HomeMy WebLinkAboutCC Reso No 2007-208RESOLUTION NO. 2007- 208
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA, APPROVFNG AN
EXTENSIOM OF TIME FOR TENTATIVE TRACT MAP NO.
32786
WHEREAS, Centex Homes, filed an application with the City of Lake
Elsinore requesting approval of an Extension of Time for Tentative Tract Map No. 32786
(the "Extension"); and
WHEREAS, the project site is proposed for the subdivision of 151.78-
acres of residentially zoned land into 386 individual lots (369 single-family residential
lots, and 17 lettered open space lots) with associated improvements; and
- WHEREAS, the project site is located north of Lakeshore Drive, east of
Terra Cotta Road, and west of Riverside Drive. The property is generally located
between Coliier Avenue and Lakeshore Drive, and at the northern end of Country Club
Heights area, immediately adjacent the current construction and development of
Murdock Alberhill Specific Plan (immediately south of Lake Street); 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 (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 expressiy encouraged to reduce delay and paperwork associated with the
implementation of CEQA by using previously prepared environmentai documents when
;those preyiously prepared documents adequately address the potential impacts of the
pr•oposed 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 October 11, 2005, the City Council of the City of Lake
Elsinore, adopted Mitigated Negative Declaration No. 2005-09 and Mitigation Monitoring
and Reporting Program (SCH # 2005071134) in accordance with the requirements of
the CEQA and the CEQA Guidelines; and
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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
WHEREAS, the City Council has considered evidence presented by the
Community Development Department and other interested parties at a pubiic meeting
held with respect to this item on December 11, 2007.
NOW, THEREFORE, the City Council of the City of Lake Elsinore,
California, does hereby resolve 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 finds that the Extension of Time conforms 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. 2005-09. The Extension of
Time does not change density or intensity of use. It simply extends the land use
entitaement for an additional twenty-four (24) months, allowing the applicant more time
within which 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 twenty-four (24) months for Tentative Tract Map No. 32786:
1. The Extension of Time for the subdivision known as Tentative Tract Map No.
32786 is consistent with the City's General Plan.
The proposed development, as designed, assists in achieving a well-balanced
and functional mix of land uses. The design of the project and densify are
consisfenf with the General Plan.
2. : The effects that this project are likely to have upon the housing needs of the
region, the pu6lic service requirements of its residents and the available fiscal
and environmental resources have been considered and balanced.
a. The project is consistent wifh the City's General Plan. During the
approval of the Cify's General Plan, housing needs, public seivices
and fiscal resources were scrutinized to achieve a balance within the
Cify.
b. The project is conditioned to annex into Communify Facilities Disfrict
2003-01 to offsef the annual negative fiscal impacts of the project on
public safety operations and maintenance issues in the Cify.
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c. The project is condifioned to annex into Lighting and Landscape
Maintenance Districf 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
fo cause serious p~ublic health problems.
Tentative Tract Map No. 32786 is conditioned to comply with all deve%pment
sfandards 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 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 proposed division of land.
All known easements or reguests for access have been incorporated into
Tentative Tract Map No. 32786. 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 Extension, the City Council
hereby approves an Extension of Time not to exceed twenty four (24) months for
Tentative Tract Map No. 32786.
Section 5. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED AND Aq PT i a~~ar meeting of the City
Council of the City of Lake Elsinore, Californja~, th' 11 day ecem~er, 2007
~OBERT
MAYOR
A ST:
VIVIAN M. MUNSON
CITY CLERK
~
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APPROVED AS TO FORM:
~
RBARA ID IBOLD
CITY ATTO EY
CITY OF LAKE ELSINORE
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
GITY OF LAKE ELSINORE
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2007-208 was adopted by the City Council of the City
of Lake Elsinore, California, at a regular meeting held on the 11th day of December
2007, and that the same was adopted by the foilowing vote:
AYES: Mayor Magee, Mayor Pro Tem Hickman, Councilmember Buckley,
Councilmember Kelley, Councilmember Schiffner
NOES: None
ABSENT: None -
ABSTAIN: None
-1.~.. ~ o,.,./
VIVIAN M. MUNSON
CITY CLERK
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CONDITIONS OF APPROVAL FOR
EXTENSION OF TIME FOR
TEN7'ATIVE TRACT MAP NC?. 32786
GENERAL
The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from
any claim, action, or proceeding against the City, its Officials, Officers, Employees, or
/kgents to attacli, set aside, void, or annul an approval of the City, its advisory agencies,
appeal boards, or legislative body concerning implementation and construction of
Tentative Tracf Map No. 32386, 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 wiil prompfly notify the applicant of any such
claim, action, or proceeding against the City and will cooperate fuily with the defense.
TENTATIVE TRACT MAP NO. 32786
2. Tentative Tract Map No. 32786 wiil expire two (2) years from date of approval unless
within that period of time 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 and the LEMC.
3: Tentative Tract Map No. 32786 shail 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 eertificate of occupancy of Tehtative Tract Map No. 32786, the
improvements specified herein and approued 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 ail other stated conditions shall be
com:plied with. All uncompleted improvements must be bonded for as part of the
agreements.
5. The applicanf shall comply with all the mitigations contained and identified in the
Mitigated Negative Declaration No. 2005-09.
6. Ali lots shall compiy 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 shail comply with alf conditions of the Riverside County Fire Department.
9. The applicant shall meet ali requirements of Elsinore Valley Municipal Water District
(EVMWD).
Conditions of Approval
Page 2 of 8
Extension of Time for Tentative Tract Map No. 32786
10.A11 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 applicant shall sign
and complete an "Acknawledgment of Conditions" and shatl 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, fhe applicant shall submit a letter of verification (will-
serve letter) to the City Engineer, for all required utility services.
14.The applPcant 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.The applicant shall meet all requirements of the providing telephone utility company.
20.A bond is required guaranfeeing the removal of all trailers used during construction.
21.A11 signage shall be subject to Planning Division review and approval prior to
installafion.
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.
Construetion activity shall not take place on Saturday, Sunday, or any Legal Holidays.
ENGINEERING
23.A grading plan signed and starnped 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.
24. 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
Conditions of Approval
Page 3 of 8
Extension of Time for Tentative Tract Map No. 32786
routes shall be subject to the review and approval of the City Engineer.
25.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 control. All
manufactured slopes greater than 30 ft. in height shall be contoured.
26.The applicant shall adhere to the Conditions of Approval from the City Traffic Engineer
dated September 14, 2005. The conditions are included in the Prior to Occupancy
portion of the Conditions of Approval.
27: Tract Phasing Plan shall be approved by the City Engineer. Bond public improvements
for each Phase as approved by the City Engineer.
28.An Encroachment Permit shall be obtained prior to any work on City right-of-way.
29.A11 utilities except electrical over 12 KV shall be placed underground, as approved by
the serving utility. Arrangements for relocation of utility company facilities (power pales,
vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner
or his agent.
30. 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.
31:The applicant shall install permanent bench marks to Riverside County Standards and
at a location to be determined by City Engineer.
32.Provide fire protection facilities as required in writing by Riverside County Fire.
Developer shall provide an approved open space conservation easement for the tracts
open space with a fuel modification zone for a fire break to be maintained by a
homeowne~'s association.
33,Open space Iqts adjacent to residential lots shall have areas designated as fuel
modification zones for a firebreak to be maintained by a homeowner's association.
34:Applicant shall pay all applicable development fees, including but not all inclusive:
TUMF, IVISHCP;TtF and area drainage fees.
35.10 year storm runoff shall be contained within the curb and the 100 year storm runoff
shall be contained within the street right-of-way. When either of these criteria are
exceeded, drainage facilities shall be provided.
36. Appiicant 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
Conditions of Approval
Page 4 of 8
Extension of Time for Tentative Tract Map No. 32786
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.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Controi
District 8tandards. An access road for maintenance to detention/water quality basins
shall be provided.
38.A11 compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8'h" x 11" Mylar) shall be submitted to the Engineering Division before
final inspection of public works improvements will be scheduled and approved.
39.A precise survey with closures for boundaries and all lots shall be provided per the
LEMC.
40.Street improvements including street lighting, traffic signals, and traffic signing and
striping shall be required as part of #his project. The improvements shall be prepared by
a registered civil engineer and shall meet city and/or riverside county standards.
41.Street lighting and landscaping on public right-of-way shall be maintained by a
maintenance assessment district or a homeowner's association.
42.A11 open space and slopes except for public parks and schools and flood control district
facilities, outside the public right-of-way will be owned and maintained by either a home
owner's association or private property owner. An access road for maintenance shail be
provided.
43.A11 waste material, debris, vegetation and ofher 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 recyciing vendor. Another recycling vendor, other than CR&R Inc., cannot
chacge the applicant for bin rental or solid waste disposal. If the applicant is not using
CR&R lnc. for recyciing services and the recycling material is either sold or donated to
another veridor, the applicant shall supply proof of debris disposal at a recycling center,
including verification of tonnage by certified weigh master tickets:
44.In accordance with the City's Franchise Agreement for waste disposal & recycling, the
applicant shall be required to contract with CR&R Inc. for removal and disposal of all
waste material, debris, vegetation and other rubbish generated during cleaning,
demolition, clear and grubbing or all other phases of construction.
45. Protect palm trees in place, or contact the Community Services of City of Lake Eisinore
for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044.
Conditions of Approval
Page 5 of 8
Extension of Time for Tentative Tract Map No. 32786
46.On-site drainage shall be conveyed to a public facility, accepted by adjacent property
owners by a letter of drainage aceeptance, or conveyed to a drainage easement.
47.A11 natural drainage traversing the site shall be conveyed througli the site, or shall be
collected and conveyed by a method approved by the City Engineer.
48. Roof drains shall not be allowed to outlet directly through coring in the street curb.
49. Roofs should drain to a landscaped area.
50.Applicant shall comply with all NPDES requirements in effect; including the submittal of
an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional
Water Qualify Control Board.
51. Education guidelines and Best Management Practices (BMP) shall be provided to
residents of the development in the use of herbicides, pesticides, fertilizers as weil 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.
Prior to Approval of:Final Map, unless other timing is indicated, the subdivider shall
complete the following or liave plans submitted and approved, agreements executed
and securities posted:
52.Applicant shall record C C& R's for maintenance of siopes, drainage facilities, and
street lighting within the project. The C C& R's shall be approved by the Planning
Director prior to recordation of final map.
53.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.
54.Applicant shall obtain all necessary off-site easements for off-site grading from the
adjacent property owners prior to finat map approval.
55.Ai1 Public VI/orks requirements shall be complied with as a condition of development as
specified in #he Lake Elsinore Municipal Code (LEMC) prior to final map approval.
56. Make an offer of dedicatibn for all pubiic st~eets and easements required by these
conditions or shown on the Tentative Map. Ali land so offered shail be granted to the
City free and clear of all liens and encumbrances and without cost to the city.
57.Some of the improvements shown on the Map and/or required by these conditions are
located off-site on praperty which neither the City nor the subdivider may have no title or
Conditions of Approval
Rage 6 of 8
Extension of Time for Tentative Tract Map No. 32786
interest to permit the improvements to be made withoui acquisition of title or interest.
The subdivider shall pay all costs for acquisition of title or interest.
58.A Calif. Registered Civil Engineer shall prepare street and drainage improvement plans
and specifications. Improvements shall be designed and constructed to Riverside
County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and
16,34). Street improvemsnt plarrs shall show existing and future profiles at centerline of
street, at top of curb and at centerline of the alley. The profiiles and contours will extend
to 50' beyond the property limits.
59: Interior streets shall be dedicated and improved to public residential street standards
(40'160') or as shown in the map.
60. Constcuct half-width street improvements on Stoddard Street, Dryden Street, Dolbeer
Street, Terra Cotta Road, and Lakeshore Drive along project frontage. The
improvements shall include ac pavement; curb and gutter, sidewalk, street lighting,
signing and striping, and necessary drainage improvements.
61. Construct half street improvements on Hoff Avenue along project frontage and as
shown on the map.
62. Construct a 24' temporary ac paved road that connects Hoff Avenue to extension of
Terra Cotta Road.
63. Construct 24' temporary ac pavement on Stoddard Street, from Stevens Street.
64.Traffic Signing and Striping plans shall be required with the street improvement plans.
Signing and striping shall be installed in accordance with the plans approved by the City
Traffic Engineer.
65. Street abandonment shall be processed and approved as part of final.
Prior to Issuance of a Grading Permit:
66.Submit grading plans with appropriate security, Hydrology and Hydraulic Reports
prepared by a Registered Civil Engineer for approval by the Gity Engineer. Developer
shall mitigate any flooding and/or erosion downstream caused by development of the
site and/or diversion of drainage,
67. Provide soils, geology and seismic report including street design recommendations.
Provide final soils report showing compiiance with recommendations.
68.An Alquis-Priolo sfudy shall be pertormed on the site to identify any hidden earthquake
faults and/or liquefaction zones present on-site.
Conditions of Approval
Page 7 of 8
Extension of Time for Tentative Tract Map No. 32786
69.The applicant shall obtain all necessary off-site easements for off-site grading and/or
dr3inage acceptance from the adjacent property owners prior to grading permit
issuance.
70.Applicant to provide erosion control measures as part of their grading plan. T{ie
applicant shall contribute to protection of storm water quality and meet the goals of the
BMP in Supplement "A° in the Riverside County NPDES .Drainage Area Management
Plan.
71.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 poilution 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 for the development and including
maintenance responsibilities.
Prior to Issuance of Building Permit:
72.A11 Public Works requirements shali be complied with as a condition of development as
specif+ed in the Lake.Elsinore Municipal Code (LEMC) prior to buitding permit.
73.Submit a"VVill Serve" letter to #he City Engineering Division from the applicable water
agency stating that water and sewer arrangements have been rnade for this project and
specifv the technical data for the water service at the location such as water pressure
and volume etc. Submit this letter prior to appi.ying for a building permit.
74.If the project is within the FEMA 100-yr floodplain, the applicant must submit a
Conditional Letter of Map Revision (CLOMft) to FEMA prior to issuance of building
permits. A Letter of Map Revision (LOMR) must be approved from FEMA prior to
occupancy.
75. Pay all Capital Improvement Mitigation and Plan Check fees (LEMC 16.34).
Prior to Occupancy:
76. Pay all fees and meet requirements of an encroachment permit issued by the
Engineering Division f.or construction of off-site pubiic works improvements
(LEMC12.08, Res.83-78).
77. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements
specified herein and approved by the Planning Commission and the City Council shall
be instalied, or agreements for said improvements, shali be submitted to the City for
approval by the City Engineer, and all other stated conditions shall be complied with. All
uneompleted improvements must be bonded for as part of the agreements.
78.A1i compaction reports, grade certifications, monument certifications (with tie notes
Conditions of Approval
Page 8 of 8
Extension of Time for Tentative Tract Map No. 32786
delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before
final inspection of aff-site improvements will be scheduled and approved.
79.If appiicable, the applicant to provide FEMA elevation certificates prior to certificate of
accupancies
80.A11 public improvements shall be completed in accordance with the approved plans to
the satisfaction of the City Engineer.
81.A11 traffic signing and striping shall be completed in accordance with the approved plans
to the satisfaction of the City Traffic Engineer.
82. Water and sewer improvements shall be completed in accordance with VVaCer District
requirements.
83.This project is subject to the following traffic conditions of approval by the City Traffic
Engineer:
• By the 100th Certificate of Occupancy (C of O) construct Terra Cotta Road from the
projecYs north boundary to Nichols Road and construct Nichols Road from Terra
Cotta Road to the existing pavement section west of Collier Avenue. These roads
shail be designed to general plan circulation alignment and standards, and shall be
paved with a travel lane in each direction.
• By #he 100ih C of O a traffic signal shall be constructed and operational at the
intersection of Nichols Road and Collier Avenue.
• By the 3001h C of O traffic signals shall be constructed and operationai at the I-15
freeway northbound ramp and southbound ramp infersections at Nichols Road.
• If Terra Cotta Road and Nichols Road cannot be constructed as defined in the first
item described above by the 100~h C of O, a traffic signal shall be constructed and
operational at the intersection of Lake Street and Temescal Canyon Road by the
100ih C of O.
• If Terra Cbtta Road and Nichols Road cannot be constructed as defined in the first
item described above by the 100~h C of O, traffie signals shali be designed,
construc#ed and operational at the intersections of Lake Street and the I-15 #reeway
southbound and northbound ramps by the 200~h C of O if the above referenced
Terra Cotta Road and Nichols Road segments are nof constructed by khe 200~h C of
O.
• By the 50th C of O, the intersection of Terra Cotta Road and Lakeshore Drive shail
be fully improved and signalized. This intersection will require special design as
determined bythe City Engineer.
• By the 250"' C of O, the intersection of Dryden Street and Lakeshore Drive shall be
fuily improved and signalized,