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HomeMy WebLinkAboutItem No. 12 - Tract No. 35337, Revision to Conditions of Approval No. 13012)Tract No. 35337, Revision to Conditions of Approval No. 130 Approve the revision to Conditions of Approval No. 130 to state as follows: 130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-of-way width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 142. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer. Page 1 of 3 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Jason Simpson, City Manager Prepared by:Remon Habib, City Engineer Date:October 8, 2024 Subject:Tract No. 35337, Revision to Conditions of Approval No. 130 Recommendation Approve the revision to Conditions of Approval No. 130 to state as follows: 130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-of- way width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 142. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer. Background The Spyglass Ranch Specific Plan was originally adopted on February 26, 2008. The Specific Plan allows the development of a maximum of 1,035 dwelling units consisting of a maximum of eight (8) estate residential dwelling units on 7.5 acres within the Estate Residential (0-2 du/ac) designation; 515 dwelling units on 115.6 acres within the Single-Family Residential (4-8 du/ac) designation, 222 dwelling units on 18.6 acres within the Courtyard Homes (8-15 du/ac) designation and 290 dwelling units on 14.5 acres of the Multi-Family Residential (15-20 du/ac) designation. The Specific Plan also includes a 6.5-acre park site, 85.8 acres of open space and 11.1 acres devoted to major circulation. On June 28, 2016, City Council adopted a resolution to approve a six-year extension of Tentative Tract Map (TTM) No. 35337. TTM No. 35337 allows for the subdivision of 258.83 gross acres into 444 single-family residential lots, eight (8) estate residential lots, two (2) courtyard home lots, one TR 35337 COA Page 2 of 3 (1) multi-family residential or commercial lot, one (1) park lot and twenty-three (23) open space lots. On July 26, 2022, City Council approve Final Tract Maps No. 35337-1 and 35337-2, which are the first two (2) phases of the five (5) phases within the Spyglass Ranch Specific Plan. Recordation of Tract Map No. 35337-1 and 35337-2 extends the expiration of Tentative Tract Map No. 35337 by 48 months pursuant to Subdivision Map Act 66452.6. Discussion On September 12, 2024, Spyglass Ranch (Riverside) ASLI V, LLLP sent a letter requesting a revision to Condition No. 130 to be revised for clarification. The original condition reads as follows: 130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-of- way width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. Concerning the full-street improvements on Camino Del Norte from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, the City shall impose upon the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvement costs if applicant constructs the full street improvements. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 136 142. If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte, and the applicant shall provide to the City proof of reimbursement to the constructing party for the applicant’s fair share of the costs to construct the full street improvements prior to issuance of a grading permit. The cross section of roadway improvements with a raised median (if applicable and if applicable, applicant shall pay cash-in- lieu of construction of ½ the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer. Through the City’s CIP program, Camino Del Norte was constructed to two full lanes between Main Street and Canyon Estates Drive. The Spyglass project will be responsible to construct ultimate street improvements for Camino Del Norte. Staff believes the revision to the condition will provide clarification and continuity of Conditions of Approval, and prevent any conflict with the neighboring tract development TTM No. 31593 Southshore. Fiscal Impact There is no direct fiscal impact to the recommendations for this item. TR 35337 COA Page 3 of 3 Attachments Attachment 1 – Spyglass Ranch Revised COA Request Attachment 2 – Revised Conditions of Approval Engineering SPYGLASS RANCH (RIVERSIDE) ASLI V, LLLP 923 N Pennsylvania Ave. Winter Park, FL 32789 September 11, 2024 Mr. Remon Habib CITY OF LAKE ELSINORE 130 S Main Street Lake Elsinore, California 92530 RE: TRACT 35337 (SPYGLASS RANCH) – REQUEST FOR CONDITIONS OF APPROVAL AMENDMENT Dear Mr. Habib, Mr. Habib, Per our discussion, we would like to request a formal change to the conditions of approval for our Spyglass Ranch (Tract 35337) project. Specifically, we want to amend condition of approval number 130 (EOT COA), which requires “the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvements costs if applicant constructs the full street improvements.” In addition, “If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte.” Condition of approval number 130 (original 122) was written prior to South Shore and Spyglass (“Developers”) entering into a formal joint development and contribution agreement (“JDA”). A JDA has been executed, which covers the Developers respective obligations. Furthermore, Camino Del Norte (including the Main Street Intersection) has received significant improvements. The following is our recommended amendment to condition of approval number 130. 130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-of-way width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. Concerning the full-street improvements on Camino Del Norte from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, the City shall impose upon the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvements costs if applicant constructs the full street improvements. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 142. If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte, and the applicant shall provide to the City proof of reimbursement to the constructing party for the subdivider's applicant’s fair share of the costs to construct the full street improvements prior to issuance of a grading permit. The cross section of roadway improvements with a raised median (if applicable and if applicable, applicant shall pay cash-in-lieu of construction of ½ the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer. Please do not hesitate to contact us with any questions or requests. Sincerely, SPYGLASS RANCH (RIVERSIDE) ASLI V, LLLP, a Delaware limited liability limited partnership By: Spyglass Ranch (Riverside) GP, LLC, a Delaware limited liability company, its general partner By: Avanti Properties Group II, L.L.L.P., a Delaware limited liability limited partnership, its sole member and manager By: Avanti Management Corporation, a Florida corporation, its general partner By: Andrew Dubill, Executive Vice President CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 1 of 35 City Council Approved October 8, 2024 GENERAL 1. The proposed project (Tentative Tract Map No. 35337) proposes the subdivision of 258.83 gross acres (APN 377-250-011, 377-260-004, 005 and 006, 377-350- 004, 007, 008, 010, 014, 015, 016, and 017) into four-hundred fifty-one (451) single-family residential lots, eight (8) estate residential lots, two (2) courtyard home lots, one (1) multi-family residential or commercial lot, one (1) park lot and twenty-three (23) open space lots. The proposed project is located northeast of Interstate 15 at Main Street, on the east side of Camino Del Norte; within the Spyglass Specific Plan. 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents 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 concerning the Tentative Tract No. 36567. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its officials, officers, employees, agents, and consultants (collectively referred to individually and collectively as "Indemnities") from any claim, action, or proceeding to attack, set aside, void, or annul an approval by Indemnitees concerning approval, implementation and construction of the Spyglass Ranch Specific Plan, including the approval, extension or modification of TTM 35337 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 Indemnities and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnities 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. 4. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Determination. The check shall be CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 2 of 35 City Council Approved October 8, 2024 submitted to the Planning Division for processing within 48 hours of the project’s approval. 5. 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. 6. Applicant shall pay all applicable Mitigation and Development Impact Fees at the prevalent rate at time of payment in full. Mitigation and Development Impact Fees include without limitation, Library Mitigation Fees, Park Capital Improvement Fees, Storm Drain Improvement and Drainage District Fees, TIF, TUMF, City Hall and Public Works Facilities Fees, Community Center Facilities Fees, Lakeside Facilities Fees, Animal Shelter Facilities Fees, Fire Facilities Fees, MSHCP, Stephen’s Kangaroo Rat Habitat will be assessed. 7. These conditions of approval replace and supersede the conditions of approval for the Tentative Tract Map No. 35337 that were approved by the City Council on July 27, 2010 and amended on April 14, 2015. PLANNING DIVISION 8. Tentative Tract Map No. 35337 will expire six (6) years from July 27, 2016 unless within that period of time a final map has been filed. 9. Tentative Tract Map No. 35337 shall comply with the State of California Subdivision Map Act and the Spyglass Ranch Specific Plan. In addition, the map shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 10. The applicant shall defend, (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and/or Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents concerning the project attached hereto. 11. The City intends to file a Notice of Determination with the Riverside County Clerk’s office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $64.00 to pay for CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 3 of 35 City Council Approved October 8, 2024 the cost of such filing, in accordance with filing fees. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 12. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. 13. This project and all subsequent projects within the Spyglass Ranch Specific Plan boundary shall comply with the mitigation measures and the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with Environmental Impact Report No. 2008-07 for Spyglass Ranch Specific Plan, unless superseded by these Conditions. 14. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 15. The applicant shall provide a Spyglass Specific Plan Amendment No. 1 Executive Summary listing all the changes that have been made with this approval. This shall include exhibits to clarify all changes. This document shall be submitted to the Planning Division for review and approval prior to approval of any final map including Tentative Parcel Map No. 35336 and Tentative Tract Map 35337. The Spyglass Ranch Specific Plan document shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council as set forth in the Conditions of Approval for Amendment No. 1 to the Spyglass Ranch Specific Plan. A complete Final Spyglass Ranch Specific Plan document, which includes the entire specific plan, shall be submitted for review and approval by the Community Development Director or designee within 45 days of approval by the City Council. No permit shall be issued until the Spyglass Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. Air Quality 16. The following measures are required to reduce project impacts relating to ROG, NOX, PM10 and PM2.5: Limit the simultaneous disturbance area to as small an area as practical. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 4 of 35 City Council Approved October 8, 2024 Terminate soil disturbance when winds exceed 25 mph. Stabilize previously disturbed areas if subsequent construction is delayed. Water exposed surfaces and unpaved haul routes at least three times daily. Cover all stockpiles with tarps when left unattended for more than 72 hours. Reduce speed on unpaved roads and haul routes to less than 15 mph. Require 90-day low NOX tune-ups for off-road equipment. Limit allowable idling to 5 minutes for trucks and heavy equipment. Require use of Tier 3-rated engines for scrapers and dozers used in grading. Require installation of soot filters on all diesel equipment > 100 horsepower. Encourage car pooling for construction workers. Limit lane closures to off-peak travel periods. Park construction vehicles off traveled roadways. Wet down or cover dirt hauled off-site. Wash or sweep access points daily. Encourage receipt of construction materials during non-peak traffic hours. Sandbag construction sites for erosion control. (MM) 17. As operation-related impacts result primarily from mobile sources traveling to and from the project site, the proposed project shall incorporate any available TCM’s. Such measures include, but are not limited to: CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 5 of 35 City Council Approved October 8, 2024 Providing future transit access points within the development; Including bicycle lanes in the project design; and/or Providing an attractive pedestrian environment. (MM) 18. This map must comply with the Development Standards and Design Guidelines approved with the Spyglass Ranch Specific Plan. Construction of the property is subject to all the Conditions of Approval of the Specific Plan unless superseded by these conditions. a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the Specific Plan, and shall be in substantial conformance with the approved Tentative Tract Map. b. Where the Specific Plan is silent, Title 16 and 17 of the Lake Elsinore Municipal Code shall apply. 19. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the tentative map approval by the City Council. 20. The Developer shall disclose to all home buyers within a 300-foot radius of the boundaries of the proposed park site (Lot 468) that specific recreational facilities within the park may include the installation and operation of illumination devices. 21. Landscaping improvements shall be designed for and installed along private Street “JJ” in accordance with Spyglass Ranch Specific Plan Landscape Design Guidelines, Section 3. Said landscaping shall be maintained by the Homeowners Association (HOA) associated with Street “JJ”. 22. Trail directional signage shall be installed at both ends of private Street “JJ” to assist trail users. Sign fabrication, installation and maintenance shall be undertaken by the Homeowners Association. The specific design and locations for the signage shall be reviewed and approved by the Director of Community Development. Prior to Recordation of Final Tract Map: CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 6 of 35 City Council Approved October 8, 2024 23. The applicant shall comply with the attached Riverside County Fire Department conditions of approval. 24. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 25. The applicant shall submit signed letters of authorization from affected abutting property owners in association with the proposed offsite street connections and improvements and offsite grading. 26. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 27. All of the improvements shall be designed by the developer’s Civil Engineer to the specifications of the City of Lake Elsinore. 28. The applicant shall initiate and complete the formation of a homeowners’ association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and the City Attorney’s office, and shall be recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC&Rs). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or coordinate with an appropriate agency approved by the Community Development Director, for such maintenance. a. In the event that the Homeowners’ Association fails to meet its responsibilities with regard to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service. b. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. c. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. d. CC&Rs shall provide for maintenance of all slopes within the project boundaries to be maintained, repaired, and otherwise cared for by the HOA. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 7 of 35 City Council Approved October 8, 2024 e. CC&Rs shall provide for City review and approval of any annexation or deannexation of territory into or out of the HOA. f. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA. g. The City shall be made an express third party beneficiary to the CC&Rs such that the City has the right, but not the obligation, to enforce the CC&Rs in the event that the HOA fails to do so. h. CC&R’s shall provide for the long term maintenance of private street “JJ” and associated streetscape landscaping. 29. All open space lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 30. The Final Map shall identify all street side yards and down slopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These areas shall be fully landscaped, irrigated and maintained by the HOA. 31. All trails shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 32. Offsite trail connection points shall be established at such time that offsite street or trail improvements are constructed. The trail connection points shall remain open and passable for the public and shall be so noted on the Final Map. Prior to Issuance of Grading and Building Permits: Air Quality 33. Upgraded filters on the ventilation system shall be installed for homes within 500 feet of the nearest I-15 travel lane. (MM) Hazards & Hazardous Materials 34. Prior to issuance of the site grading permit, the applicant or developer shall finance CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 8 of 35 City Council Approved October 8, 2024 the installation of up to eleven multi-level landfill gas detection probes at intervals of 100 feet, along the northerly and northwesterly edge of the landfill property to comply with CCR Title 27 and SCAQMD Rule 1150.1. The applicant or developer shall coordinate with Riverside County Waste Management Department (RCWMD), regarding the exact location of these landfill gas detection probes. RCWMD shall be responsible for building the probes and for conducting periodic monitoring and maintenance of the permanently installed monitoring probes. (MM) 35. All debris shall be disposed of off-site, in accordance with current local, state and federal disposal regulations. When debris is removed, care shall be taken to look for potential hidden hazardous materials within the piles. Should hazardous materials be identified, disposal shall be in accordance with all federal and state regulations. (MM) 36. Prior to any demolition, renovation or any other activity that may disturb suspect regulated asbestos containing materials, either an inspection shall be performed by an accredited Building Inspector, or the affected materials shall be handled as asbestos-containing in accordance with all federal and state requirements. If future sampling identifies any such materials as asbestos containing materials they shall be properly abated and disposed of by a state-licensed abatement contractor prior to disturbance or demolition in accordance with all federal and state requirements, including the California Code of Regulation (CCR) and the Universal Waste Rule (40 CFR Part 9). (MM) 37. Prior to any activity that may cause lead exposure either to workers or tenants; lead based paint sampling shall be performed in accordance with all federal and state requirements. Should future renovation, repair or demolition disturb and suspect paint, a lead based paint inspection and/or risk assessment shall be conducted by a state or federally certified lead based paint inspector/assessor to identify areas of potential tenant or worker exposure in accordance with all federal and state requirements. Should any lead based paint be identified, such painted surfaces shall be properly disposed of as appropriate prior to demolition, following the requirements included in the CCR and the Universal Waste Rule. (MM) Noise Impacts 38. Single-family residential units abutting Elsinore Hills Drive (Planning Areas 4-6, 9, 11 and 12) shall either establish a buffer (be sited outside of the 98 foot contour), an acoustical barrier (wall or berm of 6 feet in height), or a combination thereof to CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 9 of 35 City Council Approved October 8, 2024 meet the City Noise Element 65 dBA Ldn exterior noise level threshold for residential units. The acoustic barrier/earthen berm should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM). 39. Residential units in Planning Area 1 adjacent to I-15 and Camino Del Norte shall require a 12-foot acoustic barrier/earthen berm to meet the 65 dBA Ldn exterior noise threshold. Along the westernmost perimeter of Planning Area 1, the acoustic barrier/earthen berm shall be designed to taper, from 12-feet to 8-feet, to shield residential units with a direct line-of-sight to I-15. At the southeast corner of Planning Area 1, the acoustic barrier/earthen berm shall also be designed to taper from 12-feet to 6-feet, to shield those residential units nearest Camino Del Norte from traffic noise. The acoustic barriers/earthen berms should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM) 40. Residential units in Planning Area 5 and 6 adjacent to I-15 and Camino Del Norte shall require a 10-foot acoustic barrier/earthen berm to meet the 65 dBA Ldn exterior noise threshold. Along the easternmost perimeter of Planning Area 6, the acoustic barrier/earthen berm shall be designed to taper, from 10-feet to 6-feet, to shield residential units with a direct line-of-sight to I-15. The acoustic barriers/earthen berms should be of solid construction; i.e., such as block or glass or a combination of the two, with no gaps or holes. (MM) 41. Upon completion of final grading plans, a supplemental noise assessment shall be conducted to determine if the noise attenuation methods listed in Condition of Approval Nos. 30, 31, 32 & 35 remain necessary or if other methods or design measures can be utilized based on actual grade elevations. 42. Upon completion of final grading plans, a supplemental noise assessment shall be conducted to confirm that individual or combination of barriers and setbacks have reduced exterior noise to below 65 dBA and interior noise to below 45 dBA. (MM) 43. Residential units abutting Elsinore Hills Drive (Planning Areas 4-5, 9, 11 and 12) shall require upgraded acoustic features capable of providing up to 23 dBA Ldn of mitigation for second-story residential facades with a direct line-of-sight to Elsinore Hills Drive. According to the hierarchy of structural noise mitigation listed below, these units would require standard dual-paned windows in order to meet the City’s interior noise standard. (MM) CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 10 of 35 City Council Approved October 8, 2024 Exterior to Interior Reduction Desired Mitigation Measure(s) Needed 0-10 dBA None 10-20 dBA Close windows facing roadway. Provide supplemental ventilation. 20-25 dBA Close standard dual-paned windows. Provide supplemental ventilation. 25-30 dBA Close up-graded dual-paned windows. Baffle vents and line ducts with absorbers. Provide supplemental ventilation. >30 dBA Custom upgrades (dual layer drywall, triple-paned windows, steel doors, etc.) 44. Residential units in Planning Area 1 adjacent to I-15 and Camino Del Norte shall require custom acoustic upgrades capable of providing up to 34 dBA Ldn of mitigation to meet the City’s interior residential noise threshold of 45 dBA Ldn. (MM) 45. Residential units in Planning Area 6 adjacent to I-15 and Camino Del Norte shall also require custom acoustic upgrades capable of providing up the 32 dBA Ldn of mitigation to meet the City’s interior residential noise threshold of 45 dBA Ldn. (MM) 46. A supplemental acoustic analysis shall be submitted in conjunction with the issuance of building permits for residential units adjacent to both Elsinore Hills Drive and Camino Del Norte to verify that adequate noise protection exists in perimeter residences to meet the City’s interior residential noise threshold of 45 dBA Ldn. Since the exterior tier of development will assist in shielding interior units, the above acoustic upgrades are needed only on the outermost tier or development. (MM) 47. Supplemental ventilation, in conjunction with air conditioning, shall be required in any livable space where window closure to shut out roadway noise is needed to meet interior noise standards. (MM) 48. Should Planning Area 5 and 6 be developed as commercial land uses, residential units abutting Elsinore Hills Drive shall be sited outside of the 118 foot contour. (MM) CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 11 of 35 City Council Approved October 8, 2024 49. Upon submittal of final engineering design of the commercial uses, the project shall incorporate all mitigation measures to minimize hours of operation and reduce exterior noise levels resulting from potential noise source location, such as loading docks, speakerphones, music/live entertainment, to 65 dBA Ldn from 7 a.m. to 10 p.m. These measures shall be implemented to the satisfaction of the City Engineer. (MM) Transportation and Traffic 50. On-site traffic signing/striping shall be implemented in conjunction with detailed construction plans for the project site. (MM) 51. In addition to participating in the Western Riverside TUMF program for General Plan improvements, the project shall participate in the phased construction of off- site intersection improvements through payment of established City of Lake Elsinore fees, payment of the project’s fair share traffic contribution, assessment district and/or community facilities district financing, and construction of off-site facilities under appropriate fee credit agreements. (MM) 52. Prior to the issuance of a grading permit, the project applicant shall participate in the fair share traffic contribution of the Project Study Report (PSR) for the I-15/Main Street interchange. (MM) 53. The City’s Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 54. Upon violation by the applicant of the City’s Noise Ordinance or the Condition of Approval immediately previous, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City’s Noise Ordinance and related Condition of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 55. The applicant shall install a weatherproofed 3’ X 3’ sign at the entrance to the CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 12 of 35 City Council Approved October 8, 2024 project site identifying the approved days and hours of construction activity, and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. Biological Resources 56. Prior to the issuance of a grading permit, the project applicant shall submit a Re- vegetation Plan for creation of 0.51 acre of riparian or marsh habitat. The Re- vegetation Plan shall include but not be limited to the following to ensure the establishment of the vegetation: qualitative and quantitative performance standards, map showing the re-vegetation areas, site preparation information including grading requirements type of planting materials (e.g. species ratios, source, size material, etc.), planting program, success criteria including target functions and values, and detailed cost estimate. The cost estimate shall include all phases, including but not limited to, planting, plant materials, irrigation, maintenance, monitoring and report preparation. The report shall be prepared by a qualified restoration ecologist/biologist and subject to the approval of the Community Development Director. (MM) 57. The re-vegetation shall occur on property known as the “Cloverleaf” in the southern end of Lake Elsinore or other offsite mitigation parcels acceptable to the City. If the mitigation at the Cloverleaf property is not available, 0.51 acre of mitigation shall be provided at an alternative site or mitigation bank (the mitigation bank must have creation credits available), shall be approved by the Community Development Director, and must meet the following criteria: The site shall be part of a larger block of conserved habitat, or in an area that is targeted for conservation by the MSHCP. Specific locations could include Temescal Wash, proposed Core 1 and Core C of the MSHCP, or other appropriate sites surrounding Lake Elsinore. Hydrology shall be appropriate to allow for fully functional wetland habitat for habitat restoration. For areas adjacent to Lake Elsinore, the pre-mitigation elevations shall be above 1,260 feet above mean sea level (AMSL) for areas outside of the Back Basin levee, or above 1,246 feet AMSL within the Back Basin levee to insure that the mitigation site is not considered jurisdictional habitat prior to implementation of the mitigation program. (MM) CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 13 of 35 City Council Approved October 8, 2024 58. Habitat created pursuant to the Re-vegetation Plan shall be placed within an open space easement dedicated to the City or transferred to the RCA subject to a Donation Agreement prior to or immediately following the approval of the Re- vegetation Plan. (MM) 59. The applicant shall enter in a Secured Agreement with the City of Lake Elsinore Planning Division consisting of a letter of credit, bond, or cash for implementation of the Re-vegetation Plan. (MM) 60. Prior to issuance of a grading permit and prior to approval of the Final Map (or Parcel Map) the applicant shall provide the Community Development Director with a copy of a Clean Water Act Section 404 permit issued by the U.S. Army Corps of Engineers and a copy of a Streambed Alteration Agreement issued by the California Department of Fish and Game (or evidence that no permit or agreement is required) for all project-related disturbances of any streambed. (MM) 61. Due to the presence of suitable habitat onsite for the western burrowing owl, a qualified biologist shall conduct pre-construction focused species surveys within 30-days prior to any ground disturbing activities at the project site where suitable habitat is present. If burrowing owls are determined to occupy the project site during pre-construction surveys, CDFG shall be consulted and a passive relocation program shall be undertaken to relocate owls to an area outside the impact zone. The relocation shall be conducted following accepted protocols and would occur outside of the breeding season for the burrowing owl. Existing burrows shall be destroyed once they are vacated. (MM) 62. To avoid impacts to nesting migratory birds, including raptors, the removal of potential nesting vegetation (i.e. trees, shrubs, ground cover, etc.) should be avoided during the nesting season, recognized from February 15 through August 31. If vegetation removal must occur during the nesting season, a qualified biologist shall conduct a migratory nesting bird survey to ensure that vegetation removal would not impact any active nests. Surveys must be conducted on more than three days prior to vegetation removal. If active nests are identified during nesting bird surveys, then the vegetation used for nesting shall be avoided until the nesting event has completed and the juveniles can survive independently from the nest. The biologist shall flag the occupied vegetation and should establish an adequate buffer (e.g., construction fencing) around the occupied vegetation. The size of the buffer would be based on the type of bird nesting (i.e., raptors shall be CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 14 of 35 City Council Approved October 8, 2024 afforded larger buffers). Clearing/grading shall not occur within the buffer until the nesting event has completed. (MM) 63. The project shall pay appropriate MSHCP fees for impacts to the following animal and plant species covered by the MSHCP: coastal California gnatcatcher, Southern California rufous-crowned sparrow, Belding’s orange-throated whiptail, red-diamond rattlesnake, San Diego black-tailed jackrabbit, long-spined spineflower and Payson’s jewel flower. (MM) 64. To reduce impacts to the Stephen’s kangaroo rat, the project shall pay Riverside County SKR Habitat Conservation Plan Fees of $500 per acre prior to first ground disturbance. (MM) Cultural Resources 65. Prior to issuance of grading permit(s) for the project, the applicant shall retain an archaeological monitor to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources. Any newly discovered cultural resource deposits shall be subject to a cultural resources evaluation. (MM) 66. At least 30 days prior to seeking a grading permit, the project applicant shall contact the appropriate Tribe to notify the Tribe of grading, excavation and the monitoring program, and to coordinate with the City of Lake Elsinore and the Tribe 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 Tribal 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. (MM) 67. Prior to issuance of any grading permit, the project archeologist 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 archeological monitor to be present and to have the authority to stop and redirect grading activities. In accordance with the agreement required in Condition of Approval No. 58 above, the archeological monitor’s authority to stop and redirect grading will be exercised in consultation with the appropriate Tribe in order to evaluate the significance of any archeological CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 15 of 35 City Council Approved October 8, 2024 resources discovered on the property. Tribal monitors 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 archeologist. (MM) 68. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the Riverside County Coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b) remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made. If the Riverside County Coroner determines the remains to be Native American, the Native American Heritage Commission shall be contacted within a reasonable timeframe. Subsequently, the Native American Heritage Commission shall identify the “most likely descendant.” The most likely descendant shall then make recommendations, and engage in consultations concerning the treatment of the remains as provided in Public Resources Code 5097.98. (MM) 69. The landowner shall relinquish ownership of all cultural resources, including sacred items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. (MM) 70. All sacred sites, should they be encountered within the project area, shall be avoided and preserved as the preferred mitigation, if feasible. MM) 71. If inadvertent discoveries of subsurface archaeological/cultural resources are discovered during grading, the Developer, the project archaeologist, and the appropriate Tribe shall assess the significance of such resources and shall meet and confer regarding the mitigation for such resources. If the Developer and the Tribe cannot agree on the significance or the mitigation for such resources, these issues will be presented to the Community Development Director (CDD) for decision. The CDD shall make the determination based on the provisions of the California Environmental Quality Act with respect to archaeological resources and shall take into account the religious beliefs, customs, and practices of the appropriate Tribe. Notwithstanding any other rights available under the law, the decision of the CDD shall be appealable to the City of Lake Elsinore. (MM) 72. Prior to any grading at or near the vicinity of (P-33-3278 also known as SRS-781- 2), the Developer shall meet and confer with the appropriate Tribe to develop an appropriate controlled grading plan. The purpose of the controlled grading at and CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 16 of 35 City Council Approved October 8, 2024 around the site is to afford the opportunity to determine whether any subsurface resources are associated with the site and if so, the significance of any such resources. All such controlled grading shall be monitored according to the provisions of the Agreement required in MM 4.4-2 shall apply. Further, if subsurface resources are discovered at the site, the provisions of MM 4.4-2 through 4.4-7 shall apply. (MM) 73. Any easements for grading provided to off-site developers shall be subject to the provisions of MM 4.4-2 through 4.4-8. (MM) 74. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 75. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). 76. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners’ association shall maintain water quality basins, landscaping, and open space drainage. 77. The developer shall submit plans to the electric utility company to layout the street lighting system. Decorative street light fixtures shall be utilized throughout the Specific Plan boundary as specified by the Specific Plan document. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City, consist of an LS2 or LS3 lighting system, and installed in accordance with City Standards. 78. The applicant shall meet all requirements of the providing electric utility company. 79. The applicant shall meet all requirements of the providing gas utility company. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 17 of 35 City Council Approved October 8, 2024 80. The applicant shall meet all requirements of the providing telephone utility company. 81. A bond is required guaranteeing the removal of all trailers used during construction. 82. The applicant shall comply with any/all requirements of the California Department of Transportation (Caltrans). 83. All signage shall be subject to Planning Division review and approval prior to installation. 84. Landscape Plans for the tract shall include vegetative screening of all retention basins and both sides of service roads and drainage easements. 85. All streetscape improvements including landscaping and irrigation shall be fully constructed along the entire length of the proposed project along Camino Del Norte and Elsinore Hills Drive prior to issuance of the first building permit within Phase 1 of project development as identified on the approved landscape plans. 86. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City’s Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60’) shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 87. The project shall provide primary and secondary access through all phases of development. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department. Prior to Design Review: 88. All future structural development associated with this map requires separate Design Review approval. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 18 of 35 City Council Approved October 8, 2024 89. The existing residence on the project site shall be fully rehabilitated and brought up to Code prior to sale in association with the first phase of project development. The rehabilitation of the residence shall require Design Review approval. 90. Prior to the existing residence being sold, the developer shall have a plaque prepared noting both the oral and written history associated with the residence. The plaque shall be posted permanently within close proximity to the residence and shall remain visible from the adjacent street frontage. 91. Prior to the existing residence being sold, the developer shall investigate and consider having the residence registered as a historic structure with the Riverside County Historical Commission. 92. Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived. 93. Architectural designs shall include the mitigation measures that reduce noise with mechanical ventilation and dual glazed windows as required by the MMRP. 94. All disturbed portions of natural open space areas shall be re-vegetated in accordance with applicable Specific Plan provisions and shall be maintained until established. 95. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 96. Down slopes adjacent to streets shall be maintained by the HOA. 97. A detailed fencing plan shall be required for review and approval during the Design Review process. 98. The applicant shall install walls and fencing along the perimeter of the subdivision CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 19 of 35 City Council Approved October 8, 2024 in accordance with the approved Design Guidelines for the Spyglass Ranch Specific Plan. 99. Where perimeter walls separate the project from existing residences, the walls shall be installed prior to the commencement of construction of models and production units, to minimize construction noise and dust impacts to adjacent residents as much as possible. 100. Where views to open space are important, the applicant shall provide the appropriate view fencing. 101. Plans shall include the design of noise barrier walls required as mitigation measures for the project. Appropriate landscaping shall be required to soften the visual impact of these walls. 102. A detailed construction phasing plan shall be submitted for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. 103. Primary and secondary access roads for each phase shall be fully constructed and open to the public prior to the issuance of the Certificates of Occupancy for each phase of the tract. ENGINEERING DIVISION Prior to the approval of the final Tract Map, unless other arrangement is indicated, the applicant shall complete the following or have plans submitted and approved, agreements executed and securities posted: CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 20 of 35 City Council Approved October 8, 2024 104. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 105. Prior to commencement of grading operations, applicant is to provide to the City with 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 plan shall be included as a separate sheet of the grading plan set. Haul route shall be submitted and approved prior to issuance of a grading permit. 106. Export sites within the Lake Elsinore City limits are required to have a City approved grading plan and permit prior to receiving material. 107. An Encroachment Permit shall be obtained prior to any work on City and/or State right-of-way. 108. 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. 109. All arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. All overhead utilities shall be undergrounded. 110. 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. 111. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 112. The applicant shall coordinate with Riverside Transit Authority for location and installation of bus transit facilities. 113. The applicant shall execute all permit agreements, post required permit security and pay all development fees, including but not all inclusive: TUMF, MSHCP,TIF, CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 21 of 35 City Council Approved October 8, 2024 K-Rat and Area Drainage Fees. 114. 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. 115. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 116. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ½" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 117. All slopes and landscaping within public right-of-way shall be maintained by the property owner or property owner’s association or another maintenance entity approved by the City Council. 118. 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 property owner or property owner’s association. 119. Provide Engineering Division with a recorded copy of the Covenants, Conditions and Restrictions (CC&R’s) and/or other documentation in confirmation of Condition of Approval Nos. 109, 110 & 112). 120. Applicant shall develop and activate a Home Owner’s Association over the estate lots to provide for the maintenance of the private street/sidewalk on Street “JJ” 121. All lots within the estate lots area shall take access from Street “JJ”. 122. 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. 123. 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 onsite drainage facilities; and include a capacity analysis verifying the CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 22 of 35 City Council Approved October 8, 2024 adequacy of the facilities. The drainage system shall be designed to ensure that runoff from a 10-yr storm of 6 hours or 24 hours duration under developed condition is equal or less than the runoff under existing conditions of the same storm frequency. Both 6 hour and 24hour storm duration shall be analyzed to determine the detention basin capacities necessary to accomplish the desired results. 124. 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, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 125. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 126. The applicant shall comply with all NPDES requirements in effect; including the submittal for plan check of a preliminary Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements of WQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 127. Education guidelines and Best Management Practices (BMP) shall be provide to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement “A” in the Riverside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more.) 128. The applicant shall provide BMP’s that will reduce storm water pollutants from parking areas and driveway aisles. (Required for lot of one acre or more.) 129. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of “Storm water Pollution, What You Should Know” describing preventing measures are available at City Hall. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 23 of 35 City Council Approved October 8, 2024 PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver – is strictly prohibited by local ordinances and state and federal law. 130. The applicant shall construct full-street improvements from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, half-width improvements from the Main Street/Camino Del Norte intersection to the northern boundary of the property and dedicate full right-of-way on Camino Del Norte such that the ultimate right-of-way width conforms to General Plan and Spyglass Specific Plan right-of-way cross sections. Concerning the full- street improvements on Camino Del Norte from the Main Street/Camino Del Norte intersection to the Camino Del Norte/Elsinore Hills Road intersection, the City shall impose upon the developer of the South Shore project the obligation to reimburse applicant the South Shore developer's fair share of the full street improvement costs if applicant constructs the full street improvements. In addition, the City shall provide applicant impact fee credits and reimbursements, as provided in Condition of Approval No. 136 142. If the developer of the South Shore project is issued a rough grading permit by the City, before the applicant is issued a rough grading permit by the City, then the South Shore developer shall construct the full street improvements on Camino Del Norte, and the applicant shall provide to the City proof of reimbursement to the constructing party for the applicant’s fair share of the costs to construct the full street improvements prior to issuance of a grading permit. The cross section of roadway improvements with a raised median (if applicable and if applicable, applicant shall pay cash-in-lieu of construction of ½ the raised median), parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as recommended by the City. The road improvements for Camino Del Norte shall be consistent with the Traffic Analysis (revised) dated August 18, 2009 (revised) and the General Plan Circulation Element, the Spyglass Specific Plan, and shall be built to the satisfaction of the City Engineer. 131. The applicant shall construct half-width street improvements within the map boundaries and dedicate the full right-of-way on Elsinore Hills Road per General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. The cross section of roadway improvements with a parkway, street lights, and multiuse trail shall be consistent with other proposed development on Camino Del Norte, as required by the General Plan and Spyglass Specific Plan and shall be built to the satisfaction of the City Engineer. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 24 of 35 City Council Approved October 8, 2024 132. Provide Pedestrian activated (push button) flashing beacons in advance of the trail crossing on Elsinore Hills Road. 133. All trail crossings shall be marked with a standard cross walk striping as defined in the MUTCD. 134. The applicant shall construct full width street improvements and dedicate the right of way on “A” to “D” Streets, “AA” to “HH” Streets as shown on the map and/or per design guidelines in the Specific Plan. Construction of all streets within each planning area/phase, and any required secondary access, shall be required prior to the first Certificate of Occupancy for the homes within that specific phase. 135. The applicant shall be responsible for acquiring right-of-ways in which the applicant or the City has no legal title or interest. If the applicant is unsuccessful in acquiring such right-of-ways, the City could assist the applicant in the Eminent Domain process at applicant’s cost. 136. All streets shall be constructed per adopted City Standards. Any deviation from City standards shall be approved by the City Engineer. 137. The applicant shall implement mitigation measures identified in the Traffic Analysis dated August 18, 2009, as specified in Section VIII. B (1) and (2) and Figure 84 of this Study to the satisfaction of the City Engineer. 138. The applicant shall provide fair share costs, as approved by the City Engineer, if the ultimate road improvements are not subject to TUMF or established City of Lake Elsinore fees for the ultimate road improvements as follows: a. Main Street/I15 Ultimate Interchange Upgrade and Project Study Report, Camino Del Norte(offsite) to La Strada and, Franklin Street to Main Street connection. 139. The applicant shall construct the traffic signals at Main/I-15 SB and NB on/off ramps. The City shall provide TIF or TUMF credit to the applicant. If TIF or TUMF credits are not sufficient to insure that applicant’s cost of construction of these signals do not exceed applicant’s payment of TIF or TUMF for these signals, the City shall enter into a reimbursement agreement with applicant to reimburse applicant for the difference between applicant’s cost to construct the signals minus the issued TIF and TUMF credit and the amount of TIF or TUMF payment the CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 25 of 35 City Council Approved October 8, 2024 applicant otherwise would be obligated to pay. 140. The applicant shall install a one-way stop sign on Street “B” at the Camino Del Norte/Street- “B” intersection (as shown on TTM 35337). However, if the criteria for traffic signal warrants are satisfied prior to the issuance of the final certificate of occupancy for the project, the applicant shall immediately remove the stop sign and install a traffic signal at this intersection. Otherwise, the traffic signal shall be installed and operational prior to the issuance of the final occupancy. 141. The applicant shall participate in “fair share” payment of offsite improvements if the off site improvements are not subject to TUMF or established City of Lake Elsinore fees, specified in Table 10 of the Traffic Analysis dated August 18, 2009 (revised) as specified in Section VIII. B (1) and (2) and figure 84 in this study to the satisfaction of the City Engineer. 142. The applicant shall submit street improvement plans prepared by a Registered Civil Engineer and the plans shall include curb and gutter, sidewalk, ac pavement, street lighting, median, trail, and drainage improvements. 143. The applicant shall provide signing and striping plans for the required improvements of this project. The plans shall also incorporate traffic calming measures on local streets. 144. A portion of the required improvements for this development may be covered under the Traffic Impact Fee (TIF) or Area Drainage Fee program. Request for fee credits, or reimbursement, if fee credits are insufficient, shall be approved by the City Engineer and based on allowable costs in the fee program and availability of funds. 145. This project shall provide trail and roadway connections to adjacent developments unless otherwise deemed unfeasible as concurred by the city. The trail cross section shall be per County standards unless otherwise approved by the City Engineer. 146. The development of Planning Area 1, 5, 6, 10, and 12 or shall be subject for specific review and conditions of approval. Note that with a completion of a Project Study Report of the I15/Main Street Interchange Upgrade, additional right way could be required along Camino Del Norte. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 26 of 35 City Council Approved October 8, 2024 147. The applicant shall submit a WQMP of the project for City’s review and approval. 148. The Parcel Map (TPM 35336) shall be recorded. 149. The Tract Map shall include the phasing boundaries consistent with the parcels of the Parcel Map. The phasing boundaries or parcels shall be processed as separate tract maps. Prior to Issuance of a Grading Permit 150. The applicant shall submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 151. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that could reduce sight distance. 152. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 153. An Alquist-Priolo study shall be performed as necessary on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 154. The applicant shall obtain all necessary off-site easements and/or permits for off- site grading, improvements, and/or drainage acceptance from the adjacent property owners prior to grading permit issuance 155. The applicant shall provide a copy of an encroachment permit or any approval documents from the Riverside County Flood Control District and/or Caltrans for encroaching, grading, or discharging into County flood control facilities or Caltrans right of way. 156. All grading shall be done under the supervision of a geotechnical engineer and he/she 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. 157. The applicant shall provide erosion control measures as part of their grading plan. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 27 of 35 City Council Approved October 8, 2024 The applicant shall ensure protection of storm water quality and meet the goals of the BMP in Supplement “A” in the Riverside County NPDES Drainage Area Management Plan. 158. The applicant shall provide the city with a copy of the waste water discharge identification (WDID) letter as proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 159. The applicant shall provide a SWPPP for post construction, which describes BMP’s that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 160. The applicant shall provide for City plan check approval a haul route plan as part of the grading plan set. In addition, a focused Traffic Mitigation/Management Plan related to construction activities shall be provided. 161. The applicant shall provide the City a copy of the Southern California Edison Letter of Non-Interference (SCE NIL) prior to grading permit issuance. Prior to Issuance of Building Permit 162. All Public Works requirements shall be complied with as a condition of this development and as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 163. All street improvement plans, traffic signal plans, signing and striping plans shall be completed and approved by the City Engineer per the Traffic Impact Analysis dated August 18, 2009, as specified in Section VIII.B (1) and (2) and figure 84 in this study. 161a Prior to the issuance of the first building permit in the project, the applicant shall prepare an irrevocable reciprocal access agreement assuring permanent access to “JJ” Street for Lots 436 through 442 in a form approved by the City Attorney and recorded in the official land records of Riverside County. (Added by the Planning Commission at its March 17, 2015 hearing.) CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 28 of 35 City Council Approved October 8, 2024 164. The applicant shall submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 165. The applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 166. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of onsite and/or off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 167. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 168. The traffic signals shall be installed per the Traffic Analysis (revised) dated August 18, 2009 to the satisfaction of the City Engineer. 169. All signing and striping and traffic control devices for the required improvements of this development shall be installed. 170. All public improvements shall be completed in accordance with the approved plans or as condition of this development to the satisfaction of the City Engineer. 171. The fair share cost of future improvements as a condition of this development shall be paid to include the construction of the traffic signal at the intersection of Elsinore Hills Drive and Camino Del Norte. 172. All water and sewer improvements shall be completed in accordance with Water District requirements. 173. Proof of acceptance of maintenance responsibility of slopes, open spaces, landscape areas, and drainage facilities shall be provided in the form of the recorded CR&Rs and/or other City acceptable recorded documentation. CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 29 of 35 City Council Approved October 8, 2024 174. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. 175. As-built plans shall be completed and signed by the City Engineer. 176. All improvement plans shall be digitized. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City digitizing the plans. 177. The WQMP “Water Quality Management Plan Covenant and Agreement” or other City acceptable documentation shall be executed and recorded DEPARTMENT OF ADMINISTRATIVE SERVICES 176. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special or Conditional Use Permit or Building Permit (as applicable), the applicant shall participate in the Public Safety and Maintenance Services Mello-Roos Community Facilities District (CFD) to offset the annual negative fiscal impacts of the project. Applicant shall make a four thousand two hundred ($4,200) non-refundable deposit to cover the cost of the legal process to participate in the CFD. 178. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall consent to the formation of a Community Facilities District or annex into the proposed 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. Applicant shall make a seven thousand five hundred dollar ($7,500) non- refundable deposit to cover the cost of the formation or annexation process, as applicable. The applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City in lieu of creating/annexing into a district. Contact the Administrative Services Director at 951-674-3124. 179. Prior to approval of the Final Map, Parcel Map, Site Development Plan, Special Use Permit or building permit (as applicable), the applicant may form Community Facilities District to allow for the funding of (i) public facilities and (ii) the on-going operation and maintenance of the public right-of-way landscaped areas and CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 30 of 35 City Council Approved October 8, 2024 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, open space and public storm drains constructed within the development and federal NPDES requirements (“Maintenance Services”) to offset the annual negative fiscal impacts of the project. Alternatively, if a CFD is not formed pursuant to the preceding sentence, applicant shall: (a) form a CFD solely for Maintenance Services or annex into an existing CFD for such services (e.g. Community Facilities District No. 2015-2 (Maintenance Services), or (b) 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 seven thousand five hundred dollar ($7,500) non- refundable deposit to cover the cost of the formation or annexation process, as applicable. Contact the Administrative Services Director at 951-674-3124. PARKS & RECREATION DEPARTMENT COMMUNITY SERVICES DEPARTMENT 180. If any of the following conditions of approval differ from the Specific Plan text or exhibits, the conditions enumerated herein shall take precedent. 181. The Home Owners Association (HOA) or another maintenance entity approved by the City Council shall maintain all trails. 182. The 6.5 acre public park (Lot 468) shall be conveyed to the City and shall be included in the Community Facility District for maintenance and renovation cost. 183. The developer, the developer’s successor or assignee, shall submit a Design Review Application to the Planning Division for review and approval in association with the proposed 6.5 acre public park (Lot 468). The actual design of the park shall be in substantial conformance with the conceptual designs and guidelines identified in the Spyglass Ranch Specific Plan document. 184. The following items shall be provided in the Park located on PA 7, PA 13, and PA 4 (also known as Lot 468): One (1) ball fields with backstops Two (2) bleachers Restroom (approximately 300 sq. ft.) On-site parking providing 25 to 30 spaces Three small group picnic areas with two tables and benches with gazebo CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 31 of 35 City Council Approved October 8, 2024 Three (3) barbeques Three (3) hot ash containers Eight (8) waste containers Two (2) drinking fountains Two (2) half-court basketball courts Eight (8) benches One (1) 2 to 5 year and one (1) 5 to 12 year playground with shade over the entire play area Perimeter walking trail with minimum 6 exercise stations Park Monument entry sign per City identity Standard Guide Parking lot and walkway security lighting Lockable entry gates into parking lot 185. The design of the public park (Lot 468) shall provide for pedestrian circulation and access for the disabled throughout the park. shall be in compliance with American with Disabilities Act (ADA) requirements. 186. Prior to submittal of construction plans, the developer shall meet with the Director of Community Services to determine the location and specifications of the park amenities to be provided. 187. Construction plans and specifications for the park shall be reviewed and approved by the Director of Community Services prior to approval of the final map. 188. The developer shall post security and enter into a park improvement agreement to improve the public park prior to issuance of the first building permit. 189. 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 my preclude acceptance of the park by the City. 190. The developer, the developer’s successor or assignee, shall be responsible for all maintenance of the public park site (Lot 468) and slope/landscaping areas including the 90-day maintenance period, until such time as those responsibilities are accepted by the City of Lake Elsinore. 191. The 6.5 acre public park site (Lot 468) shall be improved and dedicated then conveyed to the City free and clear of any liens, assessment fees, or easements CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 32 of 35 City Council Approved October 8, 2024 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. 192. All private parks / tot lots, common areas, and open space areas will be maintained by the HOA or other maintenance entity approved by the City. 193. No park credits will be given for private facilities or private park areas. 194. Applicant shall dedicate 6.5 net acres for a public park and pay for park improvements. 195. Park shall be turn-key completed to the satisfaction of the Community Services Director and constructed upon prior to the issuance of the 100th notice of occupancy 125th building permit. 196. HOA, or other maintenance entity approved by the City, to maintain all natural and manufactured slopes. (All Conditions of Approval amended by Staff prior to March 17, 2015 Planning Commission hearing regarding Amendment No. 1 to Tentative Tract Map No. 35337; with strikethrough text being deleted and underlined text being added.) CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 33 of 35 City Council Approved October 8, 2024 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 34 of 35 City Council Approved October 8, 2024 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 35337 WITHIN THE SPYGLASS RANCH SPECIFIC PLAN Page 35 of 35 City Council Approved October 8, 2024