HomeMy WebLinkAbout08-09-2005 City Council Minutes Page Twelve — City Council Minutes —August 9, 2005
AMENDMENT NO. 2005-05 AMENDING THE LAND USE
DESIGNATION OF THE PARCELS SPECIFICALLY
DESCRIBED AS PARCEL NO(S) 2, 3 AND 4 ON EXHIBIT "A"
OF LOT LINE ADJUSTMENT NO. 2004-08.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND
CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT
UPON FIRST READING, BY TITLE ONLY OF ORDINANCE NO.
1155.
ORDINANCE NO. 1155
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE
CHANGE NO. 2005-06 CHANGING THE ZONING
DESIGNATION OF THE PARCELS SPECIFICALLY
DESCRIBED AS PARCEL NO(S) 29 3 AND 4 ON EXHIBIT "All
OF LOT LINE ADJUSTMENT NO. 2004-08 TO R-3 HIGH
DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING
ORDINANCE.
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
25. Mitigated Negative Declaration No. 2005-04/Mitigation_Monitoring
Program, General Plan Amendment No. 2004-100, Tentative Parcel Map
(for condominium-Moses) N. 32674 and Residential Design Review
No. 2004-11.(F83.2)(F 110.2)
Agenda Item No.
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Mayor Magee introduced the item and deferred to City Manager Brady.
City Manager Brady gave an overview of the item. City Manager
Brady gave the location of the property. He advised that the item went
before the Planning Commission on July 5th and they recommended
approval.
Mayor Magee requested clarification of the new Condition of Approval.
City Manager Brady explained that Condition of Approval No. 56 was
based on the discussion regarding construction of the median on
Riverside Drive. He indicated that the new condition was to read as
follows: The applicant must pay a fee in lieu of construction for the
cost of design and installation of the ultimate median section on
Riverside Drive per the General Plan. The fee will be determined by a
cost estimate for the improvements provided by the applicant and will
be reviewed and approved by the City Engineer. The City fee shall be
held for a period of ten years, at which time if not used by the City for
the median installation shall be reviewed by the City Attorney for
reimbursement to the applicant.
Mayor Magee opened the public hearing at 7:42 p.m.
Teofilo Hamui, Riverlake Villas representative, commented that he was
available to answer any questions. He indicated that Riverlake Villas
did agree with the changing of condition no. 56.
Mayor Magee closed the public hearing at 7:44 p.m.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-100,
ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-
04/MITIGATION MONITORING PROGRAM.
Agenda Item No.
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RESOLUTION NO. 2005-100
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADOPTING MITIGATED NEGATIVE
DECLARATION NO. 2005-04/MITIGATION MONITORING
PROGRAM FOR THE PROJECT KNOWN AS GENERAL PLAN
AMENDMENT NO. 2004-10; TENTATIVE PARCEL MAP (FOR
CONDOMINIUM PURPOSES) MAP NO. 32674; RESIDENTIAL
DESIGN REVIEW NO. 2004-11; AND CONDITIONAL USE
PERMIT NO. 2004-27 LOCATED AT 32281 RIVERSIDE DRIVE.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND
CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
2005-101, APPROVING GENERAL PLAN AMENDMENT NO. 2004-10.
RESOLUTION NO. 2005-101
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE
ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE
THIRD CYCLE OF THE CALENDAR YEAR 2005 FOR THE
APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-10
AMENDING THE LAND USE DESIGNATION (OF THE
PARCEL IDENTIFIED AS ASSESSOR PARCEL NUMBER 379-
315-033) FROM GENERAL COMMERCIAL (GC) TO MEDIUM
HIGH DENSITY RESIDENTIAL (MHD).
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND
CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
2005-102, APPROVING TENTATIVE PARCEL MAP NO. 32674 AND
ADDING A NEW CONDITION OF APPROVAL NO. 56.
Agenda Item No.
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RESOLUTION NO. 2005-102
A RESOLUTION OF THE CITY OF LAKE ELSINORE
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (FOR
CONDOMINIUM PURPOSES) NO. 32674 FOR THE
"RIVERLAKE VILLAS" LOCATED AT 32281 RIVERSIDE
DRIVE - APN 379-315-033) AND THE ADDITION OF NEW
CONDITION OF APPROVAL NO. 56.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND
CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO.
2005-103, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-11
AND THE ADDITION OF MORE 24-INCH BOX TREES ADDED
ALONG THE FRONTAGE OF RIVERSIDE DRIVE.
RESOLUTION NO. 2005-103
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW
NO. 2004-11 FOR THE DESIGN, CONSTRUCTION AND
ESTABLISHMENT OF THE "RIVERLAKE VILLAS"
LOCATED AT 32281 RIVERSIDE DRIVE - APN 379-315-033.
GENERAL CONDITION
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 Official, 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 Condominium 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.
Agenda Item No.
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2. The applicant shall submit a money order, cashier's check or check, made payable to the
County Recorder, in the amount of $1,314.00 to the Planning Division within 48 hours of
the City Council approval date for the required Environmental Filing.
3. The applicant shall comply with those mitigation measures identified in the Mitigated
Negative Declaration No. 2005-04 (State Clearinghouse No.2005061138) for the
"Riverlake Villas."
4. The applicant shall comply with the requirements of the State Bill 18 relating to Tribal
Consultation.
TENTATIVE PARCEL MAP FOR CONDOMINIUM PURPOSES NO. 32674
5. The Tentative Parcel Map will expire two (2) years from date of approval unless within that
period of time the CCWs 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.
6. The Tentative Parcel 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.
7. Prior to final certificate of occupancy of Tentative Parcel Map,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.
8. Prior to issuance of a grading permit, the applicant shall prepare and record CCWs
against the condominium complex. The CC80s shall be reviewed and approved by the
Community Development Director or Designee and the City Attorney. The CC80s shall
include methods of maintaining common areas, parking and drive aisle areas, landscaped
areas including parkways, and methods for common maintenance of all underground, and
above ground utility infrastructure improvements necessary to support the complex. In
addition, CC8&s shall established methods to address design improvements.
9. No unit in the development shall be sold unless a corporation, association, property
owner's group or similar entity has been formed with the right to financially assess all
properties individually owned or jointly owned which have any rights or interest in the use
of the common areas and common facilities in the development, such assessment power to
be sufficient to meet the expenses of such entity, and with authority to control, and duty to
maintain, all said mutually available features of the development. Such entity shall operate
Agenda Item No.
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under recorded CC80s which shall include compulsory membership of all owners of lots
and/or dwelling units and flexibility of assessments to meet changing costs of maintenance,
repairs, and services. Recorded CC80s shall permit enforcement by the City for
provisions required as Conditions of Approval. The developer shall submit evidence of
compliance with this requirement to, and receive approval of, the City prior to making any
such sale. This condition shall not apply to land dedicated to the City for public purposes.
10. Provisions to restrict parking upon other than approved and developed parking spaces
shall be written into the covenants, conditions and restrictions for each project.
11. The Home Owner's Association shall be established prior to the sale of the first dwelling
unit.
12. Membership in the Home Owner's Association shall be mandatory for each buyer and any
successive buyer.
13. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements
shall be established which will cause a merging of all development phases as they are
completed, and embody one (1) homeowner's association with common area for the total
development of the subject project (Phase I) and the proposed project (Phase II).
14. In the event the association or other legally responsible person(s) fail to maintain said
common area 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 bylaw.
15. Each unit owner shall have full access to commonly owned areas, facilities and utilities.
RESIDENTIAL DESIGN REVIEW NO. 2004-11
16. Design Review approval for Residential Design Review No. 2004-11 will lapse and be void
unless building permits are issued within one (1) year of City Council approval. The
Community Development Director may grant an extension of time of up to one (1) year
per extension, prior to the expiration of the initial Design Review approval. Application
for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to
the expiration date.
17. Conditions of Approval shall be reproduced on page one of building plans submitted to
the Building Division Plan Check All Conditions of Approval shall be met prior to the
issuance of a Certificate of Occupancy and release of utilities.
Agenda Item No.
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18. The dwelling units are two-story, without elevators, and therefore are exempt from
accessibility requirements. The pool area must comply with all accessibility as outlined in
the 2001 California Building Code Sections 1104B.4.3 and 1132B.2. If restroom facilities
are provided at the pool area they must be accessible to the Physically Disabled.
19. All site improvements approved with this request shall be constructed as indicated on the
approved exhibits and/or attachments contained herein. Revisions to approved site plans
or building elevations shall be subject to the review of the Community Development
Director. All plans submitted for Building Division Plan Check shall conform to the
submitted plans as modified by Conditions of Approval, or the Planning Commission/City
Council through subsequent action.
20. All roof mounted or ground support air conditioning units or other mechanical equipment
incidental to development shall be architecturally screened or shielded by landscaping so
that they are not visible from neighboring property or public streets. Any material covering
the roof equipment shall match the primary wall color.
21. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare
onto neighboring property and streets or allow illumination above the horizontal plane of
the fixture. All light fixtures shall match the architectural style of the building.
22. The applicant shall meet Americans with Disabilities Act (ADA) requirements. The club
house shall comply with all ADA requirements, including an accessible path of travel from
the public way and including an accessible parking space. Any common use areas would
also be subject to accessibility requirements.
23. Trash enclosures shall be constructed per City standards as approved by the Community
Development Director or Designee.
24. Applicant shall use roofing materials with Class "A" fire rating.
25. The Planning Division shall approve the location of any construction trailers utilized
during construction. All construction trailers shall require a $1,000.00 cash bond processed
through the Planning Division.
26. Materials and colors depicted on the plans and materials board shall be used unless
modified by the Community Development Director or designee.
27. Decorative paving shall be included at the entryway gate and shall be shown on the
construction drawings submitted to Building and Safety.
28. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart.
Agenda item No.
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29. All exposed slopes in excess of three feet (Y) in height shall have a permanent irrigation
system and erosion control vegetation installed,approved by the Planning Division.
PRIOR TO THE ISSUANCE OF A GRADING PERMIT
30. Prior to the commencement of grading operations, the applicant shall provide a map of all
proposed haul routes to be used for movement of dirt material. Such routes shall be
subject to the review and approval of the City Engineer. A bond may be required to pay
for damages to the public right-of-way,subject to the approval of the City Engineer.
31. Prior to issuance of any grading permit or building permits, the applicant shall sign and
complete an "Acknowledgement of Conditions" form and shall return the executed
original to the Planning Division for inclusion in the case records.
32. The applicant shall submit a photometric study for those light standards located in the
proposed condominium project. Said study shall ensure that parking lot lights will not
disturb neighboring land uses and shall be approved by the Community Development
Director or designee.
PRIOR TO ISSUANCE OF A BUILDING PERMIT
33. Prior to the issuance of building permits, the applicant shall enter into an agreement with
the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the
project as affordable housing units in accordance with the requirements of Section
33413(b) of the California Community Redevelopment Law or an alternative equivalent
action which may include (without limitation) dedication of vacant land, construction of
affordable units on another site, or payment of an in lieu fee calculated to provide
sufficient funds to underwrite the long-term affordability of an equivalent number of
affordable dwelling units constructed or substantially rehabilitated on other sites within the
City's redevelopment project areas.
34. Prior to the issuance of the first building permit, the applicant shall annex into Community
Facilities District No. 2003-1 to offset the annual negative impacts of the project on public
safety operations and maintenance issues in the City.
35. Prior to the issuance of the first building permit, 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 to be maintained by the City and for
street lights in the public right-of-way for which the City will pay for electricity which
includes a maintenance fee to Southern California Edison.
Agenda Item No.
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36. Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the applicant
shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee of
$1,650.00 per lot.
37. Three (3) sets of the Final Landscaping/irrigation Detail Plan shall be submitted, reviewed
and approved by the City's Landscape Architect Consultant and the Community
Development Director or designee,prior to issuance of building permit. A Landscape Plan
Check & Inspection Fee will be charged prior to final landscape approval based on the
Consultant's fee plus forty percent (40%) City fee.
a. All planting areas shall have permanent and automatic sprinkler system with
100% plant and grass coverage using a combination of drip and conventional
irrigation methods.
b. Applicant shall plant street trees, selected from the City's Street Tree List, a
maximum of forty feet (40) apart and at least twenty-four-inch (24") box in
size.
c. All planting areas shall be separated from paved areas with a six inch (6")
high and six inch(6") wide concrete curb.
d. Planting within fifteen feet (15') of ingress/egress points shall be no higher
than thirty-six inches (36").
e. Landscape planters shall be planted with an appropriate parking lot shade
tree to provide for 50%parking lot shading in fifteen(15) years.
f. Any transformers and mechanical or electrical equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
g. The landscape plan shall provide for ground cover, shrubs, and trees and
meet all requirements of the City's adopted Landscape Guidelines. Special
attention to the use of Xeriscape or drought resistant plantings with
combination drip irrigation system to be used to prevent excessive watering.
h. All landscape improvements shall be bonded 100% for material and labor
for two years from installation sign-off by the City. Release of the
landscaping bond shall be requested by the applicant at the end of the
required two years with approval/acceptance by the Landscape Consultant
and Community Development Director or Designee.
Agenda Item No.
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i. All landscaping and irrigation shall be installed within affected portion of
any phase at the time a Certificate of Occupancy is requested for any
building. All planting areas shall include plantings in the Xeriscape concept,
drought tolerant grasses and plants.
j. Final landscape plan must be consistent with approved site plan.
k. Final landscape plans to include planting and irrigation details.
38. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water
District. Proof shall be presented to the Chief Building Official prior to issuance of
building permits and final approval.
39. Prior to issuance of building permits, applicant shall provide assurance that all required fees
to the Lake Elsinore Unified School District have been paid.
40. Prior to issuance of building permits, applicant shall provide assurance that all
requirements of the Riverside County Fire Department have been met.
41. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of
building permit issuance.
ENGINEERING
GENERAL REQUIREMENTS
42, All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMQ.
43. Pay all Capital Improvement and Plan Check fees (LEMC 16.34), including the traffic
mitigation fee (TIF) and the drainage fee and the TUMF fee.
44. Submit a "Will Serve" letter to the City Engineering Division from the applicable water
agency stating that water and sewer arrangements have been made for this project. Submit
this letter prior to recordation of the map.
45. Provide fire protection facilities as required in writing by Riverside County Fire.
46. 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.
Agenda Item No.
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47. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake
faults and/or liquefaction zones present on-site or a licensed geologist or a geotechnical
engineer shall prepare a statement, stating there are no known earthquake faults or
liquefaction zones present.
48. If the development is to be phased, provide a Phasing Plan for the City Engineer's
approval.
49. The existing pole and overhead line running inside and along the north property line shall
be under grounded.
MAP REQUIREMENTS
50. No access other than the entrance driveway access shall be permitted to Riverside Drive.
Access shall be restricted and so noted on the final map.
STREET IMPROVEMENTS
51. Riverside Drive is a State Hghway, under the jurisdiction of Cal Trans. As such, an
encroachment permit shall be required from Cal Trans prior to the approval of the plans
and recordation of the map.
52. 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.
53. Riverside Drive is designated as an Urban Arterial Highway on the City Master Plan of
Streets and shall therefore be dedicated to its master planned width of 120 feet R/W.
54. Riverside Drive shall be restricted to right in and right out movement only. A right turn
only deceleration lane shall be constructed along the project's frontage, an additional twelve
feet (12') in width. The required half width from centerline to curb becomes sixty feet (60)
instead of forty-eight feet (48') and the right of way width becomes seventy-two feet (72)
instead of sixty feet (60'). The applicant may submit a request and plan to Cal Trans and
the City Engineer requesting the existing interim street improvements along this frontage
remain and arrange for an appropriate street improvement in lieu fee or other modified
improvements. If Riverside Drive is to be widened the developer will be required to
relocate or underground the existing pole and overhead utility lines.
55. If the existing street improvements are to be modified as directed by the City Engineer,the
existing street plans on file shall be modified accordingly and approved by the City
Engineer prior to recordation of the Final Map. An encroachment permit will be required
to do the work.
Agenda Item No.
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56.
and appfeV4.
Condition of Approval omitted at City Council Hearing August 9,2005
56. Applicant shall pay a iralieu 91"comtrudio7;for the cost of the design and installation of brie ultirmte
rra, an scion on Riwnide Driw per the General Plan The fee will be determined by a cult estimzte far
the in pwzwers pwwled by the applican4 and will be reziezwd by approzed by&City E ng,'nxr: The f&-
shall be held for a penod gf ten yars; at vhz& wm of not used by the City far the r»lian ir5udlatior4
shall be mueved by the City ttomey for mrra maeuvrt to the applicant
Condition of Approval added at City Council Hearing August 9, 2005
57. A signing and stripping plan for Riverside Drive shall be submitted to the Engineering
Division for review and approval prior to the issuance of building permits.
58. The existing curb drainage outlet to Riverside Drive near the southeasterly edge of the
property shall be removed. No drainage discharge from the property shall discharge at this
location.
59. 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. The
existing pole located 2 feet inside the existing curb face and near the proposed driveway
entrance and overhead lines along the frontage of Riverside Drive may require under
grounding.
60. Construct all public works improvements from property line to one foot beyond centerline
of Riverside Drive, and pavement transitions per approved street plans (LEMC Title 12).
Improvement Plans must be submitted and approved by the City and Cal Trans and signed
by the City Engineer prior to recordation of the Final Map.
61. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil
Engineer. Improvements shall be designed and constructed to Cal Trans Standards, latest
edition.
62. Pay all fees and meet requirements of an encroachment permit issued by Cal Trans and the
Engineering Division for construction of off-site public works improvements. All fees and
requirements for an encroachment permit shall be fulfilled before recordation of the map.
63. Provide street lighting along the Riverside Drive frontage and show lighting improvements
as part of street improvement plans as required by Cal Trans and the City Engineer.
Agenda Item No.
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64. Provide soils, geology and seismic report including street design recommendations.
Provide final soils report showing compliance with recommendations.
65. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before
final inspection of off-site improvements will be scheduled and approved.
66. The applicant shall install permanent benchmarks to Riverside County Standards and at a
location to be determined by City Engineer.
67. Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations.
68. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy
applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS
or developer to pay$300 per sheet for City digitizing.
69. All utilities except electrical over 12 kV shall be placed underground, as approved by the
serving utility.
GRADING
70. All grading shall be done under the supervision of a geotechnical engineer and he shall
certify all slopes steeper than 2 to 1 for stability and proper erosion control.
71. Prior to commencement of grading operations, applicant shall provide to the City a map of
all proposed haul routes to be used for movement of material. Such routes shall be subject
to the review and approval of the City Engineer. Applicant to provide to the City a
photographic baseline record of the condition of all proposed public City haul roads. In
the event of damage to such roads, applicant shall pay full cost of restoring public roads to
the baseline condition. A bond may be required to ensure payment of damages to the
public right-of-way, subject to the approval of the City Engineer.
72. The applicant shall obtain all necessary off-site easements for off-site grading from the
adjacent property owners prior to grading permit issuance.
73. Apply and obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be
required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially
modified as determined by the City Engineer. If the grading is less than 50 cubic yards and
a grading plan is not required, a grading permit shall still be obtained so that a cursory
drainage and flow pattern inspection can be conducted before grading begins.
Agenda Item No.
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74. Applicant to provide erosion control measures as part of their grading plan. The applicant
shall protect storm water quality and met the goals of the BMP in Supplement "A" in the
Riverside County NPDES Drainage Area Management Plan.
75. All waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or other phases of the construction shall be disposed of at
appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling
and storage container services, but the applicant may use the services of another recycling
vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for
bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling
services and the recycling material is either sold or donated to another vendor, the
applicant shall supply proof of debris disposal at a recycling center, including verification of
tonnage by certified weigh master tickets.
DRAINAGE
76. The property is located in the "West Lake Elsinore Drainage District" and shall pay the
appropriate drainage fee.
77. The design capacity and the 100-year flow of Leach Canyon flood Control Channel,
adjacent to his northerly property line,shall be verified to assure adequate flood protection.
78. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. The property is
located in Zone X of the National Flood Insurance maps. Areas of 0.2% annual chance
flood, areas of 1% annual chance flood with average depths of less than 1 foot or with
drainage areas less than 1 sq. mile and areas protected by levees from 1% annual chance
flood). As such the developer is advised that flood insurance may be required, unless the
finish floors are determined to be above the flood plane.
79. Meet all requirements of LEMC 15.68 regarding floodplain management.
80. The applicant to provide FEMA elevation certificates prior to certificate of occupancies.
81. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and
the Riverside County Flood Control District prior to approval of final map. Developer
shall mitigate any flooding and/or erosion caused by development of site and diversion of
drainage.
82. On site storm drain inlet facilities shall be appropriately stenciled to prevent illegally
dumping in the drain system, the wording and stencil shall be approved by the City
Engineer.
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83. Roof and yard drains will not be allowed to outlet through curb cuts in the private street
curb. Roof drains should drain to a landscaped area when ever feasible.
84. 10-year storm runoff should be contained within the curb and the 100-year storm runoff
should be contained within the private street parkway. When either of these criteria is
exceeded,drainage facilities should be installed.
85. On-site drainage shall be conveyed to a public facility or accepted by adjacent property
owners by a letter of drainage acceptance or conveyed to a drainage easement.
86. 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.
87. All drainage facilities in this tract shall be constructed to Riverside County Flood Control
District Standards.
88. 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. If required, the applicant shall provide a
WQMP following construction.
89. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for
their storm water pollution prevention plan including approval of erosion control for the
grading 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. (Required for lot of one acre or more)
90. 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 and met the goals of the BMP in
Supplement "A" in the Riverside County NPDES Drainage Area Management Plan.
(Required for lot of one acre or more)
91. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas
and driveway aisles. (Required for lot of one acre or more). If feasible, a biofilter swale
should be incorporated into the proposed internal catch basins and pipe, before discharge
into Leach Canyon flood Control.
Agenda Item No.
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COMMUNITY SERVICES DEPARTMENT
91. The applicant shall pay park fees of$1,600 per unit.
92. All "Common Passive Open Space Areas" shall be maintained by the Home Owner's
Association (HOA).
93. All recreation facilities and park areas shall be maintained by the HOA.
94. No park credits shall be given for private recreation facilities, park areas or common
passive open space areas.
95. The HOA shall maintain all private roads.
96. The HOA shall maintain all catch basins, collectors, v-ditches or any other related flood
control or storm water control device.
97. The HOA shall maintain all perimeter,entry and interior landscaping.
98. The HOA shall provide all graffiti removal.
99. The City's Landscape Architect shall approve all landscaping plans prior to installation.
100. The applicant shall comply with all City ordinances regarding construction debris, removal
and recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
101. Developer to design multi-family recycling plan.
RIVERSIDE COUNTY FIRE DEPARTMENT
102. The applicant shall comply with all conditions of approval of the Riverside County Fire
Department (See Attached).
CONDITIONAL USE PERMIT NO.2004-27
103. The Conditional Use Permit approved herein shall lapse and shall become void one (1)
year following the date on which the use permit became effective, unless prior to the
expiration of one year, a building permit is issued and construction commenced and
diligently pursued toward completion on the site.
104. The Conditional Use Permit shall comply with the all applicable requirements of the Lake
Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval.
Agenda Item No.
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105. The Conditional Use Permit granted herein shall run with the land and shall continue to be
valid upon a change of ownership of the site or structure which was the subject of this
approval.
106. 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 Official, 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 Conditional Use Pemut No. 2004-27/Residential Design Review No.
2004-11,which action is brought forward 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.
107. Prior to final certificate of occupancy of the Conditional Use Permit, 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.
108. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake
Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels
between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of
10:00 pm to 7:00 am in nearby residential areas. Construction is allowed Monday through
Friday only. Construction is not allowed on weekends or holidays
109. Security lighting shall be required. All exterior on-site lighting shall be shielded and
directed on-site so as not to create glare onto neighboring property and streets or allow
illumination above the horizontal plane of the fixture.
End of Conditions
Note: `Italics indicates addition to text, indicates removal from text.
26. Formation of CFD 2005-5 (Villages at Wasson Can on • call a Special
Election,• Canvas election results- authorizing leyy of special
taxes.(F:22.3)
Mayor Magee introduced the item and deferred to City Manager Brady.
Agenda Item No.
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