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HomeMy WebLinkAboutItem No. 02 Attachment 2 - Conditions of Approval Applicant’s Initials: _____ Page 1 of 4 CONDITIONS OF APPROVAL PROJECT: PA 2025-11/TPM 39310 PROJECT NAME: TPM No. 39310 Finance Map PROJECT LOCATION: APN: 365-230-001 APPROVAL DATE: EXPIRATION DATE: EXPIRATION DATE: GENERAL CONDITIONS 1. Planning Application No. 2025-11 (Tentative Parcel Map No. 39310) proposes to subdivide an existing 81.38-acre parcel into two parcels (35.64 acres and 45.74 acres) for financing purposes. The site is located south of Sugarbush Lane and east of Cottonwood Canyon Road within the Canyon Hills Estates Specific Plan (APN: 365-230-001). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants (Indemnitees) from any claim, action, or proceeding against the Indemnitees to attack, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning approval, implementation and construction of TPM 39310, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167, including the approval, extension or modification of TPM 39310 or any of the proceedings, acts or determinations taken, done, or made prior to the decision, or to determine the reasonableness, legality or validity of any condition attached thereto. The Applicant's indemnification is intended to include, but not be limited to, damages, fees and/or costs awarded against or incurred by Indemnitees and costs of suit, claim or litigation, including without limitation attorneys' fees, penalties and other costs, liabilities and expenses incurred by Indemnitees in connection with such proceeding. The City will promptly notify the applicant of any such claim, action, or proceeding against the City. If the project is challenged in court, the City and the applicant shall enter into formal defense and indemnity agreement, consistent with this condition 3. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PLANNING DIVISION 4. Tentative Parcel Map No. 39310 shall comply with the State of California Subdivision Map Act, the Canyon Hills Estates Specific Plan, and applicable requirements set forth in the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Each sheet of the subdivision map shall clearly provide the following: “For Finance and Conveyance Purposes Only. A Future Subdivision Map or Land Use Entitlement or Permit is Necessary to Develop this Property. This Map Does Not Remove any Conditions of Approval For Separate Land Use Entitlements or Tentative Maps or Use Permits Approved for this Land.” 6. Future development shall comply with the provisions and requirements contained in the Canyon Hills Estates Specific Plan. PA 2025-11/TPM 39310 PC: December 2, 2025 Conditions of Approval CC: Applicant’s Initials: _____ Page 2 of 4 7. All future development proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis may be required. 8. If any of the conditions of approval set forth herein fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny or further condition issuance of all future building permits, deny revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted; record a notice of violation on the property title; institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Prior to Recordation of Final Parcel Map 9. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 10. Street names within the subdivision shall be approved by the Community Development Director or Designee. 11. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). BUILDING DIVISION General Conditions 12. Compliance with Code. All design components shall comply with applicable provisions of the 2022 edition of the California Building, Plumbing and Mechanical Codes: 2022 California Electrical Code; California Administrative Code, 2022 California Energy Codes, 2022 California Green Building Standards, California Title 24 Disabled Access Regulations, and Lake Elsinore Municipal Code. ENGINEERING DEPARTMENT General 13. This two (2) parcel tentative map is for financing and conveyance purposes only. A subsequent tract map or parcel map shall be required to further subdivide these properties. Specific conditions of approval related to traffic circulation, grading, drainage, right-of-way dedications, mitigation fees, conservation easements and other related engineering requirements and/or mitigations shall be required when the property is subdivided or at time of development. 14. Each parcel shall have legal access to public right-of-way. 15. The processing of this map shall conform to the requirements of the Subdivision Map Act. 16. Monumentation shall be in accordance with Lake Elsinore Municipal Code Section 16.32 and Subdivision Map Act. PA 2025-11/TPM 39310 PC: December 2, 2025 Conditions of Approval CC: Applicant’s Initials: _____ Page 3 of 4 17. The developer shall be responsible for acquiring any necessary rights-of-way in which the developer or the City has no legal title or interest. 18. Applicant shall submit for plan check review and approval for the Final Map for financing and conveyance purposes. All new submittals for plan check shall be made using the City’s online Citizen Service Portal (CSSP). 19. Applicant shall pay all applicable application and Engineering assessed fees, including without limitation plan check and monumentation inspection fees, at the prevalent rate at time of payment in full. 20. Security and inspection fee for monumentation shall be paid and two contiguous monuments shall be inspected prior to scheduling City Council approval of final map. CITY OF LAKE ELSINORE FIRE MARSHAL 21. The applicant/operator shall comply with all requirements of the Riverside County Fire Department Lake Elsinore Office of the Fire Marshal. Questions should be directed to the Riverside County Fire Department, Lake Elsinore Office of the Fire Marshal at 130 S. Main St., Lake Elsinore, CA 92530. Phone: (951) 671-3124 Ext. 225. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2015-1 (Safety) Law Enforcement, Fire and Paramedic Services CFD 22. Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into Community Facilities District No. 2015-1 (Safety) the Law Enforcement, Fire and Paramedic Services Mello-Roos Community Facilities District to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. The annexation process shall be completed prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Public Safety services. Applicant shall make a non-refundable deposit of $15,000, or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable. Annex into the City of Lake Elsinore Community Facilities District No. 2015-2 (Maintenance Services) 23. Prior to approval of the Final Map or issuance of a grading permit (whichever comes first), the applicant shall submit an application to the Department of Administrative Services to initiate the annexation process into the Community Facilities District No. 2015-2 (Maintenance Services) or current Community Facilities District in place at the time of annexation to fund the on-going operation and maintenance of the public right-of-way landscaped areas and neighborhood parks to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison, including parkways, street maintenance, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. The annexation process shall be completed PA 2025-11/TPM 39310 PC: December 2, 2025 Conditions of Approval CC: Applicant’s Initials: _____ Page 4 of 4 prior to issuance of the first certificate of occupancy for the project. Alternatively, the applicant may propose alternative financing mechanisms to fund the annual negative fiscal impacts of the project with respect to Maintenance Services. Applicant shall make a non- refundable deposit of $15,000 or at the current rate in place at the time of annexation toward the cost of annexation, formation or other mitigation process, as applicable. I hereby state that I acknowledge receipt of the approved Conditions of Approval for the above named project and do hereby agree to accept and abide by all Conditions of Approval as approved by the City Council of the City of Lake Elsinore on _________ . I also acknowledge that all Conditions shall be met as indicated. Date: Applicant’s Signature: Print Name: Address: Phone Number: