HomeMy WebLinkAboutCC Reso No 2007-170RESOLUTION N0.2007-»n
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, GALIFORNIA, APPROVING AN EXTENSION OF TIME FOR
TENTATIVE TRACT MAP NO. 31957
WHEREAS, Jason Keller, representing Fortland Development Company, filed an
application with the City of I~ake Elsinore requesting approval of an Extension of Time
for Tentative Tract Map No. 31957 (the "'Extension"); and
WHEREAS, the project site is proposed to be subdivided into one hundred and
one (101) lots, for single family residential detached purposes with associated
improvements; and
WHEREAS, the project site is located at the western termini of Running Deer
Road and Mountain Street and the northern terminus of Lincoln Street, also identified as
Assessor's Parcel No.'s 391-260-003 and 391-260-046; and
WHEREAS, subdivision A of Section 16.24.160 of the Lake Elsinore Municipal
Code says that the approval of a tentative map shall expire after twenty-four (24)
months, unless within that period of time a final map has been filed with the County
Recorder; and
WHEREAS, pursuant to the California Environmental Quality Act (CaI. 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 af the proposed project
(CEQA Guidelines Section 15006); and
WHEREAS, CEQA Guidelines Section 15162 estabiishes the standard to be
used when determ'+ning whetfier 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 fhe whole of the action unless substantial changes or new information
are presented by the project; and
WHEREAS, on September 13, 2005, the City Council of the Ci#y of Lake
Elsinore, adopted Mitigated Negative Declaration No. 2005-06 and Mitigation Monitoring
and Reporting Program (SCH # 2005071134) in accordance with the ~equirements of
the CEQA and the CEQA Guidelines; and
WHEREAS, the Extension is found to be in conformance with the originally
approved Tentative Tract Map and the Extension does not present new information
regarding the potential environmental impacts of development; and
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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 September 25, 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 of Time,
and has found it acceptable.
SECTION 2. That in accordance with CEQA and the CEQA Guidelines, the City
Council fnds that the Extension of Time conforms with the originally approved map, arid
does not present any new information, circumstances, or changes to the project that
was analyzed under Mitigated Negative Declaration No: 2005-06. The Extension of
Time does not change density or intensity of use. It simply extends the land use
entitlement for an additional twenty-four (24) months, allowing the applicant more time
within which to develop the property in accordance with conditions of approvai.
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 fhe Extension of
Time for twenty-four (24) months for Tentative Tract Map No. 31957:
The Extension of Time for the subdivision known as Tentative Tract Map No.
31957 is consistent with the City's General Plan.
The proposed devefopment, as designed, assists in achieving a well-balanced
and functional mix of land uses. The design of the project and density are
consistent with the General Plan.
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 fhe
approval of fhe 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 info Community Fac~lities District
2003-01 to offset the annua! negative frscal impacts of the project on
public safefy operafions and maintenance issues in the City.
c. The project is conditioned fo annex into Lighting and Landscape
Maintenance District No. 1 to offset the annua/ negative fiscal impacts
of the project on public right-of-way landscaped areas to be maintained
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by the City, and for street lights in fhe public right-of-way for which the
City will pay for electricity and a maintenance fee to Southern
Califomia Edison.
3. The design of the proposed division of land or type of improvements is not likely
to cause serious pubiic health problems.
Tenfafive Tract Map No. 31957 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 bene~f the public health, safety
and welfare of Lake Elsinore guests and residents.
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 property within the propo5ed division of land.
All known easemenfs or requests for access have been incorporated into
Tentative Tracf Map No. 31957. The map has been circulafed to City
departments and oufside agencies, and appropriafe conditions of approval have
been applied for fheir approval during consfruction.
SECTION 4. Based upon the evidence presented, the above findings, and the
attached conditions of approval imposed upon the Extension, the City Council hereby
approves an Extension of Time not to exceed twenty four (24) months for Tentative
Tract Map No. 31957.
SECTION 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND ADOPTED this 25th day of September, 2007, by the
following vote:
AYES: MAYOR ROBERT E. MAGEE
MAYOR PRO TEM DARYL HICKMAN
COUNCIL MEMBERS THOMAS BUCKLEY,
GENIE KELLEY AND ROBERT SCHIFFNER
NOES: NONE
ABSENT: NoNE
ABSTAIN: rroNE
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ATTEST:
~~_.__.' V~-• ~~
VIVIAN M. MUNSON
CITY CLERK
APPROVED AS TO FORM:
l~'6~AC
BARBARA EID LEIBOLD
CITY ATfORNEY
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CONDITOINS OF APPROVAL
FOR EXTENSION OF TIME
FOR TENTATIVE TRACT MAP NO. 31957
~aENERAL
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its O~cials, Officers, Employees, Agents, and its Consultants 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 conceming implementation and construction of
Tentative Tract Map No. 31957, which action is brought within the time period provided
for in California Government Code Sections 65009 and/or 66499.37, and Pubfic
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.
TENTATIVE TRACT MAP NO. 31957
2. Tentative Tract Map No. 31957 will expire two (2) years from date of approval unless
within that period of time an appro.priate 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 and the LEMC.
3. The Tentative Tract 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.
4. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements
specified herein and approved by the Planning Cpmmission 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.
5. The applicant shall comply with all the mitigations contained and identified in the
Mitigated Negative Declaration No. 2005-06.
6. All lots shall comply with minimum standards contained in the LEMC.
7. A precise survey with closures for boundaries and all lots shall be provided per the
LEMC.
8. The applicant shall comply with all conditions of the Riverside County Fire Department.
9. The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
Gcy Council
Sepxember 25, 2007
CONDITIONS OF APPROVAL
Page 2 of 7
EXTENSION OF TIME TENTATIVE TRACT MAP NO. 31957
10.Ai1 future structural development associated with this map shall require separate Design
Review approval.
11. Prior to issuance of any grading permit and/or building permit, the ap.plicant shall sign
and complete an "Acknowledgment of Conditions" and shall return the executed original
to the Community Development Department.
12.The applicant shall comply with the following City programs: the City Source Reduction
and Recycling Element and Household Hazardous Waste Element, the County Solid
Waste Management Plan and Integrated Waste Management Plan.
13. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-
serve letter) to the City Engineer, for all required utility services.
14.The applicant shall pay applicable fees and obtain proper clearance from the Lake
Elsinore Unified School District (LEUSD) prior to issuance of building permits.
15.The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of
each building permit.
16.The applicant shall pay all applicable fees including park fees.
17.The applicant shall meet all requirements of the providing electric utility company.
18.The applicant shall meet all requirements of the providing gas utility company.
19.Ttie applicant shall meet all requirements of the providing telephone utility company.
20.A bond is required guaranteeing the removal of all trailers used during construction.
21.A11 signage shall be subject to Planning Division review and approval prior to
installation.
22.The City's Noise Ordinance shall be met during all site preparation activity. Construction
shall not .commence before 7:00 AM and cease at 5:00 PM, Monday through Friday.
Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays.
23. Prior to the issuance of a Grading Permit a Determination of Biologically Equivalent or
Superior Preservation (DBESP) shall have been submitted and processed through the
United States Fish and Wildlife Service or the California Department of Fish and Game
CityCouncil
September 25, 2007
CONDITIONS OF APPROVAL
Page 3 of I
EXTENSION OF TIME TENTATIVE TRACT MAP NO. 31957
(As the Trustee Agency) for the required sixty (60) day review period as confirmed in
the Muitiple Species Habitat Conservation Plan (MSHCP).
24. Prior to the issuance of a Grading Permit, the applicant shall provide the City with
evidence that the propert~r identified as proposed "Common Ownership Property"
(Conservation Area), has been dedicated to conservation in perpetuity (by easement or
by title transfer) pursuant to the requirements of the Multiple Species Habitat
Conservation Plan (MSHCP).
25.Applicant shall obtain offsite right of way for the extension of Mountain Street from Tract
18719-4. Acquisition of the offsite right of way shall not halt the approval of the final
map as per Section 66462.5 of the Subdivision Map Act.
26. Lincoln Street shall be dedicated and fully improved (full width pavement improvements)
to the Secondary Highway standard (70'/90') within the property boundaries.
27.Applicant shall design and install the Rice Canyon Wash Levee system, which will
convey a 100-year storm past the project site. The levee will be a continuation of the
levee improvements constructed by Tract 24624. Upon completion and acceptance by
the City and/or Riverside County Flood Control and Water Conservation District, the
maintenance of the levee shall be transferred to the accepting jurisdiction in terms of a
maintenance agreement.
28.Vehicular access to/from and across the levee shall be provided from Lincoln Street to
maintain access to properties granted access rights per Instrument No. 3819, recorded
January 14, 1969. Final location and design of driveway access with proposed levee
and design of raised median in Lincoln Street shall be submitted to Engineering for
review and approval. All ingress/egress easements required to maintain existing
access rights shali be recorded on the Final Tract Map or by separate instrument.
29.Interior streets shall be dedicated and improved to public residential street standards
(40J60').
28. Applicant shall adhere to memorandum from City Tra~c Engineer dated June 28, 2004,
as it relates to his recommendations per the project traffic study. As per his direction, the
project stiould not proceed past the 75~' Certificate of Occupancy prior to the installation
and full operation of traffic signals at the following intersections:
Ci[y Council
Sepcember 25, 2007
CONDITIONS OF APPROVAL
Page 4 of 7
EXTENSION OF TIME TENTATIVE TRACT MAP NO. 31957
a. Lake Street and Temescal Canyon Road, Lake Street and the 1-15 southbound
ramps and Lake Street and the I-15 northbound ramps. Prior to issuance of the
first Certificate of Occupancy, applicant shall post a performance bond or other
reasonable surety in a form approved by the City Attorney's office, in an
amount sufficient to cover traffic signals at the referenced intersection(s). The
project shall either install the signals or not proceed past the 75~' Certificate of
Occupancy until those traffic signal improvements are installed and operational.
30.A11 roadways shall be constructed to be consistent with General Plan Circulation
Element cross sections.
31. Drainage for open space lots shall be conveyed to public right-of-way.
32.The incremental increase in storm water runoff shall be detained. Detention basin sizes
shall be calculated using Riverside County Flood Control methods.
33.Applicant shall provide a drainage study prepared by a registered Civil Engineer identifying
storm water runoff quantities expected from the site and upstream of the site. The study
shall show all existing or proposed off-site public or private drainage facilities intended to
discharge this runoff. The study shall include a capacity analysis verifying the adequacy of
the facilities. Runoff from the development or partial phase of development of the property
shall not exceed the existing natural discharge quantities with respect to the following
criteria:
a. For projects less than 10 acres, analyze and mitigate the difference in developed
and undeveloped runoff. A simplified hydrograph method shall be used that
simulates the hydrograph with a triangle. The Rationai method flow rate shall be
the top value of the triangle and the base width shall be two times the time of
concentration (Tc). The difference in area between the developed condition
triangle and the existing condition triangle represents the required storage volume.
Based upon the storage volume head, the outlet structure shall have an outlet flow
no larger than the existing flow rate.
b. Projects that are 10 acres or greater shall analyze for the 1, 3, 6 and 24-hour
duration for the 2, 5 and 10-year frequency storms.
34.The applicant shali accept and properly dispose of all offsite drainage flowing onto or
through the site.
35. If possible all drainage shall be conveyed onto public property. No cross lot drainage shall
be permitted.
City Councd
September25,2007
CONDITIONS OF APPROVAL
Page 5 of 7
EXTENSION OF TIME TENTATIVE TRACT MAP NO. 31957
36.Applicant shall protect all downstream properties from damages caused by alteration of
the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be
provided by constructing adequate drainage facilities including enlarging existing facilities
and/or by securing a drainage easement. A maintenance mechanism shall be in place for
any private drainage facilities constructed on-site or off-site. Any grading or drainage onto
private off site or adjacent property shall require a written permission to grade and/or a
permission to drain letter from the affected landowner.
37. Street grades shall not exceed 9% unless otherwise authorized by the City Engineer.
38.A11 Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval.
39.A11 Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution
85-26).
40.Applicant shall pay all appropriate fees prior to pulling a Building Permit.
41,A "Will $erve" letter shall be submitted to the City Engineering Division from the
applicable water agency stating that water and sewer arrangements have been made
for this project. Letfer shall be submitted prior to Final Map Approval.
42.A11 public works improvements shall be constructed per approved street plans (LEMC
12.04 and 16.34).
43.Applicant shall enter into an agreement with the City for the construction of public works
iinprovements and shall post the appropriate bonds prior to final map approval.
44.A11 applicable fees shall be paid and the Developer shali comply with all requirements of
the encroachment permit as issued by the Engineering Division for. construction of
public works improvements (LEMC 12.08 and Resolution 83-78).
45.A11 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
finat inspection of public works improvements will be scheduled and approved.
46.Appiieant shall obtain all necessary off-site easements for off-site grading from the
adjacent property owners prior to final map approval.
Ciry Cou¢cil
September 25, 2007
CONDITIONS OF APPROVAL
Page 6 of 7
EXTENSION OF TIME TENTATIVE TRACT MAP NO. 31957
47.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.
48.Provide street lighting and show lighting improvements as part of street improvement
plans as required by the City Engineer.
49.Developer shall install blue reflective pavement markers in the street at all fire hydrant
locations.
50.Applicant shall submit a traffic control plan showing all tra~c control devices forthe tract
to be approved prior to final map approval. All tra~c control devices shall be installed
prior to final inspection of public improvements.
51.A11 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 $30 per sheet for City digitizing.
52.A11 utilities except electrical over 12 KV shall be placed unde~ground, as approved by
the serving utility.
53. Developer shall obtain a grading permit with appropriate security prior to building permit
issuance. A grading plan signed and stamped by a California 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.
54. Developer shall provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
55.A11 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 controi. All
manufactured slopes greater than 30 feet in height shall be contoured.
56.Convey onsite runoff to the public storm drain system. Any non-historic storm flows
shall b.e accepted by adjacent property owners with a notarized and recorded letter of
drainage acceptance or conveyed to a drainage easement.
City Counc~l
September 25, 2007
CONDITIONS OF APPROVAL
Page 7 of 7
EXTENSION OF TIME TENTATIVE TRACT MAP NO. 31957
57. Roof and yard drains will not be allowed to be connected directly to street curb cores.
Roof drains should drain to a landscaped area whenever feasible.
58.Ten (10) year storm runoff should be contained within the curb and the one h.undred
(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.
59.Applicant will be required to install BMP's using the best available technology to mitigate
any urban pollutants from entering the watershed.
60.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.
61. 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 in the Riverside County NPDES
Drainage Area Management Plan.
62.Applicant shall provide for flush BMP's using the best available technology that will
reduce storm water pollutarnts from parking areas and driveway aisles.
63. Project shall adhere to all applicable NPDES requirements in effect at time of approval.
64. In accordance with the City's Franchise Agreement for waste dlsposal and 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,
ciemolition, clear and grubbing or all other phases of construction.
Cary Councl
September 25, 2007