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HomeMy WebLinkAboutCC Reso No 2007-165RESOLUTION NO. 2007-165 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 32674 FOR CONDOMINIUM PURPOSES WHEREAS, Teofilo Hamui, representing Riverlake Villas Partners, LP, filed an application with the City of Lake Elsinore requesting approval of an Extension of Time for Tentative Parcel Map No. 32674 for Condominium Purposes, a three (3) lot 4.9 acre parcel to be developed into fifty-one (51) single family detached condominium units with associated improvements including a centralized recreation area (the "Extension"); and WHEREAS, the 4.9 acre parcel is located at 32281 Riverside Drive between Crrand Avenue and Lakeshore Drive known as Assessor's Parcel Number 379-315-033; and WHEREAS, subdivision B of Section 16.24.160 of the Lake Elsinore Municipal Code says that the approval of a tentative minor land division map shall expire after twenty-four (24) months, unless within that period of time a final map has been filed with the County Recorder, or the land divider has applied for an extension for a period or periods not exceeding thirty-six (36) months; and WHEREAS, pursuant to the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000 et seq.: "CEQA") and the State Guidelines for Implementation of CEQA (14 C.C.R. §§ 15000 et seq.: "CEQA Guidelines"), public agencies are expressly encouraged to reduce delay and paperwork associated with the implementation of CEQA by using previously prepared environmental documents when those previously prepared documents adequately address the potential impacts of the proposed project (CEQA Guidelines Section 15006); and WHEREAS, CEQA Guidelines Secrion 15162 establishes the standard to be used when determining whether subsequent environxnental 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 August 9, 2005, the City Council of the City of Lake Elsinore, adopted Mitigated Negative Declaration No. 2005-04 and Mitigation CITY COUNCIL RESOLUTION NO. 2007-165 PAGE 2 OF 4 Monitoring and Reporting Program (SCH # 2005061138) in accordance with the requirements of the CEQA and the CEQA Guidelines; and WHEREAS, the Extension is found to be in conformance with the originally approved Tentative Condominium Map, and the Extension does not present new information regarding the potential environmental impacts of development; and WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties at a public meeting held with respect to this item on August 28, 2007. NOW, THEREFORE, TFIE 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 of Time, and has found it acceptable. SECTION 2. That the City Council finds and deternunes that the Extension of Time is in conformance with the originally approved map, and does not present any new information, circumstances, or changes to the Project that was analyzed under Mitigated Negative Declaration No. 2005-04. The Extension of Time does not change density or intensity of use. It simply extends the land use entitlement for an additional thirty-six (36) months, allowing the applicant 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 thiriy-six (36) months for Tentative Parcel Map No. 32674 for Condominium Purposes: 1. The Extension of Time for the subdivision known as Tentative Parcel Map No. 32674 for Condominium Purposes is consistent with the City's General Plan. 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. CITY COiTNCIL RESOLUTION NO. 2007-165 PAGE 3 OF 4 2. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The project is consistent with the City's General Plan. During the approval of the Ciry's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The project is conditioned to annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The project is conditioned to annex into Lighting and Ldndscape Maintenance Disti-ict 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. 3. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. Tentative Parcel Map No. 32674 for Condominium Purposes Map 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. 4. The design of the proposed division of land or type of improvements will not conflict with easements acquired by the public at large, for access through or use of properiy within the proposed division of land. All known easements or requests for access have been incorporated into Tentative Parcel Map No. 32674 for Condominium Purposes. 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 CITY COUNCIL RESOLUTION NO. 2007-165 PAGE 4 OF 4 hereby approves the Extension of Time for thirty-six (36) months for Tentative Parcel Map No. 32674 for Condominium Purposes. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this twenty-eighth day of August, 2007, by the following vote: A~S: COUNCILMEMBERS: Daryl Hickman, Genie Kelley, Robert Schiffner, Mayor Robert Magee ~ NOES: COLTNCILMEMBERS: None ABSENT: COIJNCILMEMBERS: Thotaas Buckley ABSTAIN: COL]NCILMEMBERS: None , ~,, obert E. Magee, City of Lake Elsi~ AT E~ST: Michelle Soto, Interim City Clerk Ciry of Lake Elsinore APPROVED AS TO FORM: ^ -~-"1 -'~^~- - Barbara Zeid Leibold, City Attorney City of Lake Elsinore REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". 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 Mitigated Negative Declaration No. 2005-04 (State Clearinghouse No.2005061138) for the "Riverlake Villas." 4. The applicant shall comply with the requirements of the State Bill 18 relating to Tribal Consultation. TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) NO. 32674 5. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed City Council Approval August 28, 2007 Page 1 of 20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 6. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 7. Prior to final certificate of occupancy of Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 8. Prior to issuance of a grading permit, the applicant shall prepare and record 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 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 City Council Approval August 28, 2007 Page 2 of 20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". 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. IO.Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 11. The Home Owner's Association shall be established prior to the sale of the first dwelling unit. 12.Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 13.Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project (Phase I) and the proposed project (Phase II). 14.In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. IS.Each unit owner shall have full access to commonly owned areas, facilities and utilities. RESIDENTIAL DESIGN REVIEW NO. 2004-11 City Council Approval August 28, 2007 Page 3 of 20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". 16.Design Review approval for Residential Design Review No. 2004-11 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 18. The dwelling units are two-story, without elevators, and therefore are exempt from accessibility requirements. The pool area must comply with all accessibility as outlined in the 2001 California Building Code Sections 1104BA.3 and 1132B.2. If restroom facilities are provided at the pool area they must be accessible to the Physically Disabled. 19.All site improvements approved with this request shall be constructed as indicated on the approved exhibits and/or attachments contained herein. Revisions to approved site plans or building elevations shall he subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 20.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded. by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 21.All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal City Council Approval August 28, 2007 Page 4 of 20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". plane of the fixture. All light fixtures shall match the architectural style of the building. 22. The applicant shall meet Americans with Disabilities Act (ADA) requirements. The club house shall comply with all ADA requirements, including an accessible path of travel from the public way and including an accessible parking space. Any common use areas would also be subject to accessibility requirements. 23.Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 24.Applicant shall use roofing materials with Class "A" fire rating. 25.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond processed through the Planning Division. 26.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 27.Decorative paving shall be included at the entryway gate and shall be shown on the construction drawings submitted to Building and Safety. 28.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 29.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 City Council Approval August 28, 2007 Page 5 of 20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". 30.Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 31.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 32. The applicant shall submit a photometric study for those light standards located in the proposed condominium project. Said study shall ensure that parking lot lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee. PRIOR TO ISSUANCE OF A BUILDING PERMIT 33.Prior to the issuance of building permits, the applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordabi1ity of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 34.Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003-1 to offset the annual negative impacts of the City Council Approval August 28, 2007 Page 6 of 20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". project on public safety operations and maintenance issues in the City. 35.Prior to the issuance of the first building permit, the applicant shall annex into <0 Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity which includes a maintenance fee to Southern California Edison. 36.Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee of$I,650.00 per lot. 37.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in SIze. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. City Council Approval August 28, 2007 Page 7 of 20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. 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. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. 38.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of City Council Approval Page 8 of 20 August 28, 2007 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". building permits and final approval. 39.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 40.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 41.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING GENERAL REQUIREMENTS 42.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 43.Payall Capital Improvement and Plan Check fees (LEMC 16.34), including the traffic mitigation fee (TIF) and the drainage fee and the TUMF fee. 44. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to recordation of the map. 45.Provide fire protection facilities as required in writing by Riverside County Fire. 46. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. City Council Approval August 28, 2007 Page 9 of 20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RlVERLAKE VILLAS". 47.An Alquis-Priolo. study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faults or liquefaction zones present. 48.If the development is to be phased, provide a Phasing Plan for the City Engineer's approval. 49. The existing pole and overhead line running inside and along the north property line shall be under grounded. MAP REQUIREMENTS 50.No access other than the entrance driveway access shall be permitted to Riverside Drive. Access shall be restricted and so noted on the final map. STREET IMPROVEMENTS 51.Riverside Drive is a State Highway, under the jurisdiction of Cal Trans. As such, an encroachment permit shall be required from Cal Trans prior to the approval of the plans and recordation of the map. 52.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 53.Riverside Drive is designated as an Urban Arterial Highway on the City Master Plan of Streets and shall therefore be dedicated to its master planned width of 120 feet RJW. City Council Approval August 28, 2007 Page 10 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". 54.Riverside Drive shall be restricted to right in and right out movement only. A right turn only deceleration lane shall be constructed along the project's frontage, an additional twelve feet (12') in width. The required half width from centerline to curb becomes sixty feet (60') instead of forty-eight feet (48') and the right of way width becomes seventy-two feet (72') instead of sixty feet (60'). The applicant may submit a request and plan to Cal Trans and the City Engineer requesting the existing interim street improvements along this frontage remain and arrange for an appropriate street improvement in lieu fee or other modified improvements. If Riverside Drive is to be widened the developer will be required to relocate or underground the existing pole and overhead utility lines. 55.If the existing street improvements are to be modified as directed by the City Engineer, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to recordation of the Final Map. An encroachment permit will be required to do the work. 56. The applicant shall construct a median per City Standards preventing left turns into the project site. Plans for the median shall be submitted to the Engineering Division for review and approval. City Council Approval August 28, 2007 Page 11 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". Condition of Approval omitted at City Council Hearing August 9, 2005 56. Applicant shall pay a fee, in-lieu of construction, for the cost of the design and installation of the ultimate median section on Riverside Drive per the General Plan. The fee will be determined by a cost estimate for the improvements provided by the applicant, and will be reviewed by approved by the City Engineer. The fee shall be held for a period of ten years; at which time of not used by the City for the median installation, shall be reviewed by the City Attorney for reimbursement to the applicant. Condition of Approval added at City Council Hearing August 9, 2005 57.A signing and stripping plan for Riverside Drive shall be submitted to the Engineering Division for review and approval prior to the issuance of building permits. 58. The existing curb drainage outlet to Riverside Drive near the southeasterly edge of the property shall be removed. No drainage discharge from the property shall discharge at this location. 59.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. The existing pole located 2 feet inside the existing curb face and near the proposed driveway entrance and overhead lines along the frontage of Riverside Drive may require under grounding. 60.Construct all public works improvements from property line to one foot beyond centerline of Riverside Drive, and pavement transitions per approved street plans (LEMC Title 12). Improvement Plans must be submitted and approved by the City and Cal Trans and signed by the City Engineer prior to recordation of the Final Map. City Council Approval August 28, 2007 Page 12 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". 61. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Cal Trans Standards, latest edition. 62.Pay all fees and meet requirements of an encroachment permit issued by Cal Trans and the Engineering Division for construction of off-site public works improvements. All fees and requirements for an encroachment permit shall be fulfilled before recordation of the map. 63.Provide street lighting along the Riverside Drive frontage and show lighting improvements as part of street improvement plans as required by Cal Trans and the City Engineer. 64.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 65.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 66. The applicant shall install permanent benchmarks to Riverside County Standards and at a location to be determined by City Engineer. 67.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 68.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. City Council Approval August 28, 2007 Page 13 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". 69.All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. GRADING 70.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 71.Prior to commencement of grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of material. Such routes shall be subject to the review and approval of the City Engineer. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 72. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 73.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 74.Applicant to provide erosion control measures as part of their grading plan. The applicant shall protect storm water quality and met the goals of the BMP in City Council Approval August 28, 2007 Page 14 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 75.All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. DRAINAGE 76.The property is located in the "West Lake Elsinore Drainage District" and shall pay the appropriate drainage fee. 77. The design capacity and the 100-year flow of Leach Canyon flood Control Channel, adjacent to his northerly property line, shall be verified to assure adequate flood protection. 78.Meet all requirements of LEMC 15.64 regarding flood hazard regulations. The property is located in Zone X of the National Flood Insurance maps. Areas of 0.2% annual chance flood, areas of 1 % annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 sq. mile and areas protected by levees from 1 % annual chance flood). As such the developer is advised that flood insurance may be required, unless the finish floors are determined to be above the flood plane. 79.Meet all requirements ofLEMC 15.68 regarding floodplain management. City Council Approval August 28, 2007 Page 15 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RlVERLAKE VILLAS". 80.The applicant to provide FEMA elevation certificates pnor to certificate of occupancIes. 81.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 82.0n site storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 83.Roof and yard drains will not be allowed to outlet through curb cuts in the private street curb. Roof drains should drain to a landscaped area when ever feasible. 84.10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained within the private street parkway. When either of these criteria is exceeded, drainage facilities should be installed. 85.0n-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 86.All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 87.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 88.Applicant shall provide the city with proof of his having filed a Notice of Intent with . City Council Approval August 28, 2007 Page 16 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented. If required, the applicant shall provide a WQMP following construction. 89.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's, that will be implemented for the development and including maintenance responsibilities. (Required for lot of one acre or more) 90.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 91.Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more). If feasible, a biofilter swale should be incorporated into the proposed internal catch basins and pipe, before discharge into Leach Canyon flood Control. COMMUNITY SERVICES DEPARTMENT 91. The applicant shall pay park fees of $1 ,600 per unit. 92.All "Common Passive Open Space Areas" shall be maintained by the Home Owner's City Council Approval August 28, 2007 Page 17 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". Association (HOA). 93.All recreation facilities and park areas shall be maintained by the HOA. 94.No park credits shall be given for private recreation facilities, park areas or common paSSIve open space areas. 95.The HOA shall maintain all private roads. 96.The HOA shall maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 97. The HOA shall maintain all perimeter, entry and interior landscaping. 98.The HOA shall provide all graffiti removal. 99.The City's Landscape Architect shall approve all landscaping plans pnor to installation. 100. The applicant shall comply with all City ordinances regarding construction debris, removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 101. Developer to design multi-family recycling plan. RIVERSIDE COUNTY FIRE DEPARTMENT 102. The applicant shall comply with all conditions of approval of the Riverside County Fire Department (See Attached). CONDITIONAL USE PERMIT NO.2004-27 City Council Approval August 28, 2007 Page 18 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". 103. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 1 04. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 105. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 106. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit No. 2004- 27/Residential Design Review No. 2004-11, which action is brought forward within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 107. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be City Council Approval August 28, 2007 Page 19 of20 REVISED CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2004-10, TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674, RESIDENTIAL DESIGN REVIEW NO. 2004-11, CONDITIONAL USE PERMIT NO. 2004-27 AND MITIGATED NEGATIVE DECLARATION NO. 2005-04 FOR THE "RIVERLAKE VILLAS". submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 108. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours 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. Construction is allowed Monday through Friday only. Construction is not allowed on weekends or holidays 109. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 110. TUMF Fees shall be paid at issuance of certificate of occupancy and at a rate in effect at that time. Added to City Council Report dated 8-28-07. 111. Existing Conditions of Approval of TPM 32674 are in effect throughout the allowed extension of time of this map. Note: This map needs to show the correct right- of-way dedication as required of Condition of Approval No. 54. Added to City Council Report dated 8-28-,07. End of Conditions Note: * Italics indicates addition to text, strikethrough indicates removal from text. City Council Approval August 28, 2007 Page 20 of 20