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HomeMy WebLinkAboutCC Reso No 2008-105 - , I ! I" RESOLUTION NO. 2008-105 RESOLUTION OF THE CITY COUNCil OF THE CITY OF lAKE ELSINORE, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP NO. 35773 WHEREAS, Castle & Cooke Alberhill Ranch, Inc., (the "Developer"), filed an application with the City of lake Elsinore requesting approval of Vesting Tentative Tract Map No. 35773, which subdivides 19.81 acres of land within the Murdock Alberhill Ranch Specific Plan into seventy two (72) residential lots (the "Subdivision"); and WHEREAS, the Subdivision is located within the Murdock Alberhill Ranch Specific Plan (Planning Area No.2), which is located on the north side of Nichols Road, west of Collier Avenue. Direct access to the Specific Plan area is from Nichols Road. Vesting Tentative Tract Map No. 35773 is located near the northern portion of the identified Planning Area No.2; and WHEREAS, the City Council of the City of Lake Elsinore has been delegated with the responsibility of making decisions pertaining to the subdivision of land; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code ~~ 21000 et seq.: "CEQA") and the CEQA Guidelines (14 C.C.R. ~~ 15000 et seq.), 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(a) states that 'When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: 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; 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; or 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: PAGE 2 OF 5 (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (8) Significant effects previously examined will be substantially more sever than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not the 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; or (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."; and WHEREAS, Addendum No.2 to the certified Final Environmental Impact Report, State Clearinghouse No. 88090517 (the "FEIR") for the Alberhill Ranch Specific Plan was prepared and approved by the City Council in June 1992 to provide environmental analysis and information necessary to support approval of Vesting Tentative Tract Maps 28214 and 30836; and WHEREAS, the Subdivision was contemplated by Specific Plan Amendment No. 2 and does not present substantial changes or new information regarding the potential environmental impacts that were analyzed in the FEIR or the changes addressed in Addendum No 2; and WHEREAS, public notice of the Subdivision has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on November 25, 2008. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Subdivision prior to making a decision to approve the application. The City Council hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that in accordance with CEQA Guidelines Section 15162, the Subdivision does not present a substantial change or new information that would require further CEQA analysis. The environmental impacts associated with Subdivision were contemplated by the FEIR and were fully analyzed and mitigated therein. No new CEQA documentation is necessary r for the Subdivision. I PAGE 3 OF 5 SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the City Council makes the following findings for the approval of Vesting Tentative Tract Map No. 35773: 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. Murdock Alberhill Ranch Specific Plan Amendment No. 2 designates the Subdivision site as Residential Single Family (RSF). Consistent with that designation, the Subdivision will accommodate a single-family residential project with a density of up to four (4) dwelling units per acre. The Subdivision is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Murdock Alberhill Ranch Specific Plan Amendment No.2, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The Subdivision is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan and Murdock Alberhill Ranch Specific Plan Amendment NO.2. Tentative Tract Map No. 35773 is consistent with the RSF designation and applicable development and design standards. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The Subdivision is consistent with the City's General Plan, Zoning Code, and the Murdock Alberhill Ranch Specific Plan Amendment NO.2. The Subdivision will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, the attached conditions of approval, and the recommendation of the Planning Commission, the City Council of the City of Lake Elsinore hereby approves Vesting Tentative Tract Map No. 35773. r SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PAGE 4 OF 5 PASSED, APPROVED AND ADOPTED on this 25th day of November 2008. ~"p MAYOR ~ ./:APPROVED AS TO FORM: Jpi1J~~f} BARA ZEID IB LD CITY ATTORNEY CITY OF LAKE ELSINORE r-- , I PAGE50F5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE ) ) ) ss. I, Carol Cowley, Interim City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2008-105 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 25th day of November 2008, and that the same was adopted by the following vote: AYES: Mayor Daryl Hickman, Mayor Pro Tem Genie Kelley, Council member Thomas Buckley, Councilmember Robert Magee, Councilmember Robert Schiffner NOES: None ABSENT: None ABSTAIN: None I '\ ~J[]: 0: l ~ ~.o (fiIl~ ~), 'Il~:l nh "101 III I jl'i! I " l ,i~ I~lll Il, ! ~m i . , ! ! I~ iIi I i! I! . I ~ 0 , ~ 'I Cl ~ ~ ~ ~ ..... ~ d ~~ , Ii ~~ r ~~ o~~ ~~~ ~~~ ~~:~ ~~;~! ~~;~ 1'1"1 II'! I, "I :lllliliiM1 " ~ ~ ~ I:: ~ ~ ~ " ::. ~ ~, : l"!~; I 1 ~, 'i~ p: ~~:~ ~~\ ~~~~ f~ -;-::- 'lI"lI"pill, Hk;FI,,:,'j q~!~ ~~h ~~ ~ ;~~h i ii r i ~ II ~ l'>) ~~ I" b~ ~~ , 1~ ~W' ~ ~.~ ~~ &~ ~. ~~ .~ ~~ " ~~ ~~ ~ / / ,;% ::s: \':" I , I " , ~ ,~ ~, ~< ~ " ~,t ".~ ~. IIIIII~ ~~ .J ~~ ~I: ~; ~'I ~~ ! , i 1 " ., i ~~ ,p h" B ~~. I ~~~~ ~ ~ ~~~ r- : r I ..- I ! CONDITIONS OF APPROVAL MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 AND VESTING TENTATIVE TRACT MAP NO. 35773 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 Murdock Alberhill Ranch Specific Plan Amendment NO.2 and Vesting Tentative Tract Map No. 35773, located on the north side of Nichols Road, west of Collier Avenue within the Murdock Alberhill Ranch Specific Plan (Planning Area 2), project attached hereto. PLANNING DIVISION MURDOCK ALBERHILlL RANCH SPECIFIC PLAN AMENDMENT NO.2 2. The Draft Murdock Alberhill Ranch Specific Plan Amendment No. 2 shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council. A Final Murdock Alberhill Ranch Specific Plan Amendment NO.2 document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the Murdock Alberhill Ranch Plan Amendment No. 2 document and any required revisions are administratively approved by the Community Development Director or designee. 3. Future development shall comply with those standards and guidelines of the Elements contained in the Murdock Alberhill Ranch Specific Plan document. 4. Those issues, standards, guidelines, etc. not addressed in the Murdock Alberhill Ranch Specific Plan Amendment NO.2 will revert to the City Municipal Code and/or Zoning Code in effect at the time the associated Vesting Tentative Tract Map is approved. VESTING TENTATIVE TRACT MAP NO. 35773 5. Vesting Tentative Tract Map No. 35773 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 Subdivision Map Act. 6. Vesting Tentative Tract Map No. 35773 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Murdock Alberhill Ranch Specific Plan document and the Lake Elsinore Municipal Code (LEMC) in effect on the date of approval of VTTM 35773, unless modified by approved Conditions of Approval. 7. The applicant shall participate in the City of Lake Elsinore Citywide Lighting and Landscape and Street Maintenance District, as appropriate. CONDITIONS OF APPROVAL PAGE 2 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 8. The applicant shall provide all project-related onsite and offsite improvements as described in the Murdock Alberhill Ranch Specific Plan document and Vesting Tentative Tract Map No. 35773. 9. The applicant shall implement those mitigation measures identified in the 1989 Final Murdock Alberhill Ranch Specific Plan EIR and the 1992 Addendum to the Final Murdock Alberhill Ranch Specific Plan EIR. 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 PRIOR TO FINAL TRACT MAP 11. All lots shall comply with minimum standards contained in the Murdock Alberhill Ranch Specific Plan. 12.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 13. Street names within the subdivision shall be approved by the Community Development Director or Designee. 14.AII of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 15. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 16.AII future structural development associated with this map requires separate Design Review approval. 17. Design for all drainage basins proposed with Vesting Tentative Tract Map No 35773 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. PRIOR TO BUILDING PERMIT/GRADING PERMITS r-- 18. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. CONDITIONS OF APPROVAL PAGE 3 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 19. 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. 20. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be reviewed and approved by the Fire Department and City's Landscape Architect for future development. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall conduct a final inspection and plan check final review ensure compliance of said program (As amended by the Planning Commission at the November 4, 2008 meeting). 21. 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. 22. The subject Vesting Tentative Tract Map shall create a Homeowners Association for the maintenance of common property within the subdivision, or annex into the existing Murdock Alberhill Ranch Homeowner's Association. r 23. The applicant shall pay applicable fees and obtain proper clearance from the appropriate School District prior to issuance of building permits. 24. 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. 25. 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 andlor the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 26.A bond is required guaranteeing the removal of all trailers used during construction. 27.AII signage shall be subject to Planning Division review and approval prior to installation. 28. 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 r graded. CONDITIONS OF APPROVAL PAGE 4 OF 6 i MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 ...- I , r-- 29. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays 30. 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., 7:00 A.M. - 5:00 PM., 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. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 31. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy andlor HOA. ENGINEERING DIVISION 32. Maximum cul-de-sac length is 660 feet. however. "0" and "P" Streets can be lenqthened to +/- 870 feet as shown on VTTM 35773. upon approval of a Fuel Modification Plan bv the. Riverside Countv Fire Department (As amended by the Planning Commission at the November 4, 2008 meeting). 33. Roadway width of Street "0" and Street "P" shall be 40-feet of pavement on 54-feet of right- of-way, per Section 5.9.6 and 5.9.7 of the Murdock Alberhill Ranch Specific Plan. ~ Stroet is rovised to conform to the 600 foot maximum length f-or a cui de sac, the roadway width is allo......od to be reduced to the City standard for cui do S:Jcs (As amended by the Planning Commission at the November 4, 2008 meeting). 34.AII cut slopes shall be at a rate of 2:1 unless otherwise approved by the City Engineer 35. Provide Drainage Easements and overland release of water that is conveyed through a private lots. 36. Provide access and access easement to lot "C" for maintenance. 37. The applicant shall install permanent bench marks per Riverside County Standards and on the centerline of "P" Street at the intersection of "0" Street and at the easterly knuckle of "N" Street. 38. Curb inlets shall be sized to capture storm flowing along a 10% grade. 39. Provide details of all basins shown at the top of the slopes including an emergency, overland path to convey the drainage. CONDITIONS OF APPROVAL PAGE 5 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 40.10 year storm runoff shall be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. If either of these criteria are exceeded, drainage facilities shall be designed and constructed. 41. All drainage improvements shall be constructed to City of Lake Elsinore Standards. Where the City Standard does not exist, the facility shall meet Riverside County Standards Facilities larger than 36-inches in diameter shall be constructed to Riverside County Standards. 42.AII compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43. Slope maintenance along right-of-ways and open spaces shall be maintained by a property owner's association or other maintenance mechanism approved by the City. r , 44.AII waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 45. 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. 46.AII 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. 47. Dedicate full width right-of-way and construct full width street improvements for "P" Street, "0" Street, and "N" Streets. The improvements include ac pavement, curb and gutter, sidewalk, street lighting, and signing and striping. Adequate ac transition beyond project limits shall be provided. In addition, adequate drainage protection shall be provided at the end of the transition area. ,-. i , 48. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. CONDITIONS OF APPROVAL PAGE 6 OF 6 MURDOCK ALBERHILL RANCH SPECIFIC PLAN AMENDMENT NO.2 VESTING TENTATIVE TRACT MAP NO. 35773 49. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location. such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 50.AII public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 51.AII required easements, dedications, or vacation as conditions of this development shall be completed and recorded. 52. Water and sewer improvements shall be completed in accordance with Water District requirements. 53. Proof of maintenance responsibility and acceptance shall be provided for all open space. slopes, and drainage facilities, outside the public right-of-way. All documents in support of this requirement shall be recorded with the County Recorder's office. ~ ADMINISTRATIVE SERVICES DEPARTMENT 54. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant shall 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 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. Applicant shall make a four thousand seven hundred dollar ($4,700) non-refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655-3900 x334 or danderson@harris-assoc.com. COMMUNITY SERVICES DEPARTMENT 55. The Developer shall pay all applicable park fees pursuant to the Murdock Alberhill Ranch Development Agreement. 56. Developer shall comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. RIVERSIDE COUNTY FIRE DEPARTMENT ..- i I I 57. The applicant shall comply with all Riverside County Fire Departments requirements and standards. Provide fire protection facilities as required in writing by the Riverside County Fire Department.