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HomeMy WebLinkAboutCC Reso No 2006-180RESOLUTION NO. 2006-180 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, APPROVING A TWO-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP NO. 32129 WHEREAS, The Sauls Company has filed an application with the City of Lake Elsinore for an extension of time for Tentative Tract Map No. 32129, to subdivide approximately 10± acres of unimproved property into 27 residential lots and seven (7) open space lots (the "ProjecP'); and WHEREAS, the property is located approximately two miles northeast of the Interstate 15/State Route 74 interchange, at the southern end of Trellis Lane, south of Sharon Street, and known as Assessor's Parcel No. 347-110-021 and a portion of 347-110-022; and WHEREAS, Lake Elsinore Municipal Code section 16.24.160 requires that a land divider wishing to extend the life of a tentative tract map make a written application to the City Council not less than thirty days prior to the expiration of the tentative tract map requesting an extension of time on the map; and WHEREAS, the City Council has considered evidence presented by the Community Development Department and other interested parties with respect to this item on October 24, 2006. 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 extension of time for Tentative Tract Map No. 32129 prior to making its decision to extend the life of the map for a period of two (2) year. SECTION 2. That in accordance with the California Subdivision Map Act (Cal. Gov. Code §§ 66000 et seq.) and the City of Lake Elsinore Municipal Code section 16.24.160, the City Council makes the following findings for the approval of an extension of time for Tentative Tract Map No. 32129: CITY COUNCIL RESOLUTION NO. 2006-180 PAGE 2 OF 5 l. The proposed subdivision, together with the provisions far its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code § 66473.5). a. The design of the Project subdivision and density of 2.5 dwelling units per acre are consistent with the General Plan designation of Low Medium Density Residential, which permits up to 6 dwelling units per acre. b. The Project proposes single family residential lots ranging in size from 6,000 square feet to 31,000 square feet, which meet the R-1 zoning minimum requirement. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density and design is consistent and compatible with the adjacent Ramsgate Specific Plan. b. The map provides open space areas that protect the natural topography and views. 3. The effects that the 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. a. The Project is consistent with the City's General Plan. During the approval of the General Plan, housing needs, public services and fiscal resources are scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003-01 to offset the annual negative fiscal impacts of the Project on public safety operations and maintenance issues in the City. CITY COUNCIL RESOLUTION NO. 2006-180 PAGE 3 OF 5 c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the Project on public right-of-way landscaped areas to be maintained by the City, and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 4. Subject to the attached conditions of approval, the proposed division of land or type of improvements is not likely to result in any significant environmental impacts. a. An Initial Study was prepared for the Project. The Initial Study identified potentially significant environmental effects, but proposals made or agreed to by the applicant avoid the effects or mitigate the effects to a point where no significant effects would occur. b. When examining the Project in light of the conditions of approval and mitigation measures, there is no substantial evidence that the Project may have a significant effect on the environment. c. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 32129 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements is not likely to cause serious public health problems. a. Tentative Tract Map No. 32129 is conditioned to comply with all development standards of the R-1 Single Family Residential Zone. These standards are in place to benefit the public health, safety and welfare. 6. The design of the proposed division 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 division of land. CITY COITNCIL RESOLUTION NO. 2006-180 PAGE 4 OF 5 a. All known easements or requests for access have been incorporated into the design of Tentative Tract Map No. 32129. b. The adjacent property owner to the east requested access through Tentative Tract Map No. 32129. 772is map has been designed with "B" StYeet to stub at the easterly boundary, thereby allowing this connection. c. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied to the Project. SECTION 3. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24`h day of October, 2006, by the following vote: AYES NOES ABSENT: ABSTAIN: COLINCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFfNER, MAGEE COUNCILMEMBERS: NoNE COUNCILMEMBERS: NONE CITY COUNCIL RESOLUTION NO. 2006-180 PAGE 5 OF 5 ATTEST: ~ Fredericky~ y, City Clerk City of Lake Elsinore City of Lake CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32129 bh,of 10.8+ acres into 27 residential lots and seven 7 . APNs 347-110-021 and a portion of -022 Amended bv Citv Council. October 24. 2006 PLANNING DIVISION 1. Tentative Tract Map No. 32129 will expire two (2) years from date of the extension approval unless within that period of time a final map has been filed with the County Recorder, or another extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Extensions of time (36 months maximum total per the SMA) may be granted with City Council approval. Amended by the City Council, October 24,2006 2. Tentative Tract Map No. 32129 shall comply with the State of California Subdivision Map Act and shall comply with aU applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 32129, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. The applicant shall sign and return an "Acknowledgment of Conditions" to the City COLll1cil Approved 10/24/2006 AGENDA ITEM NO. PAGE OF Page 9 - City Council Meeting Minutes - October 24, 2006 GENERAL CONDITIONS PLANNING DIVISION 1. Tentative Tract Map No. 32129 will expire two (2) years from date of the extension approval unless within that period of time a final map has been filed with the County Recorder, or another extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Extensions of time (36 months maximum total per the SMA) may be granted with City Council approval. Amended by the City Council, October 24,2006 2. Tentative Tract Map No. 32129 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 32129, which action is brought within the time period providedfor in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map extension approval by the City Council. 5. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. Agenda Item No,_ Page 9 of 24 Page 10 - City Council Meeting Minutes - October 24, 2006 PRIOR TO FINAL TRACT MAP: 6. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated March 11, 2004 attached. 7. All lots shall comply with minimum standards of the R1 Single Family Residential zone. 8. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 9. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 10.All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 11. The applicant shall comply with the Mitigation Monitoring Program prepared for Mitigated Negative Declaration No. 2004-05. 12. The applicant shall initiate and complete the formation of a homeowners' association, approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the individual property owners for such service. b. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA. 13. The Final Map shall identify downs lopes adjacent to streets as HOA Maintenance Easements. All HOA Maintenance Easements shall be planted, Agenda Item No._ Page 10 of 24 Page 11 - City Council Meeting Minutes - October 24, 2006 irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 14. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains arrangements with adjacent property owners to provide fuel modification zones for this project. 15. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 16. 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 construction activity can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. 17. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #15, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #14. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. IS.Prior to the issuance of a building permit, the applicant shall pay the City's Multi-Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 19. 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. 20. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and Agenda Item No._ Page 11 of 24 Page 12 - City Council Meeting Minutes - October 24, 2006 shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 21.All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 22. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as 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 shall be installed in accordance with City Standards. 23. The applicant shall meet all requirements of the providing electric utility company. 24. The applicant shall meet all requirements of the providing gas utility company. 25. The applicant shall meet all requirements of the providing telephone utility company. 26.A bond is required guaranteeing the removal of all trailers used during construction. 27.All signage shall be subject to Planning Division review and approval prior to installation. 28.Landscape Plans for the tract shall include vegetative screening of all retention basins. 29.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Agenda Item No._ Page 12 of 24 Page 13 - City Council Meeting Minutes - October 24, 2006 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. 30.Prior to the approval of any final map, the applicant shall submit a phasing plan if multiple final maps are proposed, which show all phasing lines and the primary and secondary access for each phase. PRIOR TO DESIGN REVIEW: 31.Allfuture structural development associated with this map requires separate Design Review approval. 32.Elevation drawings for Design Review shall include four-sided architectural features. 33.S10pes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 34.A detailed fencing plan shall be required for review and approval during the Design Review process. 35.A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. ENGINEERING DIVISION 36.Provide permission to construct and permission to drain onto adjacent property from the affected properties. 37.Process a lot line adjustment to include the boundaries of Lot 27 into this subdivision. Agenda Item No,_ Page 13 of 24 Page 14 - City Council Meeting Minutes - October 24, 2006 38.Provide documentation that Lot 27 is not a requirement as an open space lot for the adjacent development. 39.Provide drainage information including outlet details for Lots "E" & "F". "c" liD " , , 40.Provide permission to construct the termination point of HB" Street. "B" Street shall be barricaded and signed as the temporary end of the street. 41. Verify that detention and first flush provisions are provided either on-site or accounted for on the adjacent project. 42.Modifications to "J" Street shall require permission from affected property. 43.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 44. 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. 45.Prior to the issuance of building permits, pay all Capital Improvement, TIF, TUMF, Master Drainage Fees and Plan Checkfees (LEMC 16.34) at a rate in effect at the time of building permit issuance. 46.Prior to issuance of building permits, a secondary access road to the project shall be construction to fire department standards. 47.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. Submit this letter prior to issuance of building permit. 48. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 49.Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed Agenda Item No._ Page 14 of 24 Page 15 - City Council Meeting Minutes - October 24, 2006 to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 50.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 51.Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 52.Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 53.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 54. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 55.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 56.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. 57.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 58.Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 59.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 60.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic Agenda Item No,_ Page 15 of 24 Page 16 - City Council Meeting Minutes - October 24, 2006 control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 61.All utilities except electrical over 12 lev shall be placed underground, as approved by the serving utility. 62.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 63.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 64.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 65.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 66.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 67.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-ol-way, subject to the approval of the City Engineer. Agenda Item Noo_ Page 16 of 24 Page 17 - City Council Meeting Minutes - October 24, 2006 68. On-site drainage facilities located outside of road right-ofway should be contained within drainage easements shown on the final map. A note should be added to the final map stating: HDrainage easements shall be kept free of buildings and obstructions". 69.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 70.Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 71.Meet all requirements of LEMC 15.68 regarding floodplain management. 72. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 73.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 74.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 75. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 76.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-ofway. When either of these criteria is exceeded, drainagefacilities should be installed. 77.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 78.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a sWPPP for post construction which describes Agenda Item Noo_ Page 17 of 24 Page 18 - City Council Meeting Minutes - October 24, 2006 BMP's that will be implemented for the development including maintenance responsibilities. 79.If required, the applicant shall obtain approval from Santa Ana Regional Water Quality Control Boardfor their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a sWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 80.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 stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NP DES Drainage Area Management Plan. 81.Applicant shall providefirstflush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 83.Arrangements shall be made between the City and the applicant for fiscal impacts by the project prior to issuance of the first building permit. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including city- wide improvements and facilities relating to fire and police protection and maintenance of roadways. 84.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Agenda Item No._ Page]8 of 24 Page 19 - City Council Meeting Minutes - October 24, 2006 COMMUNITY SERVICES DEPARTMENT 85. The applicant shall pay park mitigation fees of $1,600 per lot, totaling $43,200 for the project. 86. The developer shall comply with the City's Franchise Agreement for waste disposal and recycling. ADMINISTRATIVE SERVICES DEPARTMENT 87.Prior to the issuance of the first building permit, the developer shall annex into Community Facilities District No. 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 88.Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City, and for street lights in the public right- of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 33. "No Parking Zone" on Spring Street between Flint Street and Minthom Street. City Engineer Seumalo commented on the item. He noted the location of the no-parking areas. He noted that the item was brought to Council due to several complaints received from the traveling public. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-181 PROHIBITING PARKING ON THE EAST SIDE OF SPRING STREET, FROM FLINT TO MINTHORN AND ON THE WEST SIDE OF SPRING STREET, FROM MINTHORN TO APPROXIMATELY 100 FEET SOUTH OF MINTHORN STREET. 34. Tri-Party Agreement and Ground Lease of park property for use as a Boys & Girls Club. Agenda Item No,_ Page 19 of 24