisions to approve, conditionally approve, or disapprove recommendations of the Commission for Tentative Maps; and, Whereas, on April 14, 2020, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. CC Reso. No. 2020-____ Page 2 of 5 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: The Council has considered the Project and its consistency with the MSHCP prior to recommending that the Council adopt Findings of Consistency with the MSHCP. Section 2: That in accordance with the MSHCP, the Council makes the following findings for MSHCP consistency: 1. The Project is a project under the City’s MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is located within an MSHCP criteria cell. Pursuant to the City’s MSHCP Resolution, the project has been reviewed for MSHCP consistency, including consistency with “Other Plan Requirements.” These include the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 6.1.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 6.1.4), Vegetation Mapping (MSHCP, § 6.3.1) requirements, Fuels Management Guidelines (MSHCP, § 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). 2. The Project is subject to the City’s LEAP and the Western Riverside County Regional Conservation Authority’s (RCA) Joint Project Review processes. The project site is within the MSHCP Lake Elsinore Area Plan. The proposed project site lies within Criteria Cells #3855 (120.46 acres), #3957 (116.4 acres), #3954 (91.54 acres), #3853 (27.8 acres), #4057 (14.41 acres), #3854 (14.23 acres), #4056 (5.73 acres), and #3953 (.01 acre). The site is also located in Cell Groups U’, V’, T’, with certain other parcels located independent of any Cell Group. 3. The Project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. Pursuant to the adopted MOU, no further action regarding this section of the MSHCP is required. 4. The Project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. The project is within Area 1 for narrow endemic plant species, which requires surveys for Munz's onion, San Diego Ambrosia, Slender-Horned Spineflower, Many-stemmed dudleya, Spreading navarretia, California Orcutt grass, San Miguel savory, Hammitt's clay-cress, Wright's trichocoronis. Surveys were conducted in connection with the Tri-Valley Agreements when the County of Riverside acquired the +/- 598 acres adjacent to VTTM 35001. The conservation of +/- 598 acres provides full mitigation for the proposed project, and therefore no further surveys are required in connection with VTTM 35001. 5. The Project is consistent with the Additional Survey Needs and Procedures. The MSHCP requires additional surveys for certain species if the project is located in certain CC Reso. No. 2020-____ Page 3 of 5 locations. Pursuant to MSHCP Figure 6-2 (Criteria Area Species Survey Area), Figure 6-3 (Amphibian Species Survey Areas with Criteria Area), Figure 6-4 (Burrowing Owl Survey Areas with Criteria Area), Figure 6-5 (Mammal Species Survey Areas with Criteria Area). The project is in Criteria Area Species Survey Area 1 which requires surveys for round- leaved filaree (Erodium macrophyllum), smooth tarplant (Centromadia pungens ssp. Laevis), little mousetail (Myosurus minimus), and burrowing owl (Athene cunicularia hypugaea). Surveys were conducted in connection with the Tri-Valley Agreements when the County of Riverside acquired the +/- 598 acres adjacent to VTTM 35001. The conservation of +/- 598 acres provides full mitigation for the proposed project, and therefore no further surveys are required in connection with VTTM 35001 prior to approval of a developm ent proposal. Therefore, the subject project is consistent with the Additional Survey Needs and Procedures of the MSHCP. 6. The Project is consistent with the Urban/Wildlands Interface Guidelines. Section 6.1.4 of the MSHCP sets forth guidelines which are intended to address indirect effects associated with locating development in proximity to the MSHCP Conservation Area, where applicable. Pursuant to the adopted MOU, any potential urban/wildlands interface impacts associated with the subject property will be mitigated due to the conservation of approximately 598 acres of land adjacent to the project property that was sold to the County of Riverside for conservation purposes. 7. The Project is consistent with the Vegetation Mapping requirements. Pursuant to the adopted MOU, no further action regarding this section of the MSHCP is required. 8. The Project is consistent with the Fuels Management Guidelines. The MSHCP acknowledges that brush management to reduce fuel loads and protect urban uses and public health/safety shall occur where development is adjacent to conservation areas. The property is adjacent to an MSHCP Conservation Area. One of the scenarios in the Fuels Management Guidelines is that any new development planned adjacent to a MSHCP conservation area or other undeveloped area shall incorporate brush management guidelines in the development boundaries and shall not encroach into MSHCP conservation areas. The proposed project has prepared a fire-wise fuel modification plan that design’s adequate brush management and required setbacks as prescribed by the adopted Fire Code. The proposed fuel modifications areas have been fully incorporated into the project boundary and does not encroach into the adjacent MSHCP conservation areas. Furthermore, all fuel modification areas can be accessed and maintained without encroaching into the adjacent MSHCP conservation areas. Therefore, the project is found to be consistent with the Fuels Management Guidelines. 9. The Project will be conditioned to pay the City’s MSHCP Local Development Mitigation Fee. As part of the MOU, the development will pay the City’s MSHCP Local Development CC Reso. No. 2020-____ Page 4 of 5 Mitigation Fee (Lake Elsinore Municipal Code 16.85) at the time of issuance of permits. The MSHCP fee was set at $472 at the time Vesting Tentative Tract Map 35001 was approved, but because the project was not developed within 10 years from approval, the mitigation fee is set at the current prevailing fee amount. This is consistent with the MSHCP Mitigation Fee requirement and constitutes full compliance with the MSHCP. 10. The Project is consistent with the MSHCP. The project site is within the MSHCP Elsinore Area Plan, Subunit 2 (Alberhill). The proposed project site lies within Criteria Cells #3855 (120.46 acres), #3957 (116.4 acres), #3954 (91.54 acres), #3853 (27.8 acres), #4057 (14.41 acres), #3854 (14.23 acres), #4056 (5.73 acres), and #3953 (.01 acre). The site is also located in Cell Groups U’, V’, T’, with certain other parcels located independent of any Cell Group. Conservation within this Cell Group will contribute to assembly of Proposed Core 1. According to Section (Elsinore Area Plan), “Conservation within this Cell Group will contribute to assembly of Proposed Core 1. Conservation within this Cell Group will focus on riparian scrub, woodland and forest habitat associated with Alberhill Creek and recovery of adjacent coastal sage scrub habitat. Areas conserved within this Cell Group will be connected to coastal sage scrub, riparian scrub, woodland and forest habitat proposed for conservation in Cell Group O to the north and in Cell #3964 to the east and to coastal sage scrub habitat proposed for conservation in Cell Group W to the south. Conservation within this Cell Group will range from 60%-70% of the Cell Group focusing in the eastern portion of the Cell Group.” An Implementation Plan for the MSHCP conducted by HELIX Environmental Planning in December 2003 analyzed the project site, and concluded, “The conservation configuration [of the approximately 598 acres sold to the County of Riverside] was the subject of the extensive negotiations with the U.S. Fish and Wildlife Service and the California Department of Fish and Game. The project conserves habitat and acreage consistent with the cores and linkages, area plan, planning unit, Cell and Cell Group Criteria. It provides a substantial amount of core habitat in an appropriate configuration and conserves narrow endemic plant species, including Munz's onion and San Diego Ambrosia, at levels required in the plan (90 percent of the population in a configuration that provides for long-term conservation). Specifically, 100 percent of the San Diego Ambrosia and 99 percent of the Munz's onion would be avoided.” The project site comprises portions of a number of Cells and Cell Groups, which cover a total of approximately 400 acres. The sale of adjacent land to the County of Riverside provides for conservation and mitigation of approximately 598 acres and allows of approximately 400 acres. Based upon the acreage, location, habitat and sensitive species, the proposed development, comprising approximately 400 acres, is consistent with MSHCP criteria. CC Reso. No. 2020-____ Page 5 of 5 Section 3: Based upon the evidence presented, both written and testimonial, and the above findings, the Councils find that the Project is consistent with the MSHCP. Section 4: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 14th day of April, 2020. Brian Tisdale, Mayor Attest: ___________________________________ Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2020-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 14, 2020, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk RESOLUTION NO. 2020-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 36636 Whereas, Castle and Cooke Commercial-CA, Inc., has applied for Tentative Tract Map 36636, a subdivision of land that would create six (6) lots for the purposes of finance and conveyance. The project site is located at the southeasterly corner of Interstate 15 and Lake Street. (APNs: 389-020-062, 064, 389-080-055, 056, 390-130-026, 390-130-033, 390-130-034, 390-130-037, 390-160-003, 390-160-014, 390-160-021, 390-170-002, 390-190-014, 390-190-015, 390-190- 017, 390-190-018, 390-200-008, 390-200-012, 390-200-013, and 390-210-021); and, Whereas, pursuant to Chapter 16.24 (Tentative Map) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps; and, Whereas, on March 17, 2020, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and took action to recommend approval of the proposed tentative map; and, Whereas, pursuant to Chapter 16.24 (Tentative Map), the Council has the responsibility of making decisions to approve, conditionally approve, or disapprove recommendations of the Commission for Tentative Maps; and, Whereas, on April 14, 2020, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Prior to making a determination, the Council has reviewed and analyzed the proposed Project pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC. Section 2: The original Final Alberhill Ranch Specific Plan EIR (SCH #88090517) was adopted by the City Council on August 28, 1989. Addendum No. IV to the Alberhill Ranch Specific Plan Final EIR, which was prepared for VTTM No. 35001 was subsequently approved by the City Council on December 11, 2012. Pursuant to CEQA Guidelines Section 15162, staff has determined that the proposed revision and extension of time request to VTTM 35001 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 Environmental Impact Report (EIR) based upon the following findings: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed actions would not result in major revisions of the previous EIR or negative declaration because the proposed project has less residential CC Reso. No. 2020-____ Page 2 of 4 units, a smaller commercial parcel, and the elimination of approximately 5.5 million cubic yards of fill. In totality the actions proposed would result in a smaller project with lesser potential to create significant impacts than what was considered in the Final Alberhill Specific Plan EIR and subsequent addendums. 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Please refer to the response to #1. 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration. The Final Alberhill Specific Plan EIR and subsequent addendums addressed all potential significant effects of the proposed project. The modified project does not create and/or exacerbate existing significant effects. Further, there are no new legally required areas of review which have not been previously addressed. b. Significant effects previously examined will be substantially more severe than shown in the previous EIR. The proposed project due to the reduction in the intensity of development would have less significant effects not discussed in the previous EIR or negative declaration. c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. No modifications to previously approved mitigation measures are proposed and there is no new evidence that suggest mitigation measures previously deemed infeasible are now feasible but declined to be implemented. d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. See response to c above. Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings for approval of Tentative Parcel Map (TPM) No. 36636: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The Project is located within the Residential Single Family (R-SF), Residential Multifamily (R-M), and Neighborhood Commercials districts of the Alberhill Ranch Specific Plan (ARSP) that is intended to accommodate single and multifamily CC Reso. No. 2020-____ Page 3 of 4 residential limited intensity commercial uses. The proposed Project is consistent with the provisions of the ARSP. The ARSP was subject to a consistency finding with the General Plan prior to adoption. Therefore, the Project is found to be consistent with the General Plan. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. 2. The site of the proposed subdivision 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. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The subject tentative map would does not support development of any kind. However, the nature of finance and conveyance maps are to provide a legal mechanism create large lots that are conveyable to differing legal entities that would support further subdivision in the future, in this case these subdivisions would create lots that are able to developed into residential uses, thereby assisting with the housing needs of the region. 4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a. The Project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The Project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. TTM 36636 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 TPM 36636. b. The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the Project. Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council hereby approves Tentative Parcel Map No. 36636. CC Reso. No. 2020-____ Page 4 of 4 Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 14th day of April, 2020. Brian Tisdale, Mayor Attest: ___________________________________ Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2020-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 14, 2020, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk RESOLUTION NO. 2020-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MODIFICATIONS TO VESTING TENTATIVE TRACT MAP NO. 35001) Whereas, Castle and Cooke Commercial-CA, Inc., has applied for modifications to Vesting Tentative Tract Map 35001. The project site is located at the southeasterly corner of Interstate 15 and Lake Street. (APNs: 389-020-062, 064, 389-080-055, 056, 390-130-026, 390-130-033, 390-130-034, 390-130-037, 390-160-003, 390-160-014, 390-160-021, 390-170-002, 390-190- 014, 390-190-015, 390-190-017, 390-190-018, 390-200-008, 390-200-012, 390-200-013, and 390-210-021); and, Whereas, pursuant to Chapter 16.24 (Tentative Map) of the Lake Elsinore Municipal Code (LEMC), the Planning Commission (Commission) has been delegated with the responsibility of making recommendations to the City Council (Council) pertaining to tentative maps; and, Whereas, on March 17, 2020, at a duly noticed Public Hearing, the Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item and took action to recommend approval of the proposed modifications; and, Whereas, pursuant to Chapter 16.24 (Tentative Map), the Council has the responsibility of making decisions to approve, conditionally approve, or disapprove recommendations of the Commission for Tentative Maps; and, Whereas, on April 14, 2020, at a duly noticed Public Hearing, the Council has considered the recommendation of the Commission as well as evidence presented by the Community Development Department and other interested parties with respect to this item. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1: Prior to deciding, the Council has reviewed and analyzed the proposed Project pursuant to the appropriate Planning and Zoning Laws, and Chapter 16 (Subdivisions) of the LEMC. Section 2: The original Final Alberhill Ranch Specific Plan EIR (SCH #88090517) was adopted by the City Council on August 28, 1989. Addendum No. IV to the Alberhill Ranch Specific Plan Final EIR, which was prepared for VTTM No. 35001 was subsequently approved by the City Council on December 11, 2012. Pursuant to CEQA Guidelines Section 15162, staff has determined that the proposed revision and extension of time request to VTTM 35001 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 Environmental Impact Report (EIR) based upon the following findings: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The proposed actions would not result in major revisions of the CC Reso. No. 2020-____ Page 2 of 4 previous EIR or negative declaration because the proposed project has less residential units, a smaller commercial parcel, and the elimination of approximately 5.5 million cubic yards of fill. In totality the actions proposed would result in a smaller project with lesser potential to create significant impacts than what was considered in the Final Alberhill Specific Plan EIR and subsequent addendums. 2. Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Please refer to the response to #1. 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration. The Final Alberhill Specific Plan EIR and subsequent addendums addressed all potential significant effects of the proposed project. The modified project does not create and/or exacerbate existing significant effects. Further, there are no new legally required areas of review which have not been previously addressed. b. Significant effects previously examined will be substantially more severe than shown in the previous EIR. The proposed project due to the reduction in the intensity of development would have less significant effects not discussed in the previous EIR or negative declaration. c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative. No modifications to previously approved mitigation measures are proposed and there is no new evidence that suggest mitigation measures previously deemed infeasible are now feasible but declined to be implemented. d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. See response to c above. Section 3: That in accordance with State Planning and Zoning Law and the LEMC, the Council makes the following findings for approval of Vesting Tentative Tract Map (VTTM) No. 35001: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The Project is located within the Residential Single Family (R-SF), Residential Multifamily (R-M), and Neighborhood Commercials districts of the Alberhill Ranch Specific Plan (ARSP) that is intended to accommodate single and multi-family residential limited intensity commercial uses. The proposed Project is consistent with CC Reso. No. 2020-____ Page 3 of 4 the provisions of the ARSP. The ARSP was subject to a consistency finding with the General Plan prior to adoption. Therefore, the Project is found to be consistent with the General Plan. b. All offsite mitigation measures have been identified in a manner consistent with the General Plan. 2. The site of the proposed subdivision 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. 3. The effects that this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The modified Tract Map is consistent with the land use plan, development and design standards, and programs, and all other appropriate requirements contained in the General Plan. The modified VTTM 35001 is consistent with the residential and commercial land uses within the specific plan and applicable development and design standards. 4. The proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a. The Project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The Project will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. TTM 35001 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 VTTM 35001. b. The map has been circulated to City departments and outside agencies, and appropriate Conditions of Approval have been applied to the Project. Section 4: Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the Project, the Council approves the modifications to Vesting Tentative Tract Map No. 35001. CC Reso. No. 2020-____ Page 4 of 4 Section 5: The City Clerk shall certify to the adoption of this Resolution and enter it into the book of original Resolutions. Passed and Adopted on this 14th day of April 2020. Brian Tisdale, Mayor Attest: ___________________________________ Candice Alvarez, MMC City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, Candice Alvarez, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that Resolution No. 2020-____ was adopted by the City Council of the City of Lake Elsinore, California, at the regular meeting of April 14, 2020, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Candice Alvarez, MMC City Clerk Applicant’s Initials: _____ Page 1 of 16 CONDITIONS OF APPROVAL RESOLUTION: 2020-XX PROJECT: TTM 36636 and VTTM 35001 PROJECT NAME: Alberhill Ridge PROJECT LOCATION: APNs: 389-020-062, 064, 389-080-055, 056, 390- 130-026, 390-130-033, 390-130-034, 390-130-037, 390-160-003, 390-160-014, 390-160-021, 390-170- 002, 390-190-014, 390-190-015, 390-190-017, 390- 190-018, 390-200-008, 390-200-012, 390-200-013, and 390-210-021) APPROVAL DATE: EXPIRATION DATE: GENERAL 1. 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 Vesting Tentative Tract Map No. 35001, located within the Alberhill Specific Plan Amendment No. 1 (Brighton Specific Plan) on the east side of Lake Street between Nichols Road and the 1-15 Freeway, project attached hereto. PLANNING DIVISION 2. Vesting Tentative Tract Map No. 35001 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the State of California Subdivision Map Act and applicable requirements of the Lake Elsinore Municipal Code. 3. Vesting Tentative Tract Map No. 35001 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Development shall comply with those standards and guidelines of the Elements contained in the Brighton Specific Plan document. 5. Vesting Tentative Tract Map No. 35001 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Brighton Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 6. The applicant shall complete and sign an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department - Planning Division within 30 days of project approval by the Director of Community Development. 7. The applicant shall participate in the City of Lake Elsinore Citywide Lighting and Landscape and Street Maintenance District, as appropriate. VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 2 of 16 8. The applicant shall provide all project-related onsite and offsite improvements as described in the Brighton Specific Plan document and Vesting Tentative Tract Map No. 35001. 9. The applicant shall implement those mitigation measures identified in the 1990 Final Brighton Specific Plan EIR and the 2012 CEQA Addendum No. 4 to the Final Brighton Specific Plan EIR. Included as attachment "A" to these project Conditions of Approval. 10. The applicant shall comply with all conditions of the Riverside County Fire Department. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department. Parks 11. Under the Quimby Act, the project must provide 23.6 acres of park dedication. This Quimby Act requirement shall be satisfied by compliance with the following provisions and those set forth in Condition No. 12. In accordance with the Brighton Specific Plan. VTTM 35001 receives credit for 10.5 acres of parkland within the previously constructed 22.4 acre Alberhill Ranch Community Park across Nichols road to the south within the Murdock Alberhill Ranch Specific Plan (Tract No. 28214-4). Consistent with the Brighton Specific Plan, the Developer shall dedicate and improve a 5.4 net acre "turnkey" park within the development prior to the final inspection and occupancy of the first residential unit within VTTM 35001. In addition, the Developer shall dedicate and improve Lots DD and SS park prior to issuance of the final inspection and occupancy of the last residential unit within VTTM 35001 Phase 5. Prior to park construction, the Developer shall submit park improvement plans for approval by the City Manager or designee. The park design for parks shall comply with the City's Park and Recreation Master Plan. 12. As approved by the City Manager or designee, "Turnkey" improvements for the 5.4-acre neighborhood park shall include the following standard park facility types and amenities: A. Two (2) Little League Baseball Fields (60-foot baselines and 220-foot foul lines) a. Four (4) Bleachers b. Chain-link Fenced back-stops B. One (1) Restroom Facility. C. One (1) Flag Pole with internal halyard D. One (1) Half-Court Basketball court. E. One (1) Preschool (2-5 years) and Elementary (5-12 years) Age Playground with Shade cover over entire Children's Play Area. F. Parking lot with a minimum of 32 spaces. G. Perimeter Walking Trail with Par Course. H. Park Monument entry signage per City Identity Standards Guide. I. Top Soil consisting of imported twelve-inch (12") deep Class A material for all fields with turf. J. Amenities: a. Per City Identity Standards Guide b. Eight (8) Benches VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 3 of 16 c. Two (2) Picnic Tables d. Two (2) BBQs e. Five (5) Waste Containers f. One (1) Hot Ash Container g. General Park Lighting h. Drinking fountains i. Signage j. Landscaping k. Decorative Fencing along southern perimeter of park. l. Lockable Entry Gates into parking lot of Park m. As-built Plan Drawings on Mylar & Electronic (PDF) formats. 13. The Developer may offer for dedication an additional 27.3-acre linear trail area along Lake Street. Acceptance of the dedication by the City shall be subject to the Developer providing an aquascaped streambed. landscaping and trail improvements in accordance with the City’s Park and Recreation Master Plan and as approved by the City Manager or designee. 14. Prior to the issuance of any residential building permit in the Project, Owner shall pay to City “Alberhill Park Fee” in an amount equal to $2.00 per square foot of assessable space. “Assessable space” means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, detached accessory structure or similar area. The amount of square footage within the perimeter of a residential structure shall be calculated by the City’s building department in accordance with the City’s standard practice of calculating structural perimeters. The Alberhill Park Fee shall be deposited by City in the Alberhill Park Fund and used in accordance with the provisions of that certain Development Agreement By and Between the City of Lake Elsinore and Pacific Clay Products, Inc. Regarding The Development Known As Alberhill Villages dated as of July 20, 201 and recorded as Instrument No. 2018-0292047 in the official land records of Riverside County. Prior to Final Tract Map 15. All lots shall comply with minimum standards contained in the Brighton Specific Plan. 16. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 17. Street names within the subdivision shall be approved by the Community Development Director or Designee. 18. AII of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 19. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). Prior to Design Review Approval 20. AII future structural development associated with this map requires separate Design Review approval. VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 4 of 16 21. Design for all drainage basins proposed with Vesting Tentative Tract Map No. 35001 shall be approved by the City Engineer and Community Development Director or designee. Security fencing where required shall be shown. Exposed chain-link fencing is prohibited. Prior to Building Permit/Grading Permits 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a final Fuel Modification Plan and Program, consistent with the previously approved Fuel Modification Plan and Program shall be approved by the Fire Department for future development. 24. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 25. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 26. The applicant shall pay applicable fees and obtain proper clearance from the appropriate School District prior to issuance of building permits. 27. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 28. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following:  Show that a masonry or decorative block wall will be constructed along the entire tract boundary.  Show materials, colors, and heights of rear, side and front walls/fences for proposed lots.  Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted.  Show that side walls for corner lots shall be decorative masonry block walls.  Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 29. The applicant 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 association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 30. The applicant shall meet all requirements of the providing electric utility company. 31. The applicant shall meet all requirements of the providing gas utility company. VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 5 of 16 32. The applicant shall meet all requirements of the providing telephone utility company. 33. A security bond is required guaranteeing the removal of all trailers used during construction. 34. All signage shall be subject to Planning Division review and approval prior to installation. 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 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 36. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 37. 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 (i.e., 7:00A.M. - 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. The sign shall be installed prior to the issuance of a grading permit. 38. At least 30 days prior to any rough grading related ground disturbance activity, the City will contact the appropriate Native American Tribe (Tribe) to notify the Tribe of the initiation of rough grading on the Project site. It is anticipated that the Pechanga Tribe will be the "appropriate" Tribe due to prior and extensive coordination with the City and project applicant in determining potentially significant impacts and appropriate mitigation measures due to its demonstrated cultural affiliation with the project area. The Community Development Director (Director) or his Designee shall have the authority to designate the Tribe to select a Native American Tribal Monitor (Monitor) volunteer for the Project site. The designated Monitor will conduct the Monitor activities at a fee not to exceed $5,000 their sole costs. The Tribe and Archaeologist shall independently report via email or other writing any and all archaeological related artifact findings to the Director or his Designee during rough grading of the Project site. A copy of any findings may be provided to the Developer by the Director or his Designee provided appropriate non-disclosure agreements have been executed by the Developer. All monitoring shall be limited to the rough grading being undertaken during each rough grading phase. The Director shall meet with the Developer and Tribe prior to any rough grading activities to develop appropriate protocols for the Operations and Archaeological Monitor activities on each rough grading phase which shall comply will all terms of the Rough Grade Plan. The Protocols shall address the conduct of Archaeological and Tribal Monitoring and the disposition of any Archaeological Artifacts or human remains discovered on the Project Site in accordance with the appropriate laws. The Director or his Designee shall have the authority to modify, direct and re-direct the appropriate actions for any rough grading activity on the Project site in regards to any archaeological findings within the rough grading work VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 6 of 16 areas after consulting with Monitor, Developer and Archaeologist. 39. Throughout construction, as deemed appropriate by the City and the appli cant, fugitive dust suppression along Nichols Road and Lake Street to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 40. Open space lots shall be dedicated to the City in accordance with the requirements of the Brighton Specific Plan and as shown on VTTM 35001. Maintenance of these open space lots shall be in accordance with the maintenance schedule shown on VTTM 35001 -Sheet 4. ENGINEERING DIVISION 41. In accordance with the City's Franchise Agreement for waste disposal & recycling, the developer shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 42. Developer shall mitigate to prevent any flooding and/or erosion downstream caused by development of the site and or diversion of drainage. 43. Any grading that affects "waters of the United States", wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State agencies. 44. The developer shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District for encroaching, grading, or discharging into County flood control facilities right of way. 45. AII required soils, geology, hydrology and hydraulic, and seismic reports shall be prepared by a Registered Civil Engineer. 46. Each final map phase shall be subject to discretionary review and associated conditions of approval. 47. Prior to issuance of the first building permit, the developer shall create or annex the property into Lighting and Landscaping Maintenance District No. 1. Developer shall deposit appropriate, non-refundable funds with the City for the processing of the annexation. An alternative financing mechanism to fund the annual maintenance costs, including creation of a Mello-Roos Community Facilities District in lieu of annexing into the existing district will be considered by the City. Fees 48. To the extent required by law, the developer shall pay all Engineering Division assessed, Development Impact Fees and Plan Check and Permit fees (LEMC 16.34). Applicable Development Impact Fees include: Stephens' Kangaroo Rat Habitat Fee (K-Rat), Traffic Infrastructure Fee (TIF), and Area Drainage Fee, and Transportation Uniform Mitigation Fee (TUMF). VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 7 of 16 49. Applicable Development Impact Fees including "City hall and public works facilities fees and fire facilities fees as set forth in LEMC 16.74 will be assessed at the effective rate at time of payment in full. 50. The developer shall pay applicable MSHCP fees pursuant to that certain Tri-Valley MOU dated 2/4/04. STORM WATER MANAGEMENT I POLLUTION PREVENTION I NPDES Design: 51. A final WQMP shall be prepared, filed, and approved by the City Public Works Department prior to issuance of a rough grading permit for the development of the subdivision. The final WQMP will be prepared in accordance with the City of Lake Elsinore 2010 MS4 Permit (R8- 2010-003) and the County of Riverside Drainage Area Management Plan (DAMP) dated July 2011based on the Preliminary Water Quality Management Plan (PWQMP) prepared by KWC Engineers dated August 2019. 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). 52. The project shall implement LID practices that treat the 85th percentile storm. 53. 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. Construction: 54. A Storm Water Pollution Prevention Plan (SWPPP) is required for this project. 55. SWPPP - A copy of the current SWPPP shall be kept at the project site, updated as necessary and be available for review upon request. Projects that are not subject to coverage under the General Permit- Construction will prepare and implement an Erosion and Sediment Control Plan in compliance with the California Building Code and Local Ordinances. 56. Prior to grading or building permit the applicant shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the letter of notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing to the satisfaction of the City Engineer. 57. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City's NPDES Program and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 8 of 16 construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored and secured to prevent transport into local drainages or waters by wind, rain, tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. A copy of the plan shall be incorporated into the SWPPP as applicable, kept updated as needed to address changing circumstances of the project site, be kept at the project site and available for review upon request. Post Construction: 58. The applicant shall use the Water Quality Management Plan for the Santa Ana Region of Riverside County guidance document and template for preparation of the final WQMP. 59. 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:  Vector issues are addressed in the BMP design, operation and maintenance.  GIS coordinates for all LID and Treatment Control BMP  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. 60. Operation and Maintenance (O&M) Plan that (1) describes the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identif ies the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; and (3) describes the mechanism for funding the long-term operation and maintenance of the referenced BMPs. 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. 61. As required by the City Engineer, detention basin's shall be designed to include a 15-foot wide access road extending from the entrance to the basin floor. Maintenance road lengths extending 500-feet or more will require a turn-around at the bottom of the entrance ramp. TENTATIVE TRACT MAP 62. Provide a copy of the Preliminary Title Report. 63. Show on the Vesting Tentative Tract Map:  Note Tax Assessor's Parcel Numbers on Map  Provide Legend for identification of Utilities. 64. Provide written confirmation that RCFCD will maintain the existing proposed detention basin on Lot 943 or remove maintenance statement from tentative map. VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 9 of 16 65. The location of LID BMPs to be used shall be based on the PWQMP dated May 28, 2019, on file with City. FINAL TRACT MAP 66. The developer shall submit for plan check review and approval a final map. 67. The Final Tract Map or Parcel Map shall include the phasing boundaries consistent with the lots of the Tentative Tract. The phasing boundaries or lots shall be processed as separate tract maps. 68. Revisions to the phasing plan shown on VTTM shall be approved by the City Engineer prior to issuance of any permits. 69. Prior to City Council approval of the Tract Final Map, the developer shall, in accordance with Government Code, have constructed all improvements or noted on the title sheet of the map the improvements to be constructed or have improvement plans submitted and approved, agreements executed and securities posted. UTILITIES: 70. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded in accordance with Chapter 12.16 of the Lake Elsinore Municipal Code (LEMC) 71. 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. 72. The developer shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 73. The developer shall comply with the "Will Serve" letter dated 07/31/12. Developer shall supply to the City Engineering Division a copy of the "Will Serve" letter from Elsinore Valley Municipal Water District stating that water and sewer arrangements have been made for this project. IMPROVEMENTS Design 74. The development of each Planning Area or Phase shall be subject for specific review and conditions of approval. 75. Sight distance at all intersections shall comply with CALTRANS Standards. 76. The developer shall install permanent bench marks at the following locations, Lake & Nichols, Lake & Alberhill Ridge Road, and Alberhill Ridge Road & "B" Street per City of Lake Elsinore VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 10 of 16 h Standards and at locations to be determined by City Engineer. 77. The developer shall install blue dot markers in the roadway at a right angle to Fire Hydrant locations per Lake Elsinore Standards. 78. The developer shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 79. 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 one of these criteria are exceeded, drainage facilities shall be provided. 80. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 81. A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and onsite drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 82. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. All off -site drainage, if different from historic flow, shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 83. Developer or HOA shall maintain the existing detention basin (Lot 943) until transfer of maintenance responsibility is accepted by RCFC&WCD. 84. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 85. The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 86. AII Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) and Lake Elsinore Public Works Standard Plans. 87. The Developer and its successors in interest, shall cause a Traffic Study to be prepared and submitted to the City of Lake Elsinore Public Works Department prior to the issuance of the 201st Building Permit for the Alberhill Ridge project and every 100 Building Permits thereafter until completion of the project in order to evaluate the actual traffic impacts of the Alberhill Ridge development and determine consistency with the trigger to construct the Nexus Improvements as identified in the LLG Traffic Study Report dated, February 29th 2012. Any identified traffic improvements in the periodic traffic studies shall be constructed within 100 Building Permits or 18 months of the acceptance of the Traffic Study by the City of Lake VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 11 of 16 Elsinore whichever occurs first. 88. The Traffic Study shall consist of conducting AM and PM peak period traffic counts at the study intersections identified as being impacted during the phased horizon year analysis consistent with original traffic impact analysis (TIA), dated February 29, 2012, and performing AM and PM peak hour level of service (LOS) analyses, accordingly. The Traffic Study Report shall consist of a letter report complete with existing traffic volume figures, a LOS summary table, appendix material presenting the existing traffic counts and LOS calculations, and a summary of the Nexus and traffic improvements required. 89. The Developer shall construct the northerly half street improvements in Nichols Road (120' R/W) adjacent to the County of Riverside +/-598-acre property from the easterly project boundary of VTTM 35001 to the westerly boundary of VTTM 30836 prior to the 800th residential Building Permit of VTTM 35001. 90. The developer shall construct full width street improvements and dedicate the right of way on Alberhill Ridge Road, "A" to "H", "J" to "M", "Q", "R", "U" to "Z" as shown on the map and/or per design guidelines in the Specific Plan. "B" Street shall be constructed and dedicated as a 90 ft. right-of-way, with a 14ft median, and two (2) 20-foot travel lanes as shown on the tentative map. Streets "A" and "C" shall be constructed and dedicated as a 54-foot right-of- way, 40-foot roadway consistent with the tentative map with flared (widened) roadway at the intersections as approved to the satisfaction of the City Engineer. 91. Street improvement plans shall be prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 92. The developer shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures on local streets. 93. If existing improvements are to be modified, the existing improvement plans on file shall be modified accordingly and approved by the City Engineer. Permitting/Construction 94. An Encroachment Permit shall be obtained prior to any work on City and/or State right-of- way. The developer shall submit the permit application, required fees and executed agreements, security and other required documentation prior to issuance. 95. 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. 96. The developer shall be responsible for acquiring right -of-ways in which the developer or the City has no legal title or interest. If the developer is unsuccessful in acquiring such right-of- ways necessary to satisfy a condition of approval, the City could assist the developer in the Eminent Domain acquisition process at developer's cost in accordance with the Subdivision Map Act. VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 12 of 16 97. All streets shall be constructed per Lake Elsinore City Standards and/or applicable specific plan. Any deviation from City standards shall be approved by the City Engineer. Acceptance of Improvements 98. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Request for reimbursement or credits shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 99. The developer shall submit a written request for acceptance to the City Engineer. 100. As-built plans shall be completed and signed by the City Engineer. GRADING Design: 101. A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on the site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake- elsinore.org). 102. All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 103. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 104. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and/or topography shall be approved by the City Engineer. 105. A seismic study shall be performed on the site to identify any hidden earthquake faults, liquefaction and/or subsidence zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard. 106. The Developer shall submit a Phase 1 Environmental Assessment Report on the Project area prior to issuance of a demolition, clearing and grubbing or rough grading permit for review and approval by the City Engineer. 107. Cut and fill earthwork quantities shall balance on site. 108. The developer shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners. VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 13 of 16 Permit/Construction: 109. Developer shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 110. A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 111. Developer shall provide the city with a copy of the Notice of Intent (NOI) and Waste Discharge Identification (WDID) letter issued by the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program 112. Prior to commencement of grading operations, developer is to provide to the City with a map of all proposed haul routes to be used for movement of export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. Hauling in excess of 5,000 cy shall be approved by City Council. (LEMC 15.72.065) 113. Export sites located within the Lake Elsinore City limits must have an active grading permit. 114. Applicant to provide to the City a video record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 115. All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 116. Submit an approved environmental clearance document to the Engineering Division. This approval shall identify and clear all proposed grading activity anticipated for this project. 117. Developer shall pay all grading permit applicable processing, permit, security and development fees. PRIOR TO ISSUANCE OF BUILDING PERMIT 118. Provide final soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. 119. All required public right-of-way dedications and easements shall be prepared by the developer or his agent and shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 120. Prior to issuance of certificates of use and occupancy or building permits for individual tenant improvements or construction permits for a tank or pipeline, uses shall be identified and, for specified uses (where the proposed improvements will store, generate or handle hazardous materials in quantities that will require permitting and inspection once operational), the developer shall propose plans and measures for chemical management (including, but not VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 14 of 16 limited to, storage, emergency response, employee training, spill contingencies and disposal) to the satisfaction of the County/City Building Official(s). 121. The applicable phased Final Map shall be recorded. 122. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the Traffic Impact Analysis. 123. To the extent required by law, the developer shall pay all Capital Improvement, TIF, TUMF and Master Drainage Fees and Plan Check fees (LEMC 16.34). PRIOR TO OCCUPANCY 124. Comply with the recommendations of the approved Traffic Study Report. 125. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 126. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 127. To the extent required by law, TUMF Fees shall be paid. The TUMF fees shall be the effective date at the time of payment in full accordance with the LEMC. 128. In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. All hauling activity shall comply with the City's Grading Ordinance. 129. All final studies and reports, grade certifications, monument certifications (with tie notes delineated on 8 ½ x 11" mylar) shall be submitted in .tif format on a CD/DVD. Studies and reports include, Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 130. All plan sets and recorded maps shall be digitized and provided on CD/DVD as follows:  Final Map(s)- GIS Shape files* and .tif of recorded map.  Improvement Plans- GIS Shape files* and .tif of approved as built mylar.  Grading Plans- .tif of approved as built mylar.  GIS Shape files must be in projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. 131. Documentation of responsibility for slope maintenance along right-of-ways and open spaces to be maintained by the CFD shall be applied for prior to occupancy/final approval. 132. To the extent required by law, Developer shall pay all outstanding applicable processing and development fees including but not all inclusive: TUMF, MSHCP, TIF, and area drainage prior to occupancy/final approval. DEPARTMENT OF ADMINISTRATIVE SERVICES 133. Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 15 of 16 CFD Prior to approval of the Final Map, Parcel Map, Residential Design Review, or Special Use Permit (as applicable), the applicant shall consent to the formation of a Community Facilities District or annex into the proposed Community Facilities District No. 2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall make a non-refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable. The applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City in lieu of creating/annexing into a district. Contact the Administrative Services Director at 951-674-3124. 134. 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, Special Use Permit or building permit (as applicable), the applicant shall consent to the formation of a Community Facilities District or annex into the proposed Community Facilities District No. 2015-2 (Maintenance Services) to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. Applicant shall make a non-refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable. The applicant may propose alternative financing mechanisms to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project in lieu of creating/annexing into a district. Contact the Administrative Services Director at 951-674-3124.) VTTM 35001 Conditions of Approval CC: TBD Applicant’s Initials: _____ Page 16 of 16 I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on . I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: VTTM 35001 2012 Approved Map / 2020 Amended Map Development Data Comparison 03/30/2020 Development Summary Development area (including offsite grading easement)431.0 AC 396.5 AC Number of Single-Family Lots 1056 939 Number of Multi-Family Units 225 225 Number of Mixed-Use Residential 120 120 Total Housing Units (SF & MF)1401 1284 Multi-Family Area 9.5 AC 10.3 AC Commercial Area (Gross)29.8 AC 28.8 AC Commercial Area (Net)21.2 AC 21.9 AC Project Amenities Linear Park Area 32.3 AC 32.8 AC Public Park Area (including trailhead)9.5 AC 7.9 AC Private Park Area 0 AC 9.4 AC 4200 SF Area/ Density (DU/AC)48.7 AC 3.9 DU/AC 53.6 AC 3.8 DU/AC 5000 SF Area/ Density (DU/AC)133.2 AC 2.5 DU/AC 135.6 AC 2.9 DU/AC 5500 SF Area/ Density (DU/AC)162.7 AC 3.3 DU/AC 159.2 AC 2.2 DU/AC Engineering Planning Data Raw Earthwork Quantities Cut 11,765,000 CY 7,423,000 CY Import / Export 5,791,000 CY export 0 CY import WQMP Basin Area 3.4 AC 7.0 AC Fuel Modification Area 0 92 AC Lots 2012 2020 2012 2020 2012 2020 Min Lot Size 4278 4200 5055 5013 5500 5500 Max Lot Size 14823 14533 22102 24268 27683 36420 Avg Lot Size 6740 6020 7725 8019 8834 9440 4200→4999 47 57 ---- 5000→5499 26 47 71 22 -- 5500→5999 10 31 45 68 54 21 6000+108 68 212 301 483 324 Total Lots 191 203 328 391 537 345 Pad Size Min Width 50 50 50 50 55 55 Max Depth 80 80 100 100 100 100 Approved 2012 Map 2020 Amended Map 4200 Zone - SFR-II 5000 Zone - SFR-II 5500 Zone - SFR-I Approved 2012 Map 2020 Amended Map Approved 2012 Map 2020 Amended Map Single Family Area/Unit Summary Comparison - 2012 Approved Map v. 2020 Amended Map R:\07\1100\20 03 30 VTTM 35001 Land Development Data JONES & BEEIRDSLEY, P.C. ATTORNEYS AT LAW ONE RIVER WALK BUILDING 10000 STOCKDALE HIGHWAY, SUITE 395 BAKERSFIELD, CALIFORNIA 93311 Telephone (661) 664-2900 Facsimile (661) 664-2904 maj@jonesbeardsley.com MEMORANDUM TO: Justin Kirk DATE: October 23, 2019 City of Lake Elsinore FROM: Mark A. Jones AIV(� RE: History of VTTM 35001 Justin, Per your request, below is a brief history of the processing and land use entitlements for the property which is subject to VTTM 35001. VTTM 35001 encompasses approximately 392 acres of undeveloped land commonly known as Alberhill Ridge, within the Alberhill community in north Lake Elsinore, located east of Lake Street and north of Nichols Road. In 1989, the City of Lake Elsinore adopted the Alberhill Ranch Specific Plan ("ARSP") following certification of a final environmental impact report ("FEIR") for that project. Two years later, in 1991, the City adopted Amendment No. 1 to the ARSP, which carved 998 acres out of the original ARSP area to create a separate Specific Plan for private development of that area known as the Brighton ARSP. An addendum to the ARSP FEIR was prepared in connection with the approval of the Brighton ARSP. The City's intent in adopting the Brighton ARSP was to authorize a plan of development for up to 2,735 residential units, 89 acres of commercial uses, and other ancillary uses. In February 2004, the County of Riverside and Tri Valley I (together with it successors, referred to as "Tri Valley"), the then owner of the 998 acre Brighton ARSP property, entered into an Acquisition Agreement and accompanying Memorandum of Agreement, whereby Tri Valley agreed to sell the County 598 acres of the Brighton ARSP property for open space, conservation and mitigation purposes, at a substantially reduced purchase price. Under the terms and conditions of the 2004 Acquisition Agreement and accompanying Memorandum of Agreement, the County and Tri Valley I agreed that by selling the 598 acre property to the County at the VTTM 35001 History Summary.04 reduced purchase price, and by paying the prevailing mitigation fee under the adopted Western Riverside County Multiple Species Habitat Conservation Plan ("MSHCP"), Tri Valley would be entitled to develop its remaining �t400 acre property within the Brighton ARSP without "...any .further City and County required conservation mitigation of any kind, including without limitation, any subsequent discovery of endangered species or any further biological surveys, for any proposed development." The Tri Valley agreements were part of the record when the MSHCP was adopted and the I0(a)(1)(B) permit was issued for the plan. In addition, a HANS Equivalency Review and Approval were received for the property pursuant to MSHCP Section 6.1, A, 1. In December 2004, Tri Valley sold the 598 acre property to the County in accordance with the Acquisition Agreement and Memorandum, and as part of that transaction, the County granted Tri Valley a Temporary Operations and Permanent Maintenance Easement Agreement (the "TOPME") over portions of the 598 acre property, which permitted a Tri Valley to use those portions of the 598 acre property for the purpose of augmenting slopes, modifying habitat and maintaining these areas as necessary for the development of Tri Valley's remaining ±400 acres. In or about 2006, Castle & Cooke Commercial -CA, Inc. ("CCCA") purchased the ±400 acre property from Tri Valley, and succeeded to all of its rights under the Acquisition Agreement, Memorandum and TOPME. On November 13, 2012, the Lake Elsinore City Council approved Vesting Tentative Tract Map No. 35001 (the "Original VTTM 35001 ") with the adoption of Resolution No. 2012-054. In connection with this approval, the City adopted findings that the Original VTTM 35001 was in compliance with the MSHCP, and approved Addendum No. 4 to the ARSP EIR. Conditions of Approval were adopted as a part of Resolution No. 2012-054. As approved, the Original VTTM 35001 permitted the subdivision of the 392 acre property into 1,056 single family residential lots, 225 multi -family units, 120 mixed use residential units and 29.8 gross acres of commercial development. Because the boundaries of the Original VTTM 35001 included portions of the County's 598 acre adjacent property which were covered by the TOPME, and to be used for slope modification, fuel modification and fire protection maintenance, the Original VTTM 35001 permitted residential lot development to extend all the way to the exterior boundaries of the 392 acre property. In 2015, a Joint Project Review was completed for the Original VTTM 35001. In 2016, Castle & Cooke and the County of Riverside completed a land exchange whereby Castle & Cooke conveyed approximately 40 acres of its ±400 acre property to Riverside County in exchange for Riverside County's conveyance to Castle & Cooke of approximately 40 acres of its 598 acre property. A CEQA lawsuit was filed challenging the land exchange, which was ultimately dismissed as a result of Castle & Cooke°s and the County's rescission of the land exchange. In connection with the rescission of the land exchange, Castle & Cooke and the County reconveyed the exchanged lands to one another, and terminated the TOPME. On or about October 16, 2016, Castle & Cooke and the City entered into a Tolling Agreement tolling the expiration of the Original VTTM 35001. The term of the Original VTTM 35001 has been extended by the Tolling Agreement (as modified by Amendments 1 through 4 thereto) to October 31, 2019. 2 VTTM 35001 History Summary.04 On November 30, 2018, Castle & Cooke submitted an application for a new VTTM 35001 (the "New VTTM 35001"). The New VTTM 35001 differs from the Original VTTM 35001 in the following respects: • The number of lots within the New VTTM 35001 has been reduced to 939 single family residential lots, as compared to the 1,056 single family residential lots which were mapped within the Original VTTM 35001, a reduction of 117 lots. • The number of multi -family units and mixed -use residential units within the new VTTM 35001 has remained the same as the original VTTM 35001 at 225 multi -family units and 120 mixed use residential units. • The area of commercial development with the new VTTM 35001 has been reduced by 8.6 gross acres to 21.2 gross acres, as compared to 29.8 gross acres of commercial development within the original VTTM 35001. • The site acreage within the new VTTM 35001 has been reduced to 396.5 acres due to refinement of the project boundary via field survey and the dedication of Nichols Road rights -of -way to the City. • All grading, fuel modification and maintenance associated with the development of the 396.5 acre property will be confined to the area within the boundaries of the site (i.e., development of the area covered by the New VTTM 35001 will not affect any portion of the County's adjacent 598 acre property). • Due to the redesign of the New VTTM 35001, grading of site will be essentially balanced, resulting in the elimination of more than 5,500,000 cubic yards (cy), via trucks, of soil which would have been required to have been exported from the site had it been developed under the Original VTTM 35001. VTTM 35001 History Summary.04 I 15 LAKE STWALKER CANYON RD PIERCE STA S H S T NICHOLAS RD C O A L A V E RUNNING DEER RD PEARL ST KINGS HWY LADRILLO ST FERN CIR I 15 I 15 LAKE STWALKER CANYON RD PIERCE STA S H S T NICHOLAS RD C O A L A V E RUNNING DEER RD PEARL ST KINGS HWY LADRILLO ST FERN CIR I 15 Planning Application No. 2016-78 VTTM 35001 (Alberhill Ridge)VICINITY MAP PROJECT SITE ´ I 15 LAKE STASH STPIERCE STMOUNTAIN ST BAKER ST RICE CANYON C O A L A V ERUNNING DEER RD KIWI WAY FIR CIR I 15 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community I 15 LAKE STASH STPIERCE STMOUNTAIN ST BAKER ST RICE CANYON C O A L A V ERUNNING DEER RD KIWI WAY FIR CIR I 15 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics,CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN,IGP, swisstopo, and the GIS User Community Planning Application No. 2016-78 VTTM 35001 (Alberhill Ridge)AERIAL MAP PROJECT SITE ´ ALBERHILL15221423 RANCH ROADN I C H O L S ROADLOT 257.4 ACLOT 163.9 ACLOT 390.3 AC22272326LAKE STREETTEMES C A L W A S HLOT 645.3 ACLOT 731.9 ACLOT 461.5 ACLOT 546.3 ACCOUNTY OF RIVERSIDE(MSHCP)FORTENTATIVE TRACT NO. 36636CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE"CONVEYANCE PURPOSES"TRACT 35000TRACT 35000TRACT 28214COUNTY OF RIVERSIDE(MSHCP) DM67 /00SCf—W11 I Nb7d 1001 / I LO 14Y LO r 00/ / 'LO IV,' o Z v �Q 0 O O O O O 0 0 0 0 �� O W �Z Z� o 0 0 0 0 0 0 0 0 0 0 0 0 Z � � 00� � o Q LZ� O o O " v, r Z�QZ Z OVUW \ i Q Qk Rl Q • Q Oc� m �OO o� Z ZZ�Z UQQ� > Q 00 ZZW� zz Q) \ �� Q0 � cno w� zW wN > Li ZZ Q Z JWA 0 �Z\I O Q WTI\ o 00 W00 °Q u oc� W�p� Q Z SOW � I\�0��� U pUjZ �v��l Q �Z�Z �W OW�� �O c�OVQO O O O �\��� ZF , �� ZO O � � � ZW� pv� L W� QQ�o° W Qk C, oQZoIQ W I Q Q �Wo z 10 LJj �v�Wo V W Q�oZZ mo \ � I o III s II I I °o \ II U Z I / R Lill IA' -kJ II\�� � \) I I I I I v j q � / I b h L q q V IN It b \N q Y—A I q I b a ry b O I q o ^ I b b q b q b q \ q I b \ II I, Lij v b � b o Y V Lli h LIJ LLJ b q b h Q O z� ° / I N a X a ^ b q a a b ^ \ RN b O~ 11 Q N F-W �w h ^ / I V � b I l b o h h i \ � a „XX 107 \ NZ b a ° w 2 I \ 107 Z�l I a o / y Qtz oc N µ 1 4 V TQ 5i. t Q) N W� \ ry � N N b T I N n L �3 r I �O W 0 ' w o 1 b �Wy WotQ O �DVAN" r NoN ` h /� � O ^ a Q 50' o \ ti tie R lA`O �M V -mh I\ C3 �w / ww / nor O I / O II � � � I O / o O v \ I I \ / ALBERHILL RIDGE CITY OF LAKE ELSINORE, CAAMENDED VESTING TENTATIVE TRACT NO. 35001 ALBERHILL RIDGE - AMENDED VESTING TENTATIVE TRACT NO. 35001 ALBERHILL RIDGE - AMENDED VESTING TENTATIVE TRACT NO. 35001 ALBERHILL RIDGE - AMENDED VESTING TENTATIVE TRACT NO. 35001TRACT PHASING PLAN & TRACT MAINTENANCE PLAN LOT OOLOT DD LOT ULOT V VLOT AAALOT BBBLOT CCCLOT DDDLOT EEELOT FFF LOT GGGLOT HHHLOT III LOT SS LOT PP LOT KKKLOT JJJLOT 1LOT 2LAKE STREETNICHOLS ROADN.A.P.ALBERHILL RIDGE - TRACT 35001PUBLIC AND PRIVATE PARK AREA SUMMARY