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HomeMy WebLinkAboutCC Reso No 2007-125RESOLUTION NO. 2007-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE CONDOMINIUM MAP NO. 32127 WHEREAS, Scott Woodward, representing Elsinare Lakeview Villas, filed an application with the City of Lake Elsinore requesting approval of an Extension of Time for Tentative Condominium Map No. 32127, a one (1) lot 27.9 acre parcel to be developed into one hundred fifty-five condominium units with associated improvements including a centralized recreation facility (the "Extension"); and WHEREAS, the 27.9 acre parcel is located east of Interstate 15, south of Railroad Canyon Road, and north of Malaga Road and known as Assessor's Parcel Numbers 363-240-006, 010, 012 thru 015, 022, 024, & 025; 363-250-001 thru 012; and WHEREAS, subdivision B of Section 16.24.160 of the Lake Elsinore Municipal Code says that the approval of a tentative minor land division map shall expire after twenty-four (24) months, unless within that period of time a final map has been filed with the County Recorder, ar the land divider has applied for an extension for a period or periods not exceeding thirty-six months; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines far Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Section 15162 establishes the standard to be used when determining whether subsequent environmental documentation is necessary and says that when an environmental document has already been adopted for a project, no subsequent environmental documentation is needed for subsequent entitlements which comprise the whole of the action unless substantial changes or new information are presented by the project; and WHEREAS, on March 8, 2005, the City Council of the City of Lake Elsinore, adopted Mitigated Negative Declaration No. 2004-10 and Mitigation CITY COUNCIL RESOLUTION NO. 2007-125 PAGE 2 OF 5 Monitoring and Reporring Program (SCH # 20040121046) in accordance with the requirements of the CEQA and the CEQA Guidelines; and WHEREAS, the Extension presents changes found to be in substantial conformance with the originally approved Tentative Condominium Map, and the Extension does not present new informarion regarding the potential environmental impacts of development; and WHEREAS, notice of the Extension has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on June 26, 2007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed Extension, and has found it acceptable. SECTION 2. The City Council finds and determines that the Extension proposes changes that are in substantial conformance to the originally approved map, and does not present any new information, circumstances, or changes to the Project that was analyzed under Mitigated Negative Declaration No. 2004-10. The Extension of Time does not change density or intensity of use. It simply extends the land use entitlement far an additional thirty-six (36) months, allowing the applicant thirty-six (36) additional months to develop the property in accordance with conditions of approval. Therefore, it is not necessary to conduct any further environmental review for the Project. SECTION 3. That in accordance with Lake Elsinore Municipal Code Section 16.24, the City Council makes the following findings for the approval of the Extension of Time for thirty-six (36) months for Tentative Condominium Map No. 32127: 1. The Extension of Time for the subdivision lrnown as Tentative Condominium Map No. 32127 is consistent with the City's General Plan. CITY COUNCIL RESOLUTION NO. 2007-125 PAGE 3 OF 5 The condominium development, as designed, assists in achieving a well- balanced and functional mix of land uses. The design of the condominium and density are consistent with the General Plan. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The General Plan encourages clustered development to facilitate the conservation of identified wildlife corridors and habitat. b. The map provides open space areas that protect the natural topography and views. c. The condominium design and density is compatible with existing, adjacent condominium project. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environxnental resources have been considered and balanced. a. The project is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The project is conditioned to annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The project is conditioned to annexed 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 Zights in the public right- of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. CITY COiTNCIL RESOLUTION NO. 2007-125 PAGE 4 OF 5 Tentative Condominium Map No. 32127 is conditioned to comply with all development standards of the Lake Elsinore Municipal Code and the General Plan. These standards have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed division of land or type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed division of land. All known easements or requests for access have been incorporated into Tentative Condominium Map No. 32127. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval imposed upon the Project, the City Council hereby approves the Extension of Time far thirty-six (36) months for Tentative Condominium Map No. 32127. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-sixth day of June, 2007, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE r , obert E. M~ City of Lake CITY COUNCIL RESOLUTION NO. 2007-125 PAGE 5 OF 5 ATT ~ ST: ~ Michelle Soto, Interim City Clerk City of Lake Elsinore B~arbara Zeid~,eibold, City Attorney City of Lake Elsinore 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. 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 Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2004121046) adopted with the Mitigated Negative Declaration No. 2004-10 prepared for the "Lakeview Villas" referenced as the "project" herein. TENTATIVE CONDOMINIUM MAP NO. 32127 4. The Tentative Condominium Map 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. 5. Prior to the recordation of a final map, a lighting plan shall be submitted to the Planning Division for review and approval. Night lighting shall be directed away from the MSHCP Conservation Area. Shielding shall be incorporated in project design to ensure ambient lighting in the MSHCP Conservation Area is not increased. These requirements shall be incorporated into the lighting improvement plan submitted to the Engineering Division. 6. The Tentative Condominium 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. P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND . MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 7. Prior to final certificate of occupancy of Tentative Condominium 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 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 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 fmancially assess all properties individually owned or joindy 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. 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 P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 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 by law. 1 S. Each unit owner shall have full access to commonly owned areas, facilities and utilities. RESIDENTIAL DESIGN REVIEW NO. 2004-05 16. Design Review approval for Residential Design Review No. 2004-05 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. 18. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP Conservation Area. The final grading plan shall be submitted to the Planning Division for approval. 19. The dwelling units are multi-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 1104BA.3 and 1132B.2. If restroom facilities are provided at the pool area they must be accessible to the Physically Disabled. 20. 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. 21. 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 P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 22. 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. 23. The applicant shall meet Americans with Disabilities Act (ADA) requirements. 24. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 25. Applicant shall use roofing materials with Class "A" fire rating. 26. 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. 27. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 28. Decorative paving shall be included at the enttyway gate and shall be shown on the construction drawings submitted to Building and Safety. 29. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 30. 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. PRIOR TO THE ISSUANCE OF A GRADING PERMIT 31. Prior to grading permit, a final Landscaping Plan shall be submitted to the Planning Department for review and approval. The plant palate shall avoid the list of invasive plant species identified in the MSHCP as those species to be avoided adjacent to the MSHCP Conservation Area. (MSHCP Final in Volume 1, Section 6 in Table 6.2 on Page 6-44 through 6-46). 32. Impacts to approximately 0.02 acre of unvegetated streambed considered jurisdictional Waters of the U.S. Army Corps of Engineers (Corps) and jurisdictional waters of the state by the California P: \Linda \ COAs \ CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". Department of Fish and Game (Department) shall be mitigated through on-or off-site restoration of jurisdictional habitat, acquisition of mitigation credits, or other measure as approved through the Corps 404 and Department 1602 permitting process. Added per the City Council Meeting March 8, 2005. 33. The applicant for the purposes of establishing a suitable buffer between the project boundary and the potential future habitat conservation area within Cell # 4648 and complying with Section 6.1.4 "Guidelines Pertaining to Urban/Wildland Interface" of the MSHCP, shall convey to the RCA by fee title or conservation easement of approximately three (3) acres of habitat along the project's northeastern boundary as specifically determined through the Lake Elsinore Acquisition Process (LEAP). Added per the City Council Meeting March 8, 2005. 34. 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. 35. 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. 36. 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 37. 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. 38. 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 P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". and maintenance issues in the City. 39. 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. 40. Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (M:SHCP) Fee ($1,651.00 x 155 or $255,905.00). 41. 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 P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 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. 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. 42. 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. 43. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 44. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 45. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING 46. The applicant shall provide for storm drain detention per the Riverside County Flood Control District sizing method. 47. The applicant shall convey all slope drainage to street or storm drain system. The system shall intercept storm or irrigation run-off from encroaching into the buildings. 48. Grades of the streets shall meet with Fire Department requirements. P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.docc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 49. Parking shall not be allowed in any of the drive aisles except at designated spaces. 50. The applicant shall install provisions to convey off-site water to the public storm drain system. P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 51. All storm drain inlets shall be of sufficient size to capture surface drainage and convey to the underground storm drain system. Water shall not "over shoot" the catch basin inlets. 52. The applicant shall pay all development fees, including area drainage fee, Traffic Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF). 53. The applicant shall provide a drainage plan including hydrology and hydraulic information. 54. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 55. 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. 56. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- 26). 57. 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. Submit this letter prior to issuance of building permit. 58. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 59. Street improvement plans and specifications shall be prepared by a Calif. 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). 60. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 61. Interior streets shall be designed to comply with Caltrans sight distance requirements for all intersections. 62. The applicant shall pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 83-78). 63. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 64. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 65. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 66. 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. 67. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 68. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 69. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to [mal map approval. All traffic control devices shall be installed prior to [mal inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 70. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 71. 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 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. 72. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide [mal soils report showing compliance with recommendations. P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 73. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/ or liquefaction zones present on-site. 74. 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. All manufactured slopes greater than 30 ft. in height shall be contoured. 75. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 76. The applicant shall 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. 77. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 78. 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. 79. The applicant shall meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 80. The applicant shall meet all requirements of LEMC 15.68 regarding floodplain management. 81. The applicant shall provide FEMA elevation certificates prior to certificate of occupancies 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. 83. 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. 84. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof P: \Linda \ COAs \ CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". drains should drain to a landscaped area when ever feasible. P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 85. Ten (10) year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 86. The applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 87. The 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 WQMP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 88. The 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. 89. 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. 90. The applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 91. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. COMMUNITY SERVICES DEPARTMENT 92. The applicant shall pay park fees of$1,600 per unit. P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO; 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". 93. All "Common Passive Open Space Areas" shall be maintained by the Home Owner's Association (HOA). 94. All recreation facilities and pa.rk areas shall be maintained by the HOA. 95. No park credits shall be given for private recreation facilities, park areas or common passive open space areas. 96. The HOA shall maintain all private roads. 97. The HOA shall maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 98. The HOA shall maintain all perimeter, entry and interior landscaping. 99. The HOA shall provide all graffiti removal. 100. The City's Landscape Architect shall approve all landscaping plans prior to installation. 101. 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. 102. Developer to design multi-family recycling plan. RIVERSIDE COUNTY FIRE DEPARTMENT 103. The applicant shall comply with all conditions of approval of the Riverside County Fire Department (See Attached). CONDITIONAL USE PERMIT NO 2003-08 104. 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 diligendy pursued toward completion on the site. 105. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007 CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-06, ZONE CHANGE NO. 2004-07, TENTATIVE CONDOMINIUM MAP NO. 32127, RESIDENTIAL DESIGN REVIEW NO. 2004-05, CONDITIONAL USE PERMIT NO. 2004-14 AND MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE "LAKEVIEW VILLAS". Municipal Code; Title 17 unless modified by approved Conditions of Approval. 106. 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. 107. 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 Permit/Design Review C 2003-07, 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. 108. 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. 109. 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. 110. 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. Condition of Approval by Engineering Division pursuant to review of Revision to Site Plan for Residential Project No. 2004-05 - Administrative Review - January 18, 2007 111. Design shall complY with CALTRANS vertical sight distance requirements unless othenvise approved ry the City Engineer. End of Conditions P:\Linda\COAs\CC Final Conditions of Approval EOT 6-26-07.doc Administrative Approval June 26, 2007