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HomeMy WebLinkAbout06-23-2009 CC Item 11CITY OF r LADE LSIHOIZE DREAM EXTREME. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: JUNE 23, 2009 PROJECT: TENTATIVE PARCEL MAP NO. 36193, RESIDENTIAL DESIGN REVIEW NO. 2009-02, AND REQUEST FOR DENSITY BONUS FOR "POTTERY COURT" BACKGROUND On June 2, 2009, the Planning Commission conducted a public hearing for consideration of a tentative parcel map, residential design review and density bonus for the project known as "Pottery Court". A copy of the Planning Commission staff report, which provides a detailed discussion of the project history, the entitlement requests, and other project details, is attached hereto as Attachment No. 1 for your reference. The Planning Commission voted unanimously to recommend that the City Council approve the tentative parcel map, residential design review and density bonus for Pottery Court. The purpose of this Staff Report is to provide the Council with an explanation of comments that were received at the Planning Commission public hearing and various responses given in connection therewith. DISCUSSION Testimony and comments presented at the Planning Commission meeting ranged from the historic nature of the development, the architectural style, and circulation. Each comment and the response given are set forth below. Comment by Neighbor At the Planning Commission hearing, one neighbor spoke in opposition to the project. He complained that there were too many apartments in the area, that there were disturbances at the existing apartments, and that, although Pottery Court was beautiful, it was not historic. CC June 23, 2009 Item No. 11 Page 1 of 77 Report to City Council TPM 36193 & RDR 2009 -02 for Pottery Court June 23 2009 Page 2 Betsy Wilson, representing BRIDGE Housing Corporation, indicated that her company is a non - profit organization committed to a long -term investment in Lake Elsinore, and has successfully constructed high quality, affordable developments, and manage them as owner /operator for the past 25 years. In her testimony before the Commission, she indicated that BRIDGE's resident managers live onsite and know each of the residents. They monitor tenants and evict those that do not comply with the regulations of their rental contract, such as the number of residents living in a unit. She indicated that the rent levels at Pottery Court will attract primarily working families. She said that tenants stayed an average of four (4) years, and BRIDGE developments had a lower turn -over rate @ 10% as compared to the general market -rate apartments which typically have a 40% rate. Ms. Wilson also indicated that BRIDGE screens prospective tenants through home visits, credit checks, and employment history. Comments on Architectural Design Staff indicated that the design was reviewed and found to comply with the Historic Downtown Guidelines and its architectural standards for Area 6. The project design qualified as "Eclectic Spanish" in form, materials, and decorative details. Commissioner O'Neal requested that the applicant carry the Spanish motif higher, and Ms. Wilson agreed to work with staff to enhance the upper floors. On Monday, June 8, 2009, BRIDGE's architect provided revised building elevations, with parapet caps added to all buildings, new tile locations, and enhanced side elevations for the Pottery/Langstaff and Langstaff /Alley views of Building "C ". Comments on Circulation In her response to Commissioner Gonzales, Ms. Wilson indicated that the project was not gated, and confirmed that there was a singular entry on Sumner. Commissioner O'Neal questioned the lack of construction of a bridge across the channel on Pottery, to which the City Engineer replied that the bridge was part of the City's TIF program. Commissioner Mendoza questioned the fact that the applicant had not obtained the vacation of Riley Street prior to project approval, because he felt that without the vacation the project was not viable. He also questioned the amount of traffic onto Sumner, to which Staff noted that studies of affordable housing projects in other cities indicated that there were substantially less vehicles on site than the required parking in standard municipal zoning codes. Comments on Density Bonus and Incentives Commissioner Flores requested an explanation of certain specifics of the City's Density Bonus Ordinance, and wanted .confirmation that the proposed apartment complex qualified. Deputy City Attorney Winterswyk confirmed the applicability of the Density Bonus Ordinance to this project; the Redevelopment Manager indicated that the area CC June 23, 2009 Item No. 11 Page 2 of 77 Report to City Council TPM 36193 & RDR 2009 -02 for Pottery Court June 23 2009 Page 3 median income was $60,000, and that it was better for the City that the project was within an RDA Project Area to count towards the Agency's inclusionary housing obligations. Comments on Avoiding a Public Nuisance Chairman Zanelli requested that there be no lag time from the date that residents moved out of the existing units on the project site and the date scheduled for demolition of the structures, in order to avoid the creation of a public nuisance. He complimented BRIDGE for their long track record in the State, their low turn -over rate, and their policy to monitor tenants. FISCAL IMPACT The Redevelopment Agency's Low and Moderate Income Housing Fund commitment to this project is $4,061,000. RECOMMENDATION The Planning Commission voted unanimously in favor of the Pottery Court project, and recommended that the City Council take the following actions: 1. Approve Resolution No. 2009- , Resolution of the City Council of the City of Lake Elsinore, California, Adopting Findings that the Project is Consistent with the MSHCP. and 2. Approve Resolution No. 2009 -, Resolution of the City Council of the City of Lake Elsinore, California, Approving Tentative Parcel Map No. 36193, and 3. Approve Resolution No. 2009 -, Resolution of the City Council of the City of Lake Elsinore, California, Approving Residential Design Review No. 2009 -02 Prepared By: Tom WeinerAir) Acting Director of Community Development Approved By: Robert A. BradyQ City Manager UY CC June 23, 2009 Item No. 11 Page 3 of 77 Report to City Council TPM 36193 & RDR 2009 -02 for Pottery Court June 23 2009 Page 4 Attachments: 1. Planning Commission Staff Report for June 2, 2009 2. Exhibit 'A' - Vicinity Map 3. Resolution No. 2009 - Approving Findings of Consistency with the Multiple Species Habitat Conservation Plan. 4. Resolution No. 2009 - Approving Tentative Parcel Map No. 36193 a. Conditions of Approval b. Exhibit 'B'— Tentative Parcel Map No. 36193 c. Exhibit 'C'— Conceptual Grading Plan 5. Resolution No. 2009 - Approving Residential Design Review No. 2009 -02 a. Exhibit 'D' — Site Plan, Sheet SP -1 b. Exhibit 'E' —Project Entry Elevation, Sheet AR -3 c. Exhibit 'F' — Conceptual Landscape Plans, Sheets L1, L2, L3, L4 and L5 d. Exhibit 'G' — Unit Floor Plans, Sheets A -1 and A -2 e. Exhibit 'H' — Building Floor Plans & Elevations: • Building 'A,' Sheets AA -1 thru AA -5 • Building 'B,' Sheets AB -1 thru AB -5 • Building 'C,' Sheets AC -1 and AC -2 • Building 'D,' Sheets ADA thru AD -3 • Building 'E,' Sheets AE -1 and AE -2 • Recreation & Maintenance Buildings, Sheets ARA and AR -2 CC June 23, 2009 Item No. 11 Page 4 of 77 CITY OF LAI-E LSMORJE DREAM EXTREME. REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JUNE 2, 2009 PROJECT: TENTATIVE PARCEL MAP NO. 36193, AND RESIDENTIAL DESIGN REVIEW NO. 2009-02, FOR "POTTERY COURT" APPLICANT: BRIDGE HOUSING CORPORATION, 2202 30TH STREET, SAN DIEGO, CA 92104, ATTN: VANESSA NG, ASSISTANT PROJECT MANAGER OWNER: REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, CITY OF LAKE ELSINORE, RIVERSIDE COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, COUNTY OF RIVERSIDE Project Request The applicant requests approval to combine twenty -three (23) existing parcels into a 4.3+ acre site for the construction and long -term management of a 113 -unit residential apartment complex consisting of 111 very low income affordable housing units and two units reserved for resident managers. Pottery Court will include a central open space courtyard with tot lot, citrus garden and barbecues, a recreation facility with wading and swimming pool, a passive recreation area, and a maintenance building. Proiect Location The project site is located south of Pottery Street, east Langstaff Street, north of Sumner Avenue, and west of the flood control channel, on Assessor Parcel Nos. 374- 071-003 thru -014, -026, and -027; 374-072-018, -020, -022, -026, -028, -030, -032, -034, and -036, within Rancho Laguna Redevelopment Project Area No. 1. CC June 23, 2009 Item No. 11 Page 5 of 77 PLANNING COMMISSION STAFF REPORT TPM 36193 & RDR 2009 -02 JUNE 2, 2009 Environmental Setting "EXISTING LANDKIJSE Mu; ZONING . , `GENERAL PLAN,, Project 3 Duplexes, a 5- Bungalow R -3 High Density HD — High Density Site Court complex, & vacant Residential Residential, 24 dwelling lots units per acre North Single family residential R -3 HD South Single family residential R -3 HD East Flood control channel Not Applicable Floodwa West Single family residential R -1 Single Family MD — Medium Density, 12 Residential dwelling units per acre Proiect Background On September 4, 2007 the Redevelopment Agency of the City of Lake Elsinore ( "Agency ") issued a Request for Qualifications for a developer partner with expertise in the development and management of affordable housing. On March 25, 2008, the Agency selected BRIDGE Housing ( "BRIDGE ") as that partner. In July and August 2008, Agency staff and BRIDGE collaborated on an application for funds from HUD specifically designated for the development of affordable housing in historic downtowns such as Lake Elsinore's Historic Downtown Elsinore Overlay District. On September 23, 2008, the City was awarded a $1 Million grant from HUD through the HOPE VI Main Street program for development of the Pottery Court project. Pottery Court is located in the Redevelopment Agency's Project Area No. 1, which has an outstanding inclusionary housing obligation of approximately 144 very low, low and moderate income units and a projected inclusionary requirement of approximately 45 additional affordable units triggered by development activity in the Project Area during the past five years. Pottery Court's 111 affordable units will make substantial progress toward satisfying the inclusionary housing requirements for Project Area No. 1. It will also satisfy over 11% of the Agency's total affordable housing requirement of approximately 771 additional units projected through 2010 in the Agency's Redevelopment and Housing Implementation Plan for the 2005 -2009 reporting period. On October 28, 2008, the Agency approved a commitment of Four Million Thirty Nine Thousand and No /100 Dollars ($4,039,000) of Agency Low and Moderate Housing Funds to BRIDGE for the purpose of financing the land acquisition and other eligible project costs. On May 26, 2009, the City Council and Agency Board approved a Disposition and Development Agreement (Pottery Court) by and between the Agency and Pottery Court Housing Associates, L.P. (the "DDA "), which provides for sale of the Site and development of the project. Pursuant to the DDA, the Agency loan from its Low and Moderate Income Housing Set Aside Fund to the project increased to Four Million Sixty One Thousand and No /100 Dollars ($4,061,000). The Agency loan will be evidenced by a Promissory Note (at 3% simple interest) and secured by a Deed of Trust recorded against the Site. CC June 23, 2009 Item No. 11 Page 6 of 77 PLANNING COMMISSION STAFF REPORT TPM 36193 & RDR 2009 -02 JUNE 2, 2009 Other sources of financing for the proposed Pottery Court Project include: $440,000 from County HOME Funds, a conventional loan of approximately $2,172,000 and tax credit equity of approximately $17,000,000. In order to satisfy the Tax Credit Allocation Committee (TCAC) regulations, BRIDGE must demonstrate "site control' (as evidenced by the DDA) and other requisite conditions in its tax credit application submitted prior to the June 9, 2009 deadline. No later than August 2009, BRIDGE must demonstrate to TCAC that the intended project is viable and that all necessary entitlements have been secured. BRIDGE submitted their land use applications to the Planning Department on April 28, 2009. Staff has worked diligently with the BRIDGE development team to prepare the project for public hearing and ensure that the August deadline is met. Project Description The project consists of 113 units, with 111 affordable units and 2 resident manager units. There are eight buildings total with five of the buildings proposed at three - stories and three buildings (those facing Langstaff) providing two - stories. The units range in size from one bedroom /one bath units @ 668 ± square feet, up to three bedroom /two bath units @ 1,086 square feet. There are three different one bedroom floorplans which comprise 18% of the total units. There are four different two bedroom floorplans which comprise 42% of the total units. And, there are three different three bedroom floorplans which comprise 40% of the total units. The project offers both private open space and common open space, including a large central courtyard that provides the following amenities: playground equipment, raised garden planters, citrus grove, barbecues, walkways, seatwalls, and outdoor furniture. There is also a passive recreation area, with wood trellis and outdoor furniture. The recreation facility includes a wading pool, swimming pool, pergola, community room, study room, practice room and kitchen, as well as a leasing office. BRIDGE management intends to offer nutrition classes, first aid, and job readiness programs as part of their innovative, "solutions" approach to meeting community needs. As in their other sites, any resident is eligible to apply for the BRIDGE competitive Stein Educational Assistance Scholarship awarded each year, enabling a BRIDGE resident to attend college. Analysis Tentative Parcel Map No. 36193 Property Ownerships The applicant submitted Tentative Parcel Map No. 36193 (TPM) as the vehicle to combine the twenty -three (23) individual parcels that are to be assembled for the project site. Of the 23 parcels, the City and /or the Agency own 19 parcels. The Agency is CC June 23, 2009 Item No. 11 Page 7 of 77 PLANNING COMMISSION STAFF REPORT TPM 36193 & RDR 2009 -02 JUNE 2, 2009 under contract with the Riverside County Flood Control & Water Conservation District to purchase three of the lots on the west side of the channel which are currently owned by Riverside County Flood Control & Water Conservation District. The remaining lot is a Tax Defaulted Parcel which the Agency is seeking to acquire. The Agency will ensure that all parcels have been assembled before construction commences. In the highly unlikely event that any of the four outstanding parcels are not acquired by the Agency, the project is conditioned to redesign and revise the site plan to accommodate the loss of acreage. Riley Street Vacation The applicant intends to file a request for vacation of Riley Street between Pottery and Sumner. Staff, including the City Traffic Engineer, supports the vacation of Riley Street between Pottery and Sumner. This proposed street vacation will be processed in the near future and will be subject to the discretionary review and approval of the City Council. In the event that the City Council exercises its discretion not to approve the vacation of Riley Street, the applicant will be required to redesign the site plan for the project. That revised site plan must be reviewed and approved by the Community Development Director or his designee. Residential Design Review No. 2009 -02 Project Entry The applicant worked with Staff to achieve an impressive entry statement, bringing the architecturally enhanced maintenance building closer to the street, providing a decorative entry marker and planter wall with project signage. Buildina Elevations & Materials The project proposes Spanish style architecture with arched entrances, wood lattices, sand finish stucco, recessed windows and tile accents. Staff worked with the applicant to achieve the same presentation in the maintenance building and the recreation facility. Although both of these structures are single -story, the maintenance building is at the main entry, and the rear of the recreation building faces the channel and is visible from development likely to occur along Main Street, within the new Downtown Master Plan. Incorporation of the same building elements on the maintenance building and recreation facility tie together the entire project aesthetically. Building Separation The residential buildings are fully sprinklered. All buildings meet the separation requirements of the LEMC. Garages, trash enclosures, the maintenance building and recreation building, which are accessory structures, are not subject to the separation requirement. Staff has determined that Building "D" is a three -story structure measured CC June 23, 2009 Item No. 11 Page 8 of 77 PLANNING COMMISSION STAFF REPORT TPM 36193 & RDR 2009 -02 JUNE 2, 2009 from grade to the top of the parapet for each section of the building, and therefore, complies with building separation requirements of the LEMC. Density Bonus and Incentives Lake Elsinore has an adopted Density Bonus ordinance, which is codified in Chapter 17.58 of the LEMC. Section 17.58.030 provides that: "The City shall grant a density bonus and at least one additional incentive as set forth in LEMC 17.58.040 and 17.58.045... , to a project applicant of a housing development who applies for and agrees to provide any of the following: 2. At least five percent of the units (excluding density bonus units) as restricted units restricted to occupancy by very low income households The amount of the density bonus granted depends on the nature of the units that the developer is constructing. According to Section 17.58.020, if the developer is constructing housing available to very low income households, the amount of the density bonus shall be: "At least 20 percent over the permitted maximum residential density for projects containing units restricted to occupancy by very low income households. The percentage of density bonus granted shall increase by two and one -half percent for every one percent above five percent (the threshold percentage of units required by LEMC 17.58.030 (A)(2), up to a maximum density bonus of 35 percent over the maximum residential density" BRIDGE has requested a density bonus. According to LEMC 17.58.030, BRIDGE qualifies for the density bonus because Pottery Court provides at least five percent of the units restricted to occupancy by very low income households. In fact, Pottery Court will provide 111 units restricted to occupancy by very low income households. Therefore, the amount of density bonus for which BRIDGE qualifies is the maximum 35 percent pursuant to LEMC 17.58.020, which would be an additional 8.4 units per acre or 32.4 units per acre total. Given site constraints, BRIDGE does not need to take advantage of the full density bonus. Instead, BRIDGE only requests a density bonus of an additional 2 units per acre. The site plan includes 113 units on 4.3± acres, which translates into 26 units per acre. Pursuant to state law and the LEMC, if the qualified housing development will produce more than five percent of units restricted to occupancy of very low income households, the City shall grant the developer additional incentives. The number of additional CC June 23, 2009 Item No. 11 Page 9 of 77 PLANNING COMMISSION STAFF REPORT TPM 36193 & RDR 2009 -02 JUNE 2, 2009 incentives granted depends on the percentage increase over the minimum requirement that must be met to receive the density bonus in the first place. According to 17.58.040, the developer shall receive: "Three additional incentives for projects that include at least ...15 percent of the total units (excluding density bonus units) for very low income households" Here, as mentioned above, Pottery Court will include 111 units restricted to very low income occupants. Of those 111 units, 103 of the units are permitted as of right by the zoning and land use designations. Because of the project's very low income affordability restrictions, Pottery Court qualifies for three additional incentives. BRIDGE has requested 3 incentives. The incentives for which Pottery Court qualifies are: 1) the use of tandem parking stalls, 2) deviation from standard building heights, and 3) a reduction in the average 20 -foot setback requirements. Tandem Parking Spaces Generally, the LEMC does not permit tandem parking. However, according to the Density Bonus ordinance, tandem parking is available if the developer qualifies for a density bonus and an incentive. As explained above, Pottery Court qualifies for a density bonus and 3 incentives. Staff supports the tandem parking arrangement so long as the tandem spaces are assigned to the same unit as the garage space that it fronts. A condition of approval to this effect has been incorporated. With the tandem spaces, the project meets the minimum parking requirements of the LEMC. BRIDGE has successfully utilized this type of tandem parking design in other projects. Parking studies by other agencies on affordable housing projects have shown that few complexes fully utilize the parking spaces required by standard municipal zoning codes. In fact, one jurisdiction recommended that parking requirements for rent - restricted affordable housing projects should be reduced by as much as 75 %, and the tandem parking option should be extended to all projects serving those households at 60% AMI or lower income. Building Heights The LEMC allows for a maximum 30 -foot height for structures in the R -3 zone. However, according to the Density Bonus ordinance, when a developer qualifies for a density bonus, one of the incentives offered to the developer is relief from the maximum building height set forth in the LEMC for that particular zoning district. Pottery Court qualifies for the building height incentive. The Pottery Court apartment building heights exceed the 30 -foot maximum by no more than four feet. The rooflines are so varied, and with the breakup of walls, the structures remain attractive and non - obtrusive. Staff CC June 23, 2009 Item No. 11 Page 10 of 77 PLANNING COMMISSION STAFF REPORT TPM 36193 & RDR 2009 -02 JUNE 2, 2009 believes that the impact of the three to four foot increase in building height is minimal Setbacks The LEMC requires an average 20 -foot setback along fronts of buildings. However, according to the Density Bonus ordinance, when a developer qualifies for a density bonus, one of the incentives offered to the developer is relief from the setback requirements set forth in the LEMC for that particular zoning district. Pottery Court qualifies for the setback incentive. The applicant requests relief from this requirement in order to provide the large common open space courtyard in the center of the project, and to engage the buildings closer to the street. Staff supports this request, noting that the project does meet the minimum 15 -foot setback requirement. Environmental Determination CEQA The Project is categorically exempt from the California Environmental Quality Act (Ca. Pub. Res. Code sections 21000 et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 Cal. Code Regs. Sections 15000 et seq.: "CEQA Guidelines ") pursuant to a Class 32 categorical exemption for in -fill development projects. The Project qualifies for such an exemption because: 1. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 2. The Project will occur within the City limits on a project site that is less than five (5) acres and the site is substantially surrounded by urban uses. 3. The Project site currently consists of eleven (11) single family residential dwelling units, parking, and vacant land and has no value as habitat for endangered, rare or threatened species. Moreover, as indicated in that certain Habitat Assessment Report for the Proposed Pottery Court Project Site dated for identification purposes as of March 16, 2009, the Project is not located within an MSHCP criteria cell and is consistent with the MSHCP Section 6 Plan Wide Requirements. No suitable habitat occurs on site and therefore no focused surveys are required. 4. Pursuant to that certain Traffic, Air Quality and Noise Analysis prepared by the Planning Center for the Pottery Court project dated for identification purposes as of April 2009, approval of the Project will not result in significant effects relating to traffic, noise or air. Furthermore, pursuant to that certain Water Quality Management Plan prepared for Pottery Court by SB &O, Inc. dated for identification purposes as of April 27, 2009, the approval of the Project will not result in any significant effects relating to water quality. Finally, pursuant to that CC June 23, 2009 Item No. 11 Page 11 of 77 PLANNING COMMISSION STAFF REPORT TPM 36193 & RDR 2009 -02 JUNE 2, 2009 certain Phase I Cultural Resources Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, and that certain Pre - Construction Paleontological Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, approval of the Project will not result in any significant effects relating to cultural or archeological resources on the Pottery Court site. 5. The Project Site can be adequately served by all required utilities and public services. MSHCP As indicated in that certain Habitat Assessment Report for the Proposed Pottery Court Project Site dated for identification purposes as of March 16, 2009, the Project is-not located within an MSHCP criteria cell and is consistent with the MSHCP Section 6 Plan Wide Requirements. Notice of Exemption Appropriate findings were made and Staff recommends that the Planning Commission determine that a Notice of Exemption for Tentative Parcel Map No. 36193 and Residential Design Review No. 2009 -02 should be approved by the City Council. Recommendation Staff recommends that the Planning Commission: 1. Adopt a resolution recommending approval of Findings that the Project is Consistent with the MSHCP, and 2. Adopt a resolution recommending approval of Tentative Parcel Map No. 36193, and 3. Adopt a resolution approving Residential Design Review No. 2009 -02 Prepared By: Carole K. Donahoe, AICP Planning Consultant Approved By: Tom Weiner Acting Director of Community Development CC June 23, 2009 Item No. 11 Page 12 of 77 CITY OF DREAM EXTREME. MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Tom Weiner, Acting Director of Community Development DATE: June 2, 2009 SUBJECT: Administrative Services Request to Add a Condition of Approval — LLMD & CFD , and Engineering Request to Modify Condition of Approval No. 66 — Alley Construction The Department of Administrative Services requests that the following condition of approval be added to Page 14 (Page 34 of 74 in the Commission Agenda Packet): Prior to the issuance of a building permit, the development shall be annexed into the City of Lake Elsinore lighting and landscape maintenance and public safety services districts in order to mitigate the increased maintenance and service costs associated with the development. Developer shall make a non - refundable deposit of $5,000 to pay the legal costs of the annexation process. Contact the Director of Administrative Services or Dennis Anderson of Francisco & Associates for information pertaining to the annexation process. The Engineering Division requests that Condition of Approval No. 66 be modified as follows: Dedicate two feet (2') of alley right -of -way improvements), alonq the propertV frontac CC June 23, 2009 Item No. 11 Page 13 of 77 VICINITY MAP RESIDENTIAL DESIGN REVIEW 2009 -02 TENTATIVE PARCEL MAP 36193 APN 374 - 071 -003 THRU 014, 026, 027, 374 - 072 -018, 020, 022, 026, 028, 030, 032, 034, 036 .Q E CITY COUNCIL - +� 23 JUNE 2009 `W LL CC June 23, 2009 Item No. 11 Page 14 of 77 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS THAT THE PROJECT IS CONSISTENT WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) WHEREAS, Bridge Housing Corporation (the "Developer"), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 36193 and Residential Design Review No. 2009 -02 (collectively, the "Project') located north of Sumner Avenue, south of Pottery, east of Langstaff, and west of the flood control channel on parcels commonly identifiable as Assessor's Parcel Nos. 374 - 071 -003 through -014, -026, -027, 374 - 072 -018, -020, -022, -026, -028, -030, -032, -034, and - 036 (the "Property "); and WHEREAS, Section 6.0 of the MSHCP requires that all projects which are proposed on land covered by an MSHCP criteria cell and which require discretionary approval by the legislative body undergo the Lake Elsinore Acquisition Process ( "LEAP ") and a Joint Project Review ( "JPR ") between the City and the Regional Conservation Authority ('RCA ") prior to public review of the project applications; and WHEREAS, Section 6.0 further requires that development projects not within an MSHCP criteria cell must be analyzed pursuant to the MSHCP "Plan Wide Requirements "; and WHEREAS, the Project is discretionary in nature and requires review and approval by the Planning Commission and /or City Council; and WHEREAS, the Project is not within an MSHCP Criteria Cell, Core or Linkage, but are within the Elsinore Plan Area of the MSHCP, and therefore, the Project was reviewed pursuant to the MSHCP "Plan Wide Requirements'; and WHEREAS, Section 6.0 of the MSHCP requires that the City adopt consistency findings prior to approving any discretionary project entitlements for development of property that is subject to the MSHCP; and WHEREAS, the Planning Commission has been delegated with the responsibility of making recommendations to the City Council regarding the consistency of discretionary project entitlements with the MSHCP; and WHEREAS, the Planning Commission recommended to the City Council that the discretionary project entitlements for Pottery Court are consistent with the MSHCP; and WHEREAS, public notice of the Project has been given, and the City Council has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 23, 2009. CC June 23, 2009 Item No. 11 Page 15 of 77 CITY COUNCIL RESOLUTION NO. 2009- PAGE 2 OF 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the proposed application and its consistency with the MSHCP prior to making a decision to adopt findings that the Project is consistent with the MSHCP. SECTION 2. That in accordance with the Lake Elsinore Municipal Code and the MSHCP, the City Council makes the following findings: 1. The proposed project is a project under the City's MSHCP Resolution, and the City must make an MSHCP Consistency finding before approval. The Property is not located within an MSHCP Criteria Cell. However, the Property is within the Elsinore Plan Area and as such, the Project must be reviewed for consistency with the MSHCP "Plan Wide Requirements," including Section 6.1.2 Riparian /Riverine Areas and Vernal Pool Guidelines. 2. The proposed project is subject to the City's LEAP and the County's Joint Project Review processes. As stated above, the Property is not located within an MSHCP Criteria Cell and therefore the Project was not reviewed through the LEAP or Joint Project Review processes. 3. The proposed project is consistent with the Riparian /Riverine Areas and Vernal Pools Guidelines. According to that certain Habitat Assessment Report prepared by Thomas Leslie Corporation, the March 9, 2009 field survey revealed that no Riparian /Riverine Areas or Vernal Pool habitat exist on the Property. It was determined that there is no potential for vernal pool or vernal pool species to occur on the Property. Therefore, the Project is consistent with the Riparian /Riverine Areas and Vernal Pool Guidelines set forth in Section 6.1.2 of the MSHCP. No Section 6.1.2 investigations are necessary. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. As documented by the Conservation Summary Report, the Property is located outside of the Narrow Endemic Plan Species (NEPS) Survey Area. Therefore, no NEPS habitat assessment surveys are required. The Project is consistent with Section 6.1.3 of the MSHCP and no further action regarding this section of the MSHCP is required. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. CC June 23, 2009 Item No. 11 Page 16 of 77 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 3 OF 5 According to the Conservation Summary Reports, the Property is located outside of any MSHCP Criteria Area Species, Burrowing Owl, Amphibian Species or Mammal Species Survey Areas. Therefore, no additional habitat assessment surveys are required by the MSHCP and, consequently, the Project is consistent with Section 6.3.2 of the MSHCP. No further action regarding this section of the MSHCP is required. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. The Property is located outside of, and 3,300 t feet away from, any MSHCP Conservation Area or Fish and Wildlife Service Additional Reserve Lands. The eastern boundary of the Property, however, abuts the flood control channel which constitutes Public Quasi- Public Lands. According to that certain Habitat Assessment Report prepared by Thomas Leslie Corporation, no sensitive biological resources were identified in the portion of the channel adjacent to the eastern project site boundary. Currently, the flood control channel is fenced on both sides to prevent public access. In order to protect the integrity of the flood control channel from development of the Project, the Developer is required to comply with all Regional Water Quality Control Board rules and regulations and has prepared a Water Quality Management Plan. Therefore, the Project is consistent with Urban/Wildlands Interface Guidelines set forth in Section 6.1.4 of the MSHCP. No further action regarding this section of the MSHCP is required. 7. The proposed project is consistent with the Vegetation Mapping requirements. Thomas Leslie Corporation has mapped the Property in accordance with the requirements of Vegetation Mapping set forth in Section 6.3.1 of the MSHCP. No further action regarding this section of the MSHCP is required. 8. The proposed project is consistent with the Fuels Management Guidelines. The Property does not encompass areas that would be subject to the Fuels Management Guidelines. However, the site is adjacent to some vacant parcels that may require on -going brush abatement to reduce fire risk. The City has a program in place to address brush abatement when necessary. As such, the Fuels Management Guidelines as set forth in Section 6.4 of the MSHCP are not applicable to the Project. No further action regarding this section of the MSHCP is required. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. The developer will be required to pay the City's MSHCP Local Development Mitigation Fee. CC June 23, 2009 Item No. 11 Page 17 of 77 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 4 OF 5 10. The proposed project is consistent with the MSHCP. The Project is consistent with all applicable provisions of the MSHCP. No further actions related to the MSHCP are required. SECTION 3. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore adopt findings that the Project is consistent with the MSHCP. SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED this 23rd day of June 2009. ATTEST: Debora Thomsen, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney Robert E. Magee, Mayor CC June 23, 2009 Item No. 11 Page 18 of 77 CITY COUNCIL RESOLUTION NO. 2009 - PAGE 5 OF 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 23rd day of June 2009, and that the same was adopted by the following vote: AYES: NOES: I_10kY ABSTAIN: DEBORA THOMSEN CITY CLERK CC June 23, 2009 Item No. 11 Page 19 of 77 RESOLUTION NO. 2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING. TENTATIVE PARCEL MAP NO. 36193 FOR POTTERY COURT WHEREAS, Bridge Housing Corporation (the "Developer'), filed an application with the City of Lake Elsinore requesting approval of Tentative Parcel Map No. 36193 ( "the Map "), in conjunction with the improvements proposed for construction and management under Residential Design Review No. 2009 -02 (the "Design "), which Map and Design are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Map in order to merge 23 lots into a 4.3+ acre site located north of Sumner Avenue, south of Pottery, east of Langstaff, and west of the flood control channel, and known as Assessor's Parcel Nos. 374 - 071 -003 thru 014, -026, and -027; 374 - 072 -018, -020, -022, -026, -028, -030, -032, -034 and - 036 (the "Site "); and WHEREAS, Tentative Parcel Map No. 36193 results in a one lot subdivision, enabling the construction of the Pottery Court apartment complex; and WHEREAS, in accordance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA "), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.: "CEQA Guidelines "), the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in -fill development projects; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and making recommendations to the City Council regarding subdivisions; and WHEREAS, on June 2, 2009, the Planning Commission considered the Map and recommended that the City. Council approve the map subject to the proposed conditions of approval; and WHEREAS, public notice of the Map has been given, and the City Council has considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 23, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered Tentative Parcel Map No. 36193 for the Pottery Court apartment complex prior to making a decision and has found it acceptable. CC June 23, 2009 Item No. 11 Page 20 of 77 CITY COUNCIL RESOLUTION NO. 2009-_ PAGE 2 OF 4 SECTION 2. The City Council hereby finds and determines that the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in -fill development projects. Specifically, the City Council finds that: 1. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 2. The Project will occur within the City limits on a project site that is less than (5) acres and the site is substantially surrounded by urban uses. 3. The Project site currently consists of eleven single family residential dwelling units, parking, and vacant land and has no value as habitat for endangered, rare or threatened species. Moreover, as indicated in that certain Habitat Assessment Report for the Proposed Pottery Court Project Site dated for identification purposes as of March 16, 2009, the Project is not located within an MSHCP criteria cell and is consistent with the MSHCP Section 6 Plan Wide Requirements. No suitable habitat occurs on site and therefore no focused surveys are required. 4. Pursuant to that certain Traffic, Air Quality and Noise Analysis prepared by the Planning Center for the Pottery Court project dated for identification purposes as of April 2009, approval of the Project will not result in significant effects relating to traffic, noise or air. Furthermore, pursuant to that certain Water Quality Management Plan prepared for Pottery Court by SB &O, Inc. dated for identification purposes as of April 27, 2009, the approval of the Project will not result in any significant effects relating to water quality. Finally, pursuant to that certain Phase I Cultural Resources Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, and that certain Pre - Construction Paleontological Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, approval of the Project will not result in any significant effects relating to cultural or archeological resources on the Pottery Court site. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with the Subdivision Map Act and the City of Lake Elsinore Municipal Code, the City Council makes the following findings in support of its approval of Tentative Parcel Map No. 36193: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the goals and objectives, policies, general land uses, and programs specified in the General Plan (Government Code Section 66473.5). CC June 23, 2009 Item No. 11 Page 21 of 77 CITY COUNCIL RESOLUTION NO. 2009- PAGE 3 OF 4 The General Plan and Zoning Map designate the site as HD — High Density Residential and R -3 — High Density Residential, respectively. The Map appropriately combines 23 lots in order for the applicant to construct and manage a 113 -unit apartment complex that is consistent with high density residential development. 2. The site of the proposed division of land is physically suitable for the density of development. in accordance with the General Plan. The General Plan calls for high density residential in this area, to serve local residents within walking distance to commercial businesses along Main Street, schools and daycare facilities within a three -block radius, and neighborhood churches. The site is generally flat and easily accessible. 3. The effects that this project are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan. During the approval of the City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. The Pottery Court project will contribute 111 affordable housing units, all of which count toward the Agency's inclusionary housing obligations and the City's Regional Housing Needs Allocation for very-low income households. 4. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. The Project is conditioned to comply with the R -3 development standards of the City's Zoning Code. Further, the site must comply with the Americans with Disabilities Act for access. These standards and conditions have been prepared and reviewed to benefit the public health, safety and welfare. 5. The design of the proposed merging of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed merging of land. All known easements or requests for access have been examined and incorporated into Tentative Parcel Map No. 36193. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to this resolution, the City Council hereby approves Tentative Parcel Map No. 36193. CC June 23, 2009 Item No. 11 Page 22 of 77 CITY COUNCIL RESOLUTION NO. 2009-_ PAGE 4 OF 4 SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED this 23rd day of June, 2009. Robert E. Magee, Mayor ATTEST: Debora Thomsen, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 23rd day of June 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC June 23, 2009 Item No. 11 Page 23 of 77 CONDITIONS OF APPROVAL Revised by Planning Commission, June 2, 2009 PLANNING DIVISION 1. The approval of Residential Design Review No. 2009 -02 will lapse and be void unless a building permit is issued within two (2) years of approval. The applicant may request an extension of time by submitting an application and required fees a minimum of one (1) month prior to the expiration date. The Director of Community Development may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. 2. Tentative Parcel Map No. 36193 will expire two (2) years from the date of approval unless within that period of time a final map has been recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. Tentative Parcel Map No. 36193 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. 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, concerning the project attached hereto. 5. The City intends to file a Notice of Exemption with the Riverside County Clerk's office on the day immediately after approval of this project by the City Council. The applicant shall forward to the Planning Division secretary, a check made payable to the Riverside County Clerk, in the amount of $64.00 to pay for the cost of such filing. This check shall be received by the secretary one (1) day before the City Council hearing date, in order to expedite this filing. Additionally, the applicant shall hand - deliver the Notice of Exemption to the Riverside County Clerk's office and receive a stamped receipt. 6. All site improvements shall be constructed as indicated on the approved site plan and building elevations or as specified by these Conditions of Approval. Any other revisions to the approved exhibits shall be subject to the review and approval of the Director of Community Development or his designee. Page 1 of 17 CC June 23, 2009 Item No. 11 Page 24 of 77 I -020, -022, -026, -028, -030, -032, -034 and -036 Revised by Planning Commission, June 2, 2009 a. In the event that the Redevelopment Agency of the City of Lake Elsinore (the "Agency ") is unable to acquire the three outstanding parcels from the Riverside County Flood Control ( "Flood Control ") and /or the Agency is unable to acquire the one Tax Defaulted Parcel, the developer shall redesign and revise the site plan to accommodate the loss of acreage associated with the elimination of those parcels from the Project. The revised site plan shall be subject to review and approval by the Director of Community Development or his designee. b. Trash enclosure locations shall be acceptable to the trash hauler that will service the site. Should relocations as shown on the approved site plan be necessary, the applicant shall notify the City and obtain the approval of the Director of Community Development. C. The Director of Community Development shall review and approve the Color & Materials Board prior to the issuance of building permits. d. The Director of Community Development shall review and approve the project exterior lighting plans prior to the issuance of building permits. Plans shall include safety lighting along walkways, in the central courtyard, at the central mailboxes, laundry facilities, and passive recreation area. Decorative project lighting shall be provided at the project entrance on Sumner, and at the apartment directory kiosk. e. An emergency access /egress gate shall be provided along Pottery Street, with a Knox box system in compliance with Riverside County Fire Department standards. 7. Applicant shall meet all American with Disabilities. Act requirements for access to buildings in the project. 8. This project lies within the boundaries of the Rancho Laguna Redevelopment Project Area No. 1 and shall satisfy the following condition: a. Two units shall be reserved for occupancy by on -site resident managers and 111 units shall be reserved for occupancy by very low income households at affordable rent within the meaning of Health Safety Code Sections 50105 and 50053 and as required pursuant to an Affordable Page 2 of 17 CC June 23, 2009 Item No. 11 Page 25 of 77 Revised by Planning Commission, June 2, 2009 Housing Regulatory Agreement between the Developer and the Redevelopment Agency of the City of Lake Elsinore to be recorded against the site. A copy of the executed Affordable Housing Regulatory Agreement shall be forwarded to the Planning Department together with true and accurate copies of any other regulatory agreement imposing affordability restrictions entered into by the Developer for financing purposes and to be recorded against the site. 9. Prior to the issuance of a building permit, pursuant to Lake Elsinore Municipal Code section 17.58.050(c), the applicant and the City shall enter into a density bonus agreement, which shall be recorded against the property as a restriction on the parcel or parcels on which the restricted units will be constructed. The density bonus agreement shall be consistent with LEMC section 17.58.060 and any other applicable requirements set forth in Chapter 17.58 of the LEMC. 10. Tandem parking spaces shall be assigned to the same unit as the garage space that it fronts. 11. The developer shall comply with Chapter 17.78 Noise Control of the LEMC. In addition, construction shall be limited to the hours of 7 a.m. to 5 p.m. Monday through Friday. No construction activity shall be allowed on Saturdays, Sundays or legal holidays. It is the developer's responsibility to ensure that contractors and subcontractors at the project site comply with this condition. 12. 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 and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be placed on the property prior to the issuance of a grading permit or building permit. 13. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval regarding hours of construction, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the city a $5,000 case 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 Conditions 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. Page 3 of 17 CC June 23, 2009 Item No. 11 Page 26 of 77 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009 -02 AND TENTATIVE PARCEL MAP NO. 36193, FOR "POTTERY COURT" ON APNS 374 - 071 -003 thru -014,-026, -027; 374 - 072 -018, -020, -022, -026, -028, -030, -032, -034 and -036 Revised by Planning Commission, June 2, 2009 14. The applicant shall provide to the Director of Community Development within thirty (30) days of map approval, a final approved version of Tentative Parcel Map No. 36193 and a final approved version of the site plan for Residential Design Review No. 2009 -02 in digitized format. 15. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of project approval by the City Council. PRIOR TO FINAL PARCEL MAP: 16. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 17. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 18. Prior to the approval of a final parcel map, the applicant shall apply for and the City Council shall consider based upon its sole and exclusive discretion whether to vacate Riley Street between Sumner and Pottery Avenue. If the City Council decides not to vacate Riley Street between Sumner and Pottery Avenue, the applicant shall redesign the site plan and submit the revised site plan to the Director of Community Development for review and approval. PRIOR TO GRADING AND BUILDING PERMITS: 19. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building Division. 20. All lots shall comply with building codes in effect at the City. 21. Should the applicant phase construction, he shall submit for review and approval by the Director of Community Development, Fire Department, Building and Engineering Divisions, a Phasing Plan which shows primary, secondary and construction access for each phase of the project. Before combustible materials are brought to the site, the applicant shall provide two points of access acceptable to the Riverside County Fire Department. Page 4 of 17 CC June 23, 2009 Item No. 11 Page 27 of 77 CONDITIONS OF APPROVAL Revised by Planninq Commission, June 2, 2009 22. Prior to the issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 23. 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. 24. The applicant shall provide connection to public sewer. Service laterals shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District ( EVMWD). No service laterals shall cross adjacent property lines unless approved by EVMWD and the City Building Division. The applicant shall comply with the requirements noted in the EVMWD letter dated May 11, 2009. 25. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. The applicant shall comply with the requirement noted in the District letter dated May 13, 2009. 26. The developer shall submit plans to the electric utility company to layout the street lighting system. 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 and installed in accordance with City Standards. 27. The applicant shall meet all requirements of the providing electric utility company. 28. The applicant shall meet all requirements of the providing gas utility company. The applicant shall comply with the requirements set forth in the Southern California Gas Company letter dated May 4, 2009. 29. The applicant shall meet all requirements of the providing telephone utility company. Page 5 of 17 CC June 23, 2009 Item No. 11 Page 28 of 77 -020, -022, -026, -028, -030, -032, -034 and -036 Revised by Planning Commission, June 2, 2009 30. A bond is required guaranteeing the removal of all trailers used during construction. 31. The applicant shall obtain approval and a building permit for the installation of any signs on the site. 32. Construction Landscape Plans and Irrigation Details for the project is required. These drawings shall be submitted to the Planning Division along with a cost estimate for review and approval by the City's Landscape Architect and the Director of Community Development or his designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. Construction Landscape Drawings shall NOT be included in plan check submittals to the Building Division. a. The applicant shall install street trees a maximum of thirty feet (30') apart, and at least twenty -four inch (24 ") box in size. b. The plans shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system shall be used to prevent excessive watering. c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d. Planters within the project site may range in width, with a minimum size of six - inches to accommodate ivy or other vines adjacent to walls. e. Self- adhering vines shall be installed on all trash enclosure walls. f. Furniture in the public areas shall be shown on construction drawings to include benches, trash containers, and bicycle racks conveniently scattered throughout the site. g. All planter boxes shall provide a minimum interior width and length of four feet. 33. 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 Page 6 of 17 CC June 23, 2009 Item No. 11 Page 29 of 77 CONDITIONS OF APPROVAL -020, -022, -026, -028, -030, -032, -034 and -036 Revised by Planning Commission, June 2, 2009 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. 34. Prior to the issuance of any grading permit, the applicant shall provide to the City proof of hiring a qualified project archaeological monitor to be present on -site during grading activities. 35. Native American tribal monitors shall be permitted to monitor all grading, excavation and ground breaking activities, at no cost to applicant, and shall also have authority to stop and redirect grading activities in the event human remains or other artifacts are unearthed. 36. If human remains are encountered during project grading, 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. 37. If unexpected discoveries of subsurface archaeological resources are discovered during grading, the Developer, the project archaeologist, and the tribal monitor shall have authority to stop and redirect grading activity. Once grading is stopped, the Developer, project archaeologist and 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 of or how to mitigate for such resources, these issues shall be presented to the Director of Community Development for decision. 38. The applicant shall relinquish ownership of all cultural resources, including sacred Page 7 of 17 CC June 23, 2009 Item No. 11 Page 30 of 77 Revised by Planning Commission, June 2, 2009 items, burial goods and all archaeological artifacts that are found on the project area to the appropriate Tribe for proper treatment and disposition. 39. A detailed wall and fencing plan shall be required for review and approval prior to construction. a. All walls visible to the public shall be constructed of stucco, slumpstone, sand, Spanish lace or smooth or flat finish stucco, or other decorative architectural materials approved by the Director of Community Development to match adjacent buildings. b. All theme walls are required to be coated with anti - graffiti paint. C. Fencing on slopes shall be tubular steel or wrought iron. d. Any tubular steel view fencing installed along public access trails shall be of industrial -grade material for safety purposes. e. Retaining walls may be limited in height to avoid a massive or imposing view. An acceptable method of compliance is to. have two or more wall systems separated by landscaping. f. The height and design of the perimeter wall along the south boundary shall be reviewed and approved by the Director of Community Development. The maximum height shall be measured from the higher ground level. The design shall discourage trespassing between properties. PRIOR TO FINAL APPROVAL 40. At least thirty (30) days before requesting a final inspection, the applicant shall execute a Faithful Performance Bond and Agreement for the proper maintenance of landscaping and irrigation systems for one year following the approval of the last certificates of occupancy. The bond shall cover ten percent (10 %) of the actual cost of labor, equipment and material as shown on the approved Cost Estimate. Page 8 of 17 CC June 23, 2009 Item No. 11 Page 31 of 77 Revised by Planning Commission, June 2, 2009 ENGINEERING DIVISION General Requirements: 41. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 42. Prior to commencement of grading operations, applicant shall provide the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 43. All grading shall be done under the supervision of a geotechnical engineer who shall certify all slopes steeper than two to one (2:1) for stability and proper erosion control. 44. An Encroachment Permit shall be obtained prior to any work on City right -of -way. 45. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Unless otherwise directed by the City Engineer, overhead utilities shall be undergrounded. The utility poles along the alley may remain above - ground, at the direction of the City Engineer. 46. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 47. Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right -of -way. 48. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by the City Engineer. 49. The applicant shall install blue dot markers at Fire Hydrant locations per Riverside Page 9 of 17 CC June 23, 2009 Item No. 11 Page 32 of 77 CONDITIONS OF APPROVAL FOR RESIDENTIAL DESIGN REVIEW NO. 2009 -02 AND -020, -022, -026, -028, -030, -032, -034 and -036 Revised by Planninq Commission, June 2, 2009 County Standards. 50. The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 51. Applicant shall pay all applicable development fees, including but not limited to: MSHCP, TIF and area drainage fees. 52. Ten (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 is exceeded drainage facilities shall be provided. 53. 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. 54. On -site drainage shall be conveyed to a public facility. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. An encroachment permit from RCFCD shall be obtained for any connection to the flood control channel. 55. All compaction reports, grade certifications, and monument certifications (with tie notes delineated on 8 '' /z' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 56. Slope maintenance along right -of -ways and open spaces shall be maintained by the project manager, a property owner's association or other maintenance mechanism approved by the City. 57. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant is encouraged to contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., may not charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of Page 10 of 17 CC June 23, 2009 Item No. 11 Page 33 of 77 Revised by Planninq Commission, June 2. 2009 tonnage by certified weigh master tickets. 58. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roof drain are encouraged to drain to a landscaped area. 59. The applicant shall revise project exhibits to eliminate references to a vacation of Sumner Avenue. The applicant shall construct landscape improvements on Sumner Avenue from Riley Street easterly to the bridge and provide maintenance by a mechanism approved by the City. 60. Applicant shall comply with all NPDES requirements in effect; including the submittal of Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 61. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 62. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. 63. 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. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, the flood control channel, or waterways - without Regional Water Quality Control Board permit or waiver— is strictly prohibited by local ordinances and state and federal law. Page 11 of 17 CC June 23, 2009 Item No. 11 Page 34 of 77 CONDITIONS OF APPROVAL Revised by Planning Commission, June 2, 2009 Prior to Approval of Final Map, unless other arrangements are made, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 64. Dedicate right -of -way and construct street improvements (part-width improvements) on Pottery Street, along the property frontage, such that the centerline to property line is 34 feet. The improvements include AC pavement, curb and gutter, sidewalk, street lighting, and signing and striping. Adequate AC transition at the project limit shall be provided. In addition, adequate drainage protection and a traffic barricade shall be provided at the end of Pottery Street. 65. Dedicate right -of -way and construct street improvements (part-width improvements) on Langstaff Street, along the property frontage, such that the centerline to property line is 34 feet. The improvements include AC pavement, curb and gutter, sidewalk, street lighting, and signing and striping. In addition, a full alley driveway with ADA compliant sidewalk connection shall be provided. 66. Dedicate two feet (2') of alley right -of -way and construct alley improvements (part- width improvements), along the property frontage. The r,,,;ts s the pai4 width The part -width improvements shall be approved by the City Engineer and the Director of Community Development. Note: The drive aisle within the project and parallel to the alley may be reduced to 28 feet as agreed upon by the Fire Department. Amended by the Planning Commission, June 2, 2009. 67. Make an offer of dedication for all public streets and easements required by these conditions or as shown on the plans. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. 68. Applicant shall submit signing and striping plans (including Sumner Avenue) and traffic control plans for the required street improvements for the project. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. These include Signs for streets within the project. 69. A California Registered Civil Engineer shall prepare the street and traffic Page 12 of 17 CC June 23, 2009 Item No. 11 Page 35 of 77 Revised by Planning Commission, June 2, 2009 improvement plans. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Prior to Issuance of a Grading Permit 70. 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. 71. The grading plan shall show that no structures, landscaping, or equipment are located near the project entrances that minimize sight distance standards. 72. Construction Project access and hauling route shall be submitted and approved by the City Engineer. 73. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 74. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 75. The applicant shall obtain all necessary off -site easements and /or permits for off - site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 76. Applicant shall provide erosion control measures as part of the grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 77. Applicant shall provide the City proof of 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. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development Page 13 of 17 CC June 23, 2009 Item No. 11 Page 36 of 77 CONDITIONS OF APPROVAL Revised by Planning Commission, June 2, 2009 including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. 78. An approved WQMP plan shall be provided. Prior to Issuance of Building Permit 79. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 80. Prior to applying for a building permit, 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. 81. Applicant shall pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). Prior to Occupancy 82. Applicant shall pay all fees and shall satisfy the requirements of an encroachment permit issued by the Engineering Division for construction of 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. 83. All compaction reports, grade certifications, and monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before scheduling and approving final inspection of off -site improvements. 84. All public improvements shall be completed in accordance with the approved plans or as conditions of development to the satisfaction of the City Engineer. 85. All required easements, dedications, and agreements required by these conditions of approval shall be completed and recorded. 86. All signing and striping and traffic control devices required by these conditions of approval shall be installed. Page 14 of 17 CC June 23, 2009 Item No. 11 Page 37 of 77 CONDITIONS OF APPROVAL Revised by Planning Commission, June 2, 2009 87. Water and sewer improvements shall be completed in accordance with Water District requirements. 88. Proof of maintenance responsibility and acceptance shall be provided for all open space, slopes, and drainage facilities and streets outside the public right -of -way. 89. In accordance with Ordinance No. 1212, this project is exempt from the payment of TUMF fees. 90. The applicant shall submit as -built plans and shall be responsible for revising the mylar plans. A digital copy of all completed public improvement plans shall also be provided. A bond (amount to be determined by the City Engineer) is required to guarantee compliance of this requirement. PARKS AND RECREATION DEPARTMENT 91. Property management to maintain all private parks, pools, common walkways, and open space and recreational facilities. 92. Developer shall pay park fees per the City's Park Improvement fees of $1,400 per unit. 93. Design and construct pedestrian trail system along the Riverside County Flood Control Channel from Pottery Street to Sumner Avenue. Trail will be constructed per the City's design plans for the Riverwalk Channel project. Contact Parks and Recreation Department for a copy of plans. DEPARTMENT OF ADMINISTRATIVE SERVICES —Nene 94. Prior to the issuance of a building permit, the development shall be annexed into the City of Lake Elsinore lighting and landscape maintenance and public safety services districts in order to mitigate the increased maintenance and service costs associated with the development. Developer shall make a non - refundable deposit of $5,000 to pay the legal costs of the annexation process. Contact the Director of Administrative Services or Dennis Anderson of Francisco & Associates for information pertaining to the annexation process. Page 15 of 17 CC June 23, 2009 Item No. 11 Page 38 of 77 CONDITIONS OF APPROVAL Revised by Planninq Commission, June 2, 2009 Added by the Planning Commission, June 2, 2009 RIVERSIDE COUNTY FIRE DEPARTMENT GENERAL CONDITIONS 95. It is the responsibility of the recipient of these Fire Department conditions to forward them to all interested parties. The permit numbers are required on all correspondence. Questions should be directed to the Riverside County Fire Department, Fire Protection Planning Division at 2300 Market Street, Suite 150, Riverside, CA 92501. Phone: (951) 955 -4777; Fax: (951) 955 -4886. 96. With respect to the conditions of approval for the referenced project, the Department recommends the following fire protection measures be provided in accordance with Riverside County Ordinances and /or recognized fire protection standards: 97. Blue retro reflective pavement markers shall be mounted on private streets, public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers must be approved by the Riverside County Fire Department. 98. The water mains shall be capable of providing a potential fire flow 4000 GPM and an actual fire flow available from any one hydrant shall be 2500 GPM for a two - hour duration at 20 PSI residual operating pressure. 99. Approved super fire hydrants (6" x 4" x 2' /z') shall be located at each street not more than 330 feet apart in any direction, with no portion of any lot frontage more than 165 feet from a fire hydrant. 100. The applicant or developer shall furnish one copy of the water system plans to the Fire Department for review. Plans shall be signed by a registered civil engineer, containing a Fire Department approval signature block, and shall conform to hydrant type, location, spacing and minimum fire flow. Once plans are signed by the local water company, the originals shall be presented to the Fire Department for signature. Page 16 of 17 CC June 23, 2009 Item No. 11 Page 39 of 77 CONDITIONS OF APPROVAL Revised by Planning Commission, June 2, 2009 101. The Environmental Constraint Sheet (ECS) Map must be stamped by Riverside County Surveyor with the following note: The required water system, including fire hydrants, shall be installed and accepted by the appropriate water agency prior to any combustible building material placed on an individual lot. OTHER AGENCIES — None. (End of Conditions) Attachments: 1). Southern California Gas Company letter dated May 4, 2009. 2). Elsinore Valley Municipal Water District letter dated May 11, 2009. 3). Riverside County Flood Control and Water Conservation District letter dated May 13, 2009. Page 17 of 17 CC June 23, 2009 Item No. 11 Page 40 of 77 The Gas Companr A *.Sempra Energy - company May 4, 2009 City of Lake Elsinore Attn: Carole Donahoe 130 South Main Street Lake Elsinore, CA 92530 Southern California Gas Company 1981 W. Lugonia Avenue Redlands, Ca 923749720 Mailing Address: PO Box 3003, SC8031 Redlands, CA92373 -0306 , RECE9 CD MAY 112009 CITY OF LAKE ELSINORE PLANNING DIVISION Subject: Residential Design Review No. 2009 -02 Thanks for the opportunity to review your plans ahead of construction. Although we do have facilities in the public rights of way they should be at a depth that would not conflict with your project. If there are houses presently on these lots the gas services will need to be abandoned before construction starts. At this time I see no apparent interference or conflict with your project and currently plan no new installations within the limits of the proposed construction. In the event you revise your plans or increase the limits of the project, please provide us with the information as soon as it becomes available. We require new facilities that cross our pipelines maintain a minimum one (1) foot of vertical separation and new facilities installed parallel to our pipelines maintain a minimum two (2) feet of horizontal separation. Existing twelve (12) inch and larger gas lines require additional horizontal separation. It is our intention to allow your contractor to remove any abandoned facilities that may be encountered during the course of construction. Upon request, at least two (2) working days prior to the start of construction, we will locate and mark our active underground facilities for the contractor at no cost. Please call Underground Service Alert (USA) at 1 (800) 227 -2600. If you have immediate questions or require additional information, please contact me at (909) 335 -7582. - - - - -- - Sincerely, Southern Wbmia Cas Company Anthony Barrozo D Pbnning Assaiate Anthony arroz A Sempra Energy utility° Gas DMAulim (SwthInland Region) Planning Associate Te,WUlSeM. Planni,,N,dwrt Redlands ( 1981(�9 .9.iMRPA ?AJ9CE0371REMrld3'CA 923749796 Tel: 904.:�39#6k1 030b7i9.335.7527 abarrozo@SempraUtilities.com CITY OF LADE (7LSI1'1O DREAM EXTREME. 61 t-u z-: v L. EM.M.W.D. M A I 0 4 7009 ENGINEERING Request for Review and Comments To: ❑ Cahuilla Band of Indians ❑ Caltrans District #8 ❑ CA Department of Fish & Game ❑ City of Canyon Lake ® Comcast Cable Co. ® County Health Department ❑ County Planning Department ® CR &R Disposal Dennis Anderson Date: From: Project Title: Applicant: Owner: Proiect Description: Project Location: APN: April 29, 2009 ❑ Deputy County Clerk ® Elsinore Water District EVMWD ® Gas Company ® LEUSD ❑ Mosquito & Vector Control ❑ Pechanga Cultural Resources ® Riv. County Fire Department ® Riv. County Flood Control Dist. Carole Donahoe, Project Planner (951) 674 -3124, ext. 287 cdonahoe @lake- elsinore.com TPM No. 36193 and Residential Design Review No. 2009 -02 ®Riverside Transit Authority ❑ Soboba Band of Luiseno Indians ® Steve McCarty ❑ U.S. Army Corp of Engineers ❑ U.S. Fish & Wildlife Services ® U.S. Postmaster ® Verizon ❑ Other: rg AWAY 13 2009 CITY OF LAKE ELSINORE Bridge Housing Corporation, CIO: Vanessa Ng, Asst. Project Mgr., 2202 30t' Street, San Diego, CA. 92104 City of Lake Elsinore, 130 S. Main Street, Lake Elsinore, CA 92530 Combine 23 existing lots into a 4.3 ac site for the construction of a 113 -unit affordable housing apartment complex, including a central courtyard, recreation facility with swimming pool and maintenance building. North of Sumner, south of Pottery, east of Langstaff and west of Riley, on RDA property. See attachment Reply by: May 13, 2009 CRS: 1525 COMMENTS: (attach a separate sheet if necessary) Ce—r' 55 C- f � ` � S �- �ngrrl- ee��r"��rcQ�rt.� �t�5f, -icy- reffrc�revr7.e- .t.f-s � S,e- r'�lYce.,. Date: —6 /lI /Q q Nam Telephone: 6j:4, ZILZ(,a e -mail Page 42 of 77 Rcn „ncr fr R and r'nrmmo.,rc _ F.,, --m AT„ pn ?non-')z ?on.< WARREN D. WILLIAMS General Manager -Chief Engineer ire 1995 M kRKET STREET MAY 18 2409 RIVE SIDE, CA 92501 951.955.1200 CITY OF LAKa Cd ide'ddha I 9 erside.9965 P t`NNING SAVMSIO� )�co.r71561ide.ca.us RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT City of Lake Elsinore 130 South Main Street Lake Elsinore, nnCAnn9253``0 j� y1 pin `VM ND 2 Attention: CA0 1� V �1 1lAho& Y e "n�� 511 H Ladies and Gentlemen: Re: The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments /recommendations for such cases are normally limited to items of Fecific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: No comment. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan facilities. The District will accept ownership of such facilities on — written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels, storm drains 36 inches or lar ger in diameter or other facilities that could be considered regional in nature and or a logical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of suc aci I es on written request o the City . Facilities must be constructed to District standards; and District plan check and inspection will be required for District acceptance. Plan check, inspection and administr ative fees will be required. _ This project is located within the limits of the District's -— Area Drainage Plan for which drainage fees have been adopted; app ica a a Fes s ou par y cas iers c eck or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid ! should be at the rate in effect at the time of issuance of the actual permit. An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. For further information, contact the District's encroachment permit section at 951.955.1266. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City'I has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies, calculations, plans and other information required to meet FEMA requirements, and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should regwire the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Army Corps of Engineers; or written correspondence from these agencies indicating the pro ect is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required tra the local' California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. c: Riverside County Planning Department Attn: Kathleen Browne '. I Very //t/r/u/l}'D yours, %� DALE V. ANDERSON 23, 2009 Item No. 11 En gineeringProject r D OS� /3 Og Page 43 of 77 ate: v) M v Q J � 0 �Uh Q I A-t� i 1� I "6% Ole *b�'sc S ?tn a43s§ $aa�g� ni-A 2. $eaaa§ M1 Egg ktl.SY`a E � k68¢`g }} Nil _- I IC ia� y v2 N j4 y tl e 3 eE -e pIIpE�S OU i� yiy$ Yr 2ApY � ``2 W , a • M4 N toil WN "W 11n, 2 3 !yS O 4� I I �....i...� ......._.;... .._.. _�- - -— _i____ _ T _____ j I I o-tr .. _`tea!• � :� `_.I � :! ._, 1 ���� /�* - a A , 1�}fr --�I. Of��- - � i r f 4 �.-✓ I- ^ Y i �" .k�, i if 4aa ^ei[..�j� � € o-1s bas L _ NIX ,{ Ir f 2 5 l'yti m ., s ; I N Pa6e'44 of47�� Imp m Nil lowtg e yy C8A8Y $$L z. yyyy IM pap `Y Rio 8 8a 58ui E Y i f in S 1111-11 3§n Wit d e A §' Yt $; eia #o0 till ddz HI 1� I "6% Ole *b�'sc S ?tn a43s§ $aa�g� ni-A 2. $eaaa§ M1 Egg ktl.SY`a E � k68¢`g }} Nil _- I IC ia� y v2 N j4 y tl e 3 eE -e pIIpE�S OU i� yiy$ Yr 2ApY � ``2 W , a • M4 N toil WN "W 11n, 2 3 !yS O 4� I I �....i...� ......._.;... .._.. _�- - -— _i____ _ T _____ j I I o-tr .. _`tea!• � :� `_.I � :! ._, 1 ���� /�* - a A , 1�}fr --�I. Of��- - � i r f 4 �.-✓ I- ^ Y i �" .k�, i if 4aa ^ei[..�j� � € o-1s bas L _ NIX ,{ Ir f 2 5 l'yti m ., s ; I N Pa6e'44 of47�� Imp m RESOLUTION NO.2009- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2009 -02, FOR "POTTERY COURT" WHEREAS, Bridge Housing Corporation (the "Developer "), filed an application with the City of Lake Elsinore requesting approval of Residential Design Review No. 2009 -02 ( "the Design "), in conjunction with the merging of lots proposed in Tentative Parcel Map No. 36193 ( "the Map), which Design and Map are collectively referred to herein as the "Project'; and WHEREAS, the Developer proposes the Design on a 4.3+ acre site located north of Sumner Avenue, south of Pottery, east of Langstaff, and west of the flood control channel, and known as Assessor's Parcel Nos. 374 - 071 -003 thru 014, -026, and -027; 374 - 072 -018, -020, -022, -026, -028, -030, -032, -034 and -036 (the "Site "); and WHEREAS, the Design proposes the construction and management of a 113 - unit project with 111 -units available to very-low income households and 2 resident manager units, a central open space courtyard with tot lot and barbecues, a recreation facility with swimming pool, a passive recreation area, and a maintenance building ; and WHEREAS, in accordance with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.: "CEQA "), the State CEQA Guidelines (Title 14, California Code of Regulations Section 15000 et seq.: "CEQA Guidelines "), the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in -fill development projects; and WHEREAS, on June 2, 2009, the Planning Commission considered the Design and recommended that the City Council approve the Design subject to the proposed conditions of approval; and WHEREAS, public notice of the Design and Map has been given, and the City Council has considered Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 23, 2009. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered Residential Design Review No. 2009 -02 for the Pottery Court apartment complex prior to making a decision and has found it acceptable. CC June 23, 2009 Item No. 11 Page 46 of 77 CITY COUNCIL RESOLUTION NO. 2009-_ PAGE 2OF4 SECTION 2. The City Council hereby finds and determines that the Project is categorically exempt from CEQA and the CEQA Guidelines pursuant to a Class 32 categorical exemption for in -fill development projects. Specifically, the City Council finds that: 1. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. 2. The Project will occur within the City limits on a project site that is less than (5) acres and the site is substantially surrounded by urban uses. 3. The Project site currently consists of eleven single family residential dwelling units, parking, and vacant land and has no value as habitat for endangered, rare or threatened species. Moreover, as indicated in that certain Habitat Assessment Report for the Proposed Pottery Court Project Site dated for identification purposes as of March 16, 2009, the Project is not located within an MSHCP criteria cell and is consistent with the MSHCP Section 6 Plan Wide Requirements. No suitable habitat occurs on site and therefore no focused surveys are required. 4. Pursuant to that certain Traffic, Air Quality and Noise Analysis prepared by the Planning Center for the Pottery Court project dated for identification purposes as of April 2009, approval of the Project will not result in significant effects relating to traffic, noise or air. Furthermore, pursuant to that certain Water Quality Management Plan prepared for Pottery Court by SB &O, Inc. dated for identification purposes as of April 27, 2009, the approval of the Project will not result in any significant effects relating to water quality. Finally, pursuant to that certain Phase I Cultural Resources Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, and that certain Pre - Construction Paleontological Assessment of the Pottery Court project prepared by Archaeological Associates and dated for identification purposes only as of April 23, 2009, approval of the Project will not result in any significant effects relating to cultural or archeological resources on the Pottery Court site. 5. The Project Site can be adequately served by all required utilities and public services. SECTION 3. That in accordance with the City of Lake Elsinore Municipal Code, the City Council makes the following findings in support of its approval of Residential Design Review No. 2009 -02: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the zoning district in which the project is located. CC June 23, 2009 Item No. 11 Page 47 of 77 CITY COUNCIL RESOLUTION NO. 2009- PAGE 3 OF 4 The General Plan and Zoning Map designate the site as HD — High Density Residential and R -3 — High Density Residential, respectively. The Map appropriately combines 23 lots in order for the applicant to construct and manage a 113 -unit apartment complex that is consistent with high density residential development. 2. The project complies with the design directives contained in the LEMC 17.184.060 and all other applicable provisions of the Municipal Code. The Design provides both private and public open space areas within the project site. All amenities are easily accessible to residents through walkways and handicapped path of travel. The Design has considered crime prevention measures, aesthetics, and the Historic Elsinore Guidelines to achieve compliance with City rules and regulations. 3. Conditions and safeguards pursuant to LEMC 17.184.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of this chapter and the planning district in which the site is located. The Project is conditioned to comply with the R -3 development standards of the City's Zoning Code. Further, the site must comply with the Americans with Disabilities Act for access. These standards and conditions have been prepared and reviewed to benefit the public health, safety and welfare. The applicant has signed a Draft Acknowledgment of Acceptance of Conditions. SECTION 4. Based upon the evidence presented, the above findings, and the Conditions of Approval attached to the resolution for Tentative Parcel Map No. 36193, the City Council hereby approves Residential Design Review No. 2009 -02. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and be in force. PASSED, APPROVED AND ADOPTED this 23rd day of June, 2009. Robert E. Magee, Mayor CC June 23, 2009 Item No. 11 Page 48 of 77 CITY COUNCIL RESOLUTION NO. 2009-_ PAGE 4OF4 ATTEST: Debora Thomsen, City Clerk APPROVED AS TO FORM: Barbara Leibold, City Attorney STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009- was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 23rd day of June 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC June 23, 2009 Item No. 11 Page 49 of 77 = £ VINa0zlIlV0'3H0NIS133NVl ss f �a a� JNisnO En9vc jo =u 12ino .1b�110 `; �9 H `d d II !'��''FaR 1p: A �- co ¢ o �N 0 w gS 9 a 5 x0000000000 Fill IA la: dune z3, zmo Item No. 11 Page 50 of 77 8 a I VM:10311VO'32lONISl33NV1 f r \ ( dbfJ J 2� = . 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