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HomeMy WebLinkAboutCC Reso No 2007-069RESOLUTION NO. 2007-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOI2NIA, APPROVING TENTATIVE TRACT MAP NO. 34837 WHEREAS, Corxnan Leigh has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 34837, which subdivides 7.28 acres of land within the Lakeshore Village Specific Plan into one (1) lot far condominium purposes (the "Subdivision"); and WHEREAS, the Subdivision is located on the south side of Lakeshore Drive between Machado and Viscaya Streets (the "Site"); and WHEREAS, the Planning Commission of the City of Lake Elsinore considered the proposed Subdivision at its regularly scheduled April 17, 2007 meeting and made a recommendation that the City Council approve Tentative Tract Map 34837; and WHEREAS, the City Council of the City of Lake Elsinare is responsible for 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 paperwark 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 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, Mitigated Negative Declaration No. 2003-03 evaluated environmental impacts that would result from maximum build-out of the specific plan; and CITY COiTNCIL RESOLUTION NO. 2007-69 PAGE 2 OF 4 WHEREAS, the Subdivision comprises part of the whole of the action and does not present substantial changes or new information regarding the potential environmental impacts of build-out under the specific plan; and WHEREAS, public notice of the Subdivision has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Deparhnent and other interested parties at a public hearing held with respect to this item on May 8, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered Tentative Tract Map 34837 and 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 the Subdivision does not present any new information, circumstances, or changes to the project that was analyzed under the MND. The Subdivision does not change density or intensities of use. The condominium use was contemplated by the Specific Plan and the envirorunental effects associated therewith were properly analyzed and mitigated as part of the MND. Therefore, it is not necessary to conduct any further environmental review far the Subdivision. SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the City Council malces the following findings for the approval of Tentative Tract Map No. 34837: 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. The Lakeshore Village Specific Plan designates the Site as Attached Residential (AR). Consistent with that designation, the Subdivision will accommodate a multi family residential product with a density of up to I S dwelling units per acre. The Subdivision is consistent with the designated CITY COiJNCIL RESOLUTION NO. 2007-69 PAGE 3 OF 4 land use, development and design standards, and all other appropriate requirements contained in the General Plan, Lakeshore Village Specific Plan, 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 Subdivisr.on is c.onsisle.nl with the lnnd use plan, develnpment and design standards and programs, and all other appropriate requirements contained in the General Plan and Lakeshore Village Specific Plan. Tentative Tract Map No. 34837 is consistent with the AR designation and applicable development and design standards. 3. The effects this Subdivision is likely to haee 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 Lakeshore Village Specific Plan. 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 ar 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, and the condirions of approval imposed upon the Subdivision, the City Council hereby approves Tentative Tract Map 34837. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CITY COUNCIL RESOLUTION NO. 2007-69 PAGE 4 OF 4 PASSED, APPROVED AND ADOPTED this 8th day of May 2007, by the following vote: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE Ro`6ert E: Magee, City of Lake Elsit AT ~;: ^ C~ l~( ichelle Soto, Interim City Clerk City of Lake Elsinore APP OVED AS O~g ~. ,r, p ' ~/ l ~" , , % ~%2G~' ~ ~ bara Zeid eibold, City Attorney City of Lake Elsinore FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES GENERAL CONDITION 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 the Conditional Use Permit No. 2006-12, Tentative Tract Map No. 34837, and Residential Design Review No. 2006-18, for the Lakeshore Village Townhomes project attached hereto. CONDITIONAL USE PERMIT NO 2006-12 2. Conditional Use Permit No. 2006-12 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. 3. The Conditional Use Permit shall comply with the all applicable requirements of Title 17 of the Lake Elsinore Municipal Code unless otherwise modified by these Conditions of Approval. 4. 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. 5. 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. 6. 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 of7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 7. 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. TENTATIVE TRACT MAP NO. 34837 8. Tentative Tract Map No. 34837 will expire two (2) years from date of approval unless within that period of time the CC&R's 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. 9. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal. Code, unless otherwise modified by these Conditions of Approval. IO.Prior to final certificate of occupancy of Tentative Tract 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. II.Prior to the first certificate of occupancy the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's 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, CC&R's shall establish methods to address design improvements. I2.The CC&R's shall expressly designate the City of Lake Elsinore as a third party beneficiary to the CC&R's such that the City has the right, but not the obligation, to enforce the provisions of the CC&R's. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES I3.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 under recorded CC&R's 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 CC&R's 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. I4.Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. I5.Membership in the Homeowner's Association shall be mandatory for each buyer and any successive buyer. I6.Reciprocal covenants, conditions, and restnctIOns 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. 17.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 by law. I8.Each unit owner shall have full access to commonly owned areas, facilities and utilities. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 19. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Mitigated Negative Declaration No. 2003-03 prepared for the Lakeshore Village Specific Plan. 20. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. RESIDENTIAL DESIGN REVIEW NO. 2006-18 21.Design Review approval for Residential Design Review No. 2006-18 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. 22.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. 23.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. 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. 24.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. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 25.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. 26.No exterior roof ladders shall be permitted. 27.Applicant shall use roofing materials with Class "A" fire rating. 28. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 29.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 30.Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 31.0n-site surface drainage shall not cross sidewalks. 32.Parking stalls shall be developed pursuant to the requirements of the Lakeshore Village Specific Plan. 33.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 34.The applicant shall set building No. 26 back a minimum often feet (10') from the northern property line to provide additional separation from the adjacent property. In addition, the applicant shall remove uny windows which vie'll out to the said adjacent property and replace '.vith an architectural feature (i.e. shutters) to further assist in the "keeping of privacy" for the adjacent property owners (as amended at City Council meeting on May 8, 2007). Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 35.The applicant shall plant mature trees (a minimum 24 inch box) along the northern property boundary adjacent to buildings to screen and buffer the adjacent properties. 36. The applicant shall proyide wrought iron fencing at the terminus of the two roads V/hich abut the southern property line for the purpose and consideration of future access and circulation to the adjacent property to the south (as amended at City Council meeting on May 8, 2007). PRIOR TO BUILDING/GRADING PERMITS 37.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. 38.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. 39.Three (3) sets of the Final LandscapinglIrrigation Detail Plans 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 a 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 thirty feet (30 ft.) apart and at least twenty-four-inch (24") box III SIze. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 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 ft.) 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 the Landscape Plan and shall be screened as part of the Landscape 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 shall 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. 1. 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. The final Landscape Plan shall be consistent with approved site plan. k. The final Landscape Plan shall include planting and irrigation details. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 40.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 4l.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 42.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 43.Prior to issuance of building permits, applicant shall pay park-in-lieu fees in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 44.The Homeowner's Association shall be established prior to the occupancy release of the first dwelling unit. ENGINEERING 45.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 46.The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 47.The applicant shall 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.. Said letter shall be submitted prior to final map approval. 48. The applicant shall onstruct all public works improvements per approved street plans (LEMC 12.04). All streets providing access shall be constructed prior to issuance of first certificate of occupancy. Planning Commission Approved April 17, 2007 City COWlcil Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 49.Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 50. The applicant shall provide a traffic study for City review and approval. The Study shall evaluate traffic impacts to the transportation system and recommend improvements to maintain City minimum levels of service. Recommendations of the approved traffic study shall become required conditions on the project. 51. The applicant shall construct signal improvements at the main entrance onto Lakeshore Drive: The signal improvement shall be operational prior to issuance of first certificate of occupancy" 52. The applicant shall modify intersection stnpmg at the project entrance and Lakeshore Drive by including a northbound left-turn pocket from Lakeshore Drive into the project. 53.The applicant shall dedicate full half width right of way such that the frontage along Lakeshore Drive measures 60- feet from the road centerline to the project property line. 54. The applicant shall construct: full half width street improvements along the project frontage. The improvements shall measure 48- feet minimum as measured from the centerline of the street to the curb face adjacent to the project frontage. 55. The applicant shall construct: a roadway taper at both ends of the project frontage. The taper shall have a minimum transition rate of 10: 1 and shall extend from the proposed improvement north and south to the corresponding existing edge of pavement. 56.Drive isle clear width shall comply with Fire Department requirements. 57.The main entrance shall be aligned with the centerline alignment of Gunnerson Street. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 58.Sight distance on all on-site and main entrance streets shall conform to CAL TRANS requirements for sight distance. 59.A turn-around opening in the median of the main entry gate shall be provided for errant traffic. 60.The applicant shall secure a reciprocal access easement for the secondary emergency access located at the west end of the project. 61. The applicant shall pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements within the existing street right-of way (LEMC 12.08 and Resolution 83-78). 62.All compaction reports, grade certifications, and monument certifications (with tie notes delineated on 8 'i2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 63. The applicant shall install permanent benchmarks in accordance with Riverside County Standards. 64.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to building permit issuance. 65.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the applicant. 66.Provide fire protection facilities as required in writing by Riverside County Fire. 67.Provide street lighting and show lighting improvements as part of street improvement plans. The spacing of the street lights shall conform to the City Standard street light spacing. 68. Street lights constructed along Lakeshore Drive shall be 22,000 HPSV. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 69.The applicant shall annex into the City's Street Lighting and landscaping Maintenance District. 70.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations in accordance with City Standards. 71.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first occupancy. All traffic control devices shall be installed prior to final inspection of public improvements and issuance of first certificate of occupancy. This includes No Parking and Street Sweeping Signs for streets within the tract. 72.All improvement plans shall be digitized and submitted at Certificate of Occupancy. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or the applicant shall pay $300 per sheet for City digitizing. 73.All utilities, except electrical over 12 KV, shall be placed underground, as approved by the serving utility. 74. The applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer 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. 75.The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 76.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously submitted and approved. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 77.All grading shall be done under the supervision of a geotechnical engineer who 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 and constructed with drainage ditches every 30-vertical feet. 78.Prior to commencement of large scale grading operations, applicant shall provide to the City 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. 79.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a notarized and recorded letter of drainage acceptance or conveyed to an established drainage easement. 80.0n-site drainage facilities located outside of road right-of-way shall be contained within drainage easements shown on the final map. 81.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 82.The applicant shall 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. The report shall verify impacts of storm water on existing facilities. 83.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 84.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 85 .Roof and yard drains shall not outlet directly through cuts in the street curb. Roof drains shall drain through a minimum of twenty (20) feet of landscaped area. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 86.10-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 are exceeded, drainage facilities should be installed. 87.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 88.Applicant shall install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 89.Applicant shall provide the City with proof of filing 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 Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Quality Management Plan (WQMP) detailing the permanent clean water features. The WQMP shall include a maintenance program, for post construction compliance with the City's Clean Water Runoff Program. 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 stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 91.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 92.The Homeowner's Association shall be responsible for maintenance of the open space, private roads and proposed drainage/debris basins within the development. 93.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. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 - FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES COMMUNITY SERVICES DEPARTMENT 94. Applicant shall pay applicable park fees unless documentation IS provided otherwise. 95.No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 96. The developer shall utilize CR&R for all construction debris removal, hauling, and recycling as per City ordinance. 97. The City landscape architect shall review and approve all landscaping plans. 98. The Homeowner's Association shall maintain all block walls and keep them free of graffiti. 99.All interior roads, street signs, street markings, sidewalks, and enhanced concrete shall be maintained by the Homeowner's Association. 100. The water quality basin outlet shall meet all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OF ADMINISTRATIVE SERVICES 101. Prior to the issuance of the first building permit, 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. 102. 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 and a maintenance fee to Southern California Edison. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 103. Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. RIVERSIDE COUNTY FIRE DEPARTMENT 104. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. 105. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES GENERAL CONDITION 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 the Conditional Use Permit No. 2006-12, Tentative Tract Map No. 34837, and Residential Design Review No. 2006-18, for the Lakeshore Village Townhomes project attached hereto. CONDITIONAL USE PERMIT NO 2006-12 2. Conditional Use Permit No. 2006-12 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. 3. The Conditional Use Permit shall comply with the all applicable requirements of Title 17 of the Lake Elsinore Municipal Code unless otherwise modified by these Conditions of Approval. 4. 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. 5. 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. 6. 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 of7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 7. 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. TENTATIVE TRACT MAP NO. 34837 8. Tentative Tract Map No. 34837 will expire two (2) years from date of approval unless within that period of time the CC&R's 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. 9. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of Title 16 of the Lake Elsinore Municipal Code, unless otherwise modified by these Conditions of Approval. 10.Prior to final certificate of occupancy of Tentative Tract 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. II.Prior to the first certificate of occupancy the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's 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, CC&R's shall establish methods to address design improvements. 12. The CC&R's shall expressly designate the City of Lake Elsinore as a third party beneficiary to the CC&R's such that the City has the right, but not the obligation, to enforce the provisions of the CC&R's. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES I3.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 under recorded CC&R's 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 CC&R's 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. I4.Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. IS.Membership in the Homeowner's Association shall be mandatory for each buyer and any successive buyer. I6.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. 17.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 by law. I8.Each unit owner shall have full access to commonly owned areas, facilities and utilities. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 ~ FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 19. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Mitigated Negative Declaration No. 2003-03 prepared for the Lakeshore Village Specific Plan. 20. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. RESIDENTIAL DESIGN REVIEW NO. 2006-18 21.Design Review approval for Residential Design Review No. 2006-18 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. 22.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. 23.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. 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. 24.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. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 25.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. 26.No exterior roof ladders shall be permitted. 27.Applicant shall use roofing materials with Class "A" fire rating. 28. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 29.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 30.Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 31. On-site surface drainage shall not cross sidewalks. 32.Parking stalls shall be developed pursuant to the requirements of the Lakeshore Village Specific Plan. 33.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 34.The applicant shall set building No. 26 back a minimum often feet (10') from the northern property line to provide additional separation from the adjacent property. In addition, the applicant shall remove any windows which view out to the said adjacent property and replace with an architectural feature (i.e. shutters) to further assist in the "keeping of privacy" for the adjacent property owners. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 - FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 35.The applicant shall plant mature trees (a minimum 24 inch box) along the northern property boundary adjacent to buildings to screen and buffer the adjacent properties. 36. The applicant shall provide wrought iron fencing at the terminus of the two roads which abut the southern property line for the purpose and consideration of future access and circulation to the adjacent property to the south. PRIOR TO BUILDING/GRADING PERMITS 37.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. 38.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. 39.Three (3) sets of the Final Landscaping/Irrigation Detail Plans 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 a 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 thirty feet (30 ft.) apart and at least twenty-four-inch (24") box III SIze. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 ~ FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 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 ft.) 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 the Landscape Plan and shall be screened as part of the Landscape 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 shall 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 3;t the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. 1. 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. The final Landscape Plan shall be consistent with approved site plan. k. The final Landscape Plan shall include planting and irrigation details. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 - FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 40.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 41.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 42.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 43.Prior to issuance of building permits, applicant shall pay park - in-lieu fees in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 44.The Homeowner's Association shall be established prior to the occupancy release of the first dwelling unit. ENGINEERING 45.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to final map approval. 46. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 47.The applicant shall 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. Said letter shall be submitted prior to final map approval. 48. The applicant shall onstruct all public works improvements per approved street plans (LEMC 12.04). All streets providing access shall be constructed prior to issuance of first certificate of occupancy. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 - FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 49.Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 50. The applicant shall provide a traffic study for City review and approval. The Study shall evaluate traffic impacts to the transportation system and recommend improvements to maintain City minimum levels of service. Recommendations of the approved traffic study shall become required conditions on the project. 51. The applicant shall construct signal improvements at the main entrance onto Lakeshore Drive. The signal improvement shall be operational prior to issuance of first certificate of occupancy. 52. The applicant shall modify intersection stnpmg at the project entrance and Lakeshore Drive by including a northbound left-turn pocket from Lakeshore Drive into the project. 53. The applicant shall dedicate full half width right of way such that the frontage along Lakeshore Drive measures 60- feet from the road centerline to the project property line. 54.Theapplicant shall construct full half width street improvements along the project frontage. The improvements shall measure 48- feet minimum as measured from the centerline of the street to the curb face adjacent to the project frontage. 55.The applicant shall construct a roadway taper at both ends of the project frontage. The taper shall have a minimum transition rate of 10: 1 and shall extend from the proposed improvement north and south to the corresponding existing edge of pavement. 56.Drive isle clear width shall comply with Fire Department requirements. 57. The main entrance shall be aligned with the centerline alignment of Gunnerson Street. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 - FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 58.Sight distance on all on-site and main entrance streets shall conform to CAL TRANS requirements for sight distance. 59.A turn-around opening in the median of the main entry gate shall be provided for errant traffic. 60.The applicant shall secure a reciprocal access easement for the secondary emergency access located at the west end of the project. 61. The applicant shall pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements within the existing street right-of way (LEMC 12.08 and Resolution 83-78). 62.All compaction reports, grade certifications, and monument certifications (with tie notes delineated on 8 ~" x 11 II Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 63.The applicant shall install permanent benchmarks in accordance with Riverside County Standards. 64.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to building permit issuance. 65.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the applicant. 66.Provide fire protection facilities as required in writing by Riverside County Fire. 67.Provide street lighting and show lighting improvements as part of street improvement plans. The spacing of the street lights shall conform to the City Standard street light spacing. 68.Street lights constructed along Lakeshore Drive shall be 22,000 HPSV. Planning Commission Approved April 17 , 2007 City Council Approved May 8, 2007 ~ FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 69. The applicant shall annex into the City's Street Lighting and landscaping Maintenance District. 70.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations in accordance with City Standards. 71.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first occupancy. All traffic control devices shall be installed prior to final inspection of public improvements and issuance of first certificate of occupancy. This includes No Parking and Street Sweeping Signs for streets within the tract. 72.All improvement plans shall be digitized and submitted at Certificate of Occupancy. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or the applicant shall pay $300 per sheet for City digitizing. 73.All utilities, except electrical over 12 KV, shall be placed underground, as approved by the serving utility. 74. The applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer 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. 75. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 76.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously submitted and approved. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKE SHORE VILLAGE TOWNHOMES 77.All grading shall be done under the supervision of a geotechnical engineer who shall certify all slopes steeper than 2 to I for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured and constructed with drainage ditches every 30-vertical feet. 78.Prior to commencement of large scale grading operations, applicant shall provide to the City 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. 79.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a notarized and recorded letter of drainage acceptance or conveyed to an established drainage easement. 80.0n-site drainage facilities located outside of road right-of-way shall be contained within drainage easements shown on the final map. 81.All natural drainage traversing site shall be conveyed through the site, .or shall be collected and conveyed by a method approved by the City Engineer. 82. The applicant shall 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. The report shall verify impacts of storm water on existing facilities. 83.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 84.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 85.Roof and yard drains shall not outlet directly through cuts in the street curb. Roof drains shall drain through a minimum of twenty (20) feet of landscaped area. Planning Commission Approved April 17, 2007 City COWlcil Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 86.10-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 are exceeded, drainage facilities should be installed. 87.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 88.Applicant shall install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 89.Applicant shall provide the City with proof of filing 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 Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Quality Management Plan (WQMP) detailing the permanent clean water features. The WQMP shall include a maintenance program, for post construction compliance with the City's Clean Water Runoff Program. . 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 stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 91.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 92.The Homeowner's Association shall be responsible for maintenance of the open space, private roads and proposed drainage/debris basins within the development. 93.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. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES COMMUNITY SERVICES DEPARTMENT 94.Applicant shall pay applicable park fees unless documentation IS provided otherwise. 95.No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 96. The developer shall utilize CR&R for all construction debris removal, hauling, and recycling as per City ordinance. 97. The City landscape architect shall review and approve all landscaping plans. 98.The Homeowner's Association shall maintain all block walls and keep them free of graffiti. 99.All interior roads, street signs, street markings, sidewalks, and enhanced concrete shall be maintained by the Homeowner's Association. 100. The water quality basin outlet shall meet all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OF ADMINISTRATIVE SERVICES 101. Prior to the issuance of the first building permit, 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. 102. 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 and a maintenance fee to Southern California Edison. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007 FINAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006-12 TENTATIVE TRACT MAP NO. 34837, AND RESIDENTIAL DESIGN REVIEW NO. 2006-18 FOR LAKESHORE VILLAGE TOWNHOMES 103. Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. RIVERSIDE COUNTY FIRE DEPARTMENT 104. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. 105. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. Planning Commission Approved April 17, 2007 City Council Approved May 8, 2007