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HomeMy WebLinkAboutCC Reso No 2008-037RESOLUTION NO. 2008- 37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 33486 WHEREAS, representing Corman Leigh Communities, filed an application with the City of Lake Elsinore requesting approval of an Extension of Time for Tentative Tract Map No. 33486 (the "Extension"); and WHEREAS, the six (6) lot, 24 acre parcel, is proposed to be subdivided into eighty-three (83) lots including two (2) existing lot and associated improvements; and WHEREAS, the 24 acre parcel is located on Machado Street between Zieglinde Drive and Lakeshore Drive (APN's 379-150-001, 002, and 041 thru 044); and WHEREAS, Subdivision B of Section 16.24.160 of the Lake Elsinore Municipal Code says that the approval of a tentative minor land division map shall expire after twenty-four (24) months, unless within that period of time a final map has been filed with the County Recorder, or the land divider has applied for an extension for a period or periods not exceeding thirty-six (36) months; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, on February 28, 2006, the City Council of the City of Lake Elsinore, adopted Mitigated Negative Declaration No. 2005-05 and Mitigation Monitoring and Reporting Program (SCH No. 2005121086) in accordance with the requirements of the CEQA and the CEQA Guidelines; and WHEREAS, the Extension is found to be in conformance with the originally approved Tentative Tract Map and the Extension does not present new information regarding the potential environmental impacts of development; and 1 WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on February 26, 2008. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council has considered the proposed Extension of Time, and has found it acceptable. Section 2. That in accordance with CEQA and the CEQA Guidelines, the City Council finds that the Extension of Time conforms with the originally approved map, and does not present any new information, circumstances, or changes to the project that was analyzed under Mitigated Negative Declaration No. 2005-05. The extension of time does not change density or intensity of use. It simply extends the land use entitlement for an additional thirty-six (36) months, allowing the applicant more time within which to develop the property in accordance with conditions of approval. Therefore, it is not necessary to conduct any further environmental review for the Project. Section 3. That in accordance with Lake Elsinore Municipal Code Section 16.24, the City Council makes the following findings for the approval of the Extension of Time for thirty-six (36) months for Tentative Tract Map No. 33486: 1. The Extension of Time for the subdivision known as Tentative Tract Map No. 33486 is consistent with the City's General Plan. The single family development, as designed, assists in achieving a well-balanced and functional mix of land uses. The design of the single family development and density are consistent with the General Plan. 2. 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 p~oject is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The project is conditioned to annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The project is conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained 2 by the City, and for street lights in the public right-of-way for which fhe City will pay for electricity and a maintenance fee to Southern Califomia Edison. 3. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. Tentative Tract Map No. 33486 is conditioned to comply with all development standards of the Lake Elsinore Municipal Code and the General Plan. These standards have been prepared and reviewed fo benefit the public health, safeiy and welfare of Lake Elsinore guests and residents. 4. 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. All known easements or requests for access have been incorporated into Tentative Tract Map No. 33486. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their appro~al during construction. Section 4. Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the Extension, the City Council hereby approves an extension of time not to exceed thirty-six (36) months for Tentative Tract Map No. 33486. Section 5. This Resolution shall take effect from and after the date of its passage and adoption. 2008. PASSED, APPROVED AND ADOPTED on this 26th day of February ~ ~~ DA HICKMAN, MAYOR CITY OF LAKE ELSINORE A E T: ~. VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: , B RBARA Z ID L IBOLD CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. ~nna-~~ was adopted by the City Council of the City of Lake Elsinore at a regular meeting held on the 26th day of February 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Councilmembers Thomas Buckley, Robert E. Magee and Robert Schiffner NOES: None ABSTAIN: None ABSENT: None /t,~ . h.,~ ~ VIVIAN M. MUNSON CITY CLERK 4 CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2-26-08) GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its O~cial, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Tract Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. • , , . Completed per Planning Division 3. The applicant shall comply with those mitigation measures identified in the Mitigated Negative Declaration No. 2005-05/Mitigation Monitoring Plan. TENTATIVE TRACT MAP NO. 33486 4. The Tentative Tract Map will expire two (2) years from date of approval unless within that period of time CC&R's, if required, and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Added at City Council Meeting of February 26, 2008 `Approval of the E~ctension of Time will extend Tentative Tract Map No. 33486 three (3) years or until February 26, 2011" 5. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 6. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and recommended approval by the Planning Commission and approved by the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2-26-08) as part of the agreements. In the event an association or other legally responsible entity fail to maintain applicable improvements in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 8. Prior to construction of the proposed detention basin, a Fencing Plan shall be submitted for review and approval by the Planning Division. 9. Prior to Final Map recordation, in the event that an LLMD or other acceptable entity is not formed, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded and funded in place. All Association documents shall be approved by the City and recorded, such as Articles of Incorporation for the Association, and Covenants, Conditions, and Restrictions (CC&R's). 10. Membership in the Home Owne~'s Association, if required, shall be mandatory for each buyer and any successive buyer. ADMINISTRATIVE SERVICES 11. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003- 01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 12. Prior to app.roval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscaping Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas 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. 13.Upon completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee. 14. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall form a Mello-Roos Community Facility District to fund the on-going operation and maintenance of the new parks, 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. CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2-26-08) ENGINEERING DIVISION General Requirements: 15.A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 16. Prior to commencement of grading operations, if off-site soils transport is required, applicant to provide the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 17.A11 grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 18. Tract Phasing Plan shall be approved by the City Engineer. Bond public improvements for each Phase as approved by the City Engineer. Secondary access shall be provided for each phase. 19. An Encroachment Permit shall be obtained prior to any work on City right-of-way. 20.A11 utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 21. 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. 22.The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 23.19 Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 24.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities shall be provided. 25.Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2-26-08) provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on-site or off-site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner. 26.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. An access road for maintenance to detention/water quality basins shall be provided. 27.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 28.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 29.Street improvements including street lighting, traffic signals, and traffic signing and striping shall be required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and/or riverside county standards. 30.Street lighting and landscaping on public right-of-way shall be maintained by a maintenance assessment district. 31.A11 open space and slopes and detention basin shall be owned and maintained by an LLMD. If an LLMD or other appropriate entity cannot be formed, then maintenance shall be provided by a home owner's association. An access road for maintenance shall be provided. 32. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 33. Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044. 34.On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 35.A11 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. CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2-26-08) 36. Roof drains shall not be allowed to outlet directly through coring in the street curb. 37. Roofs should drain to a landscaped area. 38.Applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 39. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality in the Riverside county NPDES Drainage Area Management Plan. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 40.Applicant shall form or annex into an LLMD. If an LLMD or other appropriate entity cannot be formed, then the applicant shall record CC & R's for maintenance of, the detention basin and street lighting within the project. The CC & R's shall be approved by the Planning Director prior to recordation of final map. 41.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 42.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 43.A11 Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 44. Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 45. Some of the improvements shown on the Map and/or required by these conditions could be located off-site on property which neither the City nor the subdivider may have no title or interest to permit the improvements to be made without acquisition of title or interest. The subdivider shall pay all costs for acquisition of title or interest. 46.A Calif. Registered Civil Engineer shall prepare street and drainage improvement plans and specifications. Improvements shall be designed and constructed to Riverside CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2-26-08) County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 47.Interior streets shall be dedicated and improved to public residential street standards (40'/60') or as shown in the map. 48.Construct a traffic signal at Terra Cotta Road and Lakeshore Drive as required by the Traffic Study contained within the Mitigated Monitoring Program. Note that this location is covered under the TIF program. The applicant may ask for a reimbursement agreement subject to the approval of the City Engineer. 49. Construct half-width street improvements along the project frontage on Machado Street. The improvements include ac pavement, ac transitions, curb and gutter, sidewalk, street lighting, and signing striping. 50. Construct a paved pedestrian connection that provides access from Terra Cotta Road to the ac paved road at the northeast corner of the property. 51.Install survey monument at Terra Cotta Road and "A" Street. 52. Contribute on a fair share basis to the cost of traffic improvements as listed in Table 6-1 of the Traffic Study prepared by Urban Crossroads dated October 10, 2005. Prior to Issuance of a Grading Permit: 53.Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate increased in runoff, flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 54.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 55.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/o~ liquefaction zones present on-site. 56.The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2-26-08) 57.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 58.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit: 59.A11 Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 60. Street dedications and abandonment shall be processed and approved prior to building permitissuance. 61.Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specifv the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 62. Pay all Capital Improvement Mitigation and Plan Check fees (LEMC 16.34). 63. Pay the fair share cost of Traffic Improvements required in the traffic study. Prior to Occupancy: 64. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 65.The improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. CONDITIONS OF APPROVAL FOR MITIGATED NEGATIVE DECLARATION NO. 2005-05, TENTATIVE TRACT MAP NO. 33486 (PURSUANT TO EXTENSION OF TIME 2-26-OS) 66.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Divisiori before final inspection of off-site improvements will be scheduled and approved. 67.A11 public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 68.A11 traffic signing and striping shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 69. Water and sewer improvements shall be completed in accordance with Water District requirements. 70.The Traffic Signal at Terra Cotta Road and Lakeshore Drive shall be completed and in operation as required by the Traffic Study contained within the Mitigation Monitoring Program. End of Conditions