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HomeMy WebLinkAboutAttachment 4 - Conditions of Approval (2)Applicant’s Initials: _____ Page 1 of 22 CONDITIONS OF APPROVAL PROJECT: PA 2021-43/TTM 34249R1/RDR 2022-06 PROJECT NAME:Canyon Hills Estates PROJECT LOCATION:APNs: 365-230-005, 006, 009, 011, and 012 APPROVAL DATE: EXPIRATION DATE: EXPIRATION DATE: GENERAL CONDITIONS 1.Revision No. 1 to Tentative Tract Map (TTM) No. 34249 proposes to subdivide the 81.32- acre site into 133 single-family lots ranging in size from 3,206 sq. ft. to 15,747 sq. ft., three (3) open space lots, two (2) water quality/detention basins, and one (1) 5.82-acre park. The project also includes Residential Design Review No. 2022-06 for the design and construction of 133 single-family residences, preliminary plotting, conceptual wall and fence plan, conceptual landscaping, and related site improvements. The project proposes six (6) floor plans ranging in size from 2,314 sq. ft. to 4,225 sq. ft. and three (3) architectural styles (Santa Barbara, Napa, and California Craftsman). The site is located south of Canyon Hills Road and west of Cottonwood Canyon Road within the Canyon Hills Estates Specific Plan (APNs: 365-230-005, 006, 009, 011, and 012). TTM 34249 was previously approved for the subdivision of 246.41 acres into 302 single family residential lots, 12 open space lots, one (1) Public Park, and two (2) tank sites. 2.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of TTM 34249R1 and RDR 2022-06, 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, including the approval, extension or modification of TTM 34249R1 and RDR 2022- 06 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition 3.Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4.Tentative Tract Map No. 34249R1 shall comply with the State of California Subdivision Map Act, the Canyon Hills Estates Specific Plan, and applicable requirements set forth in the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 2 of 22 5.Residential Design Review No. 2022-04 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (1) and (2) of Lake Elsinore Municipal Code (LEMC) Section 17.415.050.I.1. Notwithstanding conditions to the contrary, a design review granted pursuant to LEMC Section 17.415.050.I.2 shall run with the land for this two- year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site, which was the subject of the design review application. 6.The applicant shall comply with the provisions of the Canyon Hills Estates Specific Plan, the Conditions of Approval for Tentative Tract Map No. 34249, and the Development Agreement by and between City of Lake Elsinore and Tri Pointe Homes IE-SD, Inc. recorded on August 29, 2022. 7.The applicant shall provide all project-related on-site and off-site improvements as shown on the Tentative Tract Map and these Conditions of Approval. 8.Future development shall comply with these Conditions of Approval and provisions and the balance of the requirements contained in the Canyon Hills Specific Plan document. 9.All future development proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis may be required. 10.If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Prior to Recordation of Final Tract Map(s) 11.All residential lots shall comply with minimum standards contained in the Development Standards for Single Family Residential-1 (SF-1) and Single Family Residential-2 (SF-2) detailed in Section 4.3 of the Canyon Hills Estates Specific Plan. 12.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 13.Street names within the subdivision shall be approved by the Community Development Director or Designee. 14.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 15.The applicant shall meet all requirements of Elsinore Valley Municipal Water District PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 3 of 22 (EVMWD). 16.Prior to recordation of a Final Tract Map, the applicant shall initiate and complete the annexation of this project to the Homeowner’s Association (HOA), which shall be approved by the City, recorded, and in place. All Association documents shall be submitted for review and approval by City Planning, Engineering and the City Attorney and upon City approval shall be recorded. Such documents shall include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC&Rs). a. At a minimum, all recreation and park areas (except public parks), all natural slopes and open space, all graded slopes abutting public street rights-of-way which are not part of residential lots, up slopes from public rights-of-way within private lots and all private streets, and all drainage basins shall be maintained by the Homeowner’s Association (HOA). Prior to Issuance of Grading Permits/Building Permits 17.The following architectural details shall be provided: a. All front fence returns will be decorative masonry walls. Vinyl or steel (tubular steel) gates are allowed in order to allow access to rear yards. b. The applicant shall provide four-sided articulation. Architectural enhancements and treatments shall be provided all residential elevations (front, rear and side) visible from streets on Railroad Canyon Road and Tassel Way and other public views. 18.Signs are not part of this project approval. All signage shall be subject to Planning Division or Planning Commission review and approval prior to installation. 19.The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of each building permit. 20.Prior to the issuance of a building permit, the applicant shall pay all applicable City fees, including but not limited to Development Impact Fees (DIF) and MSHCP Fees per LEMC Section 16.85, Development Agreement (DAG) Fee, at the rate in effect at the time of payment. 21.The project shall connect to water and sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 22.Provisions of the City's Noise Ordinance (LEMC Chapter 17.176) shall be satisfied during all site preparation and construction activity. 23.Prior to the commencing of grading activities, the applicant shall place a weatherproof 3’ X 3’ sign at the entrance to the project site identifying the approved days and hours of construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease no later than 5:00 PM, Monday through Friday. Only finish work and similar interior construction may be conducted on Saturdays and may commence no earlier than 8:00 am and shall cease no later than 4:00 p.m. Construction activity shall not take place on Sunday, or any Legal Holidays. The sign shall identify the name and phone number of the development manager to address any complaints. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 4 of 22 24.Prior to issuance of a building permit, the applicant shall submit a Final Wall and Fence Plan for review and approval by the Community Development Director or designee showing the following: a. Show the location of all vinyl or steel (tubular steel) gates placed within the front return walls. b. Show that sidewalls for corner lots shall be decorative masonry block walls with pilasters. c. Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. d. Show decorative masonry fencing at tract edges and adjacent to the public right-of-way with a decorative pilaster at every 30 feet. e. Nonvisible fencing between the homes and in the backyard, will be vinyl or tubular steel where views make that an appropriate option. 25.Prior to issuance of a model home permit, building plans for the Model Home Complex shall comply with all American Disabilities Act (ADA) requirements, including provision of a handicapped-accessible bathroom. 26.A Construction Phasing shall be prepared for this project that avoids construction traffic from entering occupied neighborhoods within the tract. The Phasing Plan shall be reviewed and approved by the Engineering Department. 27.A cash bond in the amount of $1,000 shall be required for the Model Home Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 28.A cash bond in the amount of $1,000 shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 29.A cash bond in the amount of $1,000 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers, subject to the approval of the Community Development Director or designee. 30.All mechanical and electrical equipment associated with the residences shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened behind fence returns, subject to the approval of the Community Development Director, prior to issuance of building permit. 31.Prior to issuance of a building permit, Final Landscaping / Irrigation Detail Plans (one full size set along with a PDF copy) consistent with the Canyon Hills Estates Specific Plan and LEMC requirements shall be submitted along with appropriate fees for review and approval by the Community Development Director or designee. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation systems to provide 100 percent planting coverage using a combination of drip and conventional irrigation methods. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 5 of 22 a. The applicant shall replace any street trees harmed during construction, in conformance with the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. b. Perimeter walls shall be protected by shrubs and other plantings that discourage graffiti. c. The applicant shall ensure a clear line of sight at ingress/egress points by providing plantings within 15 feet of ingress/egress points whose height does not exceed two (2) feet and whose canopy does not fall below six feet. d. The landscape plan shall provide for California native drought-tolerant ground cover, shrubs, and trees. Special attention shall be given to use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. e. No front-yard shall be landscaped with grass turf. f. All landscape improvements shall be bonded with a ten percent (10%) Faithful Performance Bond of the approved estimated labor and materials cost for all planting. The bond shall remain in effect for one year from Certificate of Occupancy. g. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. h. All Model Homes shall be Xeriscaped and signage provided identifying Xeriscape landscaping. Xeriscape is a method of landscape design that minimizes water use by: 1) Implementing hydrozones; 2) Eliminating high and medium water-use plant material as identified by Water Use Classifications of Landscape Species (WUCOLS) (such as turf) and incorporates low to very low water-efficient (“drought-tolerant” / climate-appropriate) plants; 3) Requires an efficient irrigation system that includes: a. ET-Based (“Smart irrigation”) controller(s) with weather-sensing, automatic shut- off and seasonal adjustment capabilities; b. Efficient irrigation water application through use of: i. Low-volume point-source irrigation (such as drip irrigation and bubblers) for all shrub planter areas (maximum of 3:1 slope) with a minimum irrigation efficiency of 0.90 ; and/or ii. Rotor-type nozzles for areas greater than ten (10) feet wide, for slopes 3:1 and greater, AND with a minimum irrigation efficiency of 0.71. 4) Improvement of soil structure for better water retention; and 5) Application of mulch to hinder evaporation. i. The Final landscape plan shall be consistent with any approved site and/or plot plan. j. The Final landscape plan shall include planting and irrigation details and shall include PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 6 of 22 one (1) street tree per lot. k. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Planning Division, prior to issuance of certificate of occupancy. l. All landscaping and irrigation shall comply with the water-efficient landscaping requirements set forth in LEMC Chapter 19.08 (Water Efficient Landscape Requirements), as adopted and any amendments thereto. 32.Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Community Development Director. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. BUILDING DIVISION General Conditions 33.Final Building and Safety Conditions. Final Building and Safety Conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 34.Compliance with Code. All design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes: 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code. 35.Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi-family residential projects or a recorded final map for single- family residential projects. It takes 10 days to issue address and notify other agencies. Please contact Sonia Salazar at ssalazar@lake-elsinore.org or 951-674-3124 X 277. 36.Clearance from LEUSD. A receipt or clearance letter from the Lake Elsinore School District shall be submitted to the Building and Safety Department evidencing the payment or exemption from School Mitigation Fees. 37.Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 38.Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 39.Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 7 of 22 40.House Electrical Meter. Applicant shall provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 41.Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A Sound Transmission Control Study in accordance with the provisions of Section 5.507 of the 2022 edition of the California Building Code. c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 42.Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 43.Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 44.Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Provide C.D. of approved plans to the Building Division. Prior to Beginning of Construction 45.Pre-Construction Meeting. A pre-construction meeting is required with the building inspector prior to the start of the building construction. ENGINEERING DEPARTMENT General 46.All new submittals for plan check or permit shall be made using the City’s online Citizen Self-Service Portal (CSSP). 47.All engineering plans shall be prepared by a licensed California Civil Engineer using the City’s standard title block. 48.All required soils, geology, seismic, and hydrology and hydraulic reports shall be prepared by a registered California licensed Civil Engineer and Soils Engineer, as applicable. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 8 of 22 49.All slopes and landscaping within the public right-of-way shall be maintained by the property owner, owner’s association, firms contracted by the property owner’s association, or another maintenance entity approved by the City Council. 50.All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way shall be owned and maintained by the property owner or property owner’s association. 51.Any portion of a drainage system that conveys runoff from open space shall be installed within a drainage easement. 52.Water quality facilities that are constructed across lots shall be installed within a dedicated drainage easement. 53.Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds, shall require approval and necessary permits from respective Federal and/or State Agencies. 54.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 both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy. 55.Applicant shall submit a detailed hydrology and hydraulic study for review for the sufficient containment and conveyance of the storm water to a safe and adequate point as approved by the City Engineer. 56.The site will accommodate all construction activity, building activity, vehicles, etc. No staging on public streets, or private property belonging to others shall be conducted without the written permission of the property owner. 57.Minimum good housekeeping and erosion and sediment control Best Management Practices (BMPs) as identified by the City shall be implemented. 58.Applicant shall install permanent benchmarks to Riverside County Standards and at locations to be determined by the City Engineer. FEES 59.Applicant shall pay all applicable permit application and Engineering assessed fees, including without limitation plan check and construction inspection fees, at the prevalent rate at time of payment in full. 60.Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Fees are subject to change. Mitigation and Development Impact Fees include without limitation: Master Plan of Drainage Fee – Due prior to Final Map approval or grading permit issuance, whichever is first. Traffic Infrastructure Fee (TIF) – Due prior to building permit issuance. Transportation Uniform Mitigation Fee (TUMF) – Due prior to occupancy. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 9 of 22 Stephens’ Kangaroo Rat Mitigation Fee (K-Rat) – Due prior to grading permit issuance. FINAL TRACT MAP 61.Applicant shall submit for plan check review and approval for final Tract Map. 62.Street names within the subdivision shall be established and approved by the Community Development Director or designee. 63.Applicant shall make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City, free and clear of all liens and encumbrances and without cost to the City. 64.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 in the Lake Elsinore Municipal Code (LEMC), and consistent with the City’s agreement with the Elsinore Valley Municipal Water District. 65.Prior to scheduling City Council approval of the final Tract Map, the applicant shall, in accordance with Government Code, have constructed all improvements or have improvement plans submitted and approved, agreements executed, and securities posted. Securities posted include but are not limited to the off-site improvements. 66.Monumentation shall be in accordance with LEMC Section 16.32 and Subdivision Map Act. 67.Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of final map. 68.Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City for review approval. Recordation shall be with final Tract Map. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES Design 69.The project is responsible for complying with the latest Santa Ana Region National Pollutant Discharge Elimination System (NPDES) Permits as warranted based on the nature of development and/or activity. 70.A Final Water Quality Management Plan (WQMP) shall be prepared using the Santa Ana Region of Riverside County guidance document and template. The Final WQMP shall be approved by the City prior to scheduling City Council for final map approval, grading plan approval and issuance of any permit for construction, whichever is first. 71.The Final WQMP shall document the following: Detailed site and project description. Potential stormwater pollutants. Post-development drainage characteristics. Low Impact Development (LID) BMP selection and analysis. Structural and non-structural source control BMPs. Treatment Control BMPs. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 10 of 22 Site design and drainage plan (BMP Exhibit). Documentation of how vector issues are addressed in the BMP design, operation and maintenance. GIS Decimal Minute Longitude and Latitude coordinates for all LID and Treatment Control BMP locations. Hydraulic Conditions of Concern (HCOC) – demonstrate that discharge flow rates, velocities, duration and volume for the post construction condition from a 2-year, 24- hour rainfall event will not cause adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts downstream public facilities and water bodies. Evaluation documentation shall include pre- and post-development hydrograph volumes, time of concentration and peak discharge velocities, construction of sediment budgets, and a sediment transport analysis. If HCOC applies, the project shall implement measures to limit disturbance of natural water bodies and drainage impacts from urban runoff (Note the facilities may need to be larger due to flood mitigation for the 10-year, 6- and 24-hour rain events). Operations and Maintenance (O&M) Plan and Agreement (using City approved form and/or CC&Rs) as well as documentation of formation of funding district for long term maintenance costs. 72.Water quality facilities that service more than one parcel shall be placed in an easement to provide for maintenance and prevent obstruction. 73.Parking lot landscaping shall be designed to provide for treatment, retention, or infiltration of runoff. 74.Project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape and permeable surfaces in low traffic roads and parking lots. 75.Project trash enclosure shall be covered, bermed, and designed to divert drainage from adjoining paved areas and regularly maintained. 76.If CEQA identifies resources requiring Clean Water Act Section 401 Permitting, the applicant shall obtain certification through the Santa Ana Regional Water Quality Control Board and provide a copy to the Engineering Department. 77.The project site shall implement full trash capture methods/devices approved by the Regional Water Quality Control Board. This shall include installation of connector pipe screens on all onsite and offsite catch basins to which the project discharges. Construction 78.A Storm Water Pollution Prevention Plan (SWPPP) (as required by the NPDES General Construction Permit). A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 79.Prior to grading or building permit for construction or demolition and/or weed abatement activity, projects subject to coverage under the NPDES General Construction Permit shall demonstrate that compliance with the permit has been obtained by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 11 of 22 proof of filing to the satisfaction of the City Engineer. 80.Erosion & Sediment Control – Prior to the issuance of any grading or building permit for construction or demolition, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City’s NPDES Program, California Building Code and state water quality regulations for grading and construction activities. The Erosion and Sediment Control Plan shall identify how all construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored and secured to prevent transport into local drainages or waters by wind, rain tracking, or dispersion. The plan shall also describe how the project will ensure that all BMPs will be maintained during construction of any future right of ways. Post-Construction 81.All storm drain inlet facilities shall be appropriately marked “Only Rain in the Storm Drain” using the City authorized marker. 82.Prior to the issuance of a certificate of use and/or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, industrial/commercial, MS4, etc. to include: Demonstrate that the project has compiled with all non-structural BMPs described in the project’s WQMP. Provide signed, notarized certification from the Engineer of Work that the structural BMPs identified in the project’s WQMP are installed in conformance with approved plans and specifications and operational. Submit a copy of the fully executed, recorded City approved Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs or a copy of the recorded City approved CC&R. The Operation and Maintenance (O&M) Plan and Agreement and/or CC&R’s shall: (1) describe the long-term operation and maintenance requirements for BMPs identified in the BMP Exhibit; (2) identify the entity that will be responsible for long-term operation and maintenance of the referenced BMPs; (3) describe the mechanism for funding the long-term operation and maintenance of the referenced BMPs; and (4) provide for annual certification for water quality facilities by a Registered Civil Engineer. The City format shall be used. Provide documentation of annexation into a CFD for funding facilities to be maintained by the City. Demonstrate that copies of the project’s approved WQMP (with recorded O&M Plan or CC&R’s attached) are available for each of the initial occupants. Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and/or Occupancy for the project to verify compliance with the approved WQMP and O&M Plan. A signed/sealed certification from the Engineer of Work dated 12 months after the Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. Provide the City with a digital .pdf copy of the Final WQMP. UTILITIES 83.All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 12 of 22 the roadway shall be the responsibility of the applicant, property owner, and/or his agent. Overhead utilities (34.5 kV or lower) shall be undergrounded (LEMC Section 16.64). 84.Applicant shall apply for, obtain and submit to the City Engineering Department a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities. Non-Interference Letter (NIL) shall be provided prior to issuance of grading permit. 85.Submit a “Will Serve” letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure, volume, etc. Will Serve letters shall be provided prior to issuance of grading permit. IMPROVEMENTS 86.Project will be responsible for the following improvements: Construction of full 40-foot street section on 60-feet of dedicated right of way for project site internal public streets. Modified Cottonwood Canyon Road shall be constructed with varying width from 40’ to 48’ from curb to curb and varying locations for the sidewalk as indicated on TTM with a dedicated right of way of 70-feet. Modification of existing and installation of new signing striping for required improvements. The project shall be responsible for any additional paving and/or striping removal causing by the striping plan. Construct a minimum 36-foot section with rolled curbs constructed on a 46-foot easement for internal private local streets. 87.Sight distance into and out and throughout the project location shall comply with City or Caltrans standards. Project shall ensure facilities are installed outside the line of sight of drivers. 88.Applicant shall comply with access requirements from the Fire Department. 89.Onsite circulation of the project shall be completed to the satisfaction of the Fire Department. 90.Project will be responsible to design and install streetlights Streetlight system shall be designed as LS-2B system. Streetlight plans shall include but are not limited to details such as location, pole and luminaire type, and pull box design. Streetlight plans may be included as part of the Street Improvement plan set. 91.10-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. 92.Applicant shall provide for the detention of storm water increases due to the project as increased from historic flow volumes. Basins shall be designed consistent with Riverside County Flood Control District standards. 93.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 13 of 22 94.A drainage study shall be provided. The study shall identify the following: identify storm water runoff from and upstream of the site; show existing and proposed off-site and on-site drainage facilities; and include a capacity analysis verifying the adequacy of the facilities. 95.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. All off-site drainage, if different from historic flow, shall be conveyed to a public facility. 96.Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain across a minimum of 20-feet of landscaped area. 97.The site shall be planned and developed to keep surface water from entering buildings (California Green Building Standards Code 4.106.3). 98.All existing storm drain inlet facilities adjacent to the subject properties shall be retrofitted with a storm drain filter; all new storm drain inlet facilities constructed by this project shall include a storm drain filter. 99.A California licensed Civil Engineer shall prepare the improvement (for public and private), signing and striping, and traffic signal plans required for this project. Improvements shall be designed and constructed to City Standards and Codes (LEMC 12.04 and 16.34). Permitting/Construction 100.An Encroachment Permit shall be obtained prior to any work on City right-of-way. The developer shall submit the permit application, required fees, and executed agreements, security and other required documentation prior to issuance. 101.All compaction reports, grade certification, monument certification (with tie notes delineated on 8 ½ X 11” Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. PRIOR TO GRADING PERMIT 102.A grading plan signed and stamped by a registered Civil Engineer shall be submitted for City review and approval for all addition and/or movement of soil (grading) on site. The plan shall include separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings, and design manual. 103.The grading plan shall show conveyance of any storm water historically traversing the project site. The storm drain design shall convey, at a minimum, the 100-year storm event detailing overland release of any supplemental water volume. 104.Applicant shall provide soils, geology and seismic report for plan check review and approval. Provide final soils report showing compliance with recommendations. 105.Applicant shall obtain all necessary off-site easements and/or permits for off-site grading and the applicant shall accept drainage from the adjacent property owners. 106.Applicant shall mitigate to prevent any flooding and/or erosion downstream caused by PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 14 of 22 development of the site and/or diversion of drainage. 107.All natural drainage traversing the site (historic flow) shall be conveyed through the site in a manner consistent with the historic flow or to one or a combination of the following: to a public facility; accepted by adjacent property owners by a letter of drainage acceptance; or conveyed to a drainage easement as approved by the City Engineer. Permitting/Construction 108.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 109.Any grading that affects “waters of the United States”, wetlands or jurisdictional streambeds require approval and necessary permits from respective Federal and/or State Agencies. 110.No grading shall be performed without first having obtained a grading permit. A grading permit does not include the construction of retaining walls or other structures for which a Building Permit is required. 111.A preconstruction meeting with the City Engineering Inspector (Engineering Department) is required prior to commencement of any grading activity. 112.Hauling in excess of 5,000 cubic yards shall be approved by the City Council (LEMC 15.72.065). 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 export material. All such routes shall be subject to the review and approval of the City Engineer. Haul route shall be submitted prior to issuance of a grading permit. 113.All grading shall be done under the supervision of a geotechnical engineer. Slopes steeper than 2 to 1 shall be evaluated for stability and proper erosion control and approved by the City. 114.Review and approval of the project sediment and erosion control plan shall be completed. As warranted, a copy of the current SWPPP shall be kept at the project site and be available for review upon request. 115.Approval of the project Final Water Quality Management Plan (WQMP) for post construction shall be received prior to issuance of a grading permit. 116.Applicant shall obtain applicable environmental clearance from the Planning Department and submit applicable clearance document to the Engineering Department. This approval shall specify that the project complies with all required environmental mitigation triggered by the proposed grading activity. PRIOR TO BUILDING PERMIT 117.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code prior to issuance of a building permit. 118.Applicant shall provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 15 of 22 119.All public improvement plans shall be completed and approved by the City Engineer. 120.Applicant shall submit an owner-signed copy Operations and Maintenance (O&M) Plan and Agreement for all structural BMPs for approval and execution. 121.Any dedications and easements not identified on the final Tract Map shall be recorded with the recorded copy provided to the City prior to issuance of the building permit. 122.The Final Tract Map shall be recorded. PRIOR TO OCCUPANCY / FINAL APPROVAL / PROJECT CLOSEOUT 123.All public improvements shall be constructed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer prior to issuance of first occupancy. 124.Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided. 125.Applicant shall provide a digital copy of the recorded Covenants, Conditions, and Restrictions (CC&Rs) to the Engineering Department prior to first occupancy. 126.In the event of damage to City roads from hauling or other construction related activity, applicant shall pay full cost of restoring public roads to the baseline condition. 127.All final studies and reports shall be submitted in .tif format on a USB flash drive or electronically to the Engineering Department before final inspection will be scheduled. 128.All required public right-of-way dedications, easements, vacations and easement agreement(s) shall be recorded with a recorded copy provided to the City prior to first occupancy. 129.Applicant shall pay all outstanding applicable processing and development fees prior to occupancy and/or final approval. 130.Applicant shall submit documentation pursuant to City’s Security Release handout. 131.Applicant shall submit as-built all Engineering Department approved project plan sets. After City approval of paper copy, applicant is responsible for revising the original mylar plans. Once the original mylars have been approved, the developer shall provide the City with a digital copy of the “as-built” plans in .tif format. 132.Applicant shall provide AutoCAD and GIS Shape files of all Street and Storm Drain plans. All data must be in projected coordinate system: NAD 83 State Plane California Zone VI U.S. Fleet. All parts and elements of the designed system shall be represented discretely. Include in the attribute table basic data for each feature, such as diameter and length, as applicable, and for pipes include material (PVC, RCP, etc.) and slope. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 16 of 22 COMMUNITY SERVICES DEPARTMENT 133.The 5.4 acre public park (Lot 136) shall be conveyed to the City and shall be included in the Community Facility District for maintenance and renovation cost. 134.The design of the public park (Lot 136) shall provide for pedestrian circulation and access for the disabled throughout the park. 135.Prior to recordation of the final map, the developer shall meet with the Directors of Community Services and Community Development to determine the location and specifications of the park amenities that need to be provided. 136.Prior to the issuance of the first building permit, construction plans and specifications for the park shall be reviewed and approved by the Community Development Department. 137.The developer shall post security and enter into an agreement to improve the public park prior to issuance of the first building permit. 138.Construction of the park shall commence pursuant to a pre-construction meeting with the developer, the developer’s construction contractor and City representatives. Failure to comply with the City’s review and inspection process may preclude acceptance of the park by the City. 139.The developer, the developer’s successor or assignee, shall be responsible for all maintenance of the public park site (Lot 136) until such time as those responsibilities are accepted by the City of Lake Elsinore. 140.The 5.4-acre public park site (Lot 136) shall be improved and dedicated to the City free and clear of any liens, assessment fees, or easements that would preclude the City from utilizing the property for public purposes. A policy of title insurance and a soils assessment report shall be provided with the conveyance of the property. 141.All open space areas and trails will be maintained by the HOA or other maintenance entity approved by the City. 142.No park credits shall be given for open space areas. 143.Developer shall dedicate 5.4 acres for a public park and pay for park improvements. Construction of the park improvements shall be in lieu of payment of park fees. 144.Construction of the park site (Lot 136) shall be completed prior to the 100th building permit. CITY OF LAKE ELSINORE FIRE MARSHAL 145.The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. 146.This project is in a Very High Fire Hazard Severity Zone of Riverside County as shown on PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 17 of 22 a map on file with the Clerk of the Board of Supervisors. Any building constructed within this project shall comply with special construction provisions contained in the California Building Code. 147.The Riverside County Fire Department approves the subdivision of 81.32 acres into 133 single family residential lots, 10 open space lots, one detention basin and one park as shown on the development proposal from December 23, 2021 for Revision No. 1 of the tentative map utilizing Canyon Hills Road for primary and secondary access/egress. Development beyond the above description for the remainder portion of the previously approved tentative map will need further review for conformance with City of Lake Elsinore and Fire Department requirements. 148.The applicant or developer shall provide fire hydrants in accordance with the following: a.Prior to placing any combustibles on site, provide an approved water source for firefighting purposes. Prior to building permit issuance, submit plans to the water district for a water system capable of delivering fire flow as required by the California Fire Code and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Hydrants must produce the required fire flow per the California Fire Code. b.Prior to building permit issuance, install the approved water system, approved access roads, and contact the Fire Department for a verification inspection. 149.Gates must meet Fire Department standards at the time of building permit application. Current standards require that gates have a Knox rapid entry system, an infrared gate opener, and be set back up to 35 feet allow emergency vehicles to safely stop away from traffic flow. 150.If the project is phased, each phase of development shall independently meet all applicable fire department requirements, including water supply, emergency vehicle access and circulation, and High Fire Area risk mitigations. Primary and Secondary access shall provide independent ingress and egress to a County or City maintained circulating element. A phasing map shall be provided and primary and secondary access from the project boundary to the circulating element shall be noted on the plan and on the Vicinity Map 151.These comments are preliminary; further review will occur upon receiving building plans. Additional conditions may be necessary at that time. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD 152.Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into Community Facilities District No. 2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. The annexation process shall be completed prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 18 of 22 project with respect to Public Safety services. Applicant shall make a non-refundable deposit of $15,000, or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 19 of 22 Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) 153.Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into the Community Facilities District No. 2015-2 (Maintenance Services) or current Community Facilities District in place at the time of annexation to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks 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, including parkways, street maintenance, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. The annexation process shall be completed prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a non- refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable.. MITIGATION MONITORING AND REPORTING PROGRAM 154.The applicant shall comply with the Mitigation Monitoring & Reporting Program (MMRP) for the Canyon Hills Estates Specific Plan, Final Environmental Impact Report (FEIR) No. 2006- 04 (SCH # 2006051073), which was adopted for this project. 155.The following mitigation measures related to the protection of Cultural Resources shall be implemented as described below: • TS-01 shall be avoided and preserved where feasible including a 10-meter buffer surrounding the boundaries of TS-01 to protect the delineated site area and any associated subsurface components. Protective fencing during construction shall be provided to protect TS-01 where feasible. • Prior to the issuance of any grading permits, a Phase II cultural resources testing and evaluation program shall be conducted for TS-01 and TS-02. The Phase II evaluation plan shall contain a research design and field methodology designed to evaluate the significance of the sites pursuant to applicable law and in accordance with general archaeological reporting standards for such. If Phase II testing determines the presence of a "unique archaeological resource" under Public Resources Code Section 21083.2, the report shall include recommended measures to avoid or mitigate impacts to the sites. Where avoidance of significant resources is not feasible, Phase Ill investigations (data recovery) shall be completed. • All testing and evaluation shall be supervised by an individual or individuals meeting the Secretary of the Interior's Professional Qualifications Standards as a qualified prehistoric archaeologist for Site TS-01 and as an historic archaeologist for Site TS- 02 and/or a Registered Professional Archaeologist (RPA) with similar qualifications. • If the Phase II cultural resources evaluation program determines that a given resource is eligible for listing on the California Registry of Historic Resources (CRHR) and/or PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 20 of 22 local listings and therefore meets the definition of a "historical resource," or if there is a determination by the City in consultation with the Pechanga Tribe that a resource is "unique" pursuant to applicable law, an impact determination shall be made prior to issuance of grading permits. If the impacts are determined to be significant, appropriate mitigation measures shall be designed in consultation with the Pechanga Tribe to mitigate impacts to below a level of significance with preservation as the preferred mitigation if feasible. If preservation is not the chosen alternative, a data recovery program shall be implemented. The data recovery program shall entail, at a minimum, the collection of surface materials and a sufficient sample of buried materials, analysis, and reporting of recovered materials consistent with the Cultural Resources Treatment and Monitoring Agreement by and between the Project Applicant and the Pechanga Tribe. • Prior to issuance of grading permit(s) for the Project, the Project Applicant shall retain an archaeological monitor to monitor all ground-disturbing activities with special emphasis on the vicinity of TS-01 and TS-02 in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. • At least 30 days prior to seeking a grading permit, the project applicant shall contact the Pechanga Band of Luiseño Indians for the purpose of notifying the Tribe of the grading, excavation and monitoring program, and to coordinate with the City of Lake Elsinore and the Pechanga Band of Luiseño Indians to develop a Cultural Resources Treatment and Monitoring Agreement. The Agreement shall address the treatment of known cultural resources, the designation, responsibilities, and participation of Native American monitors during grading, excavation and ground disturbing activities; project grading and development scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The City of Lake Elsinore shall be the final arbiter of any disputes concerning the conditions included in the Agreement. • Prior to issuance of any grading permit, the project archaeologist shall file a pre- grading report with the City and County (if required) to document the proposed methodology for grading activity observation. Said methodology shall include the requirement for a qualified archaeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the Treatment Agreement, the archaeological monitor's authority to stop and redirect grading shall be exercised in consultation with the Pechanga Band of Luiseño Indians in order to evaluate the significance of any archaeological resources discovered on the property. Tribal monitors from the Pechanga Band of Luiseño Indians shall be allowed to monitor all grading, excavation and groundbreaking activities, and shall also have the authority to stop and redirect grading activities in consultation with the project archaeologist. • If human remains are encountered, State Health and Safety Code Section 7050.5 shall apply and no further disturbance shall occur until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The Riverside County Coroner shall be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission (NAHC), which will determine and notify a Most PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 21 of 22 Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of discovery. The MLD shall complete the inspection and provide its recommendations pursuant to Public Resources Code 5097.98. PA 2021-43/TTM 34249R1/RDR 2022-06 PC: February 20, 2024 Conditions of Approval CC: TBD Applicant’s Initials: _____Page 22 of 22 I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on _________ . I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: