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PC Reso No 1989
RESOLUTION NO 89 -1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 88 -1 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN IMPOSING A DESIGNATION OF SPECIFIC PLAN AREA The Planning Commission of the City of Lake Elsinore does resolve as follows: Section 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Pardee Construction for amendment to the 1982 General Plan Land Use Element to designate the Cottonwood Hills Specific Plan Area, 2.17 dwelling units per acre, on 1,968.7 acres located along Railroad Canyon Road, Cottonwood and Holland Roads, one -half mile south of Canyon Lake; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; Section 2. The Planning Commission hereby determines that: 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site as allowed under the General Plan. These impacts are described in the Cottonwood Hills Environmental Impact Report for the proposed Specific Plan. Exhibit II (attached) is a summary of impacts from the Environmental Impact Report. For each significant impact, measures are imposed to eliminate or substantially lessen their effect. A Number of these significant impacts are unavoidable and a statement of overriding consideration is recommended as Finding #2, Specific findings on each significant impact are as listed in Table 1 (attached). 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area -wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable due to benefits derived by development under the General Plan, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant improvements to Railroad Canyon Road, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. The foregoing overriding considerations provide the rationale for a decision to approve this request. 3. The General Plan Amendment is found to be in conformity with the General Plan as follows: Land Use Element a) The Specific Plan (Plan) would provide for residential support of City commercial and industrial development thereby promoting a community -wide balance of land uses. b) Services and facilities could be delivered as needed under provisions of the Plan. c) Quality site development would be promoted under provisions of the Plan. Circulation Element d) The regionally important link of Railroad Canyon Road west to I -15 would be provided. Opportunities for future linkage improvements to the south and east are preserved. e) Transit parking and bike lanes are accommodated. Environmental Resource Element f) Major areas of open space /wildlife habitat are preserved. g) No important mineral resources are impacted. h) Adverse air quality impacts are partially mitigated. i) Prime agricultural lands are being converted to urban uses in a timely manner, based upon surrounding land use and economic conditions. j) Recreation opportunities are accommodated. K) Cultural resources are anticipated to be adequately mitigated based upon their significance. 1) Health and safety threats are mitigated by design measures and service delivery mechanisms. Noise Element m) Design measures are anticipated to be imposed during project development. Community Design Element n) Design features are provided to improve the visual quality of the community. Housing Element o) Major segments of the local housing market will be accommodated, including moderate income persons. The project will compliment existing housing opportunities elsewhere in the community for low income persons. 4. This General Plan density designation of 2.17 units per gross acre provides for a transfer of density from all open space areas into adjacent developed areas, and for a density bonus of .17 dwelling units /acre in exchange for provisions of Railroad Canyon Road infrastructure at a more extensive level than would otherwise be required by the project, and provision of complete turn -key neighborhood parks and partial community park infrastructure above that which would normally be required. The developer shall convey all development rights of all project open space to the City to be retained in perpetuity and to insure provision of Railroad Canyon Road and parks as specified in this finding and Specific Plan Condition of Approval. 5. The proposed General Plan Amendment would allow land uses in character with the subject property's location, access and constraints. 6. Granting of the requested designation will permit reasonable development of the property consistent with its constraints and compatible with adjacent properties and proposed development. 7. The approval of the requested designation permits development to the highest and best nature within mitigable means to insure maintenance of the general public health, safety and welfare. Section 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 88 -1 to impose a designation of Specific Plan Area based upon the findings of the staff report. Section 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. Je B own, Chairman Lake E1 or Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on January 17, 1989, by the following roll call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTENTION: COMMISSIONERS: (:;6/4 4,4,c /-� Nelson Miller, Secretary to the Planning Commission Kelley, Brinley, Saathoff, Wilsey and Brown None None None TABLE 1 (FINDING #1 SP 88 -1) SIGNIFICANT IMPACTS AND FINDINGS OF FACT a) Grading - substantially lessened by guidelines contained within the Plan and by existing City ordinances to less than significant levels. b) visual Impacts - substantially lessened by the above guide- lines, grade and landscaping buffers to less than significant levels. c) Biological Impacts - substantially lessened by avoidance and compensation for riparian habitat losses. Remainder sensitive species habitat to be partially compensated by change in management status to less than significant levels. Stephens' kangaroo rat habitat losses to be partially compensated by an off -site plan which can be adopted and is within the responsibility of the City, County, US Fish and Wildlife Service ( USFWS) and State Fish and Game (CFG) agencies. These impacts may not be reduced to less than significant levels and are therefore the subject of the attached statement of overriding considerations. d) Cultural Resources - substantially lessened by the study and documentation of each site as conditioned and preservation of significant resources such as the cemetery. These measures will reduce the impact to less than significant levels. e) Traffic Circulation - Substantially lessened by the develop- ment of on -site roads and Railroad Canyon Road and Holland Road as required by the Plan and conditions of approval. Expansion to Railroad Canyon Road is dependent upon actions which can and should be taken by USFWS and CFG related to wetlands mitigations. Traffic impact will not be reduced to less than significant levels by these measures and is therefore the subject of the attached Statement of Overriding Consideration. f) Services and Utilities - substantially lessened by the provision of services and utilities as required by the Plan and conditions of approval to less than significant levels for all impacts except elementary schools. Provision of schools facilities are dependent upon actions by the school districts and the state which can and should be taken related to funding and construction of needed facilities. g) Hydrology and Water Quality - substantially lessened by the guidelines and control measures required by the Plan and conditions of approval to less than significant levels. h) Geology and Soils - substantially lessened by application of the measures outlined in the Plan and geological report to a level of insignificance. i) Noise - substantially lessened by requirements of the Plan for grading design and sound attenuation barriers during construction phases to less than significant levels. j) Air Quality - substantially lessened by grading guidelines of the Plan and City ordinances for short -term impacts. Long -term traffic generated impact is expected to be significant and is therefore the subject of the attached Statement of Overriding Considerations. k) Energy Conservation - substantially lessened by design guidelines of the Plan and conditions of approval to less than significant levels. 1) Cumulative Impacts - substantially lessened by provisions of the Plan, but these impacts will not be reduced to less than significant levels and are therefore the subject of the attached Statement of Overriding Considerations. �I � Z t ° u o O ro V) `" c _ a oDEC7C�J X00 lu E 0. aEE° V :: OVU c o qj ww Vn U VA i-: CD O OD O CZ C: L E ro o c Ml U V bD V bD V V E �- V C.' C bo v V bb w CJ O p to 3 O U N CO y a C R C� do cC p Co J C.' > cC L_ w 71 c L ro y c �s 'a U Ct Cr bn Lr o o a v C 3 bb C V y a O II. %�, ¢� a> :C Cn v = O cs 2 ° V V a m O v a c w p Cn 0 a o o E ,� a y O c y ° U V °3° ab cn C° ° UC V v O G V y �b0 N� U C C V G O C✓ SC o�—D aD o Bl ro h s w Cz rG � V as QC TU Cz Cc a U E - - aco' ate• v U ur ^ � t. � � •= V :C EV ` O Y 2 — r V O Cz 2 o a Li. Z E -Z -= °; b L? E C E 5 _ O 3 = -5 c c o h ° L— y 6J E J M EXHIBIT II Env. Impact Summary (E.I.R.) SP 38 -1 O V � CO � O O E — y Ln a E E U o ° W w U U V � v L U tw M C O cn t w wF ;nwF�c7� 1 L E � ,° � E •°� v° E o c < E L y a E u w s ro '�7 w" U y r' ,:, v � ro •� v � ro i c C O O c �c 19 �'U7 ro G C d V L ro 3 ro R! c C6, . 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C � Mj ° O M s Y y r C O L L +•+ W � VV? Q. L lz U Y p •� m� c y o �.- a~ •- — mo o CZ v V cC = U Qj y U c o Es 0 v y y •- y y o ° 7 i V] y CO t.. 7 U a o 3 U a rA mC. c •, W E O = b� O 3 U G 26 c I I E ° O M s Y y r C O L L +•+ W � VV? Q. L lz L Y p y y O C Z V cC v C Es 0 L v •- •, W ran 3= O v G .3 c 5 0 = •a O � � � a �. v L pq CD O C 3 26 c I I f 2/ A C — v O _ ) E _ > ti O tin C 7 .' O V E j' w U V C O! rn p i 00 vpi V tm 3 " cz _ °4 L ro c _ L 3 U E vUi O y En E on L E• b ,> L t C. CS G s c w E V In C� y .O w _ CD E (] CL.— y V cn 2/ RESOLUTION NO 89 -2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89 -3 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF A 2.29 ACRE PARCEL FROM MEDIUM DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERICAL THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Larry Morser for amendment to the 1982 General Plan Land Use Element to change the designation Medium Density Residential to Neighborhood Commercial on a 2.29 acre parcel located at the intersection of Grand Avenue and Morro Way; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; SECTION 2. The Planning Commission hereby determines that: 1. An Environmental Initial Study has been completed for the subject General Plan Amendment and that no significant impacts have been identified which cannot be mitigated and that a Negative Declaration may be granted. 2. This Amendment is in accordance with the Policy of the City of Lake Elsinore to establish a balance of land uses throughout the community, in that the proposed amendment would provide commercial services adjacent to a residential neighborhood. 3. This Amendment satisfies the City's goals and policies for providing neighborhood support services. 4. This General Plan Amendment would not adversely affect the surrounding property with respect to value or precedent. 5. This Amendment is compatible with surrounding land use, zoning and proposed development in the area. SECTION 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 89 -3 to amend the General Plan Land Use Element from Medium Densisty Residential to Neighborhood Commercial based upon the findings presented herein. SECTION 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. Jeff ppotirb, Chairman Lake Elsin e Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on May 16, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Saathoff ABSTENTION: COMMISSIONERS: None Gary Tho 11, Secretary to the Planning Commission RESOLUTION NO 89 -3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89 -4 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF A 7.414 ACRE PARCEL FROM MEDIUM DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL (12.1 -20 DWELLING UNITS PER ACRE) THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Michael Brown for amendment to the 1982 General Plan Land Use Element to change the designation Medium Density Residential to High Density Residential on a 7.414 acre parcel located on the north side of Joy Street, two hundred twenty feet (2201) west of Riverside Drive; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; SECTION 2. The Planning Commission hereby determines that: 1. An Environmental Initial Study has been completed for the subject General Plan Amendment and that no significant impacts have been identified which cannot be mitigated and that a Negative Declaration may be granted. 2. This Amendment is in accordance with the Policy of the City of Lake Elsinore to establish a balance of land uses throughout the community, in that the proposed amendment would permit a needed multiple density to insure housing choices in the community. 3. This Amendment satisfies the City's goals and policies for providing quality affordable housing for all income levels in this community. 4. This General Plan Amendment would not adversely affect the surrounding property with respect to value or precedent. 5. This Amendment is compatible with surrounding land use, zoning and proposed development in the area. SECTION 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 89 -4 to amend the General Plan, Land Use Element from Medium Densisty Residential to High Density Residential based upon the findings presented herein. SECTION 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. Jeff Br Vr, Chairman Lake Elsi o Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on May 16, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley and Wilsey NOES: COMMISSIONERS: Brown ABSENT: COMMISSIONERS: Saathoff ABSTENTION: COMMISSIONERS: None 1 Gar Thorn ill, Secretary to the Planning Commission RESOLUTION NO 89 -4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89 -6 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF AN EIGHTY TWO (82) ACRE PARCEL FROM VERY LOW DENSITY RESIDENTIAL TO THIRTY ONE AND ONE HALF (31.5) ACRES DESIGNATED LOW DENSITY RESIDENTIAL -- AND FIFTY ONE AND ONE HALF ACRES (51.5) DESIGNATED ENVIRONMENTALLY SENSITIVE THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Greg Block, San Jacinto Highlands for amendment to the 1982 General Plan Land Use Element to change the designation Very Low Density Residential to Low Density Residential on thirty one and one half (31.5) acres of an eighty two (82) acre parcel and designate the remaining fifty one and one half (51.5) acres as environmental sensitive located at the northern terminus of Scenic Ridge Drive, one half (.5) mile north of Railroad Canyon Road and adjacent to a portion of the west boundary of Canyon Lake Hills, as illustrated on Exhibit "A" attached; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; SECTION 2. The Planning Commission hereby determines that: 1. An Environmental Initial Study has been completed for the subject General Plan Amendment and that no significant impacts have been identified which cannot be mitigated and that a Negative Declaration may be granted. 2. This Amendment is in accordance with the Policy of the City of Lake Elsinore to establish a balance of land uses throughout the community, in that the proposed amendment would permit continued residential development. 3. This Amendment satisfies the City's goals and policies for providing quality affordable housing for all income levels in this community. 4. This General Plan Amendment would not adversely affect the surrounding property with respect to value or precedent. 5. This Amendment is compatible with surrounding land use, zoning and proposed development in the area. SECTION 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 89 -6 to amend the General Plan Land Use Element from Very Low Densisty Residential to Low Density Residential on thirty one and one half (31.5) acres of an eighty two (82) acre parcel and designate the remaining fifty one and one half (51.5) acres as environmentally sensitive based upon the findings presented herein. SECTION 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. Jeff/ B , Chairman Lake Elsiho a Tanning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on May 16, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTENTION: COMMISSIONERS: None Ga Thor ill, Secretary to the Planning Commission RESOLUTION NO. 89 -5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89 -7 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN IMPOSING A DESIG- NATION OF SPECIFIC PLAN AREA; ZONE CHANGE 89 -8, AND ANNEXATION #48, FINDING OF FACT AS TO THE ENVIRON- MENTAL IMPACT, STATEMENT OF OVERRIDING CONSIDER- ATIONS AND CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT 89 -2 The Planning Commission of the City of Lake Elsinore does resolve as follows: Section 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Long Beach Equities, Inc., for amendment to the 1982 General Plan Land Use Element to designate the Alberhill Ranch Specific Plan Area, which consists of approximately 2,667 acres of land bounded generally by Interstate 15 to the north, Terra Cotta Road /Nichols Road to the south, E1 Toro Road to the east, and Robb Road /Lake Street to the west for a mixed land use development (Exhibit I); that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; Section 2. The Planning Commission hereby determines that: 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site as allowed under the General Plan. These impacts are described in the Alberhill Ranch Environmental Impact Report for the proposed Specific Plan. Exhibit II (attached) is a summary of impacts from the Environmental Impact Report. For each significant impact, measures are imposed to eliminate or substantially lessen their effect. Some of these significant impacts are unavoidable and a statement of overriding consideration is required. Specific findings on each significant impact are as listed on Exhibit III. Additionally, a program for monitoring mitigation measures contained in the Alberhill Ranch Environmental Impact Report is provided as Exhibit III. 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area -wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable due to benefits derived by development under the General Plan, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. The foregoing overriding considerations provide the rationale for a decision to approve this request. 3. The General Plan Amendment is found to be in conformity with the City's General Plan as detailed in Tables 10 and 11 of the Alberhill Ranch Specific Plan and attached here for reference. 4. The proposed General Plan Amendment and Zone Change would allow land uses in character with the subject property's location, access and constraints. 5. Granting of the proposed General Plan Amendment and Zone Change will permit reasonable development of the property consistent with its constraints and compatible with adjacent properties and proposed development. 6. The approval of the proposed General Plan Amendment and Zone Change permits development to the highest and best nature within mitigatable means to ensure maintenance of the general public health, safety and welfare. Section 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 89 -7 to impose a designation of Specific Plan Area; adopt Zone Change 89 -8 and Annexation #48, Findings of Fact as to the environmental impacts, statements of overriding considerations and certification of Environmental Impact Report 89 -2 based upon the findings of the staff report. Section 4. The Secretary of the Planning Commission shall certify the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. Jeff , Chairman Lake Elsi a anning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on July 5, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Saathoff, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTENTION: COMMISSIONERS: None i Ga Tho hill, Secretary to the Planning Commission C � O c ¢< v w cz ^ ° u 1..{. a e A z z ci w~ c c c mmE a ' 0 00 00 V^ ' F J At ¢ ¢ ¢ U r t Q r Z i ��,,z�� 2 ' Gi � LJ W J ¢ ¢ ¢ mU nn of a o� x�A ji j$Y . ` �•,��. r F` Y ' - -�� • .� ��,- - ter:.,, .............. y I4f... NY _•i /�W7//1 Y 'zj .......................... ..............................Y TV ¢R P {^ 8iY F t. • ( U^ �jY Oy-- OF h L ............ .................�isrisriisrv.' EXHIBIT II PROJECT IMPACTS AND MITIGATION MEASURES IMPACTS AND MITIGATION MEASURES Geology, Soils & Seismicity PROJECT IMPACTS: From a geotechnical MITIGATION MEASURES standpoint, the site will be A -1) According i Soils En g to Highland g gineering,Inc., partial suitable for development. removal and /or buttressing will be required in areas Project implementation will underlain by landslides. During the preparation of the site grading plans, the proposed grades shall be developed in alter the existing natural such a way that the fills will be placed at the toe of landform. Remedial grading slides to increase the stability of the existing landslides. Additional investigation subsurface and slope stability and recontouring will be analysis shall be performed in conjunction with the in the preparation of the site grading plan. At the time of necessary mined out tentative tract map or plot plan submittal, a grading plan areas of the site. Grading will be submitted for review by the Community Development Director and City Chief Building Official. will also be needed to stabilize landslide A -2) The presence or absence of suspected faults on- site.shall be potential confirmed by future trenching. At the time of tentative areas. There is the tract map or plot plan submittal, a report from a qualified potential for SOiI geotechnical consultant shall be submitted confirming that there are no active faults on the site. If any active settlement and liquefaction faults are found, the project shall implement all impacts during a seismic recommendations of the report to mitigate potential hazards. event. Project grading is A -3) Erosion of slopes shall be controlled by planting vegetation anticipated to balance and by constructing properly engineered drainage systems, on- in accordance with City of Lake Elsinore standards. Project site. The project proposes grading will occur in three phases, thus limiting the potential for erosion. The grading plan submitted for the retention of the majority project shall have an erosion control component. Potential of the primary ridgeline methods of mitigation of erosion include landscaping cut and fill slopes as soon as practical to reduce the potential for which extends through the erosion, and use of erosion control devices such as energy Center Of the Site. ALSO, dissipators. Positive surface gradients shall be provided to direct surface water from structural foundations. 169 acres are proposed for development density A -4) A more detailed investigation shall be required to locate- at a the existing tunnels and shafts in areas of future of 0.2 d.u. /acre, minimizing development and to determine their present conditions. Depending on future grades and on the locations and grading impacts in the conditions of subsurface excavations, some of the tunnels southerly pOTL10II Of the and shafts may be left in place and may require only sealing of the entrances. Others may require filling, or collapsing site. Another 133 acres and removal. During the preparation of grading plans, are proposed f O r detailed on -site inspections shall be conducted by the applicant to determine the location and condition of tunnels _ designation as RCD ", and shafts. Prior to the issuance of grading permits, a Residential Constraint report stating the results of these inspections and methods of filling or removal shall be submitted to the City Chief Designed, clustering units Building Official for review and approval. to minimize grading. Areas of uncertified fills will A -5) According to Highland Soils Engineering, Inc., a grading plan review shall be conducted by the geotechnical engineer require either full or in order to develop specific mitigations relative to partial removal and liquefaction prone soils. Additional field investigation may be necessary. Commonly employed procedures for mitigating recompaction. the problems include the use of a compacted fill mat along with a gravel blanket, post- tensioned slabs, additional footing reinforcement, and setbacks from the tops of fill slopes toeing into liquefaction prone areas. Prior to the issuance of grading permits, the applicant shall submit a report from a qualified geotechnical engineeer confirming the absence /presence of liquefaction areas on the subject site, for approval by the City Chief Building Official. If potential liquefaction areas are found, then the project shall implement all recommendations made therein. A -6) According to Highland Soils Engineering, Inc., the final determination for subdrainage requirements shall be made during existing fill and alluvial removals when a Geologist or Soils Engineer can observe the actual subsurface conditions. A -7) The recommendations of Highland Soils Engineering relative to foundations shall be adhered to during project design. PROJECT IMPACTS: Project development will increase runoff on -site, increasing flows in Walker Canyon Creek and other downstream facilities. The proposed storm drain system would discharge flows into Walker Canyon Creek just west of I-15. Due to the magnitude of the flow at the discharge point, energy dissipatators are required to prevent erosion of the stream bed. Some improvements (minimal) to Walker Canyon Creek are anticipated adjacent to the proposed commercial area to prevent channel erosion and to respond to potential flood hazards in this area. Runoff entering the Creek will contain minor amounts of pollutants typical of urban use. 1- A -8) If major grading operations take place during the rainy months of the year, additional precautions shall be taken to minimize erosion, in accordance with the erosion control plan component of the grading plan to be approved by the City Chief Building official. A -9) The project shall conform with the latest Uniform Building Code in order to satisfactorily mitigate the effects of seismic groundshaking. The Alberhill Ranch Specific Plan contains design guidelines (Section IX.H., Grading Design) intended to minimize the disturbance of and blend with the natural topography as much as possible through the use of the following design guidelines. In addition, the Specific Plan proposes that grading of the natural terrain in all Residential Rural (RR) and Residential Constraint Design (RCD) areas be minimized, particularly on slopes in excess of 25%. Hydrology xiriaation Keasures B -1) All drainage facilities for this project shall conform to the requirements and standards of the Riverside County Flood Control and Water Conservation District and the City of Lake Elsinore Community Development Department. B -2) Specific drainage systems shall be designed as each planning area develops. B -3) In order to protect the existing stream bed of Walker Canyon Creek, an energy dissipating structure shall be provided at the storm drain system discharge point, if necessary. Erosion control devices (such as riprap over exposed soil) shall also be provided, if necessary. Also, see Mitigation Measure E -3 of Fish and Game notification modifications to the Temescal drainage outlets. 2 regarding California Department requirements for any proposed (Walker Canyon Creek, including PROJECT IMPACTS: Construction noise represents a short term impact on ambient noise levels. Traffic generated by the Alberhill Ranch Specific plan will result in substantially increased noise levels along on-site and off -site roadways. Of the off -site roadway links ex- periencing a noise increase greater than 3 dB, only two are adjacent to existing residential use: Terra Cotta Road between Nichols and Lakeshore; and Robb Road between Coal and Terra Cotta. Along Terra Cotta Road, the 65 CNEL contour is projected to extend 2 feet past the right-of-way. Along Robb Road, the 65 CNEL contour is projected to extend 49 feet past the right -of -way. On -site lots along Lake Street, Robb Road and Coal Road may experience noise levels over 65 CNEL without mitigation. MITIGATION MEASURES Noise C -1) Construction adjacent to existing residential development shall be limited to the hours of 7 a.m. to 7 p.m. on Monday through Friday. Construction should not be allowed on weekends or federal holidays. C -2) In order to ensure adequate noise control at construction sites, machinery maintenance areas shall be physically separated from residential uses. C -3) All on -site residential lots and dwellings shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms, as follows:. a) Prior to the issuance of Grading Permits, an Acoustical Analysis Report shall be submitted to the City of Lake Elsinore for approval. The report shall describe in detail the exterior noise environment and preliminary on -site mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. b) Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the City for approval along with satisfactory evidence whit: indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C -4) The project highway noise Lake Elsinore approval. 3 proponent shall participate in any off -site mitigation program established by the City of in place at the time of final tract mat )_ / Climate and Air Quality PROJECT IMPACTS Temporary air quality MITIGATION MEASURES impacts will result from Construction Impacts project construction. When the project IS completed P P D -1) To minimize dust generation during grading operations SCAQMD Rule 403 shall be adhered to which will require and occupied, the project watering during earth moving operations. A watering be direct! program for the project shall be submitted to the City area will y for approval prior to commencement of grading. affected by: (1) vehicle emissions from project Regional Air Quality traffic, (2) indirectly in- Support and compliance with the AQMP for the basin is the most important measure to achieve this goal. The AQMP includes fluenced by pollutants em- improvement of mass transit facilities and implementation of fitted by power generation vehicular usage reduction programs. If the Alberhill Ranch Specific Plan is approved, it will become part of the City's plants which serve the General Plan and ultimately incorporated into future AQMP Plans. project In the South Coast The AQMP also includes energy conservation measures. Some' of these have been incorporated into the project design, including Basin. Projected total provision of alternate transportation modes including biking and increase pedestrian trails. The following mitigations are also emissions will recommended: existing subregional em- D -2) Mass transit accommodations such as bus turnout lanes, par: issio ns by 10.7%-23.3% and ride areas and bus shelters shall be provided, when, within Source Receptor 25. feasible. The balanced land uses D -3) Provide energy conserving street lighting in accordance wit: proposed by the Alberhill City and utility company standards. Ranch Specific Plan will D -4) Provide traffic signal synchronization where feasible. allow residents to satisfy their recreational,commer- cial and educational needs within the project bound- ary, thereby reducing resi- dents' reliance on motor vehicles. Bicycle /Pedes- trian paths are provided between land uses. Air quality impacts are consid- ered a significant adverse impact of the project. 4 J,,/ Wildlife /Vegetation PROJECT IMPACTS: Project implementation will MITIGATION MEASURES require the removal of The following mitigations are recommended, but will not eliminate vegetation on approximately the significant impacts identified above: 1,300 acres Of the site, E -1) A comprehensive erosion and sedimentation control plan shall which will destroy wildlife be prepared for all development areas draining into Temescal habitats as well. However, Creek. The plan should address the project during and after construction. The intent here is to protect valuable the Alberhill Ranch riparian /freshwater marsh habitats from degradation and Specific Plan retains 531 loss. acres of open space, E -2) Revegetation of cut and fill slopes, fuel modification zones permanently preserving and other graded areas shall be accomplished with plant palettes containing predominantly native species. Steeper sensitive riparian habitats slopes shall be revegetated with a mixture of coastal sage aIOII Temescal Creek g scrub species while more level areas shall be revegetated in to , with species of native perennial grasses an attempt avoiding impacts to the reestablish native grassland. An expert in landscape revegetation, who is knowledgeable and qualified in native least bells vireo. plant mixtures should be consulted in this regard. A Development in areas comprehensive landscape plan which incorporates these elements shall be prepared as a guideline and adhered to. presently occupied by the SKR will eliminate existing E -3) Any proposed modifications (eg. drainage outlets) to Temescal Creek, however minor, shall be processed with the populations of the species. California Department of Fish and Game pursuant to the The three sensitive plant requirements of the State Fish and Game Code Sections 1601- 1603 Streambed Alteration Notification process. species known to exist on the southwestern flank Of E -4) Due to the presence of "blue lines" on -site as shown on the U.S.G.S. map for the area, the project shall also require a Alberhill Mountain will be 11404 Permit" from the the U.S. Corps of Engineers, with removed by project input from the U.S. Fish and Wildlife Service. development, resulting In E -5) As the SKR is on the Federal Endangered Species list, project development will require a "permit to take" from the the LOSS Of Sensitive U.S. Fish and Wildlife Service, in accordance with the the resources potentially Endangered Species Act and implementing regulations. In order to secure such a permit, mitigation must be made, such occurring here. These as the payment of fees. The City is required to obtain A impacts are considered "10 A" permit from U.S. Fish and Wildlife before any development in the SKR range can occur within the City. In "significant% order to obtain this permit, the City must submit a Mitigation Program for Fish and Wildlife approval. It is possible that the City of Iake Elsinore would adopt the "interim" ordinance now in effect in Riverside County which is payment of $1,950 per acre of land developed within SKR range. E -6) An Assessment Study shall be undertaken prior to the issuance of grading permits regarding the existence, potential or known, of the three sensitive plant species on- site. This was not possible as part of the biological study, due to the fall field investigations. For best results, this survey should be performed during the spring months when these plants are flowering and can, therefore, be identified ^. and located precisely. Although this survey will not mitigate impacts to these resources, it will shed more light on the exact significance of resource areas. Consequently, it will provide planners and decision - makers with better information than can be derived by the biology report which is liberal in delineating important resource areas and assumes a worst case scenario for its impact assessment. E -7) The C -H development (s), as proposed, will be located adjacent to Temescal Creek. Because of the biological significance of the Creek, all development within the C -H Districts will be subject to site plan review per Design Review process as required by Chapter VIII of the Specific Plan "Development Standards ". During Design Review, the relationship of the proposed C -H development(s) to Temescal creek will be examined and reviewed to insure that adequate and appropriate set backs and design mitigations are implemented. Furthermore, it is anticipated that those areas within the C -H Districts that are located directly adjacent to the Creek will be landscaped with specially selected plant materials that will complement the existing riparian /fresh water marsh vegetation in the Creek. All proposed improvements to the Creek will also be subject to review by the County Flood Control District. 5 / PROJECT IMPACTS: Land Use Project approval will result MITIGATION MEASURES in the annexation of 2,667 The preparation of the Alberhill Ranch Specific Plan complies acres into the City of Lake with the City of Lake Elsinore General Plan designation and it Elsinore. On -site land use contains special land use and design controls that are not available when land develops on a piecemeal, tract by tract within the Annexation Area basis. It provides for adequate school facilities, parks and will not be altered by open space, circulation, etc., as well as provides design guidelines for Entry Statements, Streetscapes, Landscaped project approval, as no Setbacks, etc. In addition, site planning and design criteria include Architectural Guidelines, Commercial Design Criteria, development is proposed. Land Use Transitions, Community Parks, Open Space and Trails, Proposed prezoning Community Walls and Fencing, and Grading Design. The Specific Plan is required to satisfy the City of Lake Elsinore Zoning Code designations within the Section 17.99, Special Plan District. No additional mitigation Nichols Road /Terra Cotta for impacts to land use are recommended. Road portion of the Annexation Area include 45 acres of R -1 zoning, allowing 270 d.u. and 71 acres of R-S, allowing 36 d.u. The rest of the Annexation Area is pro- posed for designation as "SPA', Specific Plan Area. For the Alberhill Ranch Specific Plan site, project approval will result in a "Specific Plan' designation on the City General Plan and the construction of 3,705 d.u, on 896 acres of the site, 531 acres of open space, 254 acres of commercial use, 30 acres parks and 50 acres of school /park sites. A gross density of approximately 2 d.u. /acre is achieved by the proposed Specific Plan, which is comparable to the residential densities immediately adjacent to the site. In the extreme southern portion of the site, 169 acres are designated 'Rural Residential' (2 d.u. /ac.), which is compatible with the very low density residential uses existing off -site east of Terra Cotta Road. 9 PROJECT IMPACTS Utilizing the factors - established by the City of Lake Elsinore for park dedication requirements, a population of 11,841 persons would be generated by the Alberhill Ranch Specific Plan. A population of 1,114 persons would be generated within the portions of the Annexation Area propsed for pre - zoning as R -1 and R -S. The resulting 12,955 population represents a 100% increase to the 1988 City population; however, SCAG GMA -1 Baseline Projections are . not exceeded. The Alberhill Ranch Specific Plan also proposed 254 acres of commercial use, creating an estimated 3,097 jobs for project and area residents, enhancing the job /housing balance in the region. PROJECT IMPACTS -The Alberhill Ranch Specific Plan will create a demand for 749,200 cubic feet of natural gas per day and 182,946 kwh of electricity per day. The 306 units which could be accommodated within the R -1 and R -S zoning of the annexation area will consume 67,983 cubic feet of natural gas and 6,000 kwh of electricity. JI-I Population and Housing MITIGATION MEASURES No mitigation measures are recommended for the increased housing and population generated by the Alberhill Ranch Specific Plan. However, Section IV.M. Public Facilities and Services, presents mitigation measures associated with increased demand for services from the City of Lake Elsinore as a result of the annexation request. Energy Resources Section IX.D, Architectural Guidelines, of the Alberhill Ranch Specific Plan requires that future project development comply with several guidelines relating to energy conservation. These include the use of roof projections and overhangs in response to energy and climate concerns, guidelines for use of solar panels and support solar equipment. in addition, Specific Plan Section IX.C, Site Plannina Guidelines, proposes that when possible, structures be sited to take full advantage of natural and man -made amenities, breezes, sun and wind orientation, and views. Shading through the appropriate use of landscaping should be used to protect structures from solar heat gain during the summer months. If desired, buildings may be oriented to facilitate the application of solar heating systems. Energy conservation will be achieved through compliance with Title 24 of the California Administrative Code. No additional mitigation is proposed. 7 PROJECT IMPACTS: Aesthetics Implementation of the - MITIGATION MEASURES Alberhill Ranch Specific As discussed above, the Alberhill Ranch Specific Plan proposes Plan will permanently alter land uses, standards and design guidelines which mitigate visual the nature and appearance impacts of project development. No additional mitigation measures are recommended. of the site through grading and development. Approxi- mately 531 acres of the site will remain as open space, encompassing the significant ridgeline located west of and parallel to I- 15, as well as the riparian vegetation associated with Temescal Creek. No grading is proposed within this area; therefore appearances of the site from portions of I -15 will not be impacted by project development. Project approval will significantly improve the appearance of the mined area on -site. In addition, the Specific Plan contains Development Standards and Design Guidelines which regulate future development within the project. 51 i / L, Historic and Prehistoric Resources PROJECT IMPACTS: Project grading could - MITIGATION MEASURES result in. the destruction of Archaeology known and unknown on- J -1) For site one, data collection shall be performed, that is, site archaeological and the mapping and surface collection of the artifact resources, described. Such data collection could be accomplished in paleontological four to five man -days and would free the area for future without proper mitigation. development activities of any kind. All known sites will be J -2) For site two, data collection /testing program shall be directly impacted by performed, that is, mapping and surface collection and subsurface testing prior to development. While it is assumed development. The mining P g that the site is primarily a surface deposit, subsurface historical site will be testing would allow for the determination of site depth. Should subsurface deposits be encountered, testing will have removed as a Iesult of determined what further sample size is necessary to achieve project development; final mitigation. Such data collection activity could be accomplished in twenty man -days and would free the area for however, its recordation is further development activities of any kind. adequate mitigation. J -3) Any cultural resources encountered as a result of grading, shall result in the contact of a qualified archaeologist for inspection prior to further grading activities. Paleontology J -4) The collection of samples from sites which will be directly impacted prior to construction shall be conducted by a qualified paleontologist, in consultation with a paleobotanist. The purpose for the collection of impacted sites is to expand the size of existing museum research collections which do not currently contain the quality or diversity of specimens which are available from the existing sites to provide adequate samples to serve to needs of future research. J -5) After pre - development collections are completed, the grading in the sediments of the Silverado and Pauba ( ?) Formations, and Older Alluvium shall be monitored full time. The following procedures shall be implemented during monitoring: a) The monitor must be empowered to temporarily halt or redirect excavation equipment while fossils are being removed. The monitor shall be equipped to speedily collect specimens if they are encountered. b) The monitor, with assistance if necessary, shall collect individual fossils and /or samples of fossil - bearing sediments. If specimens of small animal species are encountered the most time and cost efficient method of recovery is to remove a selected volume of fossil - bearing earth from the grading area and stockpile it off -site for later processing. C) Fossils recovered during earthmoving or as a result of screen - washing of sediment samples shall be cleaned and prepared sufficiently to allow identification. This allows the fossils to be described in a report of findings and reduces the volume of matrix around specimens prior to storage, thus reducing storage costs. d) A report of findings shall be prepared and submitted to the public agency responsible for overseeing developments and mitigation of environmental impacts upon completion of mitgation. This report would minimally include a statement of t h e t y p e s of paleontologic resources found, the methods and procedures used to recover them, an inventory of the specimens recovered, and a statement of their scientific significance. e) The paleontological specimens recovered as a result of mitigation shall be donated to a qualified scientific institution where they would be afforded long term preservation and the opportunity for further scientific study. PROJECT IMPACTS Mineral Resources Project development will MITIGATION KEASURES preclude future use of the K -1) An amendment to the previously- approved Reclamation Plan for site for clay extraction; the mined area must be reviewed and approved by the City of however, this use has been Lake Elsinore and /or the State Mining Board. The Reclamation Plan must be approved prior to the issuance of found to be economically grading permits. infeasible. The Specific K -2) All mined areas of the Alberhill Specific Plan area shall be Plan proposal would regraded for development in accordance with the Reclamation eliminate the State MRZ Plan and Chapter 70 of the Uniform Building Code. zone from the site. The mined area of the site will require "reclamation" in order to accommodate the project. PROJECT IMPACTS Circulation The Alberhill Ranch MITIGATION MEASURES Specific Plan proposes an L -1) As development occurs the measures listed below are on -site circulation system recommended by Kunzman Associates to mitigate the impact of which implements the the project on traffic circulation. Some of these mitigations are for off -site areas. The implementation of Riverside county and City each measure shall be determined as future entitlements are granted for development in and around the project area. The of Lake Elsinore City of Lake Elsinore and /or the County of Riverside Road Circulation Elements. Bike Department will condition the project to participate in its fair -share of off -site improvements, where applicable. trails, pedestrian walkways e uestrian /hikin a. Improve Lake Street between Coal Road and Interstate 15 and an Q g to an Arterial cross - section (110 foot right -of -way) in trail are also proposed. The conjunction with development. project will generate 80,070 b. Improve Coal Road between Lake Street and Terra Cotta external trips and 576,500 Road to a Major cross- section (100 foot right -of -way) in conjunction with development. miles of travel per day. All intersections but One in C. Improve Nichols Road between Coal Road and the project boundary east of I -15 to a Major cross- section (100 the project area are foot right -of -way) in conjunction with development. projected to operate at d. Improve Robb Road to an Arterial cross- section (110 Level of Service (LOS) C foot right -of -way) between Coal Road and Lakeshore better in Drive in conjunction with development. or the p.m. peak hour, with e. Improve Terra Cotta Road to a Modified Secondary proposed standard between Nichols Road and Lakeshore Drive in improvements. For future conjunction with development. traffic conditions with area wide and f. For future traffic conditions, intersection geometrics growth as recommended in the Traffic Study should be surrounding development implemented. plus the project, all intersections but one in g• For existing plus project traffic conditions, traffic signals should be installed at the intersections of: the vicinity of the site will operate at LOS C or Lake Street and I -15 WB Ramps better. To achieve LOS C Lake Street and I -15 EB Ramps Lake Street and Temescal Canyon Road at all intersections, Lake Robb Road and Coal Road Robb Road and Lakeshore Drive St. should be upgraded to Nichols Road and I -15 WB.Ramps an urban arterial between Nichols Road and I -15 EB Ramps Nichols Road and Collier Avenue 1-15 and Coal Road. Terra Cotta Road and Coal Road Terra Cotta Road and Lakeshore Drive L -2) Maintain a high level of service along arterials by restricting parking and controlling roadway access. L -3) Improve all internal project streets shown on Exhibit 18, Circulation Plan, to appropriate roadway standards as indicated, and install traffic signals at project roadways when warranted as shown on Exhibit 18. L -4) Landscape plantings and signs shall be limited in height within the vicinity of project roadways to assure good visibility. 11 L Public Facilities and services PROJECT IMPACTS There are presently no fire Mitigation Measures stations within the required M -1) The project will be required to satisfy City and County Fire for Department standards for fire protection, including response response the o nse time times and distance to fire stations. proposed Category II urban M -2) Due to the sites's location within the Hazardous Fire Area, development, though the P $ special construction is required, in accordance with City of Lake Elsinore may Riverside County ordinance No. 546. be acquiring a site On M -3) The project shall provide adequate fire hydrants, water Lincoln St., north Of lines, water pressure, etc. in accordance with the requirements of applicable City and County ordinances. Machado which would be capable of providing an In addition, see ?litigation N -1 within Section IV.N., Fiscal acceptable level of service. Impact Report Summary. Mitigation N -1 recommends the formation of a community facilities district under the Mello -Roos Community Project im implementation will P Facilities Act of 1982 to pay for certain project expenses. result in the need for 22 .-- additional deputies in order M -4) For the security and safety of future residents, the to achieve the desired following crime prevention measures shall be considered during site and building layout design: officer /resident ratio. The Alberhill Ranch project * proper lighting in open areas; * visibility of doors and windows from the street and would generate an between buildings; 2,224 students * adequate off- street parking; and estimated the house number identification system shall be visible and proposes two 15-acre and readily apparent to emergency response agencies. elementary school and one 20 -acre junior high school In addition, see Mitigation N -1 within Section IV.N., Fiscal sites. The Alberhill Ranch Impact Report Summary. Mitigation N -1 recommends the formation Specific Plan and the 306 of a community facilities district under the Mello -Roos Community Facilities Act of 1982 to pay for certain project expenses. units which could be accommodated within the M -5) The project applicant shall be required to work with the R -1 and R -S portions Of affected school districts in order to satisfy their concerns and insure that adequate school facilities are available for the Annexation Area would future project residents. result in a 2.973 average M -6) The project will be subject to fees imposed by AB 2926 day and 5.776 MGD maxi- ($1.53 per square foot of inhabitable space). As two school mum day demand for water. districts are involved, the fees are split between the Lake Elsinore and Elsinore Union School Districts. A water distribution system is proposed to serve the M -7) All conditions pertaining to water and wastewater Portions requirements as specified by the Elsinore Valley Municipal p r0 eCt Brea. Of Water District shall be followed. the site would have to be served b the 1$00.5 y M -8) Assurance for provision of adequate water and wastewater be to approval of a subdivision pressure zone system, service shall required prior map, in accordance with the State Subdivision Map Act. r-- which has no facilities at M -9) The project shall comply with Title 20, California this time and will require a Administrative Code Section 1604 (f) (Appliance Efficiency standards), which establish efficiency standards that set regional pump Station lines the maximum flow rate of all new showerheads, lavatory and storage reservoirs. faucets, etc., as well as Health and Safety Code Section 17621.3 which requires low -flush toilets and urinals in Total average daily f10WS g y virtually all buildings. of 1.3893 MGD of sewage To M -10) Park lands shall be provided in accordance with City of are anticipated. provide Lake Elsinore Ordinance 85 -34. sewage facilities, the M -11) Where riding or hiking trails are provided within project master Tanned treatment p open space, a minimum width of 14' should be allowed to plant westerly of Te mescal accommodate both hikers and riders. Road must be constructed, In addition, see Mitigation N -1 within Section IV.N., Fiscal although an interim plan is Impact Report Summary. Mitigation N -1 recommends the formation of a community facilities district under the Mello -Roos Community available fora portion Of P Facilities Act of 1982 to pay for certain project expenses. the project, utilizing the 19 L. existing Cheney Street M -12) Development plans shall be provided to Southern California facility. The project will Gas Company, Southern California Edison and General create a demand for 58.73 Telephone as they become available in order to facilitate engineering, design and construction of improvements acres Of recreation necessary to provide service to the project site. facilities, per City M -13). Building energy conservation shall be achieved by Resolution 85 -34. The compliance with Title 24 of the California Administrative Code. AIberhill Ranch Specific Plan proposes a total of 80 acres of schools and parks, including a 30 -acre Community Park. The project proposes a 14' equestrian /hiking trail from Nichols Road north through the open space, providing a connection to Lake Street for future off -site recreational uses as part of the County Park Depart- ment's proposed trail system. The project will create a demand for 182,946 kwh of electricity per day and 1,140,581 c.f. of natural gas per month. The project will generate 46 tons of solid waste per day, shortening the life of the Double Butte and El Sobrante Disposal sites. 13 Fiscal Impact Report Summary PROJECT IMPACTS: The principal results of the fiscal analysis are summarized below. Net surplus or deficit projected for the 15 -year development period and the 16th year beyond for each of the four functional categories under consideration in the analysis are summarized as follows: Existing City Functions Excluding Fire Protection Recreation Services Fire Protection Function Total 15 -Year Devel. Period - - - - - - $000's- 14,900..1 667.9 (4,484.0) TOTAL POSSIBLE CITY FUNCTIONS 11,084.0 Remaining County Functions 11,092.3 TOTAL Of concern protection available including functions. 22,176.3 Year 16 & Beyond (Annual) 1,745.7 71.6 (532.3) 1,285.1 1,276.6 2,561.7 to the City may be projected deficits for the fire function. Some form of mitigation procedure should be to handle this amount of fire protection deficit, utilization of the projected surplus for other MITIGATION MEASURES N -1) If desired by the City of Lake Elsinore, a community facilities district shall be formed under the Mello -Roos Community Facilities Act of 1982 to pay for the cost of providing police, fire protection, ambulance and paramedic services and to pay for maintenance of parks, parkways and storm drains, together with incidental expenses in connection therewith, by the annual levy of a special tax upon the lands within the community facilities district. N -2) If desired by the City of Lake Elsinore, a district shall be formed under the Landscaping and Lighting Act of 1972 to pay for the cost of maintenance and servicing of street lighting, landscaped areas and other improvements authorized thereunder, including acquisition of land for park, recreational or open space purposes, together with incidental expenses in connection therewith, by the annual levy of an assessment upon the lands within the landscaping and lighting district. 14 EXHIBIT III STATEMENT OF FACTS JULY 5, 1989 SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT, FINDINGS WITH RESPECT TO SAID EFFECTS, AND STATEMENT OF FACTS IN SUPPORT THEREOF, ALL WITH RESPECT TO THE PROPOSED AMENDMENT OF THE GENERAL PLAN OF THE CITY OF LAKE ELSINORE AND RELATED ACTIONS PERTAINING THERETO FOR GPA 89 -7, and ALBERHILL RANCH SPECIFIC PLAN 89 -2. BACKGROUND The California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Guidelines) promulgated pursuant thereto provide: "No public agency shall approve or carry out a project for which an Environmental Impact Report has been completed and which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding." (Section 15091) The City of Lake Elsinore proposes to approve the proposed project, including amendments to the General Plan Land Use Element, the City Zoning Code, and approval of the Alberhill Ranch Specific Plan. Because the proposed actions constitute a project under CEQA and the Guidelines, the City of Lake Elsinore has prepared an Environmental Impact Report (89 -2). The EIR identified certain significant effects which may occur as a result of this project. Further, this Council has determined that the EIR is complete and has been prepared in accordance with CEQA and the Guidelines. Therefore, the following findings are set forth herein pursuant to Section 15091 of the CEQA Guidelines. 1) GEOLOGY, SOILS & SEISMICITY Significant Effect - Project implementation will alter the existing natural landform. Remedial grading and recontouring will be necessary in the mined out areas of the site. Project grading is anticipated to balance on -site. The project proposes retention of the majority of the primary ridgeline which extends through the center of the site. Areas of uncertified fills will require either full or partial removal and recompaction. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Project grading for the Alberhill Ranch Specific Plan will blend with the natural topography as much as possible, by clustering development, terracing on hillsides and by preserving 531 acres of natural open space. IMPLEMENTING ACTION - Prior to construction, the City Engineer shall approve a grading plan and all supporting studies. Significant Effect - Grading will also be needed to stabilize potential landslide -- areas. There is the potential for soil settlement and liquefaction impacts during a seismic event. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Within landslide areas, partial removal and /or buttressing will be required. Additional slope stability analyses shall be performed. The presence or absence of suspected faults on -site shall be confirmed by trenching. Erosion of slopes shall be controlled. Additional study is needed to develop mitigations for liquefaction prone soils. IMPLEMENTING ACTION - Prior to construction, the City Engineer shall approve a grading plan and all supporting studies. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 2) HYDROLOGY Significant Effect - Project development will increase runoff on -site, increasing flows in Walker Canyon Creek and other downstream facilities. The proposed storm drain system would discharge flows into Walker Canyon Creek just west of I -15. Due to the magnitude of the flow at the discharge point, energy dissipatators are required to prevent erosion of the stream bed. Some improvements (minimal) to Walker Canyon Creek are anticipated adjacent to the proposed commercial area to prevent channel erosion and to respond to potential flood hazards in this area. Runoff entering the Creek will contain minor amounts of pollutants typical of urban use. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - All drainage facilities shall conform to the standards of the Riverside County Flood Control and Water conservation District and the City of Lake Elsinore Community Development Department. Erosion control devices and an energy dissipatating device shall be provided in order to protect the existing stream bed of Walker Canyon Creek, if necessary. Also, the California Department of Fish and Game, the United States Department of Fish & Wildlife and the Army Corps of Engineers shall be contacted to secure all necessary permits. IMPLEMENTING ACTION - Prior to tentative tract map approval, the project proponent will submit for review and approval drainage plans to the City of Lake Elsinore Community Development Department and other affected governmental agencies. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 3) NOISE Significant Effect - Construction noise represents a short term impact on ambient noise levels. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Construction hours will be limited to minimize noise impacts to existing residential development. IMPLEMENTING ACTION - Issuance of City construction permits by the project proponent will be subject to any City Noise Ordinances and Policies. Significant Effect - Traffic generated by the Alberhill Ranch specific plan will result in substantially increased noise levels along on -site and off -site roadways. Of the off -site roadway links experiencing a noise increase greater than 3 dB, only two are adjacent to existing residential use. On -site lots along Lake Street, Robb Road and Coal Road may experience noise levels over 65 CNEL without mitigation. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - All on -site residential lots and dwellings shall be sound attenuated so as not to exceed an exterior standard of 65 dB CNEL in outdoor living areas and an interior standard of 45 dB CNEL in all habitable rooms. The project proponent shall participate in any in -place City off -site highway noise mitigation program. IMPLEMENTING ACTION - The project proponent will be required to submit additional acoustic studies to the City of Lake Elsinore prior to tentative tract map approval. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 4) CLIMATE AND AIR QUALITY Significant Effect - Temporary air quality impacts will result from project construction. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - To minimize dust generation SCQAMD Rule 403 requiring watering during grading operations shall be adhered to. IMPLEMENTING ACTION - During all grading operation, adherence to SCQAMD Rule 403 shall be required. Significant Effect - When the project is completed and occupied, the project area will be directly affected by: (1) vehicle emissions from project traffic, (2) indirectly influenced by pollutants emitted by power generation plants which serve the project in the South Coast Basin. Projected total emissions will increase existing subregional emissions by 10.7% - 23.3% within Source Receptor 25. FINDING - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the EIR. FACTS IN SUPPORT OF FINDING - The most significant reductions in regional air pollutant emissions are attainable through programs promulgated by the South Coast Air Quality Management District ( SCAQMD) which reduce reliance on vehicular travel associated with the project. Additionally, energy conservation measures are included in the AQMP. IMPLEMENTING ACTION - The City of Lake Elsinore shall implement measures included in the AQMP as part of future project approvals. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of -- mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. Regional air quality impacts are considered a significant adverse impact of the project. 5) WILDLIFE AND VEGETATION Significant Effect - Project implementation will require the removal of vegetation on approximately 1,300 acres of the site, which will destroy wildlife habitats as well. However, the Alberhill Ranch Specific Plan retains 531 acres of open space, permanently preserving sensitive riparian habitats along Temescal Creek, avoiding impacts to the least bells vireo. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - An erosion control plan shall be prepared for all development areas draining into Temescal Creek. Any modification to the Creek will require permits from the Department of Fish and Game and the U.S. Fish and Wildlife Service. Revegetation of slopes shall utilize native species. IMPLEMENTING ACTION - Prior to issuance of a grading permit, an erosion control plan shall be approved by the City of Lake Elsinore and clearance from the Department of Fish and Game and the U.S. Fish and Wildlife Service may be required. Significant Effect - Development in areas presently occupied by the SKR will eliminate existing populations of the species. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - As the SKR is on the Federal Endangered Species List, project development will be subject to City of Lake Elsinore Ordinance 89 - . IMPLEMENTING ACTION - Project developer shall abide by City Ordinance 89 - as tentative tract maps are approved. Significant.Effect - Three sensitive plant species are known to exist within the project. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternative identified in the EIR. FACTS IN SUPPORT OF FINDING - The City and Project Developer shall determine the feasibility of implementing the suggested mitigations from the botanical assessment included as part of the "Response to Comments" section of the Final EIR. Where possible the City shall approve a Resource Management Plan. Due to topographical and soil constraints, it is possible that project development will result in the loss of sensitive plant resources. IMPLEMENTING ACTION - Prior to grading of biologically sensitive areas the feasibility of a Resource Management Plan shall be reviewed by the City of Lake Elsinore. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. The loss of sensitive plant resources would be considered A significant adverse impact of the project. 6) LAND USE Significant Effect - Project approval will result in the annexation of 2,667 acres into the City of Lake Elsinore. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - The designations applied to the properties within the annexation are either comparable to existing County designations or the City's "SPA" designation, which requires preparation of a Specific Plan as part of any project approval. IMPLEMENTING ACTION - The City of Lake Elsinore will require either adoption of a Specific Plan or tentative tract maps prior to any construction. Significant Effect - The Alberhill Ranch project will result in a "Specific Plan" designation on the City General Plan and the construction of 3,705 d.u. on 896 acres of the site, 531 acres of open space, 254 acres of commercial use, 30 acres parks and 50 cres of school /park sites. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - The preparation of the Alberhill Ranch Specific Plan complies with the City of Lake Elsinore General Plan designation and it contains special land use and design controls that are not available when land develops on a tract by tract basis. Adequate school facilities, parks and open space, circulation, etc. are provided, as are design guidelines, site planning criteria, etc. No additional mitigation for impacts to land use are recommended. IMPLEMENTING ACTION - The City of Lake Elsinore shall adopt a Specific Plan for the Alberhill Ranch prior to the filing of tentative tracts. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 7) POPULATION AND HOUSING Significant Effect - Utilizing the factors established by the City of Lake Elsinore for park dedication requirements, a population of 11,841 persons would be generated by the Alberhill Ranch Specific Plan. A population of 1,114 persons would be generated within the other portions of the Annexation Area. The resulting 12,955 population represents a 100% increase to the 1988 City population. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - SCAG GMA -1 Baseline Projections are not exceeded. The Alberhill Ranch Specific Plan also proposed 254 acres of commercial use, creating an estimated 3,097 jobs for project and area residents, enhancing the job /housing balance in the region. - No mitigation measures are recommended for the increased housing and population generated by the project. Mitigation measures relative to the increased demand for service as a result of the annexation request are discussed in Section IV M., Public Facilities and Services, of the Final EIR. IMPLEMENTING ACTION - City of Lake Elsinore shall adopt a Specific Plan which complies with the Housing Element of the City General Plan. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 8) ENERGY RESOURCES The Alberhill Ranch Specific Plan will create a demand for 749,200 cubic feet of natural gas per day and 182,946 kwh of electricity per day. The 306 units which could be accommodated within the R -1 and R -S zoning of the annexation area will consume 67,983 cubic feet of natural gas and 6,000 kwh of electricity. FINDING - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by-such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - The Architectural Guidelines for the Alberhill Ranch Specific Plan requires that future development comply with several measures relating to energy conservation. IMPLEMENTING ACTION - All necessary permits and approvals shall be granted by the respective public agency as part of the tract map approval process. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 9) AESTHETICS Significant Effect - Implementation of the Alberhill Ranch Specific Plan will permanently alter the nature and appearance of the site through grading and development. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Approximately 531 acres of the site will remain as open space, encompassing the significant ridgeline located west of and parallel to I -15, as well as the riparian vegetation associated with Temescal Creek. No grading is proposed within this area; therefore appearances of the site from portions of I -15 will not be impacted by project development. Project approval will significantly improve the appearance of the mined area on -site. In addition, the Specific Plan contains Development Standards and Design Guidelines which regulate future development within the project. IMPLEMENTING ACTION - The City of Lake Elsinore shall be responsible for implementing the design guidelines of the Specific Plan as future applications are processed. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 10) HISTORIC AND PREHISTORIC RESOURCES Significant Effect - Project grading could result in the destruction of known and unknown on -site archaeological and paleontological resources. All known sites will be directly impacted by development. The mining historical site will be removed as a result of project development; however, its recordation is adequate mitigation. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - For archaeological resources, data collection for site one shall be performed and data collection /testing program shall be performed for site two. An archaeologist shall be contacted if any cultural resources are found during grading. Samples shall be collected from known sites prior to project grading. Grading in the sediments of the Silverado, Pauba and Older Alluvium shall be monitored full time to permit the collection of specimens. IMPLEMENTING ACTION - Mitigation resources identified in the Final EIR shall be implemented as part of grading permit issuance. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 11) MINERAL RESOURCES Significant Effect - Project development will preclude future use of the site for clay extraction. The Specific Plan proposal would eliminate the State MRZ zone from the site. The mined area of the site will require "reclamation" in order to accommodate the project. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - An amendment to a previously- approved Reclamation Plan for the mined area must be reviewed and approved by the City and /or the State Mining Board. IMPLEMENTING ACTION - Project developer shall prepare an amendment to the previously approved Reclamation Plan for the mined area for approval by the City and /or the State Mining Board prior to issuance of grading permits. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 12) CIRCULATION Significant Effect - The project will generate 80,070 external trips and 576,500 miles of travel per day. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - The Alberhill Ranch Specific Plan proposes an on -site circulation system which implements the Riverside County and City of Lake Elsinore Circulation Elements. Improve Lake St. between Coal Rd. and I -15 to an Arterial; improve Coal Rd. between Lake St. and Terra Cotta Rd. to a Major; improve Nichols Rd. between Coal Rd. and the project boundary east of I -15 to a Major; improve Robb Rd. to an Arterial between Coal Rd. and Lakeshore Dr; and improve Terra Cotta Rd. to a Modified Secondary between Nichols Rd. and Lakeshore Dr. IMPLEMENTING ACTION - The City Engineer shall approve the phasing and design of road improvement plans as tentative tract maps are approved. Significant Effect - All intersections but one in the project area are projected to operate at Level of Service (LOS) C or better in the p.m. peak hour, with proposed improvements. For future traffic conditions with area wide growth and surrounding development plus the project, all intersections but one in the vicinity of the site will operate at LOS C or better. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Intersection geometrics recommended by the Traffic Study should be implemented. For existing plus project traffic conditions, traffic signals are warranted at 10 intersections. IMPLEMENTING ACTION - The City Engineer shall approve the phasing and design of road improvement plans as tentative tract maps are approved. Significant Effect - Project development will warrant alternative sources of transportation. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - Bike trails, pedestrian walkways and an equestrian /hiking trail are proposed within the Alberhill Ranch Specific Plan. IMPLEMENTING ACTION - The City of Lake Elsinore Community Development Director shall require the implementation of all trails and bikeways addressed within the Specific Plan as tentative tract maps are approved. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. 13) PUBLIC FACILITIES & SERVICES Significant Effect - There are presently no fire stations within the required response time for the proposed Category II urban development, though the City of Lake Elsinore may be acquiring asite on Lincoln st., north of Machado which would be capable of providing an acceptable level of service. Project implementation will result in the need for 22 additional deputies in order to achieve the desired officer /resident ratio. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making-- the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - The project will be required to satisfy City and County Fire Department standards for fire stations. A Mello -Roos District may be formed to pay for certain project expenses. IMPLEMENTING ACTION - City and County Fire Department standards shall be satisfied prior to construction of any inhabitable structures. Significant Effect - The Alberhill Ranch project would generate an estimated 2,224 students and proposes two 15 -acre elementary school and one 20 -acre junior high school site. FINDING - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - The project will be subject to school impact fees imposed by AB 2926. IMPLEMENTING ACTION - Project development will be subject to the payment of impact fees imposed by AB 2926 prior to issuance of building permits. Significant Effect - The Alberhill Ranch Specific Plan and the 306 units which could be accommodated within the R -1 and R -S portions of the Annexation Area would result in a 2.973 average day and 5.776 MGD maximum day demand for water. A water distribution system is proposed to serve the project area. Portions of the site would have to be served by the 1800.5 pressure zone system, which has no facilities at this time and will require a regional pump station, lines and storage reservoirs. Total average daily flows of 1.3893 MGD of sewage are anticipated. To provide sewage facilities, the master planned treatment plant westerly of Temescal Road must be constructed, although an interim plan is available for a portion of the project, utilizing the existing Cheney street facility. FINDING - Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - All conditions pertaining to water and wastewater requirements as specified by the Elsinore Valley Municipal Water Dist. shall be followed. In order to conserve water, the project shall comply with Title 20 of the Calif. Admin. Code. IMPLEMENTING ACTION - Assurances for provision of adequate water and wastewater service is required prior to approval of a subdivision map, in accordance with the State Subdivision Map Act. Significant Effect - The project will create a demand for 58.73 acres of recreation facilities, per City Resolution 85 -34. FINDING - Changes or alterations have been required in, or incorporated into, the project which avoid or substantially -` lessen the significant environmental effect as identified in the final EIR. FACTS IN SUPPORT OF FINDING - The Alberhill Ranch Specific Plan proposes a total of 80 acres of schools and parks, including a 30 -acre Community Park. The project proposes a 14' equestrian /hiking trail from Nichols Road north through the open space, providing a connection to Lake Street for future off -site recreational uses as part of the County Park Department's proposed trail system. IMPLEMENTING ACTION - City Resolution 85 -34 will be implemented as tentative tract maps are approved. Significant Effect - The project will generate 46 tons of solid shortening the life of the Double Butte and El sites. FINDING - Changes or alterations have been incorporated into, the project which avoid lessen the significant environmental effec, final EIR. waste per day, Sobrante Disposal required in, or or substantially t as identified in the Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such findings have been adopted by such other agency or can and should be adopted by such other agency. FACTS IN SUPPORT OF FINDING - The Specific Plan includes guidelines for provision of trash collection stations. IMPLEMENTING ACTION - Project developer will incorporate those guidelines described in the Specific Plan as individual tentative tract maps are approved. All significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened by virtue of mitigation measures identified in the Final EIR and incorporated into the project or future project approvals as set forth above. STATEMENT OF OVERRIDING CONSIDERATIONS JULY 5, 1989 BACKGROUND The California Environmental Quality Act (CEQA) and the State EIR Guidelines promulgated pursuant thereto provide: "(a) CEQA requires the decision maker to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. If the benefits of the proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered 'acceptable'. (b) Where the decision of the public agency allows the occurrence of significant effects which are identified in the final EIR but are not at least substantially mitigated, the agency shall state in writing the specific reasons to support its action based on the final EIR and /or other information in the record. This statement may be necessary if the agency also makes the finding under Section 15091 (a) (2) or (a) (3). - (d) If an agency makes a statement of overriding considerations, the statement should be included in the record of the project approval and should be mentioned in the Notice of Determination (Section 15093 of the Guidelines)." The City of Lake Elsinore proposes to approve the proposed General Plan Amendment, Zone Change, and the Alberhill Ranch Specific Plan. Because these actions constitute a project under CEQA and the State CEQA Guidelines, an Environmental Impact Report (89 -2) has been prepared by the City of Lake Elsinore. The EIR has identified certain significant effects that will result from this project that cannot feasibly be completely avoided. The preceeding Statement of Facts contains a listing of significant effects which reflect the unavoidable adverse impacts associated with the proposed project. The following overriding considerations are provided against which these unavoidable adverse effects are balanced in reaching a decision on this project. The remaining unavoidable adverse impacts are found acceptable given the mitigations, conditions and overriding considerations contained in this Resolution. 1. The Alberhill Ranch project will provide a variety of residential dwellings within a master - planned residential community which utilizes innovative site planning concepts while maintaining the visual attributes of the project. 2. The Alberhill Ranch project will provide a sufficient variety of housing types which reflect existing economic parameters, complement current housing supply and respond to market demand. 3. The Alberhill Ranch project is proposed for development in a manner which is consistent with existing and planned surrounding land uses. 4. The Alberhill Ranch will designate approximately 531 acres or 28% of the site for natural open space uses. The majority of the open space will be retained.north of the primary ridge line in Walker Canyon. The riparian woodland along Temescal Creek will be preserved in order to maintain a significant wildlife habitat on the site. 5. The development of the Alberhill Ranch will preserve the significant ridge line located west of and parallel to I -15 thus preserving the view and appearances of the site from most portions of I -15. Development will significantly improve and enhance the appearance of the mined area on -site. 6. The Alberhill Ranch Project will participate in improvements to the overall circulation system surrounding the site by providing for the upgrading of Lake St., Robb Road, Coal Road and Nichols Road. 7. The Alberhill Ranch Project will significantly add to the existing non - vehicular circulation systems in the area by providing bike lanes, walkways and equestrian hiking trails throughout the property. 8. The Alberhill Ranch Project will provide to EVMWD new water distribution and storage facilities and new sewage treatment facilities to serve the Alberhill Ranch Project and adjacent areas thereby improving the quality of service to the area north of the City of Lake Elsinore. 9. Upon ultimate development, the Alberhill Ranch Project is expected to generate a positive monetary contribution to the City of Lake Elsinore and County of Riverside in excess of $2,500,000 annually, as well as the creation of over 3,000 new jobs. RESOLUTION NO. 89 -6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF SPECIFIC PLAN 89 -2 The Planning Commission of the City of Lake Elsinore does resolve as follows: Section 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Long Beach Equities, Inc., for adoption of the Alberhill Specific Plan, which consists of approximately 1,853 acres of land bounded generally by Interstate 15 to the north, Terra Cotta Road /Nichols Road to the south, El Toro Road to the east, and Robb Road /Lake Street to the west for a mixed land use development (Exhibit I); that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and zoning Law and local ordinance; Section 2. The Planning Commission hereby determines that: 1. This request is anticipated to result in several significant adverse environmental impacts associated with the development of the site as allowed under the General Plan. These impacts are described in the Alberhill Ranch Environmental Impact Report for the proposed Specific Plan. 2. This request will result in significant environmental impacts associated with loss of habitat, traffic circulation, degradation of air quality and a substantial contribution to the cumulative impacts of area -wide urban development which may be partially mitigated but are anticipated to remain significant upon development of the site as allowed under the General Plan. These impacts are therefore found to be acceptable due to benefits derived by development under the General Plan, specifically the provision of quality housing opportunities by the City, the anticipated increase in local government revenues generated by project residents and the provision of significant infrastructure improvements, all of which are expected to support local commercial and industrial development efforts and generate measurable benefits to the local economy and fiscal integrity of City government. 3. The Alberhill Ranch Specific Plan meets the Specific Plan criteria for contents and systematic implementation of the General Plan established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 4. The Alberhill Ranch Specific Plan establishes pre- zoning of the project area in anticipation of its annexation to the City of Lake Elsinore. 5. The Alberhill Ranch Specific Plan shall be effective at such time as annexation of the project area to the City of Lake Elsinore is approved by the City and the Local Agency '- Formation Commission and recorded. 6. The Alberhill Ranch Specific Plan shall expire and be of no effect whatsoever seven years after the date of annexation recordation unless an implementing Final Tract Map has been recorded prior to the end of the seven year period. 7. The Alberhill Ranch Specific Plan will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the project area, nor will it be injurious to the property or improvements in that area or the City as a whole, based upon the provisions of the Plan, mitigation measures and Conditions of Approval. S. The Planning Commission hereby incorporates Resolution 89 -5, environmental findings and Environmental Impact Report certification for the proposed project. Section 3. The Planning Commission hereby recommends that the City Council adopt Specific Plan 89 -2 with the attached Conditions of Approval and based upon the findings of the Staff Report. Section 4. The Secretary of the Planning Commission shall certify the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. J f own, Chairman Lake E no a Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on July 19, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Saathoff, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTENTION: COMMISSIONERS: None G y ThottInhill, Secretary to the Planning Commission RESOLUTION NO 89 -7 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 88 -7 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF 9.12 ACRES FROM LOW DENSITY RESI- DENTIAL TO HIGH DENSITY RESIDENTIAL The Planning Commission of the City of Lake Elsinore does resolve as follows: Section 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Rancon Financial Corporation for amendment to the 1982 General Plan Land Use Element to change the designation from Low Density Residential to High Density Residential on 9.12 acres located on the south side of Franklin Street, west of Avenue 5; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; Section 2. The Planning Commission hereby determines that: 1. The proposed General Plan Land Use designation of High Density Residential is consistent with the subject property's location adjacent to a Secondary Highway, near the I -15 freeway and with the existing use and topography of the property. 2. The proposed change will not result in any significant adverse impact on the environment. 3. Granting the requested designation will permit reasonable development of the property, with adequate future reviews and controls, consistent with the characteristics of the site and adjacent properties. 4. Goals, Polices and Objectives of the City of Lake Elsinore General Plan text regarding the appropriateness and placement of multi - family dwellings will be furthered. 5. The General Plan Amendment is compatible with proposed development patterns in the surrounding vicinity. Section 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 88 -7 to amend the General Plan Land Use Element from Low Density Residential to High Density Residential based upon the findings presented herein. Section 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. *si n, Chairman Lake lanning Commission I hereby certify that the precetion was adopted by the Planning Commission at a regular meeting thereof conducted on November 29, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Saathoff, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTENTION: COMMISSIONERS: None Dave Gunrman, Secretary to the P1 nning Commission RESOLUTION NO 89 -8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 88 -8 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF 18.11 ACRES FROM LOW DENSITY RESI- DENTIAL TO HIGH DENSITY RESIDENTIAL The Planning Commission of the City of Lake Elsinore does resolve as follows: Section 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Hidden Valley Springs Ranchos for amendment to the 1982 General Plan Land Use Element to change the designation from Low Density Residential to High Density Residential on 18.11 acres located on the north side of Franklin Street, east of Rancho Road; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; Section 2. The Planning Commission hereby determines that: 1. The proposed General Plan Land Use designation of High Density Residential is consistent with the subject property's location adjacent to a Secondary Highway and adjacent to the I -15 freeway. 2. The proposed change will not result in any significant adverse environmental impact on the environment. 3. Granting the requested General Plan designation will permit reasonable development of the property, with adequate future land use reviews and controls, consistent with the characteristics of the site and adjacent properties. 4. The proposed General Plan Land Use designation change will serve to further the Goals, Polices and Objectives of the General Plan regarding the appropriateness and placement of multi - family dwellings. 5. The General Plan Amendment is compatible with proposed development patterns in the surrounding vicinity. Section 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 88 -8 to amend the General Plan Land Use Element from Low Density Residential to High Density Residential based upon the findings presented herein. Section 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and conside ation of the City Council. Jef B wn, Chairman Lake E15'n r Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on November 29, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Saathoff, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTENTION: COMMISSIONERS: None Dave Gunrv4rman, Secretary to the P1 ning Commission RESOLUTION NO 89 -9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89 -5 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF 72.5 ACRES FROM A COMBINATION OF SPECIFIC PLAN AND FLOODPLAIN /FLOODWAY TO LOW DENSITY RESIDENTIAL The Planning Commission of the City of Lake Elsinore does resolve as follows: Section 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Ortega Partners for amendment to the 1982 General Plan Land Use Element to change the designation from a combination of Specific Plan and Floodplain /Floodway to Low Density Residential on 72.5 acres located northwesterly of Machado Street at the terminus of Lincoln; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; Section 2. The Planning Commission hereby determines that: 1. The proposed General Plan Amendment would establish a land use and allowed density move in keeping with the subject property's location, access and site characteristics. 2. A significant amount of land use circulation and planning has already been accomplished on the subject property and on surrounding properties to eliminate the need to prepare a Specific Plan. 3. Planned drainage improvements, to be funded and implemented as part of the West Lake Elsinore Assessment District, will remove the threat of flood hazards. 4. The proposed General Plan Land Use Designation is compatible with proposed surrounding uses and development patterns. Section 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 89 -5 to amend the General Plan Land Use Element from Specific Plan and Floodplain/ Floodway to Low Density Residential based upon the findings presented herein. Section 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. Lake Els n r Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on November 29, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Saathoff, and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTENTION: COMMISSIONERS: Wilsey -� —� Dave Gunde nan, Secretary to the Pla ing Commission RESOLUTION NO 89 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89 -10 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF 57 ACRES FROM A COMBINATION OF SPECIFIC PLAN AND FLOODPLAIN /FLOODWAY TO LOW DENSITY RESIDENTIAL The Planning Commission of the City of Lake Elsinore does resolve as follows: Section 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Marinita Development for amendment to the 1982 General Plan Land Use Element to change the designation from a combination of Specific Plan and Floodplain /Floodway to Low Density Residential on 57 acres located northwesterly of Machado Street at the terminus of Prince Street; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; Section 2. The Planning Commission hereby determines that: 1. The proposed General Plan Amendment would establish a land use and allow density more in keeping with the subject property's location, access and site characteristics. 2. A significant amount of land use, circulation and infrastructure planning has already been accomplished on the subject property which eliminates the need to prepare a Specific Plan. 3. Planned drainage improvements, to be funded and implemented as part of the West Lake Elsinore Assessment District, will remove the threat of flood hazard. 4. The proposed General Plan Land Use designation is compatible with surrounding uses and development patterns. Section 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 89 -10 to amend the General Plan Land Use Element from a combination of Specific Plan and Floodplain/ Floodway to Low Density Residential based upon the findings presented herein. Section 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. r3Y4yL {{(0.11 Lake Els' re Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on November 29, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Saathoff, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTENTION: COMMISSIONERS: None Dave GundpWman, Secretary to the PlcVning Commission RESOLUTION NO 89 -12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING ADOPTION OF GENERAL PLAN AMENDMENT 89 -11 TO THE LAND USE ELEMENT OF THE 1982 GENERAL PLAN CHANGING THE DESIGNATION OF 206.4 ACRES FROM SPECIFIC PLAN AND FLOODPLAIN /FLOODWAY TO LOW DENSITY RESIDENTIAL . The Planning Commission of the City of Lake Elsinore does resolve as follows: Section 1. The Planning Commission hereby certifies that there has been filed with the City of Lake Elsinore an application by Centex Homes for amendment to the 1982 General Plan Land Use Element to change the designation from Specific Plan and Floodplain /Floodway to Low Density Residential on 206.4 acres located on the south side of Mountain Avenue, west of Michigan Street; that due notice of said application has been given and public hearing conducted thereon pursuant to State Planning and Zoning Law and local ordinance; Section 2. The Planning Commission hereby determines that: 1. The proposed General Plan Amendment would establish a land use and allowed density range more in keeping with the subject property's location, access and unique site characteristics. 2. A significant amount of land use planning has already been accomplished on the subject property and on surrounding properties to eliminate the need to prepare a Specific Plan. 3. Planned drainage improvements, to be funded and implemented as part of the West Lake Elsinore Assessment District, will remove the threat of flood hazards. 4. The proposed General Plan Land Use designation is compatible with proposed surrounding uses and development patterns. Section 3. The Planning Commission hereby recommends that the City Council adopt General Plan Amendment 89 -11 to amend the General Plan Land Use Element from Specific Plan and Floodplain/ Floodway to Low Density Residential based upon the findings presented herein. Section 4. The Secretary of the Planning Commission shall certify to the adoption of this resolution and forward a copy to the City Clerk for reference and consider ion of the City Council. "= n, unairman Lake Elsi Planning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting thereof conducted on November 29, 1989, by the following roll call vote: AYES: COMMISSIONERS: Gilenson, Brinley, Saathoff, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTENTION: COMMISSIONERS: None Dave Guncy¢rman, Secretary to the Plfthning Commission RESOLUTION NO. 89 -13 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING APPROVAL OF A SPECIFIC PLAN FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS, the City Council of the City of Lake Elsinore (the "City ") has previously certified an Environmental Impact Report No. SCH 79082906 (the "EIR ") with respect to the Tuscany Hills Development (the "Project "); and WHEREAS, Homestead Land Development Corporation (the "Developer "), as developer of the Project, subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens' Kangaroo Rat habitat, to be implemented by a Conservaton Agreement among the City, the Developer, and the United States Fish and Wildlife Service (the "Conservation Agreement ") and an Agreement and Declaration of Covenants, Conditions and Restriction on Use ( "Declaration of Covenants "); and WHEREAS, the City has caused an Addendum to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, delivery and per- formance of the Conservation Agreement and Declaration of Covenants, and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single and multi - family development to a single - family development; and WHEREAS, the Planning Commission reviewed the EIR and the Second Addendum thereto, each prepared in accordance with the California Environmental Quality Act (CEQA), and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the Planning Commission has recommended that the City Council certify the Addendum to the EIR and has made the findings required by Section 15091 (a) of the State CEQA Guidelines, attached hereto as Attachment A; and WHEREAS, the Planning recommending that the City Co Restated 1980 Development Agreement and the Declaration Project. NOW, THEREFORE, BE Commission that: Commission is incil approve Agreement, of Covenants IT RESOLVED contemporaneously the Amended and the Conservation relating to the by the Planning Based upon the findings adopted hereby by the Planning Commission with regard to the approval of the Project, attached hereto as Attachment A, the Planning Commission hereby (i) finds that the Specific Plan for the Project area attached hereto as Exhibit D is consistent with the General Plan of the City, (ii) finds that the adoption of the Specific Plan is in the public interest, (iii) recommends that the City Council adopt the Specific Plan, and (iv) recommends that the City Council adopt the Mitigation Monitoring Program contained in Appendix 15 to the Specific Plan. PASSED AND ADOPTED th the following called vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTENTIONS: COMMISSIONERS: Attest: Dave Gun rman, Secretary to P1 ning Commission is 13th day of Decemeber, 1989, by Brinley, Saathoff, Wilsey and Brown None Gilenson None By: of Brown, Chairman Lake El in re Planning Commission lx ATTACHMENT A TO RESOLUTION 8913 TABLE OF CONTENTS FINDINGS AND FACT TN g ppORT OF FINDIN 1. FINDINGS REGARDING SIGNIFICANT EFFECTS THAT CANNOT FEASIBLY BE MITIGATED TO A LEVEL OF INSIGNIFICANCE 1.1 Topography 1.2 Seismic Impacts 1.3 Air Quality 1.4 Biological Environmental 2. POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR WHICH CAN BE MITIGATED TO A LEVEL OF INSIGNIFICANCE 2.1 Geology and Soils 2.2 Hydrology and Flood Control 2.3 Climate 2.4 Cultural Resources 2.5 Land Use, Zoning and General Plan 2.6 Traffic and Circulation 2.7 Public Services and Utilities 2.8 Energy Conservation -i- I I, f i 2.9 Growth Inducing Impacts 2.10 Cumulative Impacts 3. FINDINGS REGARDING ALTERNATIVES 3.1 No Project Alternative 3.2 Decreased Overall Density Alternative 3.3 Increased Overall Density Alternative 4. FINDINGS REGARDING MITIGATION MONITORING PROGRAM 4.1 Requirement of Mitigation Monitoring Program -ii- �'I/ FA •J• • 04 • , • • • Y�Y • , • s y • •i The State Guidelines ('Guidelines ") promulgated pursuant to the California Environmental Quality Act ( "CEQA ") provide as follows (Guidelines Section 15091): (a) No public agency shall approve or carry out a project for which an EIR has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects, accompanied by a brief explanation of the rationale for each finding. The possible findings are: (1) Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effects as identified in the final EIR. [This finding shall b r fPrr d o ac " finding LII "1 (2) Such changes or alterations are within the responsibility and jurisdiction of another Public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [This findinv shall b f r d as "_finding (71.01 (3) Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. [This finding shall b r red to as 'finding M."] -1- ll 1-:1 I r Findings required for residential projects are further explained in Guidelines Section 15183. The Environmental Impact Report ( "EIR "). for the Tuscany Hills residential project ( "Project ") proposed by Homestead Land Development Corporation identifies significant effects on the environment which may occur as a result of the Project. Section 1 of this Attachment identifies the significant environmental effects of the Project which cannot feasibly be mitigated to a level of insignificance. Section 2 sets forth potential environmental effects of the Project which are not significant because of the design of the Project or which can feasibly be mitigated to a level of insignificance. Section 3 provides findings regarding the alternataives discussed in the EIR. Section 4 contains findings regarding the Mitigation Monitoring Program for the Project. The findings set forth in each section are supported by facts established in the administrative record of the Project. 1. FINDINGS REGARDING SIGNIFICANT EFFECT THAT CANNOT FEASIBLY BE MITIGATED TO A LEVEL OF INSIGNIFICANrE The City has determined that EIR mitigation measures and proposals included as part of the Project will result in substantial mitigation of the following effect`s, but that these effects cannot feasibly be mitigated to a level of insignificance. LVLV.... � 1.1.1 Significant ff -t: The Project will moderately alter the topography of the Project site. Grading of home sites will level some of the ridge and hilltop areas, and many smaller canyons will be filled. (1) and (3). Findings: The City hereby makes findings Facts in Support of Findings: The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) The larger lots in the southern portion of the site will help reduce topographic changes to the steeper slopes in this area. -2- WO-=-Z • (b) All City ordinances related to grading Will be followed to minimize topographic changes. (c) Grading and earthwork improvements will be balanced on -site. (d) To the maximum extent feasible, grading activities will conform the existing land contours. (e) Approximately 170 acres within the southern portion of the Project site will remain in their natural and ungraded state. Further, the estate lots to be developed in the southern half of the Project will encompass 57 acres on which only limited grading will occur. Approximately 33 acres in the northern portion of the Project site will be left as open space in its natural state, another 34 acres in the northern portion will be developed for park, recreation and lake uses and a 31 acre wildlife corridor. (f) Single - loaded streets will be utilized to help maintain the natural land form. 1.2 Seismic Impacts: 1.2.1 Significant t Due to the large number of fault zones in the State of California, and within or nearby the City, the Project and all surrounding areas are in proximity to a number of significant fault areas. The Project site is approximately 1/2 mile at its closest from the Elsinore Fault Zone, and is relatively proximate to the Glen Ivy Fault, the Willard Fault and the Wildomare Fault. Additionally, the Project site is approximately 20. miles from the San Jacinto Fault and approximately 30 miles from the San Andreas Fault. A study performed by GeoSoils, Inc. indicates that the Project site may be subject to an earthquake of magnitude 6.0 or greater during the next 50 years. Earthquakes of such magnitude could cause damage to residential units. (1) and (3). Findings: The City hereby makes findings Facts in Support of Finding : The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) The design of fill slopes and embankments will be sufficient to minimize earthquake impacts. Proper design, compaction and construction will -3- It n i IF, 1� reduce the potential for landslide impacts on manmade slopes. (b) All proper design criteria will be employed to minimize potential impacts to and from local geologic formations. All seismic building requirements will be met to reduce or eliminate impacts from seismic activity on structures. Proper engineering will ensure foundation integrity against differential settling. 1.3 Air Ouality 1.3.1 Significant Effect: The City and the Project site are within a region which is a nonattainment area for ozone and particulate matter (PM -10). The Project will adversely impact both local and regional air quality during the construction phase and during the lifetime of the completed Project. Construction activities will generate on -site fumes and odors from construction machinery, as well as exposing a large area of bare earth to wind which may result in the generation of significant amounts of dust. These construction impacts may be expected during all phases of construction, but will be short -term impacts in nature. Long term impacts will result from vehicular traffic associated with the Project, off -site electricity production, and on -site consumption of natural gas and other sources such as fireplaces. Findings: The City hereby makes findings (1), (2) and (3). Facts in Support of Findings: The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) Dust generation will be controlled by watering areas prior to and during grading. Landscape vegetation will be introduced as soon as construction is completed.. (b) The number of vehicle miles traveled for home -to -work trips may be reduced by: 1) various L governmental efforts to induce more employers to locate in the Tri- Community Area to reduce trip length; and 2) governmental efforts to provide bus service from the Project area to employment centers in surrounding areas. (c) The developer will provide information concerning the Cal -Trans ride- sharing program to new home buyers at its sales office. -4- (d) The neighborhood commercial center will provide for a portion of the retail needs of the Project residents. (e) The Project developer will use energy conserving design and construction techniques as required under State law and will comply with the requirements of Title 24 of the California Code of Regulations. (f) The Project is in compliance with the South Coast Air Quality Management Plan. .. .�� 1.4.1 Potential Effect: The site contains various types of habitats having some biological value: coastal - inland and coastal sage scrub; riparian woodlands; and brushy slopes and Bosanko clay exposures. Within the sage scrub habitat, the presence of the Stephens' Kangaroo Rat (a federal endangered species) has been identified. Riparian habitat exists along some drainage areas (San Jacinto River tributories). Development of the Project will result in the removal of roughly 2 /3rds of the existing coastal sage scrub habitat from the Project site. As this habitat is removed during construction phases, associated on -site wildlife (including the Stephens' Kangaroo Rat) will decline as individuals are either destroyed or displaced to adjacent habitat areas. Displaced individuals will crowd and disrupt adjacent local populations temporarily until competition and predation return populations to habitat carrying capacity levels. Wide ranging mammals and birds of prey will no longer be able to use the Project site for foraging activities. Certain sensitive avian species, including the golden eagle, the white - tailed kite, the red shouldered hawk, osprey and the California black - tailed gnatcatcher, may frequent certain areas of the Project site. Further, development of the Project will constitute an incremental loss in vegetation and wildlife resources which, when considered with other development projects scheduled or contemplated for development within the City of Lake Elsinore area, contribute to a cumulative loss of biological resources from the area. (1) and (3). Findings: The City hereby makes findings Facts in Support of Findings: The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. -5- n (a) Development of the study site will begin in the southern portion and will progress northward in phases. Phasing will allow for a more orderly movement of larger animals from the study site to surrounding undeveloped area.. However, many smaller animals (rodents and reptiles) will probably not move out of the study site and will be destroyed. The 'open space area in the southern portion of the study area will provide habitats for some of these smaller animals. Once the development is complete more tolerant species, especially song birds, may move back into the area. (b) Natural contours and topographic features will be preserved to the greatest extent possible in the open space areas and within a planned 31 acre wildlife corridor. The wildlife corridor provides potential links to existing Federal Bureau of Land Management parcels. Natural open space areas of the Project comprise approximately 170 acres, including 117 acre parcel near the watertank site, and a 37 acre open space /park area, which will be offered for dedication to the City. In total, open space, parks, private recreation areas, lake and wildlife corridor areas comprise approximately 353 acres. An additional 88 acres of manufactured slopes will be contained within the Project site. (c) Protection of open space and riparian settings will be accomplished through compliance with Fish and Game Code Section 1603 and the issuance of a 1601/1603 permit from the California Department of Fish and Game. (d) A variety of species will be used for landscaping, as appropriate to soil conditions. (e) The Project developer has obtained a California Department of Fish and Game 1603 permit with respect to modification of steam courses in riparian areas. The Project developer will comply with all the requirements of this permit to mitigate impacts on riparian areas. (f) Prior to grading any occupied Stephens' Kangaroo Rat ( "SKR ") habitat at the Tuscany Hills site, the developer shall acquire in fee simple absolute the Initial Preserve Site, as described in the Conservation Agreement, and shall execute an irrevocable offer of dedication of the Initial Preserve Site to the City or to another entity approved by the United States Fish and Wildlife Service. Qfl I V_� l ),/ (g) Prior to grading any occupied SKR habitat in excess of 235.3 acres at the Tuscany Hills site, the developer shall acquire in fee simple absolute the Secondary Preserve Site, as described in the Conservation Agreement, and shall execute an irrevocable offer of dedication of the Secondary Preserve Site to the City or to another entity approved by the United States Fish and Wildlife Service. (h) The developer and its successors in interest shall manage the Initial Preserve Site and the Secondary Preserve Site in a manner which is consistent with the conservation and protection of the SKR and its habitat. (i) The authorization to take any endangered or threatened species, pursuant to Sections 7(b)(4) and 7(o)(2) of the Endangered Species Act of 1973, as amended, shall not be effective until the developer executes the Conservation Agreement and completes the acquisition of that Initial Preserve Site described therein. The extent of any authorization to take any endangered or threatened species shall be limited to the grading of not more than 235.3 acres of occupied SKR Habitat until the developer completes the acquisition of the Secondary Preserve Site, as set forth therein. (j) The developer and its successors in interest shall not alter or modify any SKR habitat in the Initial Preserve Site or the Secondary Preserve Site without prior approval by the United States Fish and Wildlife Service. (k) Authorization for incidental take will be conditioned upon implementation and compliance with the Conservation Plan as required by the Conservation Agreement to be signed by the developer, the United States Fish and Wildlife Service, and the City. (1) The developer and its successors in interest shall comply with the reporting requirements of the Conservation Agreement and Conservation Plan. (m) If incidental take at any time does not comply with the provisions established in the Incidental Take statement, the developer shall ensure that the causative action cease immediately,`and shall seek the immediate assistance of the United States Fish and Wildlife Service (Laguna Niguel Field Office) to evaluate the impacts of incidental take and make recommendations to rectify the situation. -7- Z 1 I k� l 1/ (n) Any Stephens' Kangaroo Rats recovered shall be deposited in the mammal collection of the Natural History Museum, County of Los Angeles. 4• \ \\ 1.10R 141 J. The City has determined that the following effects will not be significant, for the reasons stated below. .. :,. EMU 2.1.1 Potential Effect: Development of the Project will require substantial grading and fill activities, and will disturb local soils. Findings: The City hereby makes finding (1). Facts in Support of Findinas: The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the Project will disturb overlying soil units but will not appreciably impact underlying geologic strata. (b) Earthwork will balance cut and fill onsite and will not require any import or export of soil. Grading activities will conform as much as possible to existing contours. All proper soil and engineering analyses will be done prior to grading. All grading activities will conform to City requirements. All soils onsite can be worked with a minimum amount of preparation, with the exception of the Bosanko clays. Proper caution will be exercised during removal or fill - mixing with these clays to eliminate any possible impacts related to expansion. (c) Construction activities such as watering and soil stockpiling will be monitored to control onsite and offsite soil erosion. (d) Only Class II Garretson Soils has any significant value for agricultural use, among those soils l found on the Project site. These soils are found on less than 1 percent of the Project site. All other onsite soils have only limited or very limited agricultural usefulness. -8- ) / . .. ... . 2.2.1 Potential Effect: The Project will alter the runoff characteristics of the Project site, as a result of the introduction of impervious roadways, sidewalks and buildings. Further, construction activities will temporarily increase loads to local drainage channels. Following Project implementation, runoff from the Project site will contain increased amounts of urban pollutants, including various hydrocarbons, tire rubber and other automobile. pollutants, pesticides and sediments from landscaped areas, paint or other coating substances, dust, and sediments from residential structures. Findings: The City hereby makes finding (1). Facts in Sugnort of Find+nas: The following measures will mitigate the identified impact to a level of insignificance. y (a) The Project site' is not exposed to any regional flood hazard due to its elevation above the San Jacinto River. (b) Construction activities will be designed to contain offsite runoff. Watering will be kept to the minimum required for compaction and dust suppression. Any steep, exposed man -made slopes will be covered or hydroseeded to prevent offsite sediment transport. (c) The slope modifications on the Project site, together with the large amount of landscaping and open space, will tend to balance the overall runoff from the Project site. (d) Subdrains will be constructed in canyon fill areas where necessary. These drains will collect existing and future groundwater flows. Surface drains and subdrains may be necessary for buttress or fill stabilization. All required curb, gutter and storm drain structures will be constructed to channel surface runoff offsite. (e) Frequent street cleaning by the City will reduce the potential for runoff pollutants produced by this Project. (f) Specific drainage systems will be designed as each planning area within the Project site develops. All drainage systems will comply with adopted -9- i City standards. Drainage systems shall drainage channels to the greatest extent improvements as necessary to accommodat e from new development. utilize natural possible, with expected flows (g) The developer will construct drains and subdrains to intercept run -off. The developer will establish an erosion control plan to be in effect during and after construction to be subject to approval of the Chief Building Official prior to issuance of grading permits. (h) The developer will develop a Master Landscape.l nstallation and Maintenance Plan for public and private land areas to be subject to approval of the Community Development Director or his designee. 2.3 Climate: 2.3.1 Potential Effect: Development of the Project si=te will affect the local micro - climate. Impacts include increased humidity due to irrigation of public and private landscaping, changes in low level on -site wind patterns dine to building construction, and modifications to land -to: -air thermal relationships caused by building shade andaandscaping, heat absorption and retention by buildingsicetc. Findings: The City hereby makes findings (1) and (3). (a) Micro - climate impacts of the development of the Project are not expected to extend beyond the p=roject boundaries. These impacts are not expected to be adverse or significant. No feasible mitigation - measures exist which could reduce the anticipated. minor impacts on the local micro- climate. 2.4 CCulturad Resources 2.4.1 1 Potential Effect: The general area of the Project site was heavily utilized by aboriginal populations. A significant native American village complex has, been documented to the north of the Project site. Onerspreviously unrecorded prehistoric archaeological site has been located on the southern portion of °_the site. In addition, areas of historic use have been documented in the southern portion of the Project site and in a limited portion of the northern half -10- . W --i i of the Project site. These sites appear to have been used during the Railroad/Modern period (1881 to present). The historical sites located within the boundaries of the Project site include the Wrench Gold and Slate Prospect Site, located within the proposed wildlife corridor, a segment of the old Railroad Canyon Road and Railroad Bridge, located along the Project site's easterly boundary adjoining the San Jacinto River, the remains of the Ella Van Fossen residence, and the Riv -698 prehistoric site. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The developer shall provide further testing and documentation of sites and appropriate mitigation as recommended by a qualified archaeologist prior to issuance of further grading permits. Appropriate mitigative measures will be undertaken to reduce or eliminate adverse impacts to any subsequently discovered archaeological resources. (b) Further, the developer shall provide a qualified paleontologist to be present during grading, empowered to stop grading temporarily for the recovery of fossil remains during grading within suspect geologic formations as identified in preliminary and final geologic and soils retorts. 2.5.1 Potential Effect: The Specific Plan for the Project must be consistent with the City's General Plan. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The Project is consistent with the current General Plan of the City, as the site land use designation in the General Plan is - Specific Plan Area ", as is also consistent with the current draft of the City's proposed new general plan. (b) The Specific Plan is in conformance with the intent of the City's General Plan (and its elements) for the reasons stated below:' -11- vw - -I n I (1) Land Use Element: The Project site is designated Specific Plan Area (SPA) and the developer of the Project is processing the development under a specific plan. (2) Circulation Element: The Project design provides adequate internal circulation, and the Project will be required to participate in an assessment district for off -site traffic improvements. (3) Environmental Resources Management Element: The Project provides 207 acres of open space and wildlife corridor areas, as well as 46 acres of recreational and park areas; in addition, pursuant to the Conservation Plan, several hundred acres of additional land will be acquired by the Project developer off -site, and dedicated for preservation of Stephen's Kangaroo Rat habitat. The Project will include firebreak areas, provision for adequate site drainage, and all buildings will be constructed to meet seismic safety standards under City requirements. (4) Noise: The Project will be developed in accordance with the requirements of Chapter 17.14 of the City's Zoning Ordinance relating to requirements for acoustical analysis of residential projects. (5) Community Design Element: The Project site is located within areas of the City which are to be developed under specific plan procedures, pursuant to the City's General Plan. The Project is a planned development, governed by the provisions of the Specific Plan, and thus will present a "planned" view under the Design Guidelines of the Specific Plan. (6) Housing: Development of the Project will help to provide a portion of the full range of housing types which are necessary to meet the needs of the residents and the community of the City of Lake Elsinore. 2.5.2 Potent currently zoned R -1, implement the Projec changes for Specific in the Specific Plan Findin [al Effect: The Project site is R -2, R -3, C -1 and OS -RE. In order to t under the Specific Plan, zone Plan Zoning are required as described for the Project. al: The City hereby makes finding (1). -12- W °� Facts in SUnV0Zt of Findinos The following measures will mitigate the identified impact to a level of insignificance. (a) The Specific Plan for the Project is being processed under City Code Section 17.99.060, Nonconditional (SP) Specific Plan Zoning Procedure. Pursuant to this procedure, the Project will receive the (SP) Specific Plan zoning designation concurrently with the approval of the Specific Plan documents. Zoning within the Specific Plan area will be governed by the Specific Plan. The Project developer shall comply with all provisions of the Zoning Ordinance for the City, including all applicable provisions of Chapter 17.99 of the Zoning Ordinance, and the provisions of the Specific Plan. To the extent of any conflict between the Zoning Ordinance and the Specific Plan, the provisions of the Specific Plan will govern. (b) The location and design of the Project are consistent with the goals and policies of the City's General Plan and with all other applicable plan or policies adopted by the City to date, for the reasons set forth in Section 2.5.1 above.' (c) The Project site allows the development of the Project to be well integrated with the Project site surroundings. (d) All vehicular traffic generated by the Project will be accommodated safely and without causing undue congestion upon adjoining streets, for the reasons specified in Section 2.6.1. (e) The Specific Plan describes a methodology for assuring the .`adequate provision of public services and facilities for the land uses specified in the Specific Plan. (f) The overall design of the Specific Plan will produce an attractive, efficient and stable development. 2.5.3 Potential Effect: The development will change the existing site from its current undeveloped status to medium and low density residential, open space, school and neighborhood commercial uses. Surrounding land uses include agricultural lands, mainly on the northwest and southeast ends of the Canyon Lake subregion, a large flood plain located adjacent to the southeastern end of the lake, the Canyon Lake residential community, located -13- n Fl III to the east of the lake, the Ramsgate Specific Plan area (mixed use residential), located west of the Project site, the Cottonwood Hills development (mixed use residential), located southeast of the Project site and the Friedman property (mixed use residential), located to the south of the Project. Findings: The City hereby makes finding (1) with respect to all land use impact except those specifically identified in Section 1.1. Facts in Support of Findinas: The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the project will result in significant amounts of grading of the Project site. - -- Each of the Facts in Support of Findings contained in Section 1.1 is hereby incorporated by reference. (b) Surrounding developments are consistent with the land uses proposed in the Specific Plan for the Project, including residential land uses, neighborhood commercial land uses, parks, recreation and open space areas, and a school site. (c) The development standards and design - guidelines for the Project specified in the Specific Plan will ensure that the land uses planned for the Project and the development of the Project will be compatible with the surrounding land uses. 2.6 Traffic and circulation 2.6.1 Potential Effect: The Project includes the construction of approximately 2,000 single family dwelling units. New residents will generate vehicular trips that are both internal and external to the Project site. Forecasted trips per day, from the traffic study appended as Appendix C to the Addendum to the Final Environmental Impact Report, dated October, 1989, suggest that the 2,000 dwelling units contained within the Project could generate up to 17,100 trips per day, of which 7,400 trips per day would have origins or destinations external to the Project site. These additional trips, together with vehicle trips generated by proposed surrounding developments, will have an impact on both internal and external roadways. Findings: The City hereby makes finding (1). -14- )_1 Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The forecasted average daily trips in the traffic study suggest that, at the maximum, traffic on the proposed internal circulation system would be approximately 95% of its roadway design capacity (Level of Service "C"). (b) The Project could add up to 3,000 trips per day to Railroad Canyon Road near the I -15 Interchange, which road would then be at 92%,of its roadway design capacity (Level of Service "C "). Additional capacity is available for other development projects. (c) The Project could add up to 2,960 trips per day to Greenwald Avenue, increasing the total average daily trips for that roadway to 7,360. Greenwald Avenue would then be at 61% of its roadway design capacity (Level of Service "C "). Additional capacity is available for other development projects. (d) The proposed development has an adequate internal circulation system to handle projected traffic loads. (e) All minor streets intersecting with the proposed 88 -foot north -south "Secondary Arterial" will be controlled by stop signs on the minor streets . (f) The approaches of the internal roadways toward Greenwald Avenue will be controlled by stop signs. (g) The Project is required to participate in an assessment district for off -site improvements. If a traffic signal is ultimately warranted at the intersection of Summerhill Drive and Railroad Canyon Road, the Project developer would contribute that portion of the signal cost which corresponds to the volume of intersection traffic caused by the Project. (h) The developer shall provide information concerning the Cal -Trans ride - sharing program to new home buyers at its sales office. (i) The Facts in Support of Findings in (b) and (c) of Section 1.3.1 are hereby incorporated by reference. -15- v') IV r 2.7 Public Services and Utilities 2.7.1 Potential Effect: The Project will increase demand on local water supplies. The Project is expected to require 1.0 million gallons per day for residential use and 0.63 million gallons per day for park, recreation areas and schools. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The source of water supply to the Project will be via an Elsinore Valley Municipal Water District System. The District's treatment plant west of Canyon Lake Dam has a capacity of 15 million gallons per day, which is sufficient to serve contemplated future development within the Lake Elsinore area. In addition, the District owns rights to 3,000 acre feet of the storage capacity in the Railroad Canyon Reservoir. The Project developer has received a "will- serve" letter from the District for the southern portion of the Site. (b) Tuscany Hills will of construction. constructed in the improvements. (c) devices recognized The water distribution system for be phased in accordance with the phases Mater storage facilities will be first phase of infrastructure The developer will use all water saving by State law. 2.7.2 Potential Effect: The Project will increase, the demand for wastewater treatment services. The Project is anticipated to generate an average daily flow of 0.51 million gallons per day. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The existing Elsinore Valley Municipal Water District Sewage Treatment Plant, located approximately 5 miles northwest of the Project site, is proposed to be expanded to a capacity of 3.0 million gallons per day by 1990. Ultimately the capacity of this plant will be 5.0 million gallons per day. In addition, a -16- ■, 1� new treatment plant is proposed in the Elsinore Valley Municipal Water District Master Plan, to be located west of the Project site. The sizing and construction of all sewer facilities has been and will continue to be coordinated through the Elsinore Valley Municipal Water District. (b) The Project developer will provide necessary on -site lift stations and extend lateral lines to the existing regional sewage treatment facility. 2.7.3 Potential *; The Project is expected to generate a maximum of 15 tons per day of solid waste. Currently, residential solid waste produced in the Lake Elsinore area is disposed of in the Double Butte landfill site located at 31710 Grand Avenue in Winchester. The site is owned and operated by the County of Riverside. Development of the Project will shorten the useful life of this landfill, Findings: The City hereby makes finding (2). Facts in SLnno o ma s: The following measures will mitigate the identified impact to a level of insignificance. (a) Riverside County is currently reviewing the potential for expansion of the present site or alternative facilities under its State law obligations relating to solid waste plans. Such expansion or alternative facilities will provide solid waste service for the Project. 2.7.4 Potential Effect: Development of the Project may increase the demand for natural gas. Findings: The City hereby makes finding (1). Eact_ s in SDpoort of Findings: The following measures will mitigate the identified impact to a level of insignificance. limits of the Southern CaliforniatGassCompany, the service (b) The Facts in Support of Findings in Section 1.3.1(e) are hereby incorporated by reference. 2.7.5 Potential rffe= Development of the Project will increase the demand for electric service. -17- ww= Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The Project site is within the Southern California Edison Company service area. Power lines will be placed underground. (b) The Facts in Support of Findings in Section 1.3.1(e) are hereby incorporated by reference. (c) The Project will be phased to reduce large electricity consumption during initial years. 2.7.6 Potential Effect: Development of the . Project will increase demand for telephone service. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will result in a substantial reduction of the adverse impacts of the identified significant effect. (a) The Project site is within the General Telephone Company service area. All new telephone lines will be buried. 2.7.7 Potential Effect: Development of the Project will increase the demand on police protection services. The Riverside County Sheriff's Department currently provides police protection services for the Project area. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The Riverside County Sheriff's Department will provide police protection services to the Project site from an existing police substation located at L_ 117 South Langstaff in the City. This station is located approximately 10 miles from the Project site, with an average response time of less than 10 minutes. (b) Street patterns and building locations will be designed for good visibility. -18- (c) Tax revenue from the Project will provide additional funding for any increase in police protection. 2.7.8 Potential ct: Development of the proposed Project will eliminate some native sage scrub vegetation and replace it with houses and ornamental landscaping. In addition to the fire hazards to new homes, brush fire hazards will still exist on the portion of the Project site left in open space. The Project site is within an area of extreme wildland fire danger due to unique weather factors, topography and other risk influences. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. . (a) The Riverside County Fire Department, under contract with the City, will provide fire protection services to the Project. Services will be provided from the Elsinore fire station located at 410 West Grand and from the substation at Greenwald Avenue. Response times will vary between 5 and 12 minutes to any location within the Project site. - (b) fire break in open areas. Additional will provide funds a one -acre site wi station. Brush will be cleared to establish a space immediately adjacent to developed tax revenue derived from the Project for added fire protection services and ll be preserved for a future fire (c) The developer will establish fire breaks in accordance with appropriate standards and establish a fire break plan approved by Riverside County Fire Department and the Community Development Director. 2.7.9 Potential Effect: Development of the Project will generate additional demand for educational services. Existing school facilities are near or at capacity. The Project site is located within the Lake Elsinore Unified School District. Findings: The City hereby makes finding (1). Facts in S3�`port of Finding : The following measures will mitigate the identified impact to a level of insignificance., -19- i V] D �z/ (a) An agreement has been reached between the developer and the Lake Elsinore Unified School District pursuant to which an 11 -acre elementary school site and an adjacent 5 -acre park will be provided in the central portion of the Project site. There will be a further agreement between the Project developer and the school district covering mitigation of impacts on high school services. 2.7.10 Potential Effect: Development of the Project will result in an increased demand for parks and recreational facilities.. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) Lake Elsinore is a state recreational area, and Lake Elsinore State Park is located on the northwest shore of the Lake near the Project site. In addition, two County parks are located in the vicinity of the Project site, Kabian Park and Lake Skinner County Park. Further, Yarborough Park is located in the downtown area of the City, approximately 2 miles to the east of the Project site. (b) Three park sites are provided in the development plans for the Project, for a total of approximately 46 acres of park site; additionally, there is a 26 -acre lake located in the northern portion of the site. Parks, private recreation areas, open space and a wildlife corridor and lake area comprise approximately 253 acres of the total Project site. Recreation area facilities include a swimming pool, basketball and tennis courts, picnic areas and totlots. 2.8.1 Potential Effect: Development of the Project will result in increased energy consumption, both for vehicle trips and for household and commercial uses. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. -20- sm� (a) The Facts in Support of Findings contained in Section 1.3.1 (b), (c), (d) and (e) are hereby incorporated by reference. (b) The Project will be phased to reduce large energy consumption during the initial years of Project development. m ,• Ctmy-mwl 2.9.1 Potential Effect: Due to the increase in the number of residents as a result of the Project development, growth in local retail and service business is likely, as is an increase in government employment for purposes of providing new services to residents of the Project. Due to these increases in demand for various services, some additional development in areas nearby to the Project site is anticipated. Findings: The City hereby makes finding (1). Facts in Support of Findings: The following measures will mitigate the identified impact to a level of insignificance. (a) The developer of the Project will dedicate an it acre elementary school site and pay school fees (or make equivalent dedications, etc.) to the Lake Elsinore Unified School District pursuant to a revised agreement with the district. (b) Development of the Project includes a small neighborhood commercial center to provide retail and other services to Project residents. (c) Development of the Project will be phased so that impacts to existing conditions will occur gradually. 2.10 Cumulative Impacts 2.10.1 Potential Effect: Three other development projects have been approved in the general vicinity of the Project site, Ramsgate, Cottonwood Hills and the Friedman property. The effects of these projects, in addition to the effects of the Project, could have adverse cumulative impacts on biological resources (vegetation and wildlife), air quality and traffic. -21- i Findinas: The City hereby makes finding(s) (1) and (2) with respect to all cumulative impacts other than those impacts discussed in Sections 1.3 and 1.4: Facts in Support of Finding : The following measures will mitigate the identified impact to a level of insignificance. (a) Development of the surrounding projects may be expected to have an adverse cumulative impact on the habitat of the Stephens' Kangaroo Rat. Development projects in the vicinity of the,Project will be required to participate in Riverside County fee programs to find purchases of high - quality SKR habitat preserve, or to participate in the Riverside County Habitat Conservation Program, once this program is approved. (b) The Facts in Support of Findings in Sections 1.3 and 2.6.1(b) and (c) are hereby incorporated by reference. 3.1 "No Project" Alternative. 3.1.1 Description of Alternative: The EIR describes the "no project" alternative as a continuation of existing conditions on the Project site. 3.1.2 ._- —, nkkccuS DL rne Y The City hereby finds that the "no project" alternative is environmentally superior to the Project because it would eliminate those environmental effects of the Project identified in Sections 1 and 2. 3.1.3 Fff-ctiv n Ss in Meeting Project Obiectives: The "no project- alternative would not meet Project objectives specified in the EIR because it would not satisfy, in part, the demand for quality dwelling units in the Lake Elsinore area, would not create a residential environment providing open space, park, wildlife corridor areas and recreational facilities, and would not provide the developer of the Project with a reasonable return on his investment. Additionally, the "no project" alternative would not provide the benefits associated with the acquisition of Stephens' Kangaroo Rat habitat off -site, including the opportunities for enhanced management of Stephens' Kangaroo Rat habitat and opportunities for preservation of that endangered species. Further, the -no project" alternative would -22- sires, 0 �'/ result in increased demand in areas surrounding the City of Lake Elsinore for residential developments of the type proposed in the Project, with a resultant loss of control over development within the City limits and the City's sphere of influence. 3.1.4 Feasibility: The "no project" alternative is not feasible. Facts in Support of Findinas: (a) The "no project" alternative is not feasible because this alternative fails to meet any of the Project objectives or to provide any of the Project benefits set forth in Section 3.1.3. (b) The "no project" alternative is infeasible because it fails to provide the economic and social benefits described in Section 3.1.3, including enhancement of the long -term survivability of the Stephens' Kangaroo Rat, provision of housing within the City in furtherance of the General Plan, and maintenance of City control over local residential development. 3.2 Decreased Overall Density Alternative 3.2.1 Description of Alternative: This alternative would involve a reduction in the number of single family dwelling units below the minimum number proposed by the developer. 3.2.2 comparison of the Effects of the Alternative to the Effects of the'Proposed Project: The City hereby finds that this alternative is environmentally superior to the Project because it would reduce the adverse impacts. described in Sections 1 and 2 associated with the proposed Project. 3.2.3 Effectiveness in Meeting Project Objectives: The decreased overall density alternative would not meet Project objectives specified in the EIR because it would not result in economically feasible development on the Project site based on market conditions (need more facts in the record]. Therefore, none of the Project benefits identified in Section 3.1.3 would be achieved. 3.2.4 Feasibilitv: The decreased overall density alternative is not feasible. -23- �-�, i Facts In support of Findings: This alternative would require development of the Project site in a fashion which is economically infeasible based on current conditions. The Project applicant has concluded that this alternative is not economically feasible due to the significant amounts of grading which must be accomplished to allow any residential development to occur at the Project site. Although the adverse environmental impacts identified in Section 2 would be somewhat reduced if a lower overall density of development on the Project site were to be achieved, the density reduction would effectively stop the Project from being developed and therefore the concommitant benefits of the Project described under Section 3.1.3 would be lost. 3.3.1 Description of Alternative: This alternative would increase the number of single family units to be developed on the Project site above the 2,000 units proposed by the Project developer. 3.3.2 Comparison of the Effects of h Alternative to the is of the Proposed Project: The City hereby finds that this alternative is not environmentally - superior to the Project. ... ,. ,. (a) increased overall density would result in a greater demand on off -site traffic infrastructure, public services (including police and fire protection, schools, potable water supplies, wastewater treatment, and solid waste disposal) and public utilities services. Adverse air quality impacts would be increased, and, unless additional units were tightly clustered, impacts on topography and land forms would be exacerbated. Project site drainage could be adversely affected as well. 3.3.3 Effectiv n in M- ** Project Objectives: The increased overall density alternative would meet the Project objectives. 3.3.4 Feasibility: The increased overall density alternataive is feasible, but would result in increased levels of adverse impacts on the environment. -24- 1/ J b 1 Section 21081.6 of the Public Resources Code requires that when a public agency is making the findings required by Section 21081(a) of the Public Resources Code, that Agency shall adopt a reporting or monitoring program for the changes to the Project which it has adopted or made a condition of Project approval in order to mitigate or avoid significant effects on the environment. The City hereby finds that the Mitigation Reporting and Monitoring Program set forth in Exhibit _'to meets the requirements of Section 21081.6 of the Public Resources Code. COHEN: 101 -25- ��7 I iI f' �I I (I 141 1:41 0 LEI k APPENDIX 15 TO THE SPECIFIC PLAN TO RESOLUTION 8913 AND NOVEMBER 1989 n It` t �, i 1 L 11 TUSCANY HILLS MITIGATION MONITORING AND REPORTING PROGRAM Recently enacted legislation (Assembly Bill 3180), codified as Section 21081.6 of the Public Resource Code, requires public agencies to set up monitoring and reporting programs for the purpose of ensuring compliance with those mitigation measures identified in environmental impact reports and negative declarations, and adopted as conditions of project approval. Presented in the accompanying matrix are those mitigation measures which have been identified in the "Findings and Facts in Support of Findings Adopted by the City Council of the City of Lake Elsinore Regarding the Environmental Impact Report for the Homestead Land Development Corporation Tuscany Hills Development." 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Y U Y M i U i Y >, a) Y -•- C -0 C r Y W C )o (1) a) L W a) O_ f-. Y N CO L O a) o C 4- to C L a) 0 4,00 N O)•n N C eu Y N m > •U D E N Y •O E o i a) C O (1) C. = L •- Y 2 O N U 0.- >> a) L 1E L L O U.0 b R 7 Y N Y )o > Y ]C C.Y O U S- M C. >, C. 'O •O C t0 r •O a) (1) G E_0 Y O L •.- Y i C C a) a) ^ C S• > CJ m C- Y 4- a) C. G O) w a j ) O E N M ^ E N O N G C-010 =• O O C C. a) U Y Y C. Y C C a) 0) "'0 ]G Y O L K t •�- 0-0 S- r U m O U N Y a) E >, i 0 C N L U O. •r Y Y r= a) N r r d U L O.Y -- S. C R 3 c (1) r E CO •n =1 (D •n a) to n o •, = m 4- >, n a) c E 0 0 > U E Y o E > 0> O_ a r G O'> Y -0 O M L U m C O a) Si O m i Co E Y a) •1 a) O O •r- .- S. C7 — U L L U O to > U S- G' +> r Y N Y O) n O LO V7 ti r i ■ El El EXHIBIT D TO RESOLUTION 8913 SUBMITTED TO: CITY OF LAKE ELSINORE NOVEMBER 1989 ` TUSCANY HILLS SPECIFIC PLAN PREPARED FOR -_ HOMESTEAD LAND DEVELOPMENT CORPORATION NOVEMBER, 1989 r H I C f 1. L I� l_ TABLE OF CONTENTS Section page I. Executive Summary .................. ............................... 1 II. Introduction ....................... ............................... 3 ^g Site Description ............... ............................... 3 ProjectOverview .............. ............................... 3 ProjectHistory ................ ............................... 3 Purpose and Objectives .... :..:................................ 7 III. Site Analysis ....................... ............................... 9 Topography.................. ............................... 9 Geology..................... ............................... 9 Seismicity................................................... 9 Soils...................... ............................... 10 Hydrology................................................. 10 Biology.................... ............................... 12 Archaeology ................. ............................... 14 IV. Land Use Plan .................... ............................... 16 Grading.................... ............................... 16 LandUse .................. ............................... 16 OpenSpace ................. ............................... 21 V. Circulation Plan ................... ............................... 23 VI. Utilities ......................... ............................... 27 Water Service ............... ....:.......................... 27 Wastewater ................. ............................... 28 Drainage Facilities ............ ............................... 30 Solid Waste ................. ............................... 30 VII. Public Facilities .................... ............................... 33 Police Protection ............. ............................... 33 Fire Protection .............. ............................... 33 Schools................................................... 33 Parks and Recreation .......... ............................... 34 VIII. Development Standards .............. ............................... 35 Single Family Residential ....... ............................... 36 Neighborhood Commercial Zone . ............................... 46 Open Space /Recreation Zone ... ............................... 50 ^g Page u IX. Design Guidelines .................. ............................... 54 General Guidelines, Purpose and Theme .......................... 54 Landscaping Guidelines ........ Site Planning Guidelines 54 ............................... . 73 Architectural Guidelines ........ ............................... 73 Community Walls and Fences .... ............................... 77 Signage Program .............. ............................... 79 Implementation ...................: ............................... 80 rX. i Consistency ................. ............................... 80 Specific Plan Modifications /Amendments .......................... 81 XI. Project Financing .................. ............................... 83 XII. Project Phasing .................... ............................... 85 Appendices A. Definitions B. Technical Appendix to the Specific Plan (bound separately) u �� � r J EXHIBITS Page 1. Regional Vicinity ................................. :................ 4 2. Project Vicinity ..................... ............................... 5 3. Conceptual Site Plan ................. ............................... 6 4. Planning Approval History ............ ............................... 8 5. Hydrology Plan .................... ............................... 11 t 6. Concept Grading Plan ............... ............................... 16 7. Surrounding Land Uses .............. ............................... 18 8. Land Use Plan .................... ............................... 20 9. Open Space Plan ................... ............................... 22 10. Circulation Plan ................... ............................... 24 11. Street Sections .................... ............................... 25 12. Street Sections .................... ............................... 26 13. Water Plan ..................... ............................... 29 1. 14. Sewer Plan . ..................... ............................... 31 15. Storm Drain Facility Plan ............ ............................... 32 l_ 16. Typical Model Complex Plan .......... ............................... 38 1. 17. Signage Program ................... ............................... 39 18. Signage Identification ............... ............................... 40 I19. Setbacks in the R -SF Zone ........... ............................... 42 20. Garage Placement ............ ............................... 43 21. Model Signage Identification .......... ............................... 45 L 22. Monumentation, Wall and Fencing Plan - Northern Section .................. 55 l23. Monumentation, Wall and Fencing Plan - Southern Section .................. 56 24. Primary Entry Monument and Streetscape ............................... 58 L . I 1 T L n v Page 25. Primary Monument Elevation ......... ............................... 59 26. Secondary Entry Monument Plan ...... ............................... 60 27. Secondary Monument Elevation ....... ............................... 61 28. Tertiary Entry Monument Plan ........ ............................... 62 29. Tertiary Monument Elevation ......... ............................... 63 30. Conceptual Landscape Plan - Northern Section ........................... 64 31. Conceptual Landscape Plan - Southern Section ........................... 65 32. Primary Streetscape ............ ............................... 33. Secondary Streetsc ape ............... ............................... 68 34. Interior Streetscape ................. ............................... 70 35. Land Use Maintenance Responsibility Plan - Northern Section ............... 71 36. 37. Land Use Maintenance Responsibility Plan - Southern Section ............ Typical Front Yard Landscaping Plan 72 ... ............................... 72 A 38. Typical Architectural Elevations ....... ............................... 74 39. Typical Architectural Elevations ........ ............................... 75 40. Wall and Fence Elevations ........... ............................... 78 41. Development Phasing Plan ........... ............................... 87 42. Backbone Infrastructure Phasing ....... ............................... 88 v TABLES Page Tuscany Hills Specific Plan Statistical Summary ............................ 2 Major Earthquake Faults .............. ............................... 9 Cutand Fill ..................... ............................... 16 Water Usage by Land Use ........... .....:......:.................. 27 Estimated Water Demand ............ ............................... 28 Estimated Sewage Generation .......... ............................... 30 Estimated Student Generation ......... ............................... 33 Streetscape Plant Palette ............. ............................... 66 ProjectPhasing .................... ............................... 86 Infrastructure Phasing ............... ............................... 90 TABLES Page 1. Tuscany Hills Specific Plan Statistical Summary ............................ 2 2. Major Earthquake Faults .............. ............................... 9 3. Cut and Fill ..................... ............................... 16 4. Water Usage by Land Use ........... ............................... 27 5. Estimated Water Demand ........................................... 28 6. Estimated Sewage Generation ......... ............................... 30 7. Estimated Student Generation ......... ............................... 33 8. Streetscape Plant Palette ............. ............................... 66 9. Project Phasing .................... ............................... 86 10. Infrastructure Phasing ............... ............................... 90 J I�J r r r i i i I. Executive Summary I I. EXECUTIVE SUMMARY The Tuscany Hills Specific Plan has been prepared for a 973 -acre site within the City of Lake Elsinore. Near the southwestern and northern project boundaries are the major highways, Interstate 15 and State Route 74, respectively. Canyon Lake (Railroad Canyon Reservoir), situated in the San Jacinto River Plain, is adjacent to the southern boundary of the site, and Greenwald Street borders the northern boundary of the site. The project includes approximately 709 acres of single family residential uses, 46 acres of community parks, 11 acres of private recreation, an 11 -acre elementary school site, and the ti remaining 196 acres as open space and lake uses. Table 1 provides a statistical summary of the Tuscany Hills Specific Plan. As noted in the table, the 35 percent open space requirement is identified as well as shown. in Exhibit 9 of this document. Tuscany Hills will enjoy the benefits of a master - planned community. The project will fulfill a demonstrated need in the area for additional dwelling units. The infrastructure and other r public facilities will be sufficiently sized to meet the demands of the community at buildout. It In addition, specific planning and design elements will be applied to create a varied yet cohesive project. It is the intent of the Tuscany Hills project to be varied in character, yet provide complementary land uses to existing and proposed project components. Approximately 196 acres of natural open space, wildlife corridors, and lake areas are provided. Additional objectives of the project include: o To satisfy anticipated market needs and public demand by providing a diversity of housing types and site locations which will be marketable within the developing ( economic profile of the City of Lake Elsinore. o To target the residential product types and concepts mostly to emerging, growing, j and mature families. L o To include design segments in the residential products that respond to forecastable demands in the market area. o To create a community identity for the Tuscany Hills project through a consistent application of architectural standards, landscape standards, and recreational facilities ( standards. L L L W ^= 19 vw= TABLE 1 Tuscany Hills Specific Plan Statistical Summary' TPlanning Gross Dwelling Area - Land Use Acres Units la Single Family 92.3' 355 lb' Single Family (c) 483.9' 1,391 ( lc Single Family 132.8' 254 l 2a Park 5.3 -- r 2b Park 3.2 3a4 Private Recreation (c) 4.3 3b Private Recreation 6.8 :- 4 School 10.9 5a Open Space 117.2 r 5b Open Space 5.2 l 5c Open Space 5.0 ( 5d Open Space 9.4 `- 5e Open Space 1.8 t L 5f Open Space /Park 6 37.4 Wildlife Corridor 30.9 7 Lake 26.5 LTotal 972.9 2,000 Parks, private recreation areas, open space, the wildlife corridor and lake area comprise L approximately 253 acres. This acreage, plus approximately 88 acres of manufactured slopes adjacent to major arterials and interior slopes, will make up the 35 percent open space requirement identified in the Development Agreement of 1980 (refer to Exhibit 9). 'Planning Areas t shown on Exhibit 8 'Commercial overlay comprises 15.2 acres L 'Includes landscaped slopes along major streets 'Commercial overlay comprises 4.3 acres L L 2 L ),/ II. Introduction 1/ II. RTMODUCITON Site Location /Description Tuscany Hills is located in south central Riverside County adjacent to the northeastern city limits of Lake Elsinore, California. Exhibits 1 and 2 locate the project in its regional and local vicinity, respectively. The site is located entirely within the corporate limits of the City of Lake Elsinore. Summerhill Drive serves as the main access to Tuscany Hills from the southwest. This road intersects with Railroad Canyon Road near Interstate 15, approximately one mile from the site. Canyon Lake (Railroad Canyon Reservoir), which is situated in the San Jacinto River plain, is east of the site. The project site is bounded to the north by Greenwald Street. Greenwald Street intersects with Highway 74, approximately two miles north of the site, providing access to the cities of Perris and Riverside. The Tuscany Hills site is contiguous to the western boundary of the Canyon Lake community, and parallels an east -west trending ridgeline which has a peak elevation of 1,915 feet. The southern flank of this ridge descends to an elevation of ± 1,320 feet near the San Jacinto River. The canyons and swales of the property flow easterly toward the lake which is constructed across the San Jacinto River. Slopes in this portion of the site generally range from 30 percent to 50 percent in some areas. The average slope within Tuscany Hills is approximately 35 percent. Project Overview The Tuscany Hills Specific Plan consists of 973 acres and contains a total of 2,000 dwelling units (Exhibit 3). Open space is an essential element of the project. Approximately 170 acres of the southern portion of the site will be maintained in its natural condition. In addition, a 31 -acre wildlife corridor has been incorporated into the design. Additionally, community parks, a lake, a school site, and private recreation areas are provided as illustrated on the Conceptual Site Plan (Exhibit 3). Project History Prior approvals for the site relate to the proposed Canyon Lake Hills Planned Development which began in 1978. In 1979, a general plan amendment and preannexation zone change were filed for the 2,000 dwelling unit Canyon Lake Hills Planned Development. In July 1979, an EIR was submitted to the City of Lake Elsinore. In May 1980, the City and Canyon Lake Hills Developers signed a Development Agreement which stated the conditions, terms, standards, restrictions, regulations, and requirements for the development, construction and operation of the proposed residential, commercial and open space planned development of Canyon Lake Hills. One of the most significant provisions in the development agreement stated that the "Rules of the Game" would be the policies, ordinances and resolutions in effect at the date of the execution of the agreement. This agreement stated that any ordinance policies or resolution adopted after the execution of the agreement and deemed "more restrictive" would not apply to the Canyon Lake Hills development. L gp= r. lJ r r r r I L L L lil L L L L TO OF COU l -� TO SAN DIEGO ELM IGS CALIFORNIA N.T.S. - D(HIBIT 1 �ssociafeS a 0 mow +. i I _ 1 PROJECT VICINr Y f l 1 I `l l_ FROM CORONA AND ORANGE COUNTY 4�L L L LLAKESFIpRE DRNE LAKE ELSINORE L L W —.s J I :RSIDE J W DD CONCEPTUAL SITE PLAN -) OPEN SPACE SCALE:1• =1155' ECHIBrr 3 W= i I, 1 In January 1981, the developers, ABC Heritage, submitted Tentative Tract Map 17413 to cover the southern portion of Canyon Lake Hills. In the late summer of 1981, the developers revised Tract 17413 because the project as per the approved map was not buildable. A revised map was submitted in the fall of 1981, proposing a new access for the project and single loaded streets to provide for more view lots. To enable the single- loaded streets ( feasible, the developer proposed the streets as being 40 foot right -of -ways with 28 foot curb separation. The United States Department of Housing and Urban Development (HUD) was, at the time, going to provide housing for Canyon Lake Hills as part of their Title 10 program. At r HUD's request, an EIS was prepared to address the following areas of concern: 1 - Distance between street intersections Impact of tract map on wildlife y _ Fire Department's major concern about the narrow streets iLack of access to Railroad Canyon Road - Street widths and offsets and the proposed "gated community" Tentative Tract 17413 was finally approved by the Planning Commission on January 1982 (Exhibit 4 shows the history of planning approvals). The City Council directed the new developers, ABC Heritage, to apply for a variance on requested street widths and building setbacks. An amendment to the Development Agreement for the new access road was prepared, but never executed. By April 1982, the Planning Commission had approved the variance request. Subsequently, Homestead Land Development Corporation purchased L Canyon Lake Hills, and the name of the project was changed to Tuscany Hills. The Technical Appendices that accompanies the Tuscany Hills Specific Plan document the planning and approval history for Tuscany Hills. LPurpose and Objectives The purpose of the Tuscany Hills Specific Plan is to provide the regulatory framework to L expedite and provide predictable standards of regulation for the development process of Tuscany Hills through the City of Lake Elsinore. After adoption by ordinance, a specific plan has an effect similar to the local zoning code. Tentative and final tract maps must be L consistent with the applicable specific plan provisions. All detailed plans submitted in the future shall be consistent with this specific plan. Preparation of this specific plan is not required for the Tuscany Hills project since the L project was approved by the City of Lake Elsinore in 1980. The purpose of this document is to "pull" together in one document and update the numerous planning and processing studies and agreements that have occurred during the life of the Canyon Lake r Hills /Tuscany Hills project, a project that essentially began in 1978. LThe Tuscany Hills Specific Plan identifies the general location and type of land uses and L sets standards for various development options, as well as provides a focus for the standards and guidelines under which these areas will be developed. An important function of the Tuscany Hills Specific Plan is to reduce the need for detailed L planning and environmental review procedures related to subsequent development of the project area. The specific plan regulations contained herein are intended to be responsive to changing community needs and desires in order to function without the need for Lamendments and review. L �J IL 1 1111,111 1111 A lop LEGEND TENTATIVE FmTRACT 17413 4th REVISION P.M. 23910 RECORDED T.P.M. 25005 0 SCALE:1"=1155' EXHIBIT 4 INunsalra- ssociates J III. Site Analysis 1 � r� 1 IM. SITE ANALYSIS Topography !! Tuscany Hills is located adjacent to the foothills of the Santa Ana Mountains in southwestern Riverside County. It is contiguous to the western boundary of the Canyon Lake community, and parallels an east -west trending ridgeline which has a peak elevation of 1,915 feet. The southern flank of this ridge descends to an elevation of 1,320 feet near the San Jacinto River. Slopes generally range from 30 to 50 percent, with the overall average approximately 35 percent. Overall, approximately 10 percent of the site has slopes of 0 -10 percent, 20 percent of the site has slopes of 10 -20 percent, 30 percent of the site has ! slopes of 20 -30 percent, 30 percent of the site has slopes from 30 -50 percent and 10 percent of the site has slopes in excess of 50 percent. Geology Tuscany Hills is within the Peninsular Range Geomorphic Province of Southern California and is situated in the eastern foothills of the Santa Ana Mountains. This region is chiefly underlain by igneous and metamorphic rocks at the pre- Cenozoic age. The metamorphosed materials were originally Mesozoic sedimentary rocks. The igneous materials are mainly granitic in nature. i Tuscany Hills lies near the boundary of two regional geologic provinces, the Perris Block and the Santa Ana Mountains. The site contains five basic geologic units: recent alluvium 1 of stream transported sands and gravels; older alluvium sands and gravels with a silt and clay binder; terrace deposits of sandy gravels with boulders; Santa Ana formation metamorphic rocks of the triassic age; and intrusive igneous complex, a massive collection of igneous materials ranging from granodioute to gabbro. I Seismicity t Liquefaction during seismic events is not considered a problem at Tuscany Hills due to the shallow depth of bedrock and rocky surficial deposits. The seismicity of the region is dominated by the Elsinore fault zone. The north Elsinore fault zone lies approximately one -half mile from the southwest corner of the property. Other faults within the Elsinore fault zone which occur within four miles to the southeast consist of the Glen Ivy Fault, Willard Fault, and the Wildomare Fault. Lake Elsinore occurs within a depressed fault block between the Willard and Glen Ivy Faults. i ; Ll L L L L Other active faults are located in the general region of the project site, such as the large San Jacinto and San Andreas Fault Zones. A summary of the major faults and their distances from the site is shown on Table 2. Fault Elsinore San Jacinto San Andreas TABLE 2 Major Earthquake Faults Distance from Site (Miles) 2 20 30 iI it U L L L L L L Soils The soils of the project site consist mainly of rocky and sandy loams of the Lodo, Cieneba, Garretson, and Hanford series. In addition, there are scattered areas of Bosanko clay soils and artificial fill materials. Loose, alluvial sands and gravels comprise the majority of the site soils. While most of these deposits are within a few feet thick, thicker deposits are located along the southern boundary and southeastern corner of the site. The only soils on -site that have presented engineering or development problems in the past in other areas are the Bosanko clays and areas with slopes greater than 45 percent. Bosanko clays must be carefully managed because they are relatively expansive when infiltrated by water. Steep slopes present grading and erosion problems. Only the Class II Garretson soils have any significant value for agricultural use. This type of soil is available on less than one percent of Tuscany Hills. The Bosanko and Hanford soils are Class III soils with limited agricultural potential. All other on -site soils have a Capability Classification of VII, indicating very limited agricultural usefulness. Hydrology The depth to groundwater surface within the site is the canyon bottoms where seepage is prevalent. The site exhibits a moderate to high infiltration rate due to the nature of the metamorphic bedrock. The groundwater storage is continually being replenished by deep percolation of water from precipitation and stream flow. Groundwater levels fluctuate dramatically within the wash areas. The groundwater table is near the surface within the San Jacinto River easterly and southerly of the site. Existing drainage of the project site is controlled by the east -west canyons and swales which channel runoff eastward toward Canyon Lake. Regional drainage flows into either the San Jacinto River or Canyon Lake. The river eventually flows into Lake Elsinore. The water quality of Canyon Lake is marginal due to the amount of agricultural runoff from the east and northeast. The Hydrology Plan for Tuscany Hills is shown on Exhibit 5. 10 L l -� HYDROLOGY PLAN LEGEND DRAINAGE BOUNDARIES DIRECTION OF FLOW SCAL.E:1" =1155' EXHIBIT 5 _ (�u sso�ietea; 1/ IBiology rSouthern Section 1 The bulk of the project site has received little or no prior impact, except from fire and from minimal sheep grazing. Indigenous communities are of significant extent and characteristics species diversity. A full complement of indigenous fauna typically occupying interior scrub habitat is found on -site. Three types of habitats having biological value are found on the property: extensive upland sage scrub, riparian woodlands, and adjacent brushy slopes and exposures of Bosanko clay. o Sage Scrub - The vast area constituting the western half of the southern project site and ( containing an unbroken coastal- inland sage scrub cover is inhabited by a significant ` population federally -listed endangered Stephen's kangaroo rat, in addition to a variety of other dry land adapted mammal and reptile species. o Riparian Woodlands - All riparian locales on site, including the San Jacinto River (technically under separate ownership), Cottonwood Creek, and four tributary arroyos of the former drainage, contain riparian habitat which is extensively utilized by a variety of fauna, including songbirds and nesting raptors. i o Brushy Slopes and Bosanko Clay Exposures - Because of the limiting quality of the Bosanko substrate, grasses and forbs are generally low growing and opportunities exist for establishment or persistence of noncompetitive species, including those which are rare and endemic. The Bosanko exposures are also ideal sites for spring wildflower displays, containing a diversity of species. Northern Section The biological setting of the bulk of the northern Tuscany Hills is characterized by the extensive stands of open coastal sage scrub interspersed by brushy or wooded drainage courses. The habitat of the northern half of the project site is less biologically diverse and more disturbed than the contiguous habitat in the southern half. Sheep grazing has been a past land use whose impact is still obvious. Mining and prospecting has impacted certain limited portions of the site and some off -road vehicle use and parking has impacted flat land north of Greenwald Avenue. Coastal sage scrub is the principal type of vegetative cover present on the northern half. The condition and productivity of this community, including density and species diversity, is poorer than in the area immediately to the south. Shrub cover is generally not contiguous, but is instead interspersed with low- growing annual grass vegetation. Two significant habitat types are found in the northern planning area. The first is the grassy and open coastal sage scrub settings documented as being occupied by the Stephen's L kangaroo rat or where this species' presence is suspected. The following section assesses the impacts of the project to the Stephens Kangaroo Rat. L The second habitat of significance is the main drainage, which enters at the northwest corner of the property and exists at the southeast. A lateral drainage area also passes through the southern part of this area. In October 1988, Homestead obtained a 1603 LAgreement from the California Department of Fish and Game. 12 L 0 9 Stephens Kangaroo Rat r Development of Tuscany Hills will impact approximately 282 acres of known habitat of the ` Stephens Kangaroo Rat, listed by the U.S. Fish and Wildlife Service as an endangered species. i To determine the effects of the proposed project on the Stephens Kangaroo Rat, a focused biological assessment was conducted by Tierra Madre Consultants, Inc., in January 1989. This assessment included a literature review to identify reported occurrences of the Stephens Kangaroo Rat on, or in the vicinity of, the project site, and a survey for potential Stephens Kangaroo Rat habitat. In addition, a walkover survey of the Tuscany Hills site and a range -wide survey to find and map the populations of Stephens Kangaroo rats was ( completed by O'Farrell Biological Consulting in February 1989. The results of the Tierra Madre studies are noteworthy in two respects. First, the site currently supports about 282 acres of occupied Stephens Kangaroo Rat habitat, distributed in a patchy configuration typical of the species throughout the 973 acre site. Second, the entire Tuscany Hills.site is contained within one of nine areas currently under study by the County of Riverside as a potential reserve for this species. This study area in which the project site is located is known as the Canyon Lake / Kabian Park site, and includes approximately 9,350 acres. The O'Farrell study concluded that the Kalbran Park site should not be considered as a potential preserve location because of its marginal habitat quality. The preferred preserve sites were chosen on the basis of general quality of habitat and the presence of relatively continuous, significant SKR abundance. Construction of the project would result in the direct loss of the occupied Stephens — Kangaroo Rat habitat that is found on the site. It would also effectively eliminate the southernmost portion of the Canyon Lake study area as a possibility for a potential reserve through direct loss of habitat on site and isolation of adjoining habitat found in the southern ( portion of the study area. Taking of the Stephens Kangaroo Rat is prohibited by the Endangered Species Act and this prohibition has resulted in efforts by the County of Riverside and affected cities to develop a Habitat Conservation Plan and seek authorization to take specified areas in order to facilitate some continued development in the range of the Stephens Kangaroo Rat. The County is currently engaged in a program to determine the effect of a region -wide reserve strategy for the Stephens Kangaroo Rat in western Riverside County relating to their efforts to apply for and obtain a long -term Section 10(a) permit. L To assess the impacts of development of Tuscany Hills on the Stephens Kangaroo Rat population in light of the species as a whole, the United States Fish and Wildlife Service conducted a field reconnaissance of the project site. In April 1989, portions of the Stephens Kangaroo Rat habitat were visited by the Fish and Wildlife Service biologists, biological consultants for the County of Riverside, and representatives of the County and the Sierra L Club. In addition, unpublished reports prepared by the County's biological consultants, assessing the long -term potential of habitat in the Lake Elsinore region, as well as soils L maps and other available information, were consulted. The results of these analyses indicated that the Stephens Kangaroo Rat is found at this time primarily in trace abundance (i.e. <2 borrows /100 square meters). Based on estimates of density, there may be L approximately 115 Stephens Kangaroo Rats on the Tuscany Hills site. The soils and vegetational attributes, plus the relatively degraded condition of the site due to prior construction activities, dumping, and off -road vehicle use, appears to have limited the long- term potential of the site as a reserve for the Stephens Kangaroo Rat. L 13 I� r It is the biological opinion of the U.S. Fish and Wildlife Service that the conservation measure prescribed in the Tuscany Hills Project Stephens Kangaroo Rat Conservation Plan ty and its implementing Conservation Agreement, will not jeopardize the continued existence of the Stephens Kangaroo Rat. The net result of the program would be the elimination of the southern portion of the Canyon Lake study area in exchange for acquisition of over 600 acres (including at least 282 acres of occupied Stephens Kangaroo Rat habitat) in the Estelle Mountain area, a site identified as another study area for a potential Stephens Kangaroo Rat reserve. This acquired land could be combined with other lands to be acquired in this area and used for establishment of a permanent reserve for the Stephens Kangaroo Rat. The initial phase of the mitigation program for the Conservation Plan provided the i acquisition of 560 acres of good quality preserve property to minimize the impact loss of I the law quality habitat within the project. An additional 46.7 acres of occupied habitat will be acquired and added to the preserve system to complete the mitigation of the habitat loss on the project site. Archaeology rAn archaeological records search of the Tuscany Hills site was conducted at the `. Archaeological Research Unit, Univcrsity of California at Riverside, on October 13, 1989. Based upon that records search it was determined that the entire project site had been ( previously surveyed for cultural resources, and that as a result of that survey, four (4) ( recorded prehistoric or historic sites were identified. To further scientific inquiry concerning these four recorded sites and to document the significance of those cultural resources in accordance with the California Environmental Quality Act, a physical reconnaissance of the project site was undertaken on November 16, 1989. The findings of that records search and on -site inspection are summarized below: • The Wrench Gold and Slate Prooiect Although the first recorded mining claim on this location dates to 1937, Mexican miners were working the area prior to the 1870s. The subject site contains artifacts from that mining prospect and comprises a partially buried house foundation with rock walls, a scatter of tin cans and automobile parts and two other associated concrete foundations l which date to the 1930's era. In recognition of the relatively recent nature of this site, l a historic archaeologist will test, excavate, map and document this prospect prior to any direct impact (e.g. grading). These late 19th century features have been identified as relating to the original development of the region. Upon physical inspection (by a qualified archaeologist) the site was found to be undisturbed but is in very poor condition. Most, if not all, of the timbers were found to be decayed and buried in brush that has washed down the creek. This feature is in such a state of decay (either rotten or mired in the creek bed) that Lthis site offers limited research potential. Because of its location in the creek, it is unlikely that it would be disturbed unless the creek was either rerouted or channelized. Through subsequent investigation of this feature, the remains of the bridge and roadbed ( will be recorded and described within the historical framework of the railroad operation. 14 L f • Remains of the Ella Van Fossen Residence This site comprises the remains of the Ella Van Fossen residence which dates to the 1920's era. Miss Van Fossen was an early local environmental activist who single - handedly attempted to block construction of the Railroad Canyon Dam. In 1926 -27 she burnt her residence and the surrounding environment as one final gesture of protest. Permitted grading activities, authorized under Tentative Tract No. 17413 - Revision No. 4 have partially impacted this feature. Melted glass, charred wood and portions of the foundation were observed during field inspection. Subsequent archaeological investigation is currently underway in an attempt to locate the privy which would be of value in the interpretation of this site. • RIV -698 t This prehistoric site, located in the southern "pan handle" of the property, consists of i a small milling station with accompanying light chipped stone scatter. Portions of this site have been impacted by permitted grading activities authorized under Tentative Tract No. 17413 - Revision No. 4. Archaeological investigations are currently underway, including mapping and photographic documentation of the milling feature, for the further recordation of this feature. C L L L L 15 L IV. Land Use Plan I IV. LAND USE PLAN Site Grading The concept grading plan for Tuscany Hills is shown on Exhibit 6. Table 3 illustrates the proposed cut and fill calculations for Tuscany Hills. Grading of the site will be conducted Cin a manner which eliminates the need for the import or export of dirt. TABLE 3 Tuscany Hills Cut and Fill 11 North South Cut 5,142,330 cubic yards 7,559,320 cubic yards [ Fill 4,785,370 cubic yards 7,424,000 cubic yards While significant grading will occur, the grading concept for the site is intended to maintain the natural land form as closely as possible. In addition, single loaded and 28 -foot street widths help to maintain the natural land form. This is especially true in the northern half of the project site in which more gentle slopes and open flat areas are found. The southern half of the project site will necessitate increased grading as steeper ridges, where average l slopes of 35% are encountered, which will allow views of surrounding hills and Canyon Lake. Approximately 170 acres of the southern portion of the project will remain natural and ungraded. In addition to the open space areas, the southern portion includes approximately L 23 acres of park land, a 37.4 acre open space /park site, and 57 acres of estate lots. Minimal grading will occur in the establishment of these lots. Approximately 33 acres in the northern portion will be left as open space, and 34 acres will be developed as park, recreation, and lake use. In addition, the 31 -acre wildlife corridor in the northern half of the project site will remain in open space. Land Use Plan Surrounding Land Use L Most of the existing developments are located on two opposite sides (the northeast and southwest) of the lake, while the agricultural lands are mainly located on the northwest and southeast ends of the subregion. A large floodplain is located adjacent to the southeastern end of the lake. Although the lake is a regional recreational facility, it is not fully developed. L Land uses surrounding the project site are predominantly undeveloped except for the Canyon Lake community, to the east (see Exhibit 7). Canyon Lake consists mainly of custom home sites. Ramsgate has an approved specific plan which includes 2,850 dwelling units. Vesting tentative tract maps are currently in process with the City of Lake Elsinore. The Friedman property has a recorded tract map with grading and development in progress. The balance of the surrounding property consists of vacant, undeveloped private and federal L property. Greenwald Avenue provides access to the north from the site, and Railroad Canyon Road provides the southerly access to the Canyon Lake community and Tuscany Hills. L L 16 L v R1 S 1560 ` 156 1600 m wg° A o 1 m C-1 o y N 0 mO ' p m E ° �a�20 ._ , � 17� L L L / CONCEPT GR& ING PLAN LEGEND ElLIMITS OF LANDFORM ALTERATION 1 ° ROUGH GRADE CONTOURS NOTE: PERMISSION TO GRADE OFFSITE IN PROGRESS * MASS GRADED PER T. 17413 -4 SCALE:1' =1155' E(HIBrr 6 �unsj r4S I i 1 1 1 C 1 i_ i i. i. l I_ i_ L L L L J/ ITuscany Hills Specific Plan Land Uses L L 19 L The Tuscany Hills land use plan consists of 4 primary land use designations: residential, �. parks and recreation, schools and open space (Exhibit 8). The development program consists of selling completely designed planning units of approximately 200 lots to builders. This will allow a distinct and varied product type while maintaining an overall theme for the fcommunity. The four primary land uses are discussed below: o Residential Uses - The construction of 2,000 dwelling units is the primary component of the land use plan. These units will be constructed in four distinct phases as discussed in Section MI, Project Phasing. Approximately 709 acres are devoted to residential construction, primarily in the northern half and southern two- thirds of the site. f_ l Due to the relatively steep and varied site conditions, development costs will be significantly higher than would occur on a more consistent site. This will require that the homes be targeted to middle and upper income families. Single loaded street configurations will be more sensitive to the topography and will allow a majority of the lots to have Canyon Lake and Lake Elsinore views. 1 o Commercial Uses - The land use plan identifies a residential area and private 1� recreation area within the Tuscany Hills Specific Plan that include commercial overlays. One of these areas is adjacent to the lake and may contain facilities associated with the Recreation Center /Beach Club. The other area that has a commercial overlay is in the extreme northeast corner of the project site. This area may provide neighborhood commercial land uses. [ o Parks and Recreation - Two distinct private recreation areas and two public parks' are provided in the land use plan. Also included in the plan is the 37.4 acre open space /park located in the southeast portion of the site. The first private recreation { area (planning area 3B) is the Homeowners Association Recreation Center at the { intersection of Summerhill Drive and Via Scenica in the southern half of the project. The Center is anticipated to include a competition size Junior Olympic swimming pool, wading pool, spa, tennis courts, basketball/volleyball court, tot lot, picnic area, and community building as approved by the Planning Commission in June 1989. A second private recreation area is located next to the proposed 26.5 -acre lake in Planning Area 3A and consists of approximately 4.3 acres. A five -acre public park in Planning Area 2A will be constructed in conjunction with and adjacent to the eleven -acre school site along Summerhill Drive and La Strada. In the northern section, also along Summerhill Drive, an 3.2 -acre park site is located adjacent to the 4.3 -acre private recreation area next to the lake. The precise program for this park site will be approved by the City's Community Services Director. o School - An approximate 11 -acre elementary school site has been incorporated into the land plan adjacent to a 5 -acre public park along Summerhill Drive. The school L is centrally located in the community to minimize driving and walking distances to the school. L L 19 L �i LAND USE PLAN ONE�IIII■nlll� Statisticar Summary urea Land Use nftnr�tr♦f�1te Dwenrig Units / ■ ■ ■ 1 ■ ■IV ■ ■111! ■■ .I ■ ■■ ■1"11 ■ ■■ ■_ ■ ■. ■11•, ,11♦tl ■■■■ ■II,, ■111! ■1 % ■ ■tit■■■[m■■■■ I ■ ■.I ■■■■■o■ ■!.I Single Family 7■..1 ■ ■!.■■■■■N■.! momommorm 1 C , ■■ ■1111, ■ ■ ■I,,I ■ ■■ ■® 254 ......, ...a......� ■ ■111 ■ ■ ■ ■ ■ ■ ■■ \�. ■_ ■�"71�� ■_ ■►�. Park IF■Ili 1 ■ ■/� 1111 __ �i I IIII I j I J_ 3 A !I. i1� ■ ■ ■ ■. ■ ■ ■ ■ ■ ■.11.. ■ ■ ■r' '� \ ■ ■■ ■11'x■ 3 8 r♦r FAME School ■ ■ ■1\1■■ ■■ .O■■■■ 5 A Open Space 117.2 iiiMINE Open Space 52 BEEN Open Space ■■■■ ■■■■ m■■ I■■ ■ ■ ■11 ■ ■ MEN ■■ I ■■ ■ ■ ■ \O \■■■■■ 5 D ■ ■■ ■, �� \ ■ i ■■■l.1■ \ ■ ■ ■■ ■111 \ BEEN ! ■ \_ X11111111 on ■ ■■ ■101■■ 5 E Open Space 1.8 / ■■ ■■I 1 ■■ ■ ■ MEN ■ ■� Open Space /Park MEN \ ■ ■ ■■■\=■� EMISSION= 6 Wildlife Corridor \ 7 lake 26.5 ■■1�■► v11n1�■IN /■■■O. \ ■q ■1 1■1M I��■■ ■■ ■■ ■► n■11N M 1111■■ l ■ ■ ■ ■ ■ ■ ■ ■ ■■1 MMEMMM . mom ■ ■ ■ ■ ■ ■ ■ ■ \. •I■ ■B ■ ■ ■ ■ ■ ■ ■1! 1 ■ ■ ■ ■ ■ ■� .� ■ ■ ■ ■1 / ■ ■ ■ ■ ■ ■ ■ ■N ".I■■ ■ ■■� ■ ■ ■ ■ ■ ■I \ ■I I■■■■■■ ■V 1, h ■■■■■■ ■1►' ■ ■■■INIFF� / = RPM _ .i �i LAND USE PLAN ONE�IIII■nlll� Statisticar Summary urea Land Use Dwenrig Units 1 A Single Family 355 1 B Single Family 1,391 1 C Single Family r132.8 254 2 A Park * POSSIBLE FIRE STATION 2 B Park 3 A Private Recreation 3 8 Private Recreation 4 School 10.9 5 A Open Space 117.2 5 B Open Space 52 5 C Open Space 5.0 5 D Open Space 9.4 5 E Open Space 1.8 5 F Open Space /Park 37.4 _ 6 Wildlife Corridor 30.9 7 lake 26.5 TOTAL 9729 TIM 0 I" LOCATION 4. Ll tiY Lt LA; SCALE:1" =1155' EXHIBIT B uruakrY ssariarea 1. The acreage figures are an estimated allocation for the land uses. 2 Baler" of repued Open Space is contained within •• residential figures. The Residential PLuang Areas irckrde MaMxWre- Usable Open Space. Refer to Eaht t 9 for Open Space Plan. 3. (C) Shawn on Exhioit. refers to commercial overlay area. The location of the two convnercial sites are in planing areas 18 and 3A * POSSIBLE FIRE STATION NI LOCATION 4. Ll tiY Lt LA; SCALE:1" =1155' EXHIBIT B uruakrY ssariarea 'I r ( Open Space/Wildlife Corridors Natural contours and topographic features will be preserved to the greatest extent possible in the open space areas and for the 31 -acre wildlife corridor (Exhibit 9). The wildlife corridor, which runs east /west, provides potential links to existing Federal Bureau of Land Management land. Where streets cross the wildlife corridor, the project will be designed to utilize such things as drainage culverts to allow for animal crossings. Open space areas to the south near the water tank will have indigenous vegetative cover and fuel break areas. The natural open space areas of Tuscany Hills comprise approximately 170 acres and are found primarily in the southern half of the project. This includes a large 117 -acre parcel surrounding the water tank, and a 37 -acre open space /park area in Planning Area 5F. The 117 -acre open space area will be dedicated to the City. Pursuant to the 1980 Development Agreement, the City has the option whether or not to accept the dedication of the 37 -acre site. Additional useable open space /manufactured slopes are found throughout the site, particularly along roadways in the southern half and in the flat areas to the west of the proposed lake. The open space, parks, private recreation areas, lake and wildlife corridor comprise approximately 253 acres. This acreage, plus a minimum of 88 acres of manufactured slopes, will make up the 35 percent open space requirement identified in the ( Development Agreement of 1980. l 0 L L L L 21 L 'C l l F1 OPEN SPACE PLAN. LEGEND NATURAL /ENHANCED OPEN SPACE p� USABLE OPEN SPACE/ \� MANUFACTURED SLOPES 'INCLUDES SCHOOL SITE, PARK, LAKE, MANUFACTURED SLOPE AREAS ADJACENT TO MAJOR ARTERIALS. J JJJ 1 YJ t ~l.i SCALE:1• =1155' EXHIBIT 9 CCssoc�atrr r r r r r r r ILL L r r )I/ V. Circulation V. CIRCULATION PLAN The areawide circulation system serving Tuscany Hills is illustrated on Exhibit 2. Regional access to Tuscany Hills is from Interstate 15 to the west of the site, or from State Route 71 west of the site via State Route 74. Southerly access will be from Railroad Canyon Road. Northerly access will be via Greenwald Avenue, which also provides access to the Canyon Lake development. The road network within Tuscany Hills is characterized by a secondary arterial backbone r- core supported by local collectors serving and /or separating each planning area (Exhibit 10). 1) Residential streets are relatively equally divided between single and double - loaded streets. The backbone circulation system consists of a major secondary arterial highway (88' of right -of -way) serving the property from the south and extending to Greenwald Street on the north. The collector street system extends from the major arterial, connecting the local streets which provide direct access to the individual lots. Collector streets as designated on F Exhibit 10 will have a 66' right -of -way. All streets within Tuscany Hills will be dedicated to the City of Lake Elsinore. Those local streets which are accessed by dwelling units on only one side, typically designated single- loaded streets, will be constructed with a 40 -foot right -of -way, including a concrete curb and n gutter and sidewalk on the dwelling unit side and a curb on the opposite side of the street. Typical double - loaded local streets will be constructed with a 50 -foot right -of -way, including a concrete curb and gutter and sidewalk on both sides of the street. Typical street sections are illustrated on Exhibits 11 and 12. IL I IL iL 23 L LA 8 STRADA LPG CIRCULATION PLAN LEGEND •••�• 88'SECOMARYHIGHWAY • • • • •.• • 88' COLLECTOR STREET * ALL INTERIOR STREETS SHALL BE SINGLE LOADED STREETS OR GENERAL LOCAL STREETS. (SEE EXHIBIT 12) SCALE:11=1155' EXHIBIT 10 �C/ _itsakef ssociateg a i-- w w O H U w J J O U Rl 0 a c� a d z O U W Cl) .I tat 0 91 n F STREET SECTIONS ww ww Ey 40' A.C. PAVEMENT. 1.5% 1.5% � SINGLE LOADED STREET M GENERAL LOCAL STREET FM 3• I z RIW r EXHIBIT 12 �uns i tes a m)w � ),z f f f J I. L I. I C I. L� L L L L VI. Utilities )/ VI. UTILrrIES Water Service The Elsinore Valley Municipal Water District (EVMWD) provides water to Tuscany Hills. EVMWD obtains a portion of its water supply from the Western Municipal Water District. The remaining water supply is received from ten active wells. Future purchased treated water sup ?lies are planned to be obtained from the Eastern Municipal Water District (EMWD). It currently has no existing mains into the Tuscany Hills area, but has service mains presently providing domestic water to the community of Canyon Lake. The source of water supply to Tuscany Hills will be via a EVMWD system. A proposed booster pumping station, located in the southeast area of the site, will take suction from the existing 33" main near the District's treatment plant, west of Canyon Lake Dam, and will pump water from EVMWD's system into the development. The plant uses a standard sand filtration system with a 1.3 million gallon wet well. The plant capacity of 15 million gallons per day is sufficient to serve any future development within the Lake Elsinore area. In addition, EVMWD owns the rights to 3,000 acre -feet (477 mg) of the storage capacity in Railroad Canyon Reservoir. The Temescal Water Company operates the reservoir and owns the rights to the watershed run -off. Reservoir evaporation and seepage losses are i shared proportionately by the Temescal Water Company and the EVMWD. The major imported water supply to the area comes from the Colorado River and is stored in Canyon Lake. Although natural runoff has some adverse influence, the quality of water in the lake is very similar to Colorado River water. The EVMWD is the only purveyor of imported water in the study area. �— The EVMWD provides standards for water service in the Lake Elsinore area. The average daily demand by land use is shown below in Table 4. The total water service demand for the project is summarized in Table 5. TABLE 4 Water Usage by Land Use' Use Average Daily Demand l Single Family Residential 500 gal. /unit Commercial /Residential Mix 120 gal. /1,000 sq. ft. Schools /Parks 4,000 gal. /acre 60 gal. /student t 'Source: Elsinore Valley Municipal Water District L r L L'Elsinore Valley MWD Water /Wastewater Master Plan 27 L I 1� 0 TABLE 5 Estimated Water Demand Totals 1.63 3.26 Exhibit 13 illustrates the water distribution system for Tuscany Hills. Phased development of the system is anticipated to follow the four primary phases of construction associated with the backbone circulation improvements. Construction of all water storage requirement facilities in the southwestern portion of the site will also be included in the first phase of infrastructure improvements. 1 The system consists of construction of 18" water mains from the tank to Summerhill Road and along the primary arterial to Via de La Valle. An 18" main will continue along Via de La Valle to the east. A 16" main will be installed along the remainder of Summerhill Road. The remaining collector streets will have 12" and 8" water mains installed as indicated by Exhibit 13. Wastewater Tuscany Hills receives wastewater services from the Elsinore Valley Municipal Water District (EVMWD). The EVMWD study area is divided into three major wastewater.-- - service areas depending on natural topography and the location of existing treatment facilities. Tuscany Hills is located within the Lake Elsinore Basin Wastewater Service area. This basin includes all ayes which naturally drain into Lake Elsinore, plus those areas north of the lake which are tributary to the Elsinore Valley Regional Wastewater Treatment Plant. !_ Major tributary areas within this basin include: Bundy Canyon, Railroad Canyon, Wasson Canyon, Warm Springs Canyon, and Lake Elsinore. The District operates the sewage treatment facility located three - quarters of a mile southeast of Canyon Lake Dam, to the southeast of Tuscany Hills. This facility, which currently has 10 sewage pump stations, has been programmed for expansion. Current sewage treated at this facility by the activated sludge, secondary level process (with double chlorination) amounts to approximately 130,000 gallons per day. One hundred percent of this treated effluent plus an additional 65,000 gallons per day of domestic water is sold to the adjacent Canyon Lake golf course for irrigation purposes. - A 21" gravity sewer main from Canyon Lake, the Railroad Canyon Wastewater Reclamation Plant, and a 10" force main to reclaimed water use area, are the existing facilities adjacent C to Tuscany Hills. These facilities serve the Canyon Lake community. A 24" gravity sewer _ main in Lakeshore Drive will be used to convey flow from Tuscany Hills. This facility will be upgraded to a 42" line and will convey flow to the Elsinore Valley Regional Wastewater LReclamation Plant. L'Maximum daily water demand is two times the average daily demand (MDD = ADD x 2). 22.5 persons /dwelling unit. 28 Dwelling Popu- Avg.Daily Max.Daily Land Use Acreage Units lation Demand Demand' Single Family Residential 7132 2,000 5,000 1.0 2.0 Park /Recreation Areas 57 -0- -0- .19 .38 School 11 -0- -0- .044 .88 Totals 1.63 3.26 Exhibit 13 illustrates the water distribution system for Tuscany Hills. Phased development of the system is anticipated to follow the four primary phases of construction associated with the backbone circulation improvements. Construction of all water storage requirement facilities in the southwestern portion of the site will also be included in the first phase of infrastructure improvements. 1 The system consists of construction of 18" water mains from the tank to Summerhill Road and along the primary arterial to Via de La Valle. An 18" main will continue along Via de La Valle to the east. A 16" main will be installed along the remainder of Summerhill Road. The remaining collector streets will have 12" and 8" water mains installed as indicated by Exhibit 13. Wastewater Tuscany Hills receives wastewater services from the Elsinore Valley Municipal Water District (EVMWD). The EVMWD study area is divided into three major wastewater.-- - service areas depending on natural topography and the location of existing treatment facilities. Tuscany Hills is located within the Lake Elsinore Basin Wastewater Service area. This basin includes all ayes which naturally drain into Lake Elsinore, plus those areas north of the lake which are tributary to the Elsinore Valley Regional Wastewater Treatment Plant. !_ Major tributary areas within this basin include: Bundy Canyon, Railroad Canyon, Wasson Canyon, Warm Springs Canyon, and Lake Elsinore. The District operates the sewage treatment facility located three - quarters of a mile southeast of Canyon Lake Dam, to the southeast of Tuscany Hills. This facility, which currently has 10 sewage pump stations, has been programmed for expansion. Current sewage treated at this facility by the activated sludge, secondary level process (with double chlorination) amounts to approximately 130,000 gallons per day. One hundred percent of this treated effluent plus an additional 65,000 gallons per day of domestic water is sold to the adjacent Canyon Lake golf course for irrigation purposes. - A 21" gravity sewer main from Canyon Lake, the Railroad Canyon Wastewater Reclamation Plant, and a 10" force main to reclaimed water use area, are the existing facilities adjacent C to Tuscany Hills. These facilities serve the Canyon Lake community. A 24" gravity sewer _ main in Lakeshore Drive will be used to convey flow from Tuscany Hills. This facility will be upgraded to a 42" line and will convey flow to the Elsinore Valley Regional Wastewater LReclamation Plant. L'Maximum daily water demand is two times the average daily demand (MDD = ADD x 2). 22.5 persons /dwelling unit. 28 r r r r �J L L L L ,2' 12' 8• 16' 12' 8' 12• 16• ,6• 12' 16' WATER TANKS • , WATER PLAN 18' SCALE:1" =1155' EXWBIT 18 unsak'Y ssocia[ed a C ��'� l»V W • wur The estimated sewage generated from the proposed project is determined according to the Elsinore Valley Municipal Water District criteria. The amount generated assumes an average daily flow of 100 gallons per person per day with an average population factor of 2.5 person /dwelling unit. Total average daily flow for the Tuscany Hills Specific Plan is summarized in Table 6. The criteria further assumes a peaking factor of 2.90 based on current EVMWD data. Peak daily flow is determined by multiplying the average daily flow by the peaking factor. TABLE 6 Estimated Sewage Generation Average Daily Flow Population MGD 5,000 .50 -0- .01 5,000 .51 The existing EVMWD treatment plant, located approximately five miles northwest, is proposed to be expanded to a capaciti'• of 3.0 million gallons per day by 1990. Ultimately, the capacity of this plant will be 5.0 million gallons per day. A new treatment plant is proposed in the EVMWD Master Plan, to be located west of the project site. The sizing and construction of all sewer facilities has been, and will continue to be, coordinated through the Elsinore Valley Municipal Water District, who ultimately has the — responsibility of owning and operating the system. Any oversizing of facilities to accommodate adjacent and other proposed land development will be done according to EVMWD standards. It is expected that the additional expense for oversizing facilities will be reimbursed to the project developer according to a standard system controlled by EVMWD. Phasing of the construction of all facilities will be accomplished in accordance to the overall land development Phasing Plan (Section XII). The proposed sewage disposition system is shown on Exhibit 14. The system consists primarily of 8" sewer lines along the major arterials and collector streets. Force mains will be required along portions of Summerhill Road as indicated. A 21" line is required along Summerhill Drive to the east to serve the estate development in the higher terrain and from the lift station north to Greenwald. Drainage Facilities The design of the storm drain system has considered the runoff anticipated to be generated by the proposed densities within Tuscany Hills. Specific drainage systems will be designed as each planning area develops. Drainage systems will comply with adopted City standards. The proposed drainage system utilizes natural drainage channels to the greatest extent possible, although improvements will be necessary to accommodate expected flows from new development. The proposed drainage facilities are delineated in Exhibit 15. Solid Waste Disposal Residential solid waste produced in the Lake Elsinore area is currently disposed of in the Double Butte landfill site located at 31710 Grand Avenue, Winchester. The site was opened in 1973 and is owned by the County of Riverside and. operated by the Riverside County Waste Management Waste Disposal Division. The City and County are reviewing the potential for expansion of the present site for commercial and /or alternative facilities. 30 0 Dwelling Land Use Acreaee Units Single Family 713 2,000 School 11 -0- Total 2,000 Average Daily Flow Population MGD 5,000 .50 -0- .01 5,000 .51 The existing EVMWD treatment plant, located approximately five miles northwest, is proposed to be expanded to a capaciti'• of 3.0 million gallons per day by 1990. Ultimately, the capacity of this plant will be 5.0 million gallons per day. A new treatment plant is proposed in the EVMWD Master Plan, to be located west of the project site. The sizing and construction of all sewer facilities has been, and will continue to be, coordinated through the Elsinore Valley Municipal Water District, who ultimately has the — responsibility of owning and operating the system. Any oversizing of facilities to accommodate adjacent and other proposed land development will be done according to EVMWD standards. It is expected that the additional expense for oversizing facilities will be reimbursed to the project developer according to a standard system controlled by EVMWD. Phasing of the construction of all facilities will be accomplished in accordance to the overall land development Phasing Plan (Section XII). The proposed sewage disposition system is shown on Exhibit 14. The system consists primarily of 8" sewer lines along the major arterials and collector streets. Force mains will be required along portions of Summerhill Road as indicated. A 21" line is required along Summerhill Drive to the east to serve the estate development in the higher terrain and from the lift station north to Greenwald. Drainage Facilities The design of the storm drain system has considered the runoff anticipated to be generated by the proposed densities within Tuscany Hills. Specific drainage systems will be designed as each planning area develops. Drainage systems will comply with adopted City standards. The proposed drainage system utilizes natural drainage channels to the greatest extent possible, although improvements will be necessary to accommodate expected flows from new development. The proposed drainage facilities are delineated in Exhibit 15. Solid Waste Disposal Residential solid waste produced in the Lake Elsinore area is currently disposed of in the Double Butte landfill site located at 31710 Grand Avenue, Winchester. The site was opened in 1973 and is owned by the County of Riverside and. operated by the Riverside County Waste Management Waste Disposal Division. The City and County are reviewing the potential for expansion of the present site for commercial and /or alternative facilities. 30 0 C co C C 30" t_ L I_ L. L L L � L l -� STORM DRAIN FACILI'T'Y PLAN MTHIN ASSESSMENT DISTRICT ROADS SCALER" =1155' EXHIBrr 15 (p mon..ou Fl a r I r 1.� I I.� L L L L ) / VII. PUBLIC FACILITIES Police Protection The Riverside County Sheriff's Department will provide protection to the project area from an existing substation located at 117 South Langstaff in Lake Elsinore. This station is located approximately 10 miles from Tuscany Hills with an average response time of less than 10 minutes. Fire Protection Tuscany Hills is served by the Riverside County Fire Department, under a contract with the City of Lake Elsinore, on an "on -call" basis from the Elsinore Fire Station located at 410 West Graham with response time of 10 -12 minutes. A possible fire station location can be accommodated in Tuscany Hills and is shown on the southwest corner of the Land Use Plan (Exhibit 8). Schools An 11 -acre elementary school site and an adjacent 5 -acre park have been provided in the central portion of the site along Summerhill Drive. An Agreement to dedicate a school site to the Lake Elsinore Unified School District has been reached. There is also an existing agreement for impact mitigation between the property owner and the Lake Elsinore Unified School District covering the high school (see Technical Appendix). These agreements were reached with the Lake Elsinore Unified School District and the Elsinore Union High School District. Additionally, the property owner and the School District are jointly pursuing an -- expedited program for the construction of an elementary school on the to -be- dedicated site. The School District has requested the pursuit of a joint school /park site and agreement. Estimated student generation from the project is summarized below. TABLE 7 Estimated Student Generation Dwelling Student Generation Land Use Units K -6' 7 -122 Single Family Residential 2,000 1,166 ' .583 students /dwelling unit 2 .2 students /dwelling unit 33 400 Total 1,566 Parks and Recreation There are a variety of public, quasi -public and private recreational facilities in the Lake Elsinore area. Lake Elsinore is a State Recreational Area, and Lake Elsinore State Park is located on the northwest shore of the lake. There are several privately managed campgrounds along the lake's shore. r No recreational facilities are maintained by the City of Lake Elsinore within two miles of it the project site. Yarborough Park, approximately two miles east of the project site, is the closest recreational facility. Yarborough Park is located in the downtown area of the City r of Lake Elsinore. 1 The County maintains two parks in the region. Kabian Park, located on Goetz Road in Perris, at the extreme northern end of Canyon Lake, offers public trails through natural open space and scenic resources. The Park comprises approximately 640 acres. Lake ( Skinner County Park offers picnicking, fishing, and water - oriented recreation within its 6,000 acres. The Development Agreement of 1980 includes a 35 percent open space requirement. Parks, private recreation areas, open space, the wildlife corridor, and lake area comprise approximately 253 acres. This acreage, plus approximately 88 acres of manufactured slopes make up the 35 percent open space requirement. Three park sites are provided, for total of 46 acres. One park site, in conjunction with the elementary school site along La Strada and Summerhill Drive contains 11 acres for the schoolsite and 5.3 acres for the public park site. Another is a 35 -acre park at the extreme southeastern corner of the study area, across the San Jacinto River. The third park, approximately 3.2 acres, is adjacent to the proposed Lake along Summerhill Drive in the — northern half of the site. The precise program for this park site will be approved by the City's Community Services Director. L L L 34 1 VIII. Development Standards I� VIII. DEVELOPMENT STANDARDS j Introduction This chapter establishes zoning and land use development standards for each of the land uses planned for the Tuscany Hills Specific Plan. Exhibit 8, Land Use Plan, depicts zoning for the entire Tuscany Hills Specific Plan. Zoning districts include the following: o R -SF - Single -family residential zone o C -1 - Neighborhood commercial zone o OS /R -Open space /recreation zone The permitted uses, development regulations, and design standards of the designated zone shall apply to the appropriate project planning area, as shown on Exhibit 8. This Chapter of the Tuscany Hills Specific Plan contains zoning for the entire project area which will be adopted by ordinance. When provisions contained here conflict with the City of Lake Elsinore Zoning Ordinance, these development standards shall supersede. In addition to the Tuscany Hills Specific Plan development standards, this Specific Plan sets forth design guidelines. The design guidelines comprise Chapter IX of this text. They specify criteria for such items as landscaping, site planning, architecture, grading, signage, etc. It is the purpose of those guidelines to augment the development standards for Tuscany Hills. Regulations For and Uses Permitted in All Zones A. Notwithstanding any other provisions of this ordinance, the following general uses f may be permitted in any zone classification in Tuscany Hills provided that a use t_ permit is granted pursuant to the provisions of the Lake Elsinore Zoning Ordinance. 1. Educational institutions 2. Churches, temples and other places of religious worship 3. Government uses 4 Any hospital or other facility that is licensed by the California Department of Public Health, or by the California Department of Mental Hygiene, not including a family care foster home or group home that services six or fewer persons 5. Any home or other facility for the aged or for children that is licensed by the California Department of Social Welfare or by the Riverside County Department of Public Welfare, not including a home or facility that serves six or fewer children or aged persons 6. Public utilities B. In addition to the aforementioned uses requiring a use permit, the following uses may be permitted in any zone classification. No permits other than a building L permit are required. L 1. Public parks and public playgrounds, lakes, recreation or open green space, athletic playing fields, riding trails, hiking and bicycle trails and related facilities L 2. Accessory buildings, structures and uses related and incidental to a permitted use L3. Fire and police stations 35 L I� I I C C L L H L L L L 4. Public and quasi -public facilities 5. One single family detached residential unit per legal lot, regardless of lot size 6. Electrical, gas, cable TV, and telephone distribution and service facilities C. General provisions, site planning guidelines, and architectural and landscaping standards shall apply to all zone contained herein unless otherwise noted. D. The City of Lake Elsinore Zoning Ordinance (hereinafter referred to as "zoning ordinance ") in effect at the time of adoption of the Tuscany Hills Specific Plan shall apply to all zones unless otherwise noted herein. Single Family Residential Zone A. Purpose and Intent The R -SF Zone is intended to accommodate residential projects comprised of quality single -family residences developed in an urban environment with available public services and infrastructure. B. Permitted Uses Uses permitted in the R -SF Zone shall include those uses listed below when developed in compliance with the purpose and intent of this Chapter. 1. Single -family detached dwelling units; one dwelling unit per lot. 2. Accessory uses and structures pursuant to "Accessory Uses and Structures," below. 3. Temporary uses and structures pursuant to "Temporary Uses and Structures," below. 4. Small family day care and residential care facilities pursuant to Chapter 17.16 of the Zoning Ordinance. 5. Utility distribution and transmission facilities, including private radio, television, and paging antenna and towers. 6. Government buildings and service facilities. 7. Public parks, playgrounds, community centers, recreation buildings, and public schools. 8. Manufactured houses in compliance with the provisions of Chapter 17.14 of the Zoning Ordinance. 36 L D I� rri 1 C. Uses Subject to a Conditional Use Permit It is recognized that certain uses while similar in characteristics to the above permitted uses may have the potential to impact surrounding properties and therefore require additional approval and consideration. Uses permitted subject to approval of a use permit, pursuant to Chapter 17.74 of the Zoning Ordinance, in the R -SF Zone shall be as follows: ' 1. Large family day care homes in compliance with the provisions of Chapter 17.16 of the Zoning Ordinance. 2. Second units in compliance with the provisions of Chapter 17.17 of the Zoning Ordinance. The following temporary (no more than two years) uses are permitted in the R -SF Zone, subject to the approval of the Community Development Director: 1. Temporary construction facility during construction, including trailers. 2. Temporary real estate office and model homes located within a subdivision (see Exhibit 16). 3. Real estate signs, flags, future development signs, and directory signs in L conformance with Development Standards contained herein (see Exhibits 17 and 18). L L1 37 L 3. Keeping of exotic animals or birds, or more than three (3) dogs and /or cats, on the same lot as a permitted dwelling for pets only and not for commercial purposes. The Planning Commission shall impose adequate limitations to ( assure that the residential character of the property and neighborhood are i maintained. 4. Horticultural uses, including growing of fruit, nuts, vegetables, and ornamental plants for commercial purposes. D. Accessory Uses and Structures Permitted The following accessory structures and uses customarily incidental to any of the above uses shall be permitted in the R -SF Zone: 1. Arbors, trellises, gazebos and similar shade structures of open construction 2. Fences and walls 3. Garages 4. Patio covers 5. Swimming pools and spas 6. Home occupations (in accordance with Section 17.15 of the Lake Elsinore Municipal Code) 7. Tennis and racquet courts 8. Pedestrian and bicycle trails E. Temporary Uses Permitted The following temporary (no more than two years) uses are permitted in the R -SF Zone, subject to the approval of the Community Development Director: 1. Temporary construction facility during construction, including trailers. 2. Temporary real estate office and model homes located within a subdivision (see Exhibit 16). 3. Real estate signs, flags, future development signs, and directory signs in L conformance with Development Standards contained herein (see Exhibits 17 and 18). L L1 37 L S a 8 U N WZ 2a` O W W O O Z Q J Q W F N i n 4 rll 11 111 I: 1 i I:ii; tri; r it i ! ! E! iii`{ "`t: ;!! 1 !!1! !ii!' !I � � � m I � 1► 11 i► ► ! (I ill ii!i I! X it w w' _ ` ► lilli Iii► , I II ►I illi►i!i 14►l� I► 111 li i I li hi I ►i G!i;;llfi I I ( I► li(� j' , II ! I lil;;I ►;!;IIIIII�(bli�li liil i �I IIIII� ;;I ;;I ;;I i h h h f ;;I I;dt l; r,' 1 ui dl I 000 CA z S a 8 U N WZ 2a` O W W O O Z Q J Q W F N i n 4 I C 1 1 I L L L t L TUSCANY HILLS r NOT TO SCALE T EXHIBIT 17 m SIGNAGE PROGRAM I I NOTE: REFER TO EXHIBIT 18 FOR LEGEND TUSCANY HILLS r NOT TO SCALE T EXHIBIT 17 m r r r r r 1 r r l L L L L_ SIGNAGE IDENTIFICATION TYPICAL FLAG +f Posrs � PJS"i3`]Y �.'iARf FCYIfY O xv GU¢ a TYPICAL FUTURE USE SIGN T°r _ TYPICAL �LA. R SIGN .r o VALTELENA H.ma d Ua d oev. Grp. o.a TYPICAL ENTRY MONUMENT NOT TO SCALE EXHIBIT 18 J J v 1 / F. Development Standards The following development standards shall apply in the R -SF Zone: 1. Minimum lot area: The minimum lot area in the R -SF Zone shall be 4,000 square feet. The average lot area for the Tuscany Hills Specific Plan area shall be 5,500 square feet. 2. Minimum street frontage: The minimum street frontage in the R -SF Zone shall be 50 feet, measured 35 feet from the sidewalk. Lots fronting on cul- de -sacs and pie- shaped lots shall have a minimum street frontage of 30 feet. 3. Maximum lot coverage: The maximum lot coverage in the R -SF Zone shall be 60 percent. 4. Minimum dwelling unit size: The minimum dwelling unit size within the R -SF Zone shall be 1,000 square feet exclusive of garage area, provided that at least 20% of the total number of units within any phase shall exceed the minimum square footage by 15 %. 5. Maximum building hei ht: The maximum building height in the R -SF Zone shall be 35 feet, exclusive of chimneys and other appurtenances where the maximum height is 37 feet. 6. Minimum setbacks: The following setbacks shall apply in the R -SF Zone i (see Exhibit 19): ( a. Front yard: 10 feet for main dwelling unit b. Rear yard: 10 feet for main dwelling unit; 5 feet for accessory structures C. Side yard: A cumulative total of 10 feet for both sideyards of main dwelling unit; 5 feet for accessory structures Ld. Garage placement: The point of vehicular entry to a garage of carport shall be a distance of 5 feet or less, L or 20 feet or more from the back of the sidewalk. Automatic garage door openers are required for garages set back less than 20 feet to the point of vehicular entry (Exhibit 20). e. Intrusions into setbacks: Minor intrusions into setbacks will be allowed for fireplaces, chimneys, eaves, balconies, L soundproofed pool equipment facilities and other appurtenances as may be approved by ` the Community Development Director or his Ldesignee. 7. Parking: The provisions of Chapter 17.66 of the Zoning Ordinance shall be Lused to determine the required parking for development in the R -SF Zone. 41 L RESIDENTIAL STRUCTURAL SETBACKS L L L NOT TO SCALE MINIMUM SETBACK FROM STREET & REAR PROPERTY LINE TO MAIN DWELLING UNIT social EXHIBIT 19 I" . . . . . . . . . . . . . . . . . . . . . . . ............ .. . .................. ........... . ol IV 81 51 51 mm lo* (r e--5, o.. ..... ....... .............. LOT A LOT B tE STREET L L L NOT TO SCALE MINIMUM SETBACK FROM STREET & REAR PROPERTY LINE TO MAIN DWELLING UNIT social EXHIBIT 19 I" P/L P/L P/L 7 NOT TO SCALE GARAGE PLACEMENT To allow for varied setback, the point of vehicular entry to a garage shall be a distance of five feet (5') or less, or twenty feet (20') or more from the back of the sidewalk. Automatic garage door openers are required for garages set back less than ten twenty feet (20') to the point of vehicular entry. aeoci.te� EXHIBIT 20 I 8. Signs: The provisions of Section 9, Design Guidelines, shall be used to determine permitted permanent signs in the R -SF Zone. Temporary signage r as permitted above shall consist of the following: 1 Flags - Flags will be used along the major project entry, Summerhill Road, to attract visitors to the community. Future Use Signs - This sign, also of a temporary nature, notifies potential buyers of future community facilities and developments. These signs will be removed upon the completion of the facility or developments. Udder Signs - These signs will be located at major intersections within the project to assist buyers in locating model complexes. These signs are also temporary and will be removed upon "sellout of the complex. Entry Monument Signs - These signs will be located at major project entries. These signs are permanent. Exhibit 21 illustrates identification signs, flags, and directional signs. These signs are temporary in nature and are typically removed when the models themselves are sold. Pennanent signs will be pursuant to the design guidelines. 9. Minor Design review: Prior to the issuance of building permits, development for residential or commercial uses shall submit applications for design review. - Said applications shall be approved administratively by the Community Development Director or its designee. Design review shall be completed within 30 days of submission with a determination that the project is { approved, conditionally approved, or denied. The following exemptions shall L apply: Ia. Additions or alterations to an existing structure which do not change 1 the use from one permitted in the residential categories and which does not increase the floor area by more than 50 %. b. Accessory structures other than garages, enclosed patios, workshops, cabanas, and similar enclosed structures containing 600 or more square feet of floor area, provided they are located no closer to a property line than the setback prescribed for the main dwelling unit, except that straight -in entry garages may be required a greater setback. L C. Fences and walls: Although fences and walls do not need formal Design Review approval, their proposed location and design must be approved by the Community Development Director prior to Lconstruction or installation. 10. Design standards: Chapter 17.14 of the Zoning Ordinance contains L residential development standards applicable to all projects within the city regardless of zoning district. It is therefore important that the provisions of Chapter 17.14 of the Zoning Ordinance be considered together with the Lregulations contained herein for the R -SF Zone. Where the standards 43 A t_ I H f contained in the R -SF Zone are different from those contained in Chapter 17.14, the R -SF Zone standards contained herein shall prevail. 44 18• _+ 0 mt � 4�! N 4 € � i x rf$Q _Lo tt Q, y t h M1 i SaR� m fix s° 3.3 1/2• a Om i O r a z 0 z • t0. J i 1A• Imo sa .. ' r O fix s° 3.3 1/2• a Om i O r a z 0 z • t0. J i t l 1 L L L L L L IX. Design Guidelines L L i I I 11. Other: a. A maximum cul de sac length of 1,000 feet shall be allowed in the R -SF Zone. b. Automatic garage door openers will be required on all garages with setbacks less than 20 feet. C. Mail boxes on the street will be placed at the property line or as required by the post office. d. All driveways must be concrete; use of asphalt may be requested for review and approval of the Community Development Director. e. Site development permit applications shall include: plot plans, elevations and preliminary landscape plans. The site development permit application shall be submitted in the form and number as required by the Community Development Director or designee. All site development permit applications shall be reviewed by the Planning Commission. f. Alternative development standards, other than those specified for the R -SF Zone, may be requested if the developer can show how the project will better serve the public interest. Neighborhood Commercial Zone A. Purpose and Intent The C -1 Zone is primarily intended to accommodate a shopping area that provides convenience goods and services for the residential neighborhoods. Because of the Llimited size of this area and its proximity to residential neighborhoods, strict development standards have been designed to minimize possible conflicts with L adjacent residential uses. Neighborhood commercial developments must be carefully monitored to ensure continual compatibility between residential and commercial developments. Only two areas of the Tuscany Hills Specific Plan Land Use Plan allow commercial development. Although designated for single family residential L development and recreational park, these two areas also allow for commercial development as specified below. B. Permitted Uses Uses permitted in the C -1 Zone shall include those uses listed below when developed in compliance with the purpose and intent of this Chapter. Each use shall be evaluated in terms of its design characteristics and specific site location pursuant to L the provisions of Chapter 17.82, Design Review, of the Zoning Ordinance. L1. Retailing of consumer convenience goods and services: Antique shops Appliance stores, household L Art supply shops and studios Automobile parts and supply stores Bakeries L46 L I C I I I I I L L L C. L L I Banks and financial institutions Barber shops and beauty salons Bath shops Bicycle shops Book stores Clothing stores Confectioneries or candy stores Drug stores Dry cleaning establishments and laundry agencies and self - service dry cleaning and laundry establishments Florists Food markets, supermarkets and grocery stores Gift shops Garden supply shops Hardware stores Hobby shops Health and fitness centers and clubs Ice cream shops and frozen yogurt shops Instant printing and duplication service provided there is no pick -up and delivery service Jewelry stores Laundries and Laundromats Leather goods stores Liquor stores Locksmith shops Music stores News stores Notions and novelty stores Nurseries, horticultural and garden supply stores Pet shops and pet supply shops Photographic shops, studios and photo engraving Produce markets Shoe stores and repair shops Stationery stores and card shops Tailor shops Travel agencies Watch repair shops 2. All land uses permitted in the single family residential zone shall be permitted in the C -1 Zone. 3. Any other use which the Community Development Director may find to be similar in character to the uses, including accessory uses, enumerated in this section and consistent with the purpose and intent of the C -1 Zone. Uses Subject to a Conditional Use Permit It is recognized that certain uses, while similar in characteristics to the above - permitted uses, may have the potential to impact surrounding properties and, therefore, require additional approval and consideration. Uses permitted subject to approval of a use permit, pursuant to Chapter 17.44 of the Zoning Ordinance, in the C -1 Zone shall be as follows: 47 L IV IV )_1 / 1. Bars and cocktail lounges, including live entertainment 2. Car washes. 3. Delicatessens 4. Fast food restaurants including drive -ins and drive - throughs 5. Gasoline service stations 6. Restaurants, including live entertainment D. Accessory Uses and Structures Permitted Uses customarily incidental to the above uses and accessory buildings, when located on the same lot, including a storage garage for exclusive use of the patrons of the above stores and businesses. Open storage of any goods or materials is NOT permitted. E. Temporary Uses Permitted The following temporary uses (no more than two years) are permitted int the C -1 Zone subject to the approval of the Community Development Director: 1. Christmas tree and pumpkin sales. 2. Temporary construction facility during construction. 3. Temporary real estate offices. 4. Model homes located within a subdivision to be used only for and during the original sale of the subdivision. 5. Outdoor sales and exhibits 6. Special advertisements - -flags, banners, balloons, hot air balloons 7. Real estate signs, flags, future development signs, and directory signs in — conformance with Development Standards contained herein see Exhibits 17 and 18). F. Development Standards The following development standards shall apply in the C -1 Zone: L 1. Site criteria: There shall be no minimum lot size required for a parcel in the C -1 Zone. However, in establishing and maintaining locations or approving uses for the C -1 Zone it shall be demonstrated that the property is capable of compliance with the following criteria: a. The site can support safe and efficient on -site circulation and has convenient access to surface streets with adequate capacity. �- b. There is sufficient parcel size to ensure adequate buffering and screening where needed to protect residential developments. i - C. The site is physically suitable for the proposed type and density of development and capable of permitting full compliance with the City's development standards and practices. 2. Floor area ratio: The maximum floor area ratio in the C -1 Zone shall be L .50. 3. Maximum building height: The maximum building height in the C -1 Zone shall be 35 feet. L 48 L 4. Minimum setbacks: The following setbacks shall apply in the C -1 Zone: a. Ten (10) foot minimum setback from a property line abutting the street. r b. Twenty (20) foot minimum setback from a property line abutting i residential and open space /recreation zones. C. No minimum setback from a property line abutting a commercial zone. 5. Parking: The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the parking for development in the C -1 Zone. 6. Signs: The provisions of the Section 9, Design Guidelines, shall be used to determine permitted signs in the C -1 Zone. Temporary signage, as permitted above, shall comply with the signage program identified previously for the R -SF zone. 7. Design review: No building permits shall be issued for the construction of any building or structure in the C -1 Zone until the applicant has obtained Design Review approval pursuant to the provisions of Chapter 17.82 of the Zoning Ordinance. 8. Landscaping: All areas not utilized for structures, parking, or other permitted uses shall be landscaped. In addition, the following minimum — standards shall apply: a. Adjacent to streets - A continuous area, a minimum of ten (10) feet in depth, shall be landscaped and maintained between parking area ( and the public right -of -way. Parking areas should be screened as much as possible utilizing berms. Lb. Buffer landscaping - A continuous landscape buffer, with a minimum of fifteen (15) feet in depth shall be maintained adjacent to interior property lines which abut residential development. In addition, a minimum six (6) foot decorative block wall shall be provided. C. General - All building sites shall have a minimum landscaped L coverage equivalent to ten (10) percent of the total lot area. Such landscaping shall be automatically irrigated and shall be evenly distributed over the site and consist of an effective combination of L trees, ground cover and shrubbery, which may include landscaping required for setbacks or buffers. A reduction in coverage may be sought and approved during the Design Review process in recognition L of quality design. For the purpose of this provision, quality considerations include the use of courtyards, atriums, creative use of ground floor public space, creative use of water elements, and the incorporation of sculpture or art work in the landscape proposal. L9. Design standards: Chapter 17.38 of the Zoning Ordinance contains non- residential development standards applicable to all projects within the City Lregardless of zoning district. It is therefore important that the provisions of 49 L fi r Chapter 17.38 of the Zoning Ordinance be considered together with the regulations contained herein for the C -1 Zone. 10. Other: a. All roof - mounted mechanical equipment, satellite dishes, tanks, ducts, r elevator enclosures, cooling towers, or mechanical ventilators shall it be screened from the ground elevation view by architectural elements such as parapets, etc., to a minimum sight distance from immediately adjacent fronting streets. b. Site development permit applications shall include: plot plans, elevations and preliminary landscape plans. The site development permit application shall be submitted in the form and number as required by the Community Development Director. All site development permit applications shall be reviewed by the Planning {. Commission. c. Alternative development standards to those specified for the C -1 Zone may be requested if the developer can show how the project r will better serve the public interest. L Open Space /Recreation Zone A. Purpose And Intent The intent of the Open Space /Recreation Zone is to reserve land for park, school, — t and recreation uses; and to secure natural open space as a permanent public ! resource, in order to protect the public health, safety, and welfare and preserve environmental and scenic resources. Land placed in the Open Space /Recreation Zone shall include land under public or private ownership as follows: 1. Parks, picnic grounds, and playgrounds, including neighborhood and community parks C2. Game courts, including tennis, racquetball, and basketball 3. Athletic fields ' 4. Parking lots 5. Primary and secondary schools, both public and private 1` 6. Drainage or flood control channels, creeks, rivers, lakes and floodplains, including riparian habitat areas L7. Land which would endanger the health, safety, and public welfare of the residents, to include: a. Areas where terrain is too steep to build upon or where grading of the land may endanger public health and safety due to erosion by flooding L 50 L I I I IF f I L i L L L L L L L L b. Areas subject to flooding or inundation from storm water C. Geologically unstable areas d. Greenbelt areas which are formed by land development by preserving the land as a natural area 8. Areas of cultural or historical value of significance 9. Areas of outstanding natural, biological, or scenic value or significance B. Permitted Uses Those uses associated with 1 -9 above. No building or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes: 1. Drainage channels, bridges or crossings, watercourses, spreading grounds, settling basins, freeways, parkways, public streets, park drives, utility access roads, hiking /riding trails, and fire lanes 2. Privately owned or public recreational areas, parks, picnic grounds, playgrounds, wildlife preserve, and such buildings and structures as are related thereto 3. Game courts, including tennis, racquetball, and basketball courts — 4. Athletic fields 5. Parking lots 6. Equestrian facilities, including trails, riding stables, showgrounds and competition facilities 7. Primary and secondary schools, both public and private 8. Public and private utility facilities, such as pump stations, transmission towers, water reservoirs, substations, and similar structures 9. Wildlife or wilderness preserves 10. Mining operations in accordance with plan 11. Similar uses to those listed in this section, which in the opinion of the Planning Commission, would not be detrimental or incompatible with the intent and purpose of this Zone, as set forth herein. 51 b. Areas subject to flooding or inundation from storm water C. Geologically unstable areas d. Greenbelt areas which are formed by land development by preserving the land as a natural area 8. Areas of cultural or historical value of significance 9. Areas of outstanding natural, biological, or scenic value or significance B. Permitted Uses Those uses associated with 1 -9 above. No building or land shall be used, and no building or structure shall be designed, erected, structurally altered or enlarged except for the following purposes: 1. Drainage channels, bridges or crossings, watercourses, spreading grounds, settling basins, freeways, parkways, public streets, park drives, utility access roads, hiking /riding trails, and fire lanes 2. Privately owned or public recreational areas, parks, picnic grounds, playgrounds, wildlife preserve, and such buildings and structures as are related thereto 3. Game courts, including tennis, racquetball, and basketball courts — 4. Athletic fields 5. Parking lots 6. Equestrian facilities, including trails, riding stables, showgrounds and competition facilities 7. Primary and secondary schools, both public and private 8. Public and private utility facilities, such as pump stations, transmission towers, water reservoirs, substations, and similar structures 9. Wildlife or wilderness preserves 10. Mining operations in accordance with plan 11. Similar uses to those listed in this section, which in the opinion of the Planning Commission, would not be detrimental or incompatible with the intent and purpose of this Zone, as set forth herein. 51 C. Uses Prohibited in the Open Space /Recreation Zone 1. Residential uses 2. Commercial uses, other than those incidental to recreational uses permitted above 3. Industrial uses I 6. Parking: The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the parking for development in the Open Space /Recreation Zone. 7. Mechanical equipment: All roof - mounted mechanical equipment, satellite �- dishes, tanks, ducts, elevator enclosures, cooling towers, or mechanical ventilators shall be screened from the ground elevation view by architectural L elements such as parapets, etc., to a minimum sight distance from immediately adjacent fronting streets. L L L 52 D. Development Standards The following development standards shall apply in the Open Space /Recreation Zone: I 1. Minimum lot area: There is no minimum lot size requirement. r 2. Minimum street frontage: There is no minimum street frontage width, provided that each lot or parcel containing a school building or structure shall have a width of not less than sixty (60) feet at the building setback line. 3. Maximum lot coverage: No structure shall be permitted except accessory buildings or those structures related to public park and recreational facilities or utilities. In no case shall buildings or structures exceed thirty (30) percent of the total area in use, except for schools and associated buildings. 4. Maximum building height: No building shall exceed thirty-five (35) feet in height or more than one -story, except for public and private school buildings and structures which shall not exceed fifty (50) feet in height or four stories. 5. Minimum setbacks: There are no yard requirements for buildings which do not exceed thirty-five (35) feet in height. Any portion of a building which exceeds thirty-five (35) feet in height shall be setback from the front, rear and side lot lines not less than two (2) feet for each foot by which the height L exceeds thirty-five (35) feet. The front setback shall be measured from the master plan roadway right -of -way line. The rear setback shall be measured from the existing rear lot line or from any recorded alley or easement; if the rear line adjoins a street, the rear setback requirement shall be the same as ( required for a front setback. Each side setback shall be measured from the L side lot line, or from a master plan roadway right -of -way line. I 6. Parking: The provisions of Chapter 17.66 of the Zoning Ordinance shall be used to determine the parking for development in the Open Space /Recreation Zone. 7. Mechanical equipment: All roof - mounted mechanical equipment, satellite �- dishes, tanks, ducts, elevator enclosures, cooling towers, or mechanical ventilators shall be screened from the ground elevation view by architectural L elements such as parapets, etc., to a minimum sight distance from immediately adjacent fronting streets. L L L 52 J I 8. Design review: All structures, parking facilities, or storage lots and grading operations within the Open Space /Recreation Zone shall be subject to Planning Commission approval, and shall comply with all provisions of Chapter 15.64, Flood Hazard Areas, and Chapter 15.68, Floodplain Management, of the Zoning Ordinance. r 9. Other: No mechanical equipment, duct, elevator enclosure, cooling tower, or mechanical ventilator shall be erected, constructed, maintained or altered anywhere on the premises unless all such equipment and appurtenances are screened from public view by landscaping, walls, fences, and /or architectural structures. All fences, walls, and structures shall be of similar architectural elements, which are specifically permitted. C 1 I L L L L L L L 53 L f I IX. I 0 / DESIGN GUIDELINES General Guidelines, Purpose and Theme In the planning of Tuscany Hills, careful thought has been given to the integration of structural and aesthetic elements of an active community. To ensure that the Specific Plan is implemented in a manner that will bring Tuscany Hills a sense of its own character, a central theme has been devised. r. The intent in conceiving a theme for Tuscany Hills is to establish an environment that reflects its European elder, the southern European regions of Spain, southern France, and 1# Italy. Tuscany Hills should thus unite the beauty of the natural surroundings with the built environment, in the same way the gardens, vineyards, and surrounding landscape are an integral part of the Tuscany cottages and villas. This theme can be reflected both architecturally and within its landscape design. Rich earth tones and pure forms will dominate the architectural design, while the landscape design will introduce the same mosaic pattern reflective of its Tuscan example. With the fine architecture and bold landscape design, the community of Tuscany Hills will provide a unique and special environment reflective of its European parent. �. Compliance with these design guidelines will be determined by the Community Development Director. Specific project -wide design goals and objectives are as follows: 1. To provide the City of Lake Elsinore with the necessary assurance that the Specific Plan area will develop in accordance with the quality and character proposed herein. 2. To provide guidance to developers, builders, engineers, architects, and other professionals in order to maintain the desired design quality. t 3. To provide guidance to city staff, the Planning Commission, and City Council in the review of future development projects in the Specific Plan area. LLandscaping Guidelines Landscaping Goals and Objectives LThe following are the overall goals and objectives of the landscape guidelines: 1. To reduce emphasis on vehicular impact by careful placement of roads and parking areas, and screening of same from view. 2. To emphasize pedestrian access and circulation, especially between and around roads and buildings. ` Entry Statements L In designing the land use plan for Tuscany Hills, it was intended that a sense of arrival, form, material selection, color, and overall theme of the project be established. The major entry road to the community, Summerhill Drive, will have monumentation signifying entry L into the project. Project and neighborhood entries will establish the sense of arrival on a more specific locational basis. The entries, along with the Wall and Fencing Plan, are shown on Exhibits 22 and 23. Three levels of entry treatment are included in the Tuscany Hills project: 54 L ),/ MONUMENTATION, WALL & FENCING PLAN NORTHERN SECTION 1 l r L ' L i L L L L LSOURCE: KEITH FRENCH GROUP EGFND timmy Entry Moaumwutiao emvdary Entry Movuamuuau tru M.Jeet Eutry 4avumenutlau Lama wau .Wu sw. Wall Nmuppt troo Feo ,l .&a .Nlew Well nl -um, BauvEmiu N.T.S. EXHIBIT 22 c,naM swa,rra n )-l/ IONUMENTATION, WALL & FENCING PLAN fUTHERN SECTION T�e Will Stu—Wall ----------- t ..ught 4vn Fcna WS Fe. line Wm Fcnw 5R, -L-71 iL- � I i '• rwwrwJrYrrr — N.T.S. EXHIBIT 23 G��� LSOURCE: KEITH FRENCH GROUP LEGEND va T�e Will Stu—Wall ----------- t ..ught 4vn Fcna WS Fe. line Wm Fcnw 5R, -L-71 iL- � I i '• rwwrwJrYrrr — N.T.S. EXHIBIT 23 G��� LSOURCE: KEITH FRENCH GROUP I 1 1. Primary Entry The major entry monumentation at Summerhill Drive will consist of two major elements. The first is a monument with a series of cascading waterfalls. The second element consists of a series of terraced walls with cascading water falling into pools. Tall vertical trees will serve as a back drop for this feature. Light earth tones will be predominant in material choices. Exhibit 24 illustrates the Primary Entry Monument and Streetscape Plan; Exhibit 25 illustrates the Primary Entry Monument Elevation. 2. Secondary Entry The secondary entry serves as an arrival point to the main project community and formally sets the theme for the community. Secondary monumentation will feature the same material choices and color palette, but will be much simpler in design. Exhibits 26 and 27 illustrate the Secondary Entry Monument Plan and elevation. 3. Tertiary Project Entries Entry into actual project or neighborhood areas is signified by the Tertiary/Project Entry. Overall, the project entries shall provide focus for and identification of the individual project it promotes. Tertiary monumentation will be smaller in scale, providing a transition to pedestrian scale, but will reflect the same image and design t quality that is exhibited in the primary and secondary entries. The project entries are found primarily off secondary streets into individual neighborhood enclaves as illustrated on Exhibits 22 and 23. Exhibits 28 and 29 illustrate Tertiary/Project Entry monument plans and elevations. - Streetscapes A street hierarchy has been established in order to present a clean distinction between the relative level of streets and to emphasize certain key aspects of Tuscany Hills. This hierarchy is depicted in general format terms in the Conceptual Landscape Plan, Exhibits 30 and 31, and on the Streetscape Plant Palette, Table 8. This hierarchy will in part be established by the street landscaping, which has been chosen to reflect the project's overall "Tuscany" theme. Careful consideration of the relationship between street and plant material characteristics will help establish a character to reinforce this theme. There are Lthree levels of street hierarchy in Tuscany Hills which are discussed below: 1. Primary Street ( Summerhill Drive) A semi - formal landscape concept is proposed for Summerhill Drive and is shown in detail on Exhibit 32. This road will function as central "community collector" for L the project. Formal groupings of large spreading Red Oaks will be planted in the parkway along Summerhill Drive. An understory of ground cover will-complete the treatment. L2. Secondary Streets The secondary street landscape concept will be less formal, transitioning to more L formal theme of Summerhill Road. Informal groupings of London Plane trees will be planted with an understory of turf and slope planting where needed. Exhibit 33 shows the Secondary Streetscape Concept in detail. L 57 L n d i \ I 9 �1 a O `R, m z I � f a o v I r� \II O =u N ^y m n -1 A ),/ A I A 3' \� s3 J \ I _ `IJ\ -- 3 v it os In IO w_y 4 a i� 9�1 O G CD N O m ti O 5 J � G 4 a i� 9�1 O G CD N O m ti O 5 J l,/ MAN! m;ri'llielm __ ®mow, ��EMSSAS I %� r awl oil -, 1 h S s _ a w m 0 C N ro w 0 F; r-° I 1 1 — • c•® I Z�0 m -1 V J,/ a � .» n ,2 0 0 o p1 c B CD m co O .'7 FF I 0 a] wil T x m H S n m z (-per Q I vC m O C 9 1 Pn V ox x N m v y �dN klo --I 2=- N -t w� m a 0 c B CD b w n A % n � O N J r J 2 O 7 G N 5 M c� w L J J I- CONCEPTUAL LANDSCAPE PLAN rJ,oT �� ny 3 � ec.00c s� v.»c srtE ey i ,i� `'on6'a�.b L LSOURCE: KEITH FRENCH GROUP � O LEGEND NORTHERN SECTION cwren b � � 3 �..�� TACT 25075 Primary Street Tree ll ��Pee « e's oy rJ,oT �� ny 3 � ec.00c s� v.»c srtE ey i ,i� `'on6'a�.b L LSOURCE: KEITH FRENCH GROUP � O LEGEND e °9'.,�3°�''o-'a cwren b � � 3 �..�� TACT 25075 Primary Street Tree Red Oak OS ndary Street Tree IF W,eoua ,;�'�7RACT S ndary Street Tree B London Plan Tree Olntenor oje�e�r ..f Oleander Hedp Rows a Plavmn6 Uwt Boundaries c � 3q 3g YR+lCTC259 7. ge PARCEL 5 re e µ„ AR ©°EL 8 g F a C- 25QBO s "'; - aF+ ° TRACT 2507_ - b n3+ . ... wa"noan. J, rJ,oT �� ny 3 � ec.00c s� v.»c srtE ey i ,i� `'on6'a�.b L LSOURCE: KEITH FRENCH GROUP � O LEGEND •c °. i° S'.� o- a P..4ftCE22 cwren b Canary Island P nc �..�� TACT 25075 Primary Street Tree Red Oak OS ndary Street Tree W,eoua O S ndary Street Tree B London Plan Tree Olntenor oje�e�r Oleander Hedp Rows 1� Plavmn6 Uwt Boundaries YR+lCTC259 7. � L� o* A 3' �• :Y 9 $ }p rJ,oT �� ny 3 � ec.00c s� v.»c srtE ey i ,i� `'on6'a�.b L LSOURCE: KEITH FRENCH GROUP � O N.T.S. EXHIBIT 30 CV 1,u.lr� ssotiefe; ur ' c LEGEND Aoznt Trn Canary Island P nc O Primary Street Tree Red Oak OS ndary Street Tree W,eoua O S ndary Street Tree B London Plan Tree Olntenor Street Tree Oleander Hedp Rows Fed Mod cation Gone Plavmn6 Uwt Boundaries N.T.S. EXHIBIT 30 CV 1,u.lr� ssotiefe; ur ' c r CONCEPTUAL LANDSCAPE PLAN SOUTHERN SECTION r r t L r l L L L L LSOURCE: KEITH FRENCH GROUP N.T.S. EXHIBIT 31 Waker ssociate3 i a 9 TABLE 8 Typical Streetscape Plant Palette Primary Street Tree 1 Quercus rubra (Red Oak) - 24" Box Secondary Street Trees Magnolia grandiflora "Majestic Beauty" (Magnolia) - 24" Box Platanus acerifolia (London Plane Tree) - 24" Box Accent Trees - (min. 15 Gal.) Pinus canariensis (Canary Island Pine) lInterior Street Trees - (min. 15 Gal.) Geijera parviflora (Australian Willow) Ginko biloba (Maidenhair Tree) Koelreuteria bipinnata (Chinese Flame Tree) Koelreuteria paniculata (Goldenrain Tree) Lagerstroemia Indica (Crape Myrtle) Liquidamber sytraciflua (American Sweet Gum) Podocarpus gracilior (Fern Pine) Prunus blireiana (Hybrid Plum) Pyrus calleryana (Ornamental Pear) Pyrus kawakami (Evergreen Pear) L Quercus ilex (Holly Oak) Cinnamomum camphora (Camphor Tree) Pistacia chinensis (Chinese Pistache) Jacaranda acutifolia (Jacaranda) L Gleditsia triancanthus (Honey Locust) Bauginia purpurea (Purple Orchid Tree) LSource: Keith French Group L L l_ 66 1� o W _ N I wi r- F-- f- F f- r- F- F- F- 17- VE A CAI Ci CD rn IL 3. Interior Streets The interior neighborhood streets within Tuscany Hills are informal and pedestrian oriented. Canopy shade trees are to be regularly spaced within beds of ground cover and will provide a canopy over the sidewalks, creating a pleasant pedestrian environment. The use of different species of trees on individual streets or neighborhoods could uniquely identify various projects within the overall community. Landscape details for interior streets are shown in Exhibit 34. Landscaping Standards and Requirements for Commercial Overlay Developments Prior to the issuance of any building permits, detailed landscape and irrigation plans shall be reviewed and approved by the City. 1. All building sites shall have a minimum landscaped coverage equivalent to ten percent (10 %) of the total lot area. Landscaping shall be evenly distributed over the site and consist of an effective combination of trees, ground cover and shrubbery. 2. All projects shall provide landscape and irrigation for all areas not devoted to structures, paving, or approved storage areas. 3. All landscaping shall be maintained in a neat, clean and healthy condition, allowing the landscaping to improve and mature over the years. Landscape Maintenance Responsibility The landscape maintenance responsibility plan within Tuscany Hills is illustrated on Exhibits 35 and 36. The plan can be categorized as follows: 1. 2. 3. Landscape Maintenance Districts These areas are the responsibility of the Landscape Maintenance District and include: major slope areas along circulation routes, major and secondary monumentation, primay streetscape, the wildlife corridor, and the fuel modification zones along the perimeter of individual development areas. The maintenance of these facilities does not burden the City as they are paid for by the residents of Tuscany Hills. Master Association Areas These areas are the responsibility of the Tuscany Hills Master Association and . include: private recreation and community facility areas, and the lake area. Private These areas include slope areas within the property of individual homeowners as well as the maintenance of front yard landscaping. An illustration of typical front yard landscaping is provided on Exhibit 37. .e 9 r INTERIOR STREETSCAPE Ira -amf- . 1 L I� L L L L Single- Loaded Street Double- Loaded Street Irvraet-Trr,& �fl'�I'Tre?i ,1�1Aewml — SOURCE: I EXHIBIT 34 FLAAINTENANCE RESPONSIBILIY PLAN F40RTHERN SECTION & PHASING PLAN L i L L L L L LSOURCE: KEITH FRENCH GROUP lend for Maintmaom Responsibifity Plan meq.SlapeAUav Wiled by individual Developer Weidned by t adsmpe M1lainteoaam Dlslen,, Rameasnen Aemdallon nlledbyladividual Developer Imaiaed by Undsmpe Maimeoance District IlameW,aen Assrcietloa Wiledenema: Wiled by bn MIual Developer InlnioM by Ptivan Homeo.00 WileddW, Wd id d.1 Wiled by bw Unnal Developer inlaineE by lao .Mle \laioteoaoce Dinrlad iomeoamen ASSmutlon WWng Unit JIWW ric Wiled by Master Developef InWmrd by Hameoavee. Avoela,on tilled by, Uke Elsloom Srbool Diod o lnbined by LESD Wiled by Muster Developer lolalaed by City U.dacepe Meinlaioaoce bill (CLMD) .Wined by CLMD or Hameovo,ea Aesa. Ion v J J N.T.S. EXHIBIT 35 'N unsaker ssaciate; �w J-1 / RESPONSIBILITY PLAN & PHASING PLAN �.ecevo en rLtloyeA¢vs i uaeni.�u. ooaoP<r M - mm Ma rrzawce asma n . edb,IndUttdL' .ae. Ind o..ana. Pn.n<9oe<aan :: m :mlm ey mm.m�n w,.e�P<. M,mmin<a ey m.n<uoaz<o.a<r m :onw iq meimeon, 1--u. AlaimaineJ M MazNt A�¢uianun PL +anine U,11 PocnJaus N.T.S. EXHIBIT 36 C_C� o +nsaka ssaciate� y�w ■ 00 aCcu cli V N C a b C O w a a So O > > a to a r. = v r W 0 t g m W Z a 0 0 it x O 2 W LL S H W Y r 0 vancm�x +.r .. vwxk>c- ` -✓w�.® • ®. L__.; L— �— � � ® _ ® I___. I 1 I � - Site Planning Guidelines 1 Hillside areas predominate much of the Tuscany Hills site. The development is intended not only to preserve open space areas, but to complement existing topography to minimize r hillside grading. Residential areas are intended to be high quality, well designed } environments with high appeal to homeowners. The following guidelines shall apply to residential development in Tuscany Hills. 1. Curvilinear street layouts shall be encouraged to enhance streetscape. Long runs of straight local streets and 90 degree bends should be avoided. r 2. The use of geometric "grid" layout should be discouraged. t 3. Where possible in hillside areas, units should be clustered to preserve rock routcroppings and views and to minimize hillside grading. ` 4. A variety of lot configurations and sizes should be utilized to accommodate various product types and create project interest. :r 5. Views to open space areas and project amenities should be encouraged. Architectural Guidelines The following guidelines and standards set forth the basic architectural character and design theme of Tuscany Hills. These guidelines have been developed in order to achieve a high level of appearance, assure product compatibility, direct character and form and to establish the community's design criteria for use by builders and architects. Residential Architecture Each neighborhood in Tuscany Hills should have a distinctive architectural product type and /or style associated with it while keeping within the Tuscany community theme. Nearly Iidentical homes lining streets with neither variation in building placement or form shall be discouraged. Possible architectural product types and /or styles are illustrated on Exhibits 38 and 39, and major components of the Tuscany Hills residential architectural guidelines Lare discussed below. 1. Building Massing and Scale The architectural image of Tuscany Hills will be perceived primarily from public spaces such as streets, open spaces, and parks. Therefore, building massing, scale I and roof forms, as primary design components, require careful articulation in their architectural expression to these public spaces. Appropriate: I J o Articulation of wall planes Lo Projections and recesses to provide shadow and depth o Maintain varied and low profiles at property boundaries Lo Incorporate one and two story elevations conveying sense of human scale L73 L WOWT l Lam/ r ARCHITECTURE ELEVATIONS r T i. 1. LDN L L L L L California Ranch E%PANSNE USE SHALLOW Prr i OF GLASS 4:12 OR 6:12 FOR BASE AND FIREPLACES LAPPED WOOD SDNC Monterey Style ROOF P1iCH EAVES 24'- 30' 4:12 - 8:12 WITH tY - 18' RAKE n OF DOOR AND WMOWS OR FLANKED VM SH rTB:tS F1 SOURCE' msse RAN tv.;Ctvi EXHIBIT 38 / ARCHITECTURE ELEVATIONS Mediterranean Contemporary .. LIC�-(TLY GABLE OR icXTL.Fm STUCCO S. TLES FP ROOF AWNINGS JX34T FASCLA. ROOF PTCH ALLOWED I LITTLE OVERHANG &-12-&'12 49 arm It3 ACCENT BANDS OF RASTER DEEP SET . 'RECESSED GARAGE TLE BRICK. OR STONE SURSCL DS WIDOWS AND DOORS DOORS 17 LW Mediterranean Country SOURCE: a�nAN L^cctn EXHIBIT 39 Recessed door, window and wall openings are characteristic elements of the intended architectural style of Tuscany Hills. Appropriate: o Relative symmetric placement of door and windows o Large windows with divided lights Lo Windows trimmed out or flanked with shutters 5. Garages L Garages are a major visual element in single family housing. Ornamentation is encouraged as it relates to the architecture and provides visual variety along the streetscape. LAppropriate: Lo Staggered setbacks and placements o Visual design treatments including color accents and moldings L 76 L F] 2. Roof Pitches and Materials Simple pitched gable, hip, or shed roof forms shall be the predominant roof elements in Tuscany Hills. All pitched roof materials shall be clay or concrete tile, tone metal or copper, as approved by the City to ensure a continuity of textures and colors. Appropriate- 0 Simple pitched gable, hip, or shed roof forms Cornice banding o for detail o Combining one and two story elements o Creating jogs in ridge line 3. Materials and Colors Exterior building materials shall be of natural materials which are compatible with and reflect the elements of the surrounding natural environment. This includes wood, masonry, adobe, concrete, and plagter or stucco. Color is intended as a primary theme element reflecting the indigenous elements of the natural environment. The values should generally be light, with darker or lighter accents encouraged to highlight the character of the structure. Prohibited materials include vinyl or aluminum siding and dark earthtone colors. 4. Windows and Doors Recessed door, window and wall openings are characteristic elements of the intended architectural style of Tuscany Hills. Appropriate: o Relative symmetric placement of door and windows o Large windows with divided lights Lo Windows trimmed out or flanked with shutters 5. Garages L Garages are a major visual element in single family housing. Ornamentation is encouraged as it relates to the architecture and provides visual variety along the streetscape. LAppropriate: Lo Staggered setbacks and placements o Visual design treatments including color accents and moldings L 76 L F] D J,/ 6. Further Design Considerations Appropriate: o The use of balconies and porches o Columns and archways incorporated as a structural or aesthetic design element o Chimneys of simple design, having same material and color as the building o Private walls and fences are encouraged to provide security and privacy o Mechanical equipment must be screened from public view Commercial Design Criteria ' Retail structures permitted in overlay zones are intended to be complementary to the residential development in the community. The design should relate to the historical roots of Tuscany elements, including formal order, symmetry, classical vocabulary (domes, arches), ttowers, integration of automobile, and direct relationship to the sidewalk is encouraged. [ Adequate landscaping to soften building masses and parking areas should also be provided. Appropriate: o Smooth stucco, plaster or masonry walls j o Regular, even panels of smooth stone veneer of a light color ( o Combination of flat and sloped roof surfaces of clay or concrete tile, slate, Lcopper o Light, natural colors Community Walls and Fences Community walls and fences consist of elements that will face public streets or view corridors or that will be constructed in relation to public facilities or use. Community walls and fences serve as a unifying element along street corridors and link community project and neighborhood arrival. The overall wall and fencing plan for Tuscany Hills was Iillustrated in previous Exhibit 17. Five types of walls /fences are proposed and Exhibit 40 illustrates three of the proposed product types and their associated materials, which are discussed below: L 1. Theme Wall - This wall is used exclusively along the major circulation route through the project, Summerhill Drive. L2. Secondary Stucco Wall - This type of wall is essentially the same as the theme wall, but does not incorporate the use of stone. This wall shall be utilized in all other areas of the project where a solid wall is required. L 3. View Fence - In order to maintain views, this type of fence will generally be utilized where the elevational difference is greater or equal to 15 feet within or on the Lboundary of individual lots. The fence could be made of glass acrylic panels for 77 L WALL & FENCE ELEVATIONS Wrought Iron Fence Downslope 6jw Mao - cda✓ P -i I r COAormm- Fw%m WV .rwv FantvaA `Z r l I (- 1 L 1 pil;j�lili�' 1 IStucco /Stone Theme Wall & Pilaster I NIz � — Coon Odo we r�—"I iv 1: T A1'_: Secondary Stucco Wall & Pilaster 'rlroua�T Iron Pavicuio� • f"ravla�Gifwt�- hmei�rcn�' (�ra�wYd � cam^ p- iii _.�� 'CAl�irmA' Fµ1k7i1 1 N_ 1 li SOURCE- [in55EtnnN Li M-ME-2- i.'ccno EXHIBIT 40 noise reduction or wrought iron. This view fence will also occur at the perimeter of development areas adjacent to open space and fuel modification zones. Signage Program The signage program previously identified in Exhibit 18 for Tuscany Hills consists of temporary and permanent elements to assist visitors in locating model complexes and t` identifying key facilities of Tuscany Hills. In accordance with the Development Standards contained herein, flags, use signs and ladder signs are of a temporary nature only and will be removed upon project completion. The locations of entry monument signs are shown in Exhibit 17. These signs are permanent facilities. Exhibits 22 and 23 show primary, secondary and tertiary project entry monumentation. Exhibits 24 through 29 provide illustrations of typical monument signage. F I J L I i L I L79 L )I/ r J,/ X. IMPLEMENTATION As previously stated, the Tuscany Hills project Development Agreement has been approved by the City of Lake Elsinore. In addition, the southern half of the project has been approved via TTM 17413, revision #4. The purpose of this document is to bring together the planning studies and agreements that have occurred to date. However, several processes and procedures must be accomplished in order to implement the development plan contained within the Tuscany Hills Specific Plan. It must be established that the Specific Plan is consistent with all State and local requirements before it may be approved by City Council. Following its approval, several steps must be completed at the regional and state levels before actual development may commence. These steps and procedures are described in detail below. Consistency State Planning and Zoning Law r .e Section 65450 of the Government Code of the State of California (known as the State Planning and Zoning Act) gives authority for the preparation of specific plans. Section 65450 states: "The planning agency may, or if so directed by the legislative body, prepare specific plans based on the general plan and drafts of such regulations, programs, and legislation as may in its judgement be required for the systematic execution of the general plan and the planning agency may recommend such plans and measures to the legislative body for adoption." Article 8 through 10 of Chapter 3 of this law defines the scope, procedures for adoption and administration of specific plans and regulations. This Specific Plan has been prepared in accordance with these provisions of the State Planning ' and Zoning Act. California Environmental Quality Act The California Environmental Quality Act of 1970 (CEQA) was enacted in response to increasing public concern over the environment. In a 1972 landmark case, Friends of L Mammoth et al. vs. Board of Supervisors Mono County et al., the California Supreme Court ruled that Environmental Impact Reports must be prepared for both public and private projects having a significant effect on the environment. Environmental Impact Reports must be prepared for all specific plans. Focused EIRs or Negative Declarations may be adequate ( for lesser projects or for component projects which are part of a Master EIR. L An EIR was prepared for the project in 1979. Subsequently, an EIS was prepared for the I project in 1982. In order to ensure that environmental issues discussed in these two documents, accurately and completely reflect current conditions associates with Tuscany Hills, an addendum to the previous environmental documents has been prepared and is contained in Appendix A. L. City of Lake Elsinore General Plan L Section 65300 requires cities to adopt a comprehensive long -term general plan for the physical development of the City, and any land outside of its boundaries which in the planning agency's judgement bears relation to its planning. The City of Lake Elsinore L adopted its General Plan in December 1982 (Resolution No. 82 -83). The plan projects the development of the community to the year 1992. The project is consistent with the current general plan, as the site land use designation is Specific Plan. L80 0 I I 1 L. L L L L L L L L J -/ Specific Plan This Specific Plan shall be processed in accordance with the provisions of Chapter 17.99 (SPD) Specific Plan District, of the City of Lake Elsinore Zoning Code. This chapter provides for the processing of Nonconditional Specific Plans which allows for the approval of the Specific Plan document and zoning on the project site concurrently. As part of the process, the City Council establishes the development intensity for land uses within the project. Specific Plan Modifications /Amendments Minor modification to the approved Tuscany Hills Specific Plan will be allowed ?t the discretion of the Community Development Director. Any modifications to the Specific Plan must be consistent with the purpose and intent of the originally approved Specific Plan document. Appeals of the Community Development Director's decision shall be made to the Planning Commission. The Planning Commission shall act on appeal within thirty (30) days. All modifications or amendments to the approved Specific Plan, other than such minor changes, shall be processed as a Specific Plan amendment and are subject to all specific plan procedures. The following modifications constitute minor changes to the approved Specific Plan: 1) Transfer of Units: The maximum number of dwelling units in a residential area may be exceeded by up to 15% of the maximum, as long as an equal number or greater of excess units is available from a previously approved residential area which did not accomplish the maximum number expressed in that area to achieve an overall balance. 2) Roadways: Minor changes in roadway alignments and street sections are allowed, provided such changes are consistent with the streetscape concept for roads, and are subject to approval of the City Engineer and Community Development Director. 3) Phasing Program: The phasing program may be modified, provided the objectives of the program continue to be met, and provided that all infrastructure including, but not limited to roads, sewer facilities, water supply, and drainage facilities is available to serve proposed development. Any deviations from the Phasing Plan shall be subject to the approval of the Community Development Director, and if deemed to be a significant change, the Planning Commission. The following are administrative standards that apply to the implementation of future development applications (i.e., plot plans, tract maps, or parcel maps) for the Tuscany Hills Speck Plan: 1) Future tentative, or parcel maps and site plan review packages must be in substantial conformance with the development standards and design guidelines of the Tuscany Hills Specific Plan. 2) Final subdivision or parcel maps shall be in substantial conformance with the approved tentative or parcel map as well as the approved site plan package. 3) Building permits for dwelling units shall be issued when a final subdivision map has been recorded. Permits may be issued for model units prior to the final map recordation subject to the requirements of the City. 81 F1 II J r 4) Mitigation measures for environmental impacts shall be reviewed during the i tentative map /site plan review stage. The tentative map shall be conditioned as necessary to mitigate any remaining impacts at the construction stages. Approval of the final Specific Plan for the project shall be accomplished by Ordinance. l J i_ l L RE f f f l XI. Project Financing OWN= i f f f l XI. Project Financing [l XI. PROJECT FINANCING The funding techniques to finance the public improvements and public services incident to the development of Tuscany Hills are summarized as follows: 1. Assessment District C Homestead Land Development Corporation has heretofore constructed certain improvements to be acquired by the City generally described as follows: Acquisition of Summerhill Bridge: street, storm drain and sanitary sewer improvements; relocation of water mains; and appurtenances and appurtenant work together with incidental expenses in connection with the foregoing. i The bridge links Tuscany Hills with the property to the south. In order to pay for the cost of constructing and acquiring the improvements, the City has undertaken and completed proceedings for the formation of Assessment District No. 89 -1, pursuant to the Municipal Improvement Act of 1913 (Division 12 of the Streets and t Highways Code), and issuance of bonds representing unpaid assessments, pursuant t to the Improvement Bond Act of 1915 (Division 10 of the Streets and Highways Code). 2. Community Facilities District (Public Improvement s and Services) Under the Mello -Roos Community Facilities Act of 1982 (Chapter 2.5, Part I, ( Division 2, Title 5 of the Government Code), proceedings will be undertaken for the ( formation of two (2) or more community facilities districts to encompass the lands within Tuscany Hills (The "CFD "). Within each CFI), a special tax and issuance of bonds will be authorized. The special tax will be levied annually to pay for the cost of public services; to pay principal of and interest on bonds issued to finance public improvements; and to pay for incidental and administrative expenses in connection with the foregoing. The public services and improvements are generally described fas follows: l Police, fire protection, maintenance of parks, L parkways and storm drains together with incidental and administrative expenses in connection therewith. L Construction and acquisition of improvements for streets, sidewalks, curbs and gutters; street signs and traffic signals; street lights; water and sewer; storm drains; retaining walls and slope protection; acquisition of easements, rights -of -way and fee title L to land; and incidental and administrative expenses in connection therewith. LIn order to accommodate development, the CFDs shall be formed and bonds Iattributable thereto shall be issued as a condition to each phase of development. L L83 I] ,] I I N I I I L 11 III L 3. Landscaping and nd Lighting. District Under the Landscaping and Lighting Act of 1972 (Part 2, Division 15 of the Streets and Highways Code), proceedings will be undertaken for the formation of two (2) or more Landscaping and Lighting Districts to encompass the lands within Tuscany Hills (the "LLD "). Within each LLD, a special assessment will be authorized to be levied annually to pay for the costs generally described as follows: Maintenance and servicing of street lighting, landscaped areas and other improvements authorized in the proceedings for formation of the LLD, including acquisition of land for park, recreational and open space purposes,, together with incidental and administrative expenses in connection therewith. In order to accommodate development, the LLDs shall be formed as a condition to each phase of development. RE J J J J r r r r r r L I_ I L 1. L L 1/ Al. Project Phasing J r iXU. PROJECT PHASING Tuscany Hills will be a master planned community phased over an approximate sixe year period. Homestead Land Development Corporation is committed to building a significant portion of the units approved. However, in order to satisfy the tremendous financial commitment to infrastructure, it is necessary to provide a multitude of differing product types to increase market absorption and reduce the capitalization of interest carry. For these reasons, the development program is to sell planning units of approximately 200 lots to builders who have developed a reputation for quality construction, while still exerting architectural control to assure compliance with thematic and construction quality guidelines. The project is anticipated to develop in several tentative tract maps and four major phases. Phases 1 and 2 are the two phases of approved Tentative Tract Map 17413, and Phases 3 and 4 are the northern portion. The phasing program for the Tuscany Hills Specific Plan is based on the following objectives: 1. Provide for an orderly build -out of the community based on current market trends 2. Insure adequate public facilities and services concurrent with private development I 3. Provide a range of housing opportunities at a variety of densities as the community develops 4. Protect the public health, safety, and general welfare Residential development is primarily a function of current market conditions. The timing of development can only be estimated, however, a general phasing program can be L projected. Anticipated buildout of the project is expected to be approximately six years as illustrated by Table 9. Exhibits 41 and 42 provide development phasing plans and phasing Iplans for backbone infrastructure. L. The phasing program for residential and commercial uses in Tuscany Hills consider the following factors: L1. Phasing of grading and balancing of cut and fill to the extent practical 2. Adequate access to Specific Plan areas 3. Infrastructure phasing 4. Marketing viability and access 5. Availability of emergency access routes for each phase of development LPhases 1 and 2 (Tract 17413) Phase 1 consists of approximately 541 units within parcels 1, 4, 5, 7 and 15. The L development of these models will start early in 1990, with first occupancy by May 1990. Included within the total amount of Phase 1, approximately 24 estate custom lots will be built. L85 L r 1 t 1 L L. L L Planning Unit Year PM23910 -1 PM23910 -2 PM23910 -3 PM23910-4 PM23910 -5 PM23910 -6 PM23910 -7 PM25005 -1 PM25005 -2 PM25005 -3 PM25005 -4 PM25005 -5 PM25005 -6 PM25005 -7 PM25005 -8 PM23910 -15 Total TABLE 9 Project Phasing 1990 1991 1992 1993 1994 Total 100 107 207 100 93 135 50 69 122 100 152 50 78 77 77 4 4 6 6 4 24 81 100 181 100 25 125 65 100 165 32 70 102 100 41 141 75 100 157 51 80 131 105 105 50 30 _ _ _ 80 454 502 588 427 29 2000 M DEVELOPMENT PHASING PLAN LEGEND I11111Y111N PHASE 1 PHASE 2 PHASE 3 SCALE:1" =1155' EXHIBfT 41 �urtsj t Cs m 1 f t i t_ t i_ L L L L L L J w i LEGEND ASSESSMENT .... DISTRICT 1A PHASE 1 ASSESSMENT MiM DISTRICT 1B PHASE 2 ASSESSMENT DISTRICT 2 PHASE 3 ASSESSMENT DISTRICT 2 PHASE 4 SCALE:1" =1155' EXHIBIT -12 sanssocl t4S I� Phase 2 will consist of approximately 498 units within parcels 2, 3, 6 and 8 of Tract 23910. The development of these models will start in December 1989 with first occupancy by July 1990. Phase 3 and 4 (Northern Portion) r Phase 3 and Phase 4 were submitted as several tentative maps in August 1989. Approval !1 of these tentative maps will allow development to occur by June 1990 and occupancy in early 1991. Phase 3 and 4 consists of approximately 962 units within parcels 8, 9, 10, 11, 12 and 13. Within the master planned community all necessary infrastructure will be available when necessary to provide a continually balanced community. Additionally, community amenities and features will be implemented concurrent with the development to provide a balance of benefits to the residents and prevent overtaxing existing city amenities and recreational features. Table 10 outlines the circulation and utility improvements needed in each of the product's four phases. The City of Lake Elsinore has authorized an Assessment District to finance the backbone improvements. Homestead Land Development will be completely responsible for the installation of all infrastructure, community, and backbone facilities. In addition to the infrastructure improvements discussed in Table 10, an 11 -acre elementary school site with an adjacent 5 -acre park site will be offered. The school district has requested the pursuit of a joint school /park site regulatory agreement to expedite the construction of the school. The construction of the school would be completed by the J School District by September 1990. 1_ A major Homeowners Association Recreation Center will be constructed and available for community residents with the completion of Phase 1. In Phase 2, a public park and a private recreation area adjoining,the proposed recreation lake system will be constructed f with the major backbone facilities. L Manufactured slope landscaping and fire safety fuel modification zones will be installed prior to the occupancy of adjacent residences. Open space implementation shall be accomplished by tracking the open space dedications of each individual final tract. The total open space area shall be at least 35 percent of the total project area. L L L L89 L TABLE 10 Infrastructure Phasing Phase Improvements Phase 1 Circulation (641 units) Backbone system consists of the major 1 secondary arterial ( Summerhill Drive) serving 1 the site from the south being installed to the second local collector intersection adjacent to the recreational center site. The second collector (66' right -of -way) will also be installed easterly to the San Jacinto River. Utilities Water, sewer, and dry utility (electric, telephone, and gas) improvements will follow the basic installation procedure as outlined in circulation above. All offsite extensions or construction requirements will be completed prior to any occupancy. Major pumping and water storage facilities will be constructed with backbone roadway improvements in this stage. Phase 2 Circulation (332 units) Backbone street systems will include the balance of the arterial and collector system, Summerhill Drive, Bella Vista, Via Scenica, La Strada, and making a temporary emergency connection to Greenwald as an extension to Summerhill Road. The extension of Greenwald shall be in compliance with condition #1 of TTM 17413, Revision #4. 1. Utilities Water, sewer and dry utility improvements will follow the basic installation procedure outlined in circulation above. These will include 8 and 12" water mains and 8" sewer lines as indicated by Exhibits 13 and 14. All construction will be completed prior to occupancy. Phase 3 and 4 Circulation (1,038) units The balance of the residential streets in the northern half will be installed including the Lextension of Summerhill Drive to Greenwald. Utilities L Water, sewer and dry utility improvements will follow the basic installation procedure outlined in circulation above. These will include 8 and 12" water mains and 8" sewer L lines as indicated by Exhibits 13 and 14. All construction will be completed prior to occupancy. L 90 L r In addition to the infrastructure improvements discussed in Table 10, an 1l -acre elementary school site with an adjacent 5 -acre park site will be offered. The school district has requested the pursuit of a joint school /park site regulatory agreement to expedite the construction of the school. The construction of the school would be completed by the School District by September 1990. r A major Homeowners Association Recreation Center will be constructed and available for Ji community residents with the completion of Phase 1. In Phase 2, a public park and a private recreation area adjoining the proposed recreation lake system will be constructed with the major backbone facilities. Manufactured slope landscaping and fire safety fuel modification zones will be installed prior to the occupancy of adjacent residences. Open space implementation shall be accomplished by tracking the open space dedications of each individual final tract. The total open space area shall be at least 35 percent of the total project area. i L i J L L L91 L I ® j APPENDICES L L L I_ I_ r r r r J APPENDIX A: DEFINITIONS L I. J 1 -/ f IDEFINITIONS 1 For the purpose of carrying out the intent of the Tuscany Hills Specific Plan, words, phrases, and terms shall be deemed to have the meaning ascribed to them as below. Any definitions not provided here shall be as provided in the City of Lake Elsinore Municipal Code. The word "Council" or "City Council" shall mean the City Council of the City of Lake Elsinore, which is the governing body of the city. The word "County" shall mean the County of Riverside. The word "Commission" shall mean the City of Lake Elsinore Planning Commission. The words "Approved by the Director" or "Director," shall mean the Community Development Director of the City of Lake Elsinore acting in person or through a subordinate to whom the authorize to act has been delegated. The word "shall" is mandatory; the word "may" is permissive. The word "State" shall mean the State of California. The word "permitted" means permitted without the requirement for a discretionary permit but subject to all other applicable regulations. The words "Zoning Code" or "Code" shall mean the Comprehensive Zoning Code of the City of ' Lake Elsinore. Access, Primary: The principal pedestrian walkway system to a dwelling unit. Access, Secondary: An access other than the primary access. Accessory structure: A subordinate building located on a building site, the use of which is I customarily incidental to that of the main building or to the use of the land. Accessory use: A use customarily incidental and accessory to the principal use of the land, or to L a building or other structure but not necessarily located on the same building site as the principal use. 'Average Lot Area: The net residential area divided by the total number of residential lots within ( the entire project area. Basement: A story partly underground and having more than one -half of its height above the ground -level grade. Building. A structure having a roof supported by columns or walls. LBuilding height: The vertical distance measured from the ground -level grade to the top of the building directly above that point. LBuilding line: An imaginary line on a building site specifying the closest point from an ultimate right -of -way or a property line where a main building may be located. L 1 L F I Building site: A parcel or contiguous parcels of land which was established in compliance with the building site requirements of this specific plan. Building site area: The total area, measured horizontally as a level plane, of the land within the boundaries of a building site not including any street right -of -ways, vehicular easements or other easements that prohibit the surface use of the property except open space landscape or recreational easements; and not including any portion which does not meet applicable district regulations when a building site is divided by such a right -of -way or easement. u Building site coverage: The area of the land within the perimeter of all structures located on the building site, not including the area under unenclosed eaves and unenclosed post- supported overhangs, patios, courts, malls, swimming pools, and off - street parking facilities, divided by the building site area. Carport: A roofed structure, or a portion of a building, open on one or more sides, primarily for the parking of automobiles. � I Cellar: A portion of a building partly or wholly underground and having more than one -half of its height below the ground -level grade. A cellar shall not be considered a story. Centerline: A line described in the first situation that applies in the following instances: a. A section line half- section line or quarter-section line whenever a mapped highway Y is plotted on the Master Plan of Arterial Highways along a section, half- section or quarter - section line. b. A line shown as a centerline on a map entitled "Precise Plan of Highway Alignment," and any amendments thereto. C. A line shown as a centerline on a recorded tract map, an approved record of survey map or a parcel map. i d. A line in the center of the ultimate street right -of -way. LCluster development: Refers to a residential subdivision consisting of a combination of residential lots and privately owned common recreation and open space areas arranged in accordance with a site plan with adequate provisions for permanent maintenance of the common ownership facilities. Common area - residential: The area within a residential development that is not occupied by residential buildings and which is owned in common by homeowners in the development, and which is available for common use or enjoyment by all property owners in the development and their } invitees (e.g. common parking facilities, recreation areas, landscaped areas, open space areas, and natural areas). Community facility: A noncommercial use established primarily for the benefit and enjoyment of 1 the o ulation of the community in which it is located. P P tY L Community information center. A temporary or permanent structure principally used as an information pavilion and /or temporary real estate sales offices for the sale of homes in Tuscany Hills, including parking and related facilities. LCommunity service facility: A community service commercial, or nonprofit, noncommercial use established primarily to service the immediate population of the community in which it is located. L 2 1 Conditional Use Permit: Synonymous with minor design review as discussed in Chapter VIII, Development Standards. 1 Conservation easement: Synonymous with all open space definitions provided herein. 1 Conventional subdivision: A subdivision consisting primarily of streets and lots. Commonly owned C or special use areas may be included but are secondary and supplementary to the subdivision's design. Day nursery (including preschool and nursery schools): Any group of buildings, building or portion thereof used primarily for the daytime care of six or more children at any location other than their normal places or residence, excluding any children who normally reside on the premises. Density: The number of dwelling units per gross acre. Development: Residential, commercial, industrial, community facility or other construction, including necessary grading, landscaping and parking, together with the land upon which the building or structures are constructed. Development unit: A portion of a development plan or tentative tract map within which all lots and amenities are constructed or developed at one time or in contiguous interrelated phases as a unit of the overall proposed development. Driveway: A vehicular passageway for the exclusive use of the occupants of a project or property and their guests. A driveway shall not be considered a street. Dwelling, single- family: A building containing one dwelling unit per building site. Dwelling unit: One or more rooms in a structure, including a kitchen, designed for occupancy by one family for living and sleeping purposes, and including factory built and mobilehomes when such mobilehome bears an insignia of approval issued by the California Department of Housing and Community Development or a housing seal number from the Federal Department of Housing and Urban Development (HUD). LEasement: A recorded right of interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over said land. LExterior property line: A property line abutting a public or private street. Family: One person, with or without resident domestic employees, occupying one dwelling unit; or two or more people related by blood, marriage or adoption, with or without domestic employees, occupying one dwelling unit; or a group of not more than six unrelated people, with or without domestic employees, occupying one dwelling unit; or a licensed family care home, foster family home, or maternity home, as defined in Title XXII, Sections 30011, 30013, 30015 of the California Administrative Code, serving six or fewer persons, when such care is provided on a twenty-four- hour - per -day basis; or a family day care home, as defined in Title XXII, Section 30019(a) of the L California Administrative Code. Flood, One - hundred -year: The highest level of flooding that has an average frequency of occurrence in the order of one in one hundred years at a designated location, considering regional C meteorological and hydrological conditions characteristic of the geographical region involved. This also means that the level of flooding having a one percent probability of occurrence in any year. Flood plain: The land area adjacent to a watercourse which is subject to overflow of floodwaters. 3 L Floodway: The channel of a stream or other watercourse and that part of the flood plain reasonably required for passage of a flood of given magnitude. Floor area ratio: The numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land. Garage, private: A building, or a portion of a building, used primarily for the parking of automobiles belonging to the occupants of the property. Garage, public: A building other than a private garage used for the maintenance or temporary storage of automobiles. General Plan: Refers to the City of Lake Elsinore General Plan, and elements thereof, as they may pertain to the Tuscany Hills Specific Plan. Grade, ground level: The average level of the finished ground surface surrounding a building. Gross area: The entire land area within the boundary of a project, measured to the centerline of any abutting arterial highways. l Gross residential density: The density of a residential project computed by dividing the total number of dwelling units in the project by the gross area of the project. Interior property line: A property line which does not abut a private or public street. Joint use of parking. The shared use of off - street parking facilities by more than one type of land 1 use. The same parking spaces are counted to satisfy the off - street parking requirements of more 1 than one land use, e.g. use of the same parking facility to satisfy the off - street parking requirements of a church and an office building. Kennel: Any property where four or more dogs, or cats, or any combination thereof, over the age of four months, are kept or maintained for any purpose. L Key lot: Any parcel show on a recorded tract map, record of survey recorded pursuant to an approved division of land, parcel map, lot line adjustment or recorded Certificate of Compliance, having side property line(s) abutting the rear property line(s) of adjacent parcels. _ Local agency: An agency for the local performance of governmental or proprietary function within limited boundaries. "Local agency" does not include the state, a city, or a county. "Local agency" does include but is not limited to school districts, sanitary and sanitation districts, and water districts.. Lot: Any parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved vision of land, lot line adjustments, a parcel map, or recorded Certificate of Compliance. A lot is not necessarily a building site. L Lot Coverage: The area of the land within the perimeter of all structures located on the building site, not including the area under unenclosed eaves and unenclosed post- supported overhangs, patios, courts, malls, swimming pools, and off - street parking facilities, divided by the building site L area. Main building(s): The building(s) containing the main or principal use(s) of the premises, or Loccupied for the purpose of operating or administering the main or principal use(s). 4 L I Manufactured Open Space: Any manufactured parcel of land or water which provides a recreational and /or scenic amenity to the community. This shall include major manufactured slopes when adjacent to natural open space. Master Plan of Arterial Highways: A component of the Circulation Element of the Riverside County General Plan designating adopted -and proposed routes for all commuter, secondary, primary, and major highways and transportation corridors within the County of Riverside. Minimum Lot Area: The minimum square feet of land area for each lot. Net residential area: The area of land remaining in a project, measured in acres or square feet, after deduction of the area contained in streets (both public and private), schools, public parks, flood control works and any other use, easement or encumbrance which prevents the surface use of the property for a building site or construction of structures. Nonconforming structure: A lawfully established building or structure that does not conform to the regulations of this code for the district in which it is located, either at the effective date of this code or as a result of subsequent amendments to this code. Open space (Natural): Any parcel or area of land or water which is essentially unimproved and devoted to the preservation of plant and animal life, providing scenic and aesthetic values and an area which serves as links between major recreation and open space preservation areas. ' Open space, usable: See Usable open space. Open space transitionaL• Areas free and clear of urban development. Outdoor advertising structure and sign: A sign placed for the purpose of advertising products or I- services that are not produced, stored or sold on the property upon which the sign is located. Panhandle lot: A building site wherein the only vehicular access to the site is by way of a corridor or vehicular access way which serves no other property, is less than forty feet wide and is more than forty feet long. Parking area, private: An area, other than a street, designed or used primarily for the parking of ( private vehicles and not open to general public use. ` Parking area, public: An area, other than a private parking area or private street, used for the parking of vehicles and available for general public use, either free or for remuneration. Parking area, restricted: An area used for parking vehicles on a semi - permanent basis and not available to the general public for hourly or day -to -day parking. Planned development: A residential subdivision wherein residences, common open areas and landscaping, common private recreation facilities, and pedestrian and vehicular access and circulation patterns are arranged as a unified comprehensive plan with an identifiable theme or concept and with adequate provisions for permanent maintenance of the common facilities. Planning area: An area of land which is depicted on the Tuscany Hills Specific Plan and Statistical Summary. 5 I / Project: A land development readily recognizable as a unit, e.g., a residential neighborhood, condominium, apartment, shopping center, office or business park development, recreation lake, golf course or similar land developments. Preliminary landscaping plan: A plan indicating the general location, size, type of plant materials and ground cover to be located in the yards and other open areas of a development. Project Net Area: All of the land area included within a plan for a development project excepting those areas designated for public and private streets rights -of -way, schools, parks, and other uses or easements which would preclude the use of the land therein as part of the development project. Public: Belonging and open to, and enjoyed, controlled, used and maintained by and for, the public generally. ( Public agency: The United States, the State of California, the County of Riverside, the City of ,i Lake Elsinore, special districts, and any other governmental entity authorized by law to perform functions for the public or segment thereof. Recreation areas: Open space areas which offer active and passive recreation and /or scenic attraction of a local and regional significance. Residential single- family: Refers to any residential zoning district or residential development wherein each dwelling unit is situated on a residential lot of record and no lot contains more than one dwelling unit. Single -family residential includes either attached or detached single -family dwellings, planned concept subdivision, cluster developments, and may include conventional subdivisions and planned developments. Riding and hiking trails: Any trail or walkway designed for and used by equestrians or pedestrians. Right -of -way: An area or strip of land either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both. Sales Office: Real estate office which is used for sales leasing and information. Setback area: The area between the building line and the property line, or when abutting a street, the ultimate right -of -way line. Setback distance: The distance between the building line and the property line, or when abutting a street, the back of curb where noted (Exhibit 18). Sign: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, vehicle or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame and background. Site development permit: A plan showing the details of building locations, structures, parking, vehicular access, landscaping and architectural design for a project or building site. Story: That portion of a building included between the upper surface of any floor and the upper �_.. surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface or the topmost floor and the ceiling or roof above. LStreet: A public or private vehicular right -of -way other than an alley or driveway, including both local streets and arterial highways. L 6 l -� Street opening. A curb break, or a means, place or way provided for vehicular access between a street and abutting property. Structure: Anything constructed or erected requiring a fixed location on the ground or attached to something having a fixed location on the ground except business signs, tennis court fences, and other fences around unenclosed outdoor recreation facilities, landscape facilities, and other minor ( improvements. A mobilehome on a permanent foundation is a structure. l Tot lot: An improved and equipped play area which is intended for children up to seven (7) years of age. Tot lots include facilities as play apparatus, paved areas for wheeled toys, benches, sand areas, small wading pools, and turn area. Usable open space: Usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including but not limited to lots, swimming pools, basketball courts, tennis courts, picnic facilities, open landscaped areas including major slopes, and greenbelts with pedestrian walkways and equestrian and bicycle trails. Usable open space areas do not contain the following: buildings and structures (other than accessory to the main use), or impervious surfaces (e.g. public /private streets, common driveways, and off - street parking facilities) devoted to non - recreational uses; surface utility facilities, median strips for roads or parking lots; road embankments; and property not reserved for the sole use and t enjoyment of the occupants of the entire development and their guests. Use: The purpose for which land or a building is occupied, arranged, designed or intended, or for ( which either land or building is or may be occupied or maintained. ( Yard: The open space within a building site that is unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the finished grade upward; except that eaves, fences, walls used as fences, poles, posts and other customary yard ornaments, accessories and furniture may be permitted in any yard subject to the regulations for the district in which it is located. I I RESOLUTION NO. 89 -14 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING CERTIFICATION OF ENVIRONMENTAL DOCUMENTS FOR THE TUSCANY HILLS DEVELOPMENT WHEREAS, the City Council of the City of Lake Elsinore (the "City ") has previously certified an Environmental Impact Report No. SCH 79082906 (the "EIR ") with respect to the Tuscany Hills Development (the "Project "); and WHEREAS, Homestead Land Development Corporation (the "Developer "), as developer of the Project, subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens' Kangaroo Rat habitat, to be implemented by a Conservation Agreement among the City, the Developer, and the United States Fish and Wildlife Service (the "Conservation Agreement ") and an Agreement and Declaration of Covenants, Conditions and Restrictions on Use ( "Declaration of Covenants "); and WHEREAS, the City has caused an Addendum (the "Addendum ") to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, delivery and performance of the Conservation Agreement and Declaration of Covenants, and which addresses the technical changes to the Project associated with the conversion of the Project from mixed single- and multi- family development to a single - family development; and WHEREAS, the Planning Commission has reviewed the EIR and the Addendum, each prepared in accordance with the California Environmental Quality Act (CEQA), and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the Planning Commission will contemporaneously recommend that the City Council approve a Specific Plan, an Amended and Restated Development Agreement, the Declaration Covenants and the Conservation Agreement related to the Project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that: The Planning Commission hereby recommends that the City Council certifies that the Addendum has been prepared in accordance with the requirements of the California Environmental Quality Act and the City's CEQA Guidelines. PASSED AND ADOPTED this 13th day of December, 1989, by the following called vote: AYES: COMMISSIONERS: Brinley, Saathoff, Wilsey and Brown NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Gilenson ABSTENTIONS: COMMISSIONERS: No By: 4E1' wn, Chairman Lake Planning Commission Attest: Dave Gun rman, Secretary to PIa ning Commission RESOLUTION NO. 89 -15 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING APPROVAL OF AMENDMENTS TO THE 1980 DEVELOPMENT AGREEMENT FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS, the City Council of the City of Lake Elsinore (the "City ") has previously certified an Environmental Impact Report No. SCH 79082906 (the "EIR ") with respect to the Tuscany Hills Development (the "Project "); and WHEREAS, Homestead Land Development Corporation (the "Developer "), as developer of the Project, subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens' Kangaroo Rat habitat, to be implemented by a Conservation Agreement among the City, the Developer, and the United States Fish and Wildlife Service (the "Conservation Agreement ") and an Agreement and Declaration of Covenants, Conditions and Restrictions on Use ( "Declaration of Covenants "); and WHEREAS, the City has caused an Addendum to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, delivery and performance of the Conservation Agreement and Declaration of Covenants, and which addresses the technical changes to the Project associated with the conversion of the Project from mixed single- and multi - family development to a single - family development; and WHEREAS, the Planning Commission has reviewed the EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act (CEQA), and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the Planning Commission has recommended that the City Council certify the Addendum to the EIR and has made the findings required by Section 15091 (a) of the State CEQA Guidelines, attached to Resolution No. 89 -15 as Attachment A; and WHEREAS, the Planning Commission is contemporaneously recommending that the City Council approve the Specific Plan, the Conservation Agreement and the Declaration of Covenants relating to the Project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that: Based upon the findings adopted previously by the Planning Commission with regard to the approval of the Project, attached to Resolution No. 89 -15 as Attachment A, the Planning Commission hereby: (1) determines that (a) it is in the best interest of the City to enter into the Amended and Restated 1980 Development Agreement (the "Development Agreement) in the form attached hereto as Exhibit A, (b) the provisions of the Development Agreement are consistent with the City's General Plan and (c) the provisions of the Development Agreement are consistent with the Specific Plan proposed by the Developer and recommended by the Planning Commission for City Council approval by Resolution No. ; and (2) recommends to the City Council that the City enter into such agreement. PASSED AND ADOPTED t the following called vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTENTIONS: COMMISSIONERS: Attest: 61 ✓1� Dave Gun a an, Secretary to Plan 'ng Commission his 13th day of December, 1989, by Brinley, Saathoff, Wilsey and Brown None Gilenson None By: J f 'own, Chairman Lake E1 i or Planning Commission 119MSDEV 11/28/89 EXHIBIT A TO RESOLUTION 891&- .. DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND HOMESTEAD,LAND DEVELOPMENT CORPORATION FOR TUSCANY HILLS DEVELOPMENT DEVELOPMENT AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND HOMESTEAD LAND DEVELOPMENT CORPORATION FOR TUSCANY HILLS DEVELOPMENT 1. PARTIES AND DATE The parties to this Development Agreement ( "Agreement ") are the City of Lake Elsinore, California, a municipal corporation and Political subdivision of the State Of California ( "City "), and Homestead Land Development Corporation, a California corporation ( "Developer "). The project to which this Agreement applies is commonly known as Tuscany Hills. This Agreement is made and entered into on 2• RECITALS 2.1 On May 29, 1980, City and Developer's predecessor executed an agreement entitled "Development Agreement" pursuant to Government Code Sections 65864, et seq., City of Lake Elsinore Ordinance No. 602, and City of Lake Elsinore Resolution No. 80 -13, which Agreement concerned the real property then located in the unincorporated area of the County of Riverside, and which is now located in the city limits of the City of Lake Elsinore, County of 119MSDEV _1- 11/28/89 Riverside, and which is more particularly described in the attached Exhibit "A", and which Agreement was recorded on October 7, 1982, in the Official Records of Riverside County, at Book 1982, Page 173696. 2.2 On or about December, 1982, for the mutual benefit of the parties, an amendment to the aforementioned Development Agreement was prepared, but not formally adopted by the parties. 2.3 The parties now wish to completely amend and supercede by this Agreement the Development Agreement and any and all amendments thereto. 2.4 Legal authority . --- ---,.. California Government Code Section 65864 et seq. authorize City to enter into development agreements in connection with the development of real property with City. This Agreement is made and entered into pursuant to those Provisions of state law. 2.5 consistency finding. By approving and executing this Agreement, the City Council finds that its provisions are consistent with City's General Plan, Tuscany Hills and all specific Plan, other applicable Existing Land Use Ordinances of City. 2.6 Status of X- 0ject. Since May, 1980, various property owners and developers have been in the process of planning, financing and preparing for the Development commonly known as Tuscany Hills, a large scale mixed use phased Development of some 2,000 dwellings on 973 acres in the City of Lake Elsinore more 119MSDEV 11/28/89 -2- 1� Particularly described in City of Lake Elsinore Tuscany Hills Specific Plan and City of Lake Elsinore Tuscany Hills EIR. Additional land uses include schools, open space and recreational uses, including one 35 -acre park. Constructing the Tuscany Hills project pursuant to City,s approved specific plan and providing the mitigation set forth in the Tuscany Hills EIR will require major investment by Developer in public facilities and on -site and Off-site improvements. The Development has been analyzed and reviewed by City as part of its process of granting development approvals in light of the enacted land use standards and policies Of City embodied in its Existing Land Use Ordinances and pursuant to state law, including but not limited to CEQA. 2.7 Consideration. City has determined that entry into this Agreement will further the goals and objectives of City,s land use planning policies by eliminating uncertainty in planning for the orderly Development of the Project so that adequate long term plans regarding the provision of necessary infrastructure for existing and future City residents can be developed and implemented. Further, the maximum effective utilization of resources with City will be pursued at the least economic cost to its citizens. City acknowledges that the Project is and shall be considered a single, integrated development project, that each Phase of the Project is dependent upon the completion and 119MSDEV 11/28/89 -3- occupancy of each other phase, and that the viability of each Phase of the Project is and shall be dependent upon the completion and occupancy of each other phase and the full performance of this Agreement. The benefits conferred by Developer herein will facilitate the installation of certain vital public improvements and will help increase traffic capacity for the road system of City, both of which will significantly promote the health, safety and general welfare of existing and future City residents. In exchange for these benefits to City and its residents, Developer wishes to receive the assurances permitted by state law that Developer may proceed to develop the Project in accordance with Existing Land Use Ordinances, and its existing financial and contractual commitments, and at a rate of development of its choosing, subject to the terms and conditions contained in this Agreement. The assurances provided by City and Developer to each other herein and provided pursuant to and as contemplated by statute, bargained and in consideration for the undertakings of the parties, and are intended to be and have been relied upon by the parties to their detriment. City and Developer agree that the following amenities and improvements being provided by Developer and others as part of the planning, financing and construction of the project will result in substantial general public benefit. The following is a general description of those amenities and improvements. The specific requirements are set forth in the Tuscany Hills Specific Plan 119XSDEV 11/28/89 -4- u J a. As part of the Development of the Tuscany Hills project, Developer and others will provide in excess of acres of permanent passive open space, which shall include any Portion of any parcel of real property on which a structure has not been constructed, said open space, excepting that portion dedicated to the City for park and recreation purposes, to be watered and maintained by an association of owners or entities other than City. b.. At the option of City, Developer shall dedicate a minimum of thirty -five (35) acres to be located in the southeasterly corner of said site and to be open to public use; or at the option of City, to pay park fees assessed by the City in lieu of said dedication; providing further, that an additional five (5) acres will be dedicated for park and recreation purposes if not required for on site sewer treatment plant. C. Developer shall offer to dedicate a suitable site to the Elsinore Unified School District for school purposes upon terms and conditions agreed upon between Developer and District, said dedication not to exceed eleven (11) acres; provided further, that said terms and conditions provide for two (2) regulation Little League baseball diamonds. 119MSDEV 11/28/89 -5- J,/ d• Developer shall acquire right -of -way if necessary, dedicate the City an improved said right -of -way as a motor vehicle access ess from the south end of Developeres property connecting with the Railroad Canyon Road. e• Developer shall provide a recreation center for the owners of living units and their guests and as part of the total design and scheme of development on said nine hundred seventy -three (973) acre site, the sole cost of improvement to be borne by Developer, and the maintenance to be borne by the homeowners, association. f• Developer shall offer to dedicate to the City one (1) acre for a future fire station site and shall provide a triple A Pumper or other equipment in the event the Riverside County Fire Department, now serving the City by contract, so requires Developer, upon the express condition that if and when City organizes and puts into operation a City fire department, said Pumper and other equipment, if supplied by Developer, shall be forthwith transferred physically and by title to City. The consideration to Developer for the provision of these special amenities is the consummation of this Agreement by City. In consideration for Cityrs entering into this Agreement and the uses permitted herein, Developer agrees that it will comply With all the conditions of approval during the time this Agreement is in full force and effect. The parties acknowledge that this 119MSDEV 11/28/89 -6- F Agreement by City is a material consideration for Developer's acceptance of the conditions of approval as specifically set forth herein. 3• DEFINITIONS 3.1 "Agreement" means this Development Agreement made and entered into by and between the City of Lake Elsinore and Homestead Land Development Corporation in accordance with applicable state law and local regulations, 3.2 "CEQA" means the California Environmental Quality Act of 1970 (California Public Resources Code Section 21000 et seq.) and the State CEQA Guidelines (California Code of regulations, Title 14, Section 15000 et seq.). 3.3 "City" means the City of Lake Elsinore, including its Officials, officers, employees, commissions, committees and boards. 3.4 "City Council" means the duly elected City Council of the City of Lake Elsinore. 3.5 "Developer" means Homestead Land Development Corporation, and its successors in interest to all or any part of the Property, 3.6 "Development" means the improvement of the Property for the purposes of constructing and otherwise effecting the structures, improvements and facilities comprising the Project as set forth in this Agreement, including but not limited to grading, the construction of infrastructure and public facilities related 119MSDEV 11/28/89 -7- to the Project (whether located within or outside the Property), the construction of structures and buildings and the installation Of landscaping. 3.7 "Development Approval (s)" means the Tuscany Hills Specific Plan, as in effect on the date of this Agreement. 3.8 "Effective Date" means the date this Agreement is recorded with the Riverside County Recorder. 3.9 "EIR" means an environmental impact report prepared in accordance with the provisions of CEQA. 3.10 "Existing Development Approvals" means the Tuscany Hills Specific Plan as in effect on the date of this Agreement. 3.11 "Existing Land Use ordinances" means the Specific Plan, as in effect on the date of this Agreement, and, to the extent applicable and not inconsistent with the Specific Plan, the City,s rules, regulations, official policies, taxes and fee programs, including, without limitation, the City,s general plan and zoning, subdivision, and building regulations, whether adopted by the City Council or by the voters in an initiative, in effect as of the date of this Agreement. 3.12 "LAFCO" means the Riverside County Local Agency Formation Commission. 3.13 "Project" means the development project, as set forth in the Tuscany Hills Specific Plan, as in effect on the date of this Agreement. 3.14 "Property" means the real property which is the subject of this Agreement and described in Section 4 below. 3.15 "Specific Plan" means the Specific Plan for the Project. 119MSDEV 11/28/89 0 )-1/ 4• PROPERTY COVERED The property covered by this Agreement is described as Exhibit "AU attached hereto and incorporated herein by this reference. 5• INTEREST OF CONTRACTING PARTY Developer has the following legal interest in the real property subject to this Agreement and described above in Section 4: Homestead Land Development Corporation has a legal and equitable interest in the Property consisting of fee simple t;tia 6• DURATION OF AGREEMENT 6.1 Scheduling -- --- -�• Pursuant to Government Code Section 65865.2, the duration of this Agreement shall be for ten (10) calendar years from and after the date of execution of this agreement. Construction of the Project covered by this Agreement Will be undertaken following receipt of requisite Development Approvals from City. City and Developer acknowledge that Developer cannot at this time accurately predict the time schedule within which the Project will be developed, except that it will be completed within the aforesaid ten (lo) year period. Such decisions with respect to the rate of Development of the Project will depend upon a number of circumstances not within the control Of Developer, including market factors, demand, the state of the economy, and other matters. Therefore, so long as the Project is constructed in a manner consistent with Cityis Existing Land Use Ordinances as at the date of this Agreement and the Tuscany Hills Specific Plan and this Agreement, Developer shall have the right to construct the Project at the rate and in the sequence deemed . appropriate by Developer within the exercise of its sound business 119MSDEV 11/28/89 -9- judgment. It is Developer's present reasonable expectation the Development of the Project will be completed within the term of this Agreement. For purposes of this Agreement, completion of the Project shall mean the date on which a certificate of occupancy or comparable instrument is issued for the last improvement or structure constructed pursuant to this Agreement. Following the expiration of the aforesaid ten (lo) year term, this Agreement shall be deemed terminated and of no further force and effect. 6.2 Periodic review. City shall, in accordance with applicable state law, review this Agreement at least once every twelve (12) months from and after the Effective Date hereof. During each such periodic review, City and Developer shall have the duty to demonstrate their good faith compliance with the terms and conditions of this Agreement. Both parties agree to furnish such evidence of good faith compliance as may be reasonably necessary or required. City's failure to review at least annually Developer's compliance with this Agreement shall not constitute or be asserted by either party as a breach of the other party. 6.3 Certification of completion. Promptly upon completion Of the Project, Developer will submit a draft letter of completion for City review. Upon review, City shall provide Developer with a letter of completion so certifying. This certification shall be a conclusive determination that the obligation of Developer under this Agreement has been met. The certification shall be in such form as will enable it to be recorded in the Official Records of Riverside County, California. 119MSDEV -10- 11/28/89 F 7. VESTED RIGHT By entering into this Agreement and relying thereon, Developer is obtaining d vested -right to proceed with the Project in accordance with the Development Plan, but subject to any remaining discretionary approvals required in order to complete the Project as contemplated by the Development Plan (which discretion shall be exercised reasonably and in accordance with the the terms of this Agreement). By entering into this Agreement and relying thereupon, City is securing certain public benefits which help to alleviate potential problems in City and enhance the public health, safety and welfare. City therefore agrees to the following: 7.1 No conflicting enactments Neither the City Council of City nor any other agency of City shall enact an ordinance, Policy, rule, regulation or other measure applicable to the Project which relates to the rate, timing or sequenting of the development or construction of all or any apart of the Project or which is otherwise in conflict with this Agreement. 7.2 Intent of parties In addition to and not in limitation of the foregoing, it is the intent of Developer and City that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construction of all or any part of the Project and whether or not enacted by initiative or otherwise effecting parcel or subdivision maps, building 119MSDEV -11- 11/28/89 Permits, site development P permits,. special use permits, occupancy certificates or other entitlements to use approved, issued or granted within City, or portions of City, shall apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement. Notwithstanding the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium, policy, rule regulation or other limitation enacted by citizens of City thorough the initiative process be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Agreement, Developer shall have no recourse against City pursuant to this Agreement, but shall retain all other rights, claims and causes of action at law or in equity which Developer may have independent of this Agreement. The foregoing shall not be deemed to limit the Developers right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, ploy, rule, regulation, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement. City and Developer agree to cooperate in all reasonable manners in order to keep this Agreement in full force and effect. 8• GENERAL DEVE140PMENT OF THE PROJECT 8.1 Project. While this Agreement is in effect, Developer shall have a vested right to develop the Project in accordance with the terms and conditions of this Agreement, and in accordance with, and to the extent of the Development Approvals, but subject 119MSDEV 11/28/89 -12- to any remaining discretionary approvals required in order to complete the Project as contemplated by the Development Approvals (which discretion shall be exercised reasonably and in accordance with the terms of this Agreement) and City shall have the right to control the development of the Project in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Development Approvals shall control the overall design, development and construction of the Project and all on -site and off -site improvements and appurtenances in connection herewith, including, without limitation, all mitigation measures required in order to minimize or eliminate material adverse environmental impacts caused by the Project. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for public purposes and other terms and conditions of development applicable to the Property shall be those set forth in this Agreement. 8.2 Effect of a reement on land use regulations. The rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size-of proposed buildings and the design, improvement and construction standards and specifications applicable to development of the Property are those rules, regulations and official policies in force as of the Agreement 119MSDEV 11/28/89 -13- Date as set forth in the Tuscany Hills Specific Plan. In connection with any approval which City is permitted or has the right to make under this Agreement relating to the Projector otherwise under the existing land use ordinances, City shall exercise its discretion or take action in a manner which is as expeditious as possible and which complies and is consistent with the Development Plan and the standards, terms and conditions contained in this Agreement, and in a manner which will not interfere with the development of the a project for these uses and to the height, density and intensity specified in this Agreement or with the rate of development selected by Developer. City shall accept for processing and normal timely review and act on all applications for further land use entitlement approvals with respect to the project called for or required under this Agreement. Such application shall be processed in the normal manner for processing such matters. 8.3 Administrative changes and amendments. The parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement. If and when the parties.find that changes or adjustments are necessary or appropriate, they shall, unless 119MSDEV 11/28/89 -14- ) -I/ otherwise required by law, effectuate such changes or adjustments through administrative amendments approved by the City Director of Planning and Community Development, which, after execution, shall be attached hereto as an addenda and become a part hereof, and may be further changed and amended from time to time as necessary, With approval by City and Developer. Any such administrative changes or amendments shall not be deemed to be an amendment to this Agreement under Government Code Section 65868. Unless otherwise required by law, no such administrative amendments shall require prior notice or hearing. Notwithstanding the foregoing,the following matters shall not be considered administrative changes or amendments, but shall be considered substantive amendments which shall be reviewed by the Planning Commission and approved by the City Council: (a) Alteration of the permitted uses of the Property; (b) Increase in the density or intensity of use or number of lots; (c) Increase in the maximum height and size in permitted buildings; (d) Deletion of a requirement for the reservation or dedication of land for public purposes except for minor boundary adjustments approved by the Planning Director; and (e) Any amendment or change requiring a subsequent or supplemental Environmental Impact Report pursuant to Public Resources Code Section 21166. 119MSDEV -15- 11/28/89 J/ r 9. RULES, REGULATIONS AND OFFICIAL POLICIES 9.1 New rules. This Agreement shall not prevent City from applying the following new rules, regulations and policies: (a) Processing fees and charges imposed by City to cover the estimated actual costs to City of processing applications for development approvals, for monitoring compliance With any development approvals, or for monitoring compliance with environmental impact mitigation measures. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code and Fire Code provided that such construction standards and specifications are applied on a City -wide basis. (d) Regulations which are not in conflict with the Development Approvals or this Agreement. (e) Regulations which are in conflict with the Development Approvals or this Agreement if such regulations have been consented to in writing to by Developer. 9.2 Subsequent actions and approvals. In accordance with Government Code Section 65866, this Agreement shall not prevent City in subsequent actions applicable to the Property from 119MSDEV -16- 11/28/89 )/ applying new rules, regulations and policies which do not conflict with those existing rules, regulations and policies set forth in the Development Approvals, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations or policies. 9.3 State and federal laws. In the event that State or Federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining Provisions impractical to enforce. 10. COOPERATION AND COVENANT OF FURTHER ASSURANCES 10.1 Third party actions. Developer and City shall cooperate in defending any action or proceeding instituted by any-third Party challenging the validity of any provision of this Agreement or any action taken or decision made hereunder. In addition, any court action or proceeding brought by any third party to challenge this Agreement or any other permit or approval required from City or any other governmental entity for Development or construction of all or any portion of the Project covered by this Agreement 119MSDEV 11/28/89 -17- shall constitute a permitted delay.under Section 12. Notwithstanding the foregoing, the filing of any third party litigation against City and /or Developer relating to this Agreement or any provision thereof shall not be a reason to delay or stop the Development, processing or construction of the Project (including but not limited to the issuance of building permits or certificates of occupancy) unless the third party obtains a court order preventing the activity. City will not stipulate to the issuance of any such court order. 10.2 Further assurances. Each party covenants on behalf of itself and its successors and assigns to take all actions and do all things, and to execute with acknowledgments or affidavits if required any and all documents and writings that may be necessary or proper to achieve the purposes and objective of this Agreement. Each party shall take all necessary measures to see that the provisions of this Agreement are carried out in full. 10.3 Proc___ essin4 If necessary or required, upon satisfactory completion by Developer of all required preliminary actions and Payments of appropriate filing and processing fees, if any, City shall commence and proceed to complete all steps required or necessary for the implementation of this Agreement and the Development by Developer of the Project in accordance with the Existing Development Approvals. (1) Scheduling, convening and concluding all required Public hearing in an expeditious manner consistent with 119MSDEV 11/28/89 applicable laws and regulations in force as of the Effective Date Of this Agreement. (2) Processing and approval of all maps, plans, land use permits, building plans and specifications and other applications for Development Approvals relating to the Development Of the Project, filed by Developer. Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder and cause Developer's planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefor. It is the express intent of Developer and City to cooperate and diligently work to implement the Tuscany Hills Specific Plan. 10.4 Other governmental permits. In addition, Developer shall apply in a timely manner for such other permits and approvals as are required by other governmental agencies having jurisdiction over the Project in connection with the development Of, or provision of services to, the Project. City shall use its best efforts to assist Developer in coordinating the implementation of the Project with such other governmental agencies. City shall cooperate with Developer in its efforts to obtain such permits and approvals and shall, from time to time at the request of Developer, attempt with due diligence and in good faith to enter into binding agreements with any such entity 11SMSDEV 11/28/89 -19- necessary to assure the availability of such permits and approvals or services, provided such agreements are reasonable and not materially detrimental to City. 10.5 Financing of public facilities and /or services. City and Developer shall in good faith use their best efforts to establish one or more community facilities districts (pursuant to the Mello -Roos Community Facilities Act of 1982 as set forth in Government Code Section 53311 et seq.) and such other assessments, improvement or maintenance districts, as may be appropriate, for the purpose of funding the planning, design, construction and maintenance of public facilities, including related fees and the acquisition of land therefor, and /or the provision of public services for the Project. The parties expect that bonds, assessments, liens or other such financing devices would be issued or levied to provide sufficient funds for the above- mentioned purpose. The parties, however, acknowledge that such public improvements may not be completely financed by said financial mechanism and the City retains the right to establish a maximum tax rate or assessment per parcel /lot or acre. City acknowledges that completion of proceedings to establish one or more public financing districts as discussed above is critical to provide the parties with security for performance by Developer of its obligation to commence and complete construction of major infrastructure. 119MSDEV -20- 11/28/89 10.6 Utilities coordination. City shall use its best efforts to assist Developer in obtaining all electrical, gas, telephone and other necessary utility connections required by the Project. Within a reasonable time after request therefor by Developer, City shall approve all connection and access points for such utilities if in compliance with all applicable ordinances, rules and regulations. 10.7 Covenant of good faith and fair dealing. Except as may be required by law, neither party shall do anything which shall have the effect of harming or injuring the right of the other Party to receive the specified and described benefits of this Agreement; each party shall refrain from doing anything which would render its performance under this Agreement impossible or impractical; and each party shall do everything which this Agreement describes that such party shall do. 11. PERMITTED DELAYS Developer shall be excused from performance of its obligations hereunder during any period of delay caused by acts of God or civil commotion; riots, strikes, picketing, or other labor disputes; unavoidable storage of materials or supplies, damage to work in progress by reason of fire, flood, earthquake or other casualty, litigation which prohibits processing or constructing the Project; initiatives or referenda; moratoria; or unanticipated restrictions imposed or mandated by other governmental entities. Each party shall promptly notify the other party of any delay hereunder as soon as possible after the same has been aspertained, 119MSDEV -21- 11/28/89 and the term of this Agreement shall be extended by the period of any such delay. Notwithstanding Section 14.3, any claim for delay must be presented within 30 days of knowledge of the cause of such delat, or any entitlement to time extension shall be deemed waived. 12. ESTOPPEL CERTIFICATES Either party may at any time, and from time to time, deliver written notice to the other party requesting the other party certify in writing that to the knowledge of the certifying party: (1) this Agreement is in full force and effect and is a binding obligation of the parties; (2) this Agreement has not been amended or modified, and, if so amended or modified, to identity the relevant documents; and (3) no default in the performance of the requesting partyls obligations under this Agreement exists or, if in default, the nature of any default. A party receiving a request hereunder shall execute and return the certificate within thirty (30) days following the receipt thereof. 13. RECORDATION BY CITY CLERK Pursuant to Government Code Section 65868.5, within ten (10) days of City's execution of this Agreement the City Clerk shall record a copy with the Riverside County Recorder. Thereafter, the burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. 119MSDEV _22_ 11/28/89 / 14. DEFAULT 14.1 Events of default. Subject to any written extension of time by mutual consent of the parties, and subject to the provisions of Section 12 regarding permitted delays, the failure of either party to perform any material term or provision of this Agreement shall constitute default. If such defaulting party does not cure such failure within thirty (30) days following written notice of default from the other party; provided, however, that if the nature of the default is such that it cannot be cured within thirty (30) days, the commencement of a cure within such period and the diligent prosecution to completion of the cure shall be deemed to be a cure within such period. Any notice of default given hereunder shall specify in detail the nature of the alleged default and the manner in which such default may be satisfactorily cured in accordance with the terms and conditions of this Agreement. During the time periods herein specified for cure of a failure of performance, the party charged with such failure of performance shall not be considered to be in default for purpose of termination of this Agreement, or for purposes of institution of legal proceedings with respect thereto, or for purposes of issuance of any building or grading permit with respect to the Project. 14.2 Remedies. Upon the occurrence of default under this section and the expiration of any applicable cure period, the non - defaulting party shall have such rights and remedies against the defaulting party as it may have at law or in equity,-.including but not limited to the right to terminate this Agreement. 119MSDEV -23- 11/28/89 14.3 No waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party shall not constitute waiver of such party's, right to demand strict compliance by such other party in the future. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver shall be implied from any omission by a party to take any action with respect to such default. No express written waiver of any default shall affect any other default, or cover any other period of time except that specified in such express waiver. 14.4 Effect of termination. Termination of this Agreement by one party due to the other party's default shall not affect any right or duty emanating from City entitlements or approvals on the Project, but the rights, duties and obligations of the parties hereunder shall otherwise cease as of the date of such termination. If City terminates this Agreement because of Developer's default, City shall retain any and all benefits including money or land received by City hereunder. If Developer terminates this Agreement because of City's default, Developer. shall be entitled to .a return or a refund of all unused benefits and exactions paid, given or dedicated to City pursuant to this Agreement. 15. ENFORCED DELAY AND EXTENSION OF TIME OF PERFORMANCE In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war, insurrection, 119MSDEV -24- 11/28/89 strikes, walk -outs, riots, floods, earthquakes, fires, casualties, acts of God, litigation, referenda, initiatives, moratoria, governmental restrictions imposed or mandated by other governmental entities, enactment of conflicting City, county, state or federal laws or regulations, judicial decisions, or similar basis for excused performance which is not within the reasonable control of the party to be excused. If written notice of such delay is given to either party within thirty (30) days of the commencement of such delay, an extension of time for such cause will be granted in writing for the period of the enforced delay, or longer as may be mutually agreed upon. 16. APPLICABLE LAW . This Agreement shall be construed and enforced in accordance with the laws of the State of California. 17. NO JOINT VENTURE OR PARTNERSHIP City and Developer hereby renounce the existence of any form of joint venture or partnership between City and Developer, and expressly agree that nothing contained herein or in any document executed in connection herewith shall be construed as making City and Developer joint venturers or partners. It is understood that the contractual relationship between City and Developer is such that Developer is an independent contractor and not an agent of City. Furthermore, this Agreement is not intended, or shall it be construed, to create any third party beneficiary rights in any person who is not a party to this Agreement. 119MSDEV -25- 11/28/89 ) -/ 18. ADDRESSES FOR NOTICES Any notice sent to either party under this Agreement shall be in writing and shall be given by delivering the same to such party in person or by sending the same. -by registered mail, return receipt, with postage prepaid, to the following addresses: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92330 Attn: City Manager Homestead Land Development Corporation 355 N. Sheridan, Suite 117 Corona, CA 91720 Attn: Vice President With a Copy To: Roger G. Galloway 28 Segura Irvine, CA 92715 19. COVENANTS RUNNING WITH THE LAND All of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective successors and assigns, and all other persons or entities acquiring all or any portion of the Property, and shall inure to the benefit of such parties and their respective successors and assigns. All the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including but not limited to California Civil Code Section 1468. Each covenant to do or refrain from doing some act on the property covered by this Agreement is for the benefit of such property and is a burden upon such property, runs with such property and is binding upon each party and each successive owner during its 119MSDEV _26_ 11/28/89 ownership of such property or any portion thereof, and shall r benefit each party and its property hereunder, and each other Party succeeding to an interest in such property. Notwithstanding the foregoing, upon the sale or _lease for more than one year of a dwelling unit or office or commercial or industrial space by Developer to a member of the public, but not upon the bulk sale thereof to any person or entity for resale to the public, such residential unit or office, commercial or industrial space shall be automatically released from the terms, provisions, covenants and obligations of this Agreement without the necessity of executing or recording any specific instrument of release. 20. CONSISTENCY FINDING By approving and executing this Agreement, City finds that its provisions are consistent with City's General Plan and with Tuscany Hills Specific Plan, and City further finds and determines that execution of this Agreement is in the best interests of the public health, safety and general welfare of City's residents, property owners and taxpayers. 21. TERMS AND CONSTRUCTION 21.1 Sever_ ability: If any term, provisions, covenant or condition of this Agreement shall be determined invalid, void or unenforceable by judgment or court order, the remainder of this Agreement shall remain in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances, or would frustrate the stated purposes of this Agreement. 119MSDEV _27_ 11/28/89 .......... . 21.2 Entire agreement. This written Agreement contains all r the representations and the entire agreement between City and Developer. Any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement. This Agreement shall be construed as a whole according to its common meaning and not strictly for or against any party in order to achieve the objectives and purposes of the parties hereunder. Whenever required by the context of this Agreement, the singular shall include the plural and vice versa, and the masculine gender shall include the feminine or neutered genders. "Shall" is the mandatory and "may" is the permissive. 21.3 Signature pages. For convenience, the signatures of the parties to this Agreement may be executed and acknowledged on separate pages which, when attached to this Agreement, shall constitute this document as one complete Agreement. 21.4 Time. Time is of the essence of this Agreement.and of each and every term and condition hereof. 22. CONSENT OF OTHER PARTIES Developer may, at its discretion, elect to have other holders of legal, equitable or beneficial interests in the Project, the Property or portions thereof, acknowledge and consent to the execution and recordation of this Agreement by executing an appropriate instrument therefor. It is understood by the parties that the execution of such document by other holders of legal, equitable, or beneficial interest in the Project is not a condition precedent to this Agreement. 119MSDEV _28_ 11/28/89 23. ASSIGNMENT AND NOTICE Developer shall have the right to assign or transfer all or any portion of its interest, rights or obligations under this Agreement to third parties acquiring an interest or estate in Project, the Property or portions thereof, ii.uluding but not limited to purchasers or long -term ground lessees of individual lots, parcels, or any of the building located within the Project, subject to prior written approval of the City Developer shall give prior written notice to the City of its intention to assign or transfer any of its interest, rights or obligations under this Agreement. Any failure by Developer to provide said notice shall be curable in accordance with the provisions of Section 15 hereof. The express assumption of any of Developer's obligations . under this Agreement by its assignee or transferee shall thereby relieve Developer of any further obligations under this Agreement. Notwithstanding the foregoing, Developer shall have no obligation whatsoever to provide said notice when it intends to assign an interest in this Agreement in connection with a conveyance or transfer to a bank or other financial institution or corporation for financing purposes of an equitable interest in the Project and /or the Property whether by means of a deed of trust or Other instrument. 24. ENCUMBRANCES AND RELEASES ON REAL PROPERTY 24.1 Discretion to encumber. The parties hereto agree that this Agreement shall not prevent or limit Developer in any manner, at Developer's sole discretion, from encumbering the subject real 119MSDEV -29- 11/28/89 Property or any portion of any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain modifications and City agrees, upon request, from time to time, to meet with Developer and /or representatives of such lenders to negotiate in good faith any such request for modification. City further agrees that it will not unreasonably withhold its consent to any such requested modification so long as the modifications do not materially alter this Agreement. 24.2 Entitlement to written notice of default. The mortgagee of a mortgage or beneficiary of a deed of trust, and their successors and assigns, or any mortgage or deed of trust encumbering the property, or any part thereof, which mortgagee, beneficiary, successor or assign has requested notice in writing receive by City, shall be entitled to receive written notification from City of any default by Developer in the performance of Developer's obligations under this Agreement which is not cured within thirty (30) days. 24.3 Property subject to pro rata claims. Any mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to any pro rata claims for payments or charges against the Property, or part thereof secured by such mortgage 119MSDEV -30- 11/28/89 J/ which accrue prior to the time such mortgagee comes into r Possession of the Property or part thereof. 24.4 Releases. City hereby covenants and agrees that upon completion of the public improvements and payment of all fees required under this Agreement with respect to the Property, or any Portion thereof, City shall execute and deliver to the Riverside County Recorder appropriate release or releases of further obligations in form and substance acceptable to the County Recorder or as may otherwise be necessary to effect such release. 25. OPERATING MEMORANDA The PaL-ies acknowledge that from time to time it may be in the mutual interest of the parties that certain details relative to performance of this Agreement be refined. Therefor, to the extent allowable by law, the parties retain a certain degree of flexibility with respect to those provision covered in general under this Agreement which do not relate to the term, permitted uses, density or intensity of use, height or size of building, provisions for reservation and dedication of land, timing, rate or sequence of development, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, development of public improvements or monetary contributions by Developer or any conditions or covenants relating to the use of the Property. When and if the parties find it necessary or appropriate to make changes or adjustments to such provisions, 119MSDEV 11/28/89 -31- they shall effectuate changes of adjustments through operating memoranda in recordable form approved by the parties in writing which reference this Section 25. For purposes of this Section 25, the City Manager or his /her designee upon report to and approval by the City Council, shall have the authority to approve the operating memoranda on behalf of City. No operating memoranda shall require notice or hearing or shall be deemed to constitute an amendment to this Agreement. 26. INSTITUTION OF LEGAL ACTION In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein or to enjoin any threatened or attempted violation thereof or to obtain any remedies consistent with the purpose of this Agreement. In the event of any such legal action involving or arising out of this Agreement, the prevailing party shall be entitled to recover reasonable litigation expenses, attorneys' fees and costs incurred. It is understood between the parties that in the event a breach of this Agreement by City occurs, irreparable harm is likely to occur to Developer and damages by be an inadequate remedy. To the extent permitted by law, therefore, it is expressly recognized that specific enforcement of this Agreement by Developer is a proper and desirable remedy in addition to any and all other remedies which may be available to Developer under law or at equity. 119MSDEV _32_ 11/28/89 27. INSURANCE Developer agrees to and shall hold the City, its officers, agents, employees and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise out of the direct or indirect operation of the Developer or those of their contractors, subcontractors, agents, employees or other persons acting on their behalf which relate to the Project. Developer agrees to and shall defend the City and its officers, agents, employees and representatives from actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project. "This hold harmless agreement applies to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this paragraph, regardless Of whether or not the City prepared, supplied, or approved plans or specifications or both for the Project and regardless of whether or not the insurance policies referred to below are applicable. Before beginning work on the Project, Developer shall obtain the insurance required under this paragraph and receive the approval of City Attorney as to form, content, amount and carrier. Developer shall maintain the insurance during the term Of this Development Agreement. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, 119MSDEV -33- 11/28/89 J,/ employees and representative and to the Developer and each r contractor and subcontractor performing work on the Property: 27.1 Compensation Insurance. Developer shall maintain Workers Compensation Insurance for all persons employed at the site of Project. Developer shall require each contractor and subcontractor similarly to provide Workers Compensation Insurance for their respective employees. Developer agrees to indemnify the City for damage resulting from the failure to take out and maintain such insurance. 27.2 Public Liability and Property Damage Insurance. Developer shall maintain public liability insurance in an amount not less than One Million Dollars ($1,000,000.00) for injuries (including death) to any one person and in an amount not less than One Million Dollars ($1,000,000.00) on account of any one occurrence; and property damage insurance in an amount not less than One Hundred Thousand Dollars ($100,000.00) for damage to the property•of each person on account of any one occurrence. 119MSDEV 11/28/89 -34- K Developer shall furnish City before beginning work on the Project with a Certificate of Insurance constituting satisfactory evidence.of the insurance required and providing that each carrier is required to give the City at least ten days prior written notice by certified mail to City Hall of the cancellation or reduction in coverage of any policy. DEVELOPER: HOMESTEAD LAND DEVELOPMENT CORPORATION, a California corporation By: ATTEST: City Clerk Richard L. Crook, Vice President CITY: CITY OF LAKE ELSINORE, a municipal corporation and Political subdivision of the State of California By: 119MSDEV -35- 11/28/89 Mayor r d State of California ) ss: County of ) On , 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard L. Crook and personally know to me (or proved to me on the basis of satis- factory evidence) to be the persons who executed the within instrument as Vice President and Secretary, on behalf of HOMESTEAD LAND DEVELOPMENT CORPORATION, a California corporation, the corporation therein named, and acknowledged to me that such corporation executed the within instruments pursuant to its bylaws or a resolution of its board of directors. WITNESS MY HAND AND OFFICIAL SEAL. Notary Public (Seal) STATE OF CALIFORNIA ) ) ss. COUNTY OF ) On this day of , 1989, before me the undersigned, a Notary Public in and for said State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the with instrument as the Mayor of the City of Lake Elsinore, California, and acknowledged to me that said City of Lake Elsinore, California executed it. WITNESS my hand and official seal. Notary Public 119MSDEV 11/28/89 -36- RESOLUTION NO. 89 -16 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING APPROVAL OF A CONSERVATION AGREEMENT AND DECLARATION OF COVENANTS FOR THE TUSCANY HILLS DEVELOPMENT AND MAKING CERTAIN FINDINGS WITH RESPECT THERETO WHEREAS, the City Council of the City of Lake Elsinore (the "City ") has previously certified an Environmental Impact Report No. SCH 79082906 (the "EIR ") with respect to the Tuscany Hills Development (the "Project "); and WHEREAS, Homestead Land Development Corporation (the "Developer "), as developer of the Project, subsequently entered into consultation with the United States Fish and Wildlife Service regarding a Conservation Plan for Stephens' Kangaroo Rat habitat, to be implemented by a Conservaton Agreement among the City, the Developer, and the United States Fish and Wildlife Service (the "Conservation Agreement ") and an Agreement and Declaration of Covenants, Conditions and Restriction on Use ( "Declaration of Covenants "); and WHEREAS, the City has caused an Addendum to the EIR to be prepared which addresses the technical changes to the Project associated with the execution, delivery and per- formance of the Conservation Agreement and Declaration of Covenants, and which addresses the technical changes to the Project associated with the conversion of the Project from a mixed single and multi - family development to a single - family development; and WHEREAS, the Planning Commission reviewed the EIR and the Addendum thereto, each prepared in accordance with the California Environmental Quality Act (CEQA), and has considered the information contained therein and in the other documents referred to therein; and WHEREAS, the Planning Commission has recommended that the City Council certified the Addendum to the EIR and has made the findings required by Section 15091 (a) of the State CEQA Guidelines, attached to Resolution No.89 -13 as Attachment A; and WHEREAS, the Planning Commission is contemporaneously recommending that the City Council approve the Specific Plan and the Amended and Restated 1980 Development Agreement relating to the Project. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission that: Based upon the findings adopted previously by the Planning Commission with regard to the approval of the Project, attached to Resolution No. 89 -16 as Attachment A, the Planning Commission hereby determines that it is in the best interest of the City to enter into the Conservation Agreement in the form attached hereto as Exhibit A and the Declaration of Covenants in the form attached hereto as Exhibit B, and recommends to the City Council that the City enter into such agreements. PASSED the following AYES: NOES: ABSENT: ABSTENTIONS: AND ADOPTED this called vote: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Attest: By Dave Gunderi Secretary to Plannin ommission 13th day of Decemeber, 1989, by Brinley, Saathoff, Wilsey and Brown None Gilenson None By: Jeff Lake El i L.nairman Planning Commission CONSERVATION AGREEMENT BY AND BETWEEN HOMESTEAD LAND DEVELOPMENT CORPORATION, CITY OF LAKE ELSINORE AND THE UNITED STATES FISH AND WILDLIFE SERVICE REGARDING THE TUSCANY HILLS DEVELOPMENT AND THE STEPHENS KANGAROO RAT `Vl•• TABLE OF CONTENTS 1 List of Exhibits A. O'Farrell Report B. Biological Opinion C. Map of Tuscany Hills Project D. Map of Initial Preserve Site (Estelle Mountain) E. Map of Lake Mathews /Estelle Mountain Study Area -i- 1, Recitals . • • • • • ' • Agreement. . . . . . . . 2,0 Definitions. . . • • ' ' ' ' 7 3.0 Habitat Protection . . 10 4.0 Mutual Assurances • , • 13 5.0 Miscellaneous. . . • • • • • , . 13 5.1 Term of Agreement. . • • , . • • • . , • , 13 5,2 • Amendments • • ' .gomestead . . . . . Enforceability by . . . . . . 13 14 5.3 5.4 Force Majeure. . . . . . , , , , • , . 16 5.5 Notices . . . • , . • . , • . 17 5.6 • , Captions , • • • 17 5,7 • • Counterparts . • • ' , , , . 17 5,8 Governing Law. . . . . . . • , , 17 5,9 Complete Agreement • • • • Third Party Beneficiaries. . . . : , . , • , is 18 5.10 5.11 Non - severability . • • • • • List of Exhibits A. O'Farrell Report B. Biological Opinion C. Map of Tuscany Hills Project D. Map of Initial Preserve Site (Estelle Mountain) E. Map of Lake Mathews /Estelle Mountain Study Area -i- 1. L L THIS CONSERVATION AGREEMENT is entered into as of the day of 1989, by and among HOMESTEAD LAND DEVELOPMENT CORPORATION, a California corporation ("Homestead "), the CITY OF LAKE ELSINORE ( "City ") and the UNITED STATES FISH AND WILDLIFE SERVICE, an agency of the Department of the Interior of the United States of America ( "USFWS "), �y This Agreement is based on the following facts and assumptions, intentions and expectations; 1.1 Homestead owns 972 acres within the City of Lake Elsinore in the County of Riverside, on which it intends to develop a project commonly known as Tuscany Hills (the "Project "). Development of the Project will disturb approximately 282 acres of occupied Stephens Kangaroo Rat ("SKR") habitat. 1.2 The USFWS listed the SKR as an endangered species pursuant to the terms of the Endangered Species Act, 16 U.S.C. § 1531 gj� se. ( "ESA") effective October 31, 1988. 6/5/89 1.3 On November 15, 1988, the County of Riverside ( "County ") adopted an "Ordinance. . . Establishing the �I Riverside County Stephens Kangaroo Rat Habitat Conservation Plan Study Area and Setting Interim Mitigation Fees" l ( "Interim Fee Ordinance"). The Interim Fee Ordinance (1) "Riverside designates a Riverside County Stephens Kangaroo Rat Habitat Conservation Plan Preliminary Study Area ( "Study Area "), and (2) requires the payment of an "Interim Mitigation Fee" for development proposed in the Study Area. In the event that the City of Lake Elsinore adopts the Interim Fee Ordinance, the 972 acre Project would generate $1,895,400 in fees to be used for the establishment and management of preserve sites. f; 1.4 The study conducted by O'Farrell Biological Consulting (attached hereto as Exhibit A) (the "O'Farrell Study ") concluded that the development of the Project, as mitigated by full and complete implementation of the Conservation Program hereinafter described in Section 3 of this Agreement, is not expected to reduce appreciably the likelihood of survival and recovery of the SKR. The conservation measures described in this Agreement will insure the long -term protection of habitat 'of the SKR which is higher quality than the habitat within the Project site. This Agreement will, to the maximum extent practicable, -2- 6/5/89 L I I I J 9 I 4 0 minimize the taking of SKR individuals incident to the construction and operation of the Project and will promote the long -term conservation and survival of the species. 1.5 Primary access to the Project is planned to pass through property owned by the Bureau of Land Management („BLM"), A grant of right of way by BLM is necessary for the development of the Project, and will therefore impact the SKR. This grant of right of way requires consultation with USFWS, pursuant to Section 7 of the ESA. USFWS has issued a biological opinion pursuant to Section 7 of the ESA with regard to the affect of the Project on the SKR. The biological opinion is attached hereto as Exhibit B. 1.6 Homestead has and will make valuable commitments of resources and funds for the conservation of the SKR, including but not limited to the cost of acquisition and dedication of preserve lands. These commitments by Homestead are based on and in consideration of, and would not have been made but for, the covenants and commitments of the USFWS and City herein that, subject to the provisions of the ESA or any other act,•statute, ordinance, order or regulation, no further mitigation, enhancement or compensation, beyond the terms of this -3- 6/5/89 Agreement, is necessary or will be required by the USFWS or City within or with respect to the Project to provide for the conservation or protection of the SKR. 1.7 The USFWS is reviewing a short -term habitat conservation plan and an application for a permit pursuant to Section 10(a) of the ESA which has been submitted by the County of Riverside. The short -term habitat conservation plan proposes to designate a number of areas in Riverside County as areas of study for possible acquisition as preserve sites for the Stephens Kangaroo Rat and other threatened or endangered species. It is contemplated that prior to the expiration of the term of the short -term habitat conservation plan, the County of Riverside and other participating entities will submit to the USFWS a permanent habitat conservation plan pursuant to Section 10(a) of the ESA to provide for the survival of the SKR and other threatened or endangered species, and to authorize development activities consistent with the provisions of the habitat conservation plan. -4- 6/5/89 L FOR AND IN CONSIDERATION of the recitals set forth above, the covenants.set forth herein and other consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto do hereby agree as follows: 2. DEFINITIONS The following terms as used in this Agreement shall have the meanings set forth below: 2.1 The term "Stephens Kangaroo Rat" or "SKR" means the Stephens Kangaroo Rat (Dipodomys stephensi). 2.2 The term "Conservation Program" means the habitat protection measures described in this Agreement. 2.3 The term °'ESA" means the Endangered Species Act of 1973, as amended. 2.4 The term "take" or "taking l".shall have the same meaning provided therefor in the ESA. -5- 6/5/89 2.5 The term "Project" means the development project planned for the 972 acre site located in western Riverside County approximately three miles east of the intersection of State Highway 74 and Interstate 15 (portions of Sections 2,3, & 10, R.4 W., T.6 S. and a portion of Section 34 R.4 W., T.5 S.) (identified on the figure attached as Exhibit C) and commonly referred to as Tuscany Hills. 2.6 The term "mitigation" shall have the same definition in this Agreement that it has in the regulations promulgated pursuant to the California Environmental Quality Act (Title 14 California Code of Regulations § 15032.5) or the National Environmental Policy Act (40 C.F.R. § 1508.20) and further includes but is not limited to the designation or reservation of land as open space or the provision of adequate funding for wildlife conservation, protection or enhancement, and further includes the lessening of adverse development impacts through project design modification, erosion control, reclamation, habitat enhancement or other protective activities. 0 6 /5/09 2,7 The term "Estelle Mountain Study Area" means the Lake Mathews /Estelle Mountain Study Area described in the Interim Habitat Conservation Plan for the Stephen's Kangaroo Rat prepared by the County of Riverside. The boundaries of the Estelle Mountain Study Area are shown on the map attached hereto as Exhibit E. 3.0 HABITAT PROTECTION. 3.1 Homestead shall acquire in fee simple absolute the approximately 560 acres within [INSERT LEGAL C DESCRIPTION] the Estelle Mountain Study Area generally identified on the figure attached hereto as Exhibit D for use as a site for the conservation and protection of the SKR tand other threatened or endangered species (the area t identified in Exhibit D is hereinafter referred to as the "Initial Preserve Site "). 3.2 Within six months after acquisition of the property referred to in Section 3.1, Homestead shall execute an Irrevocable offer of Dedication of the Initial Preserve Site to the City. Thereafter, the City, at.its discretion, may convey the Initial Preserve Site to a private organization or public agency selected _7_ L 89 from a list of such organizations or public agencies provided to the City by USFWS. The terms of any such conveyance shall be approved by the USFWS. Any such organization or agency selected by the City shall be authorized to accept such Offer and shall manage the Initial Preserve Site for the primary purpose of conserving and protecting the habitat of the SKR and other threatened or endangered species. 3.3 Homestead shall acquire in fee simple absolute additional property including no less than 46.7 acres of occupied SKR habitat ("Secondary Preserve Site"). Prior to the issuance of permits for Project grading in excess of 235.3 acres of occupied SKR habitat, Homestead shall execute an Irrevocable Offer of Dedication of the Secondary Preserve Site to the City. Thereafter, the City, at its discretion, may convey the Secondary Preserve Site to a private organization or public agency selected from a list of such organizations or public agencies provided to the City by USFWS. The terms of any such conveyance shall be approved by USFWS. Any such organization or agency selected by the City shall be authorized to accept such Offer and shall manage the Secondary Preserve Site for the primary purpose of -8- I L L 6/5/89 L T 1 n� conserving and protecting the habitat of the SKR and other threatened or endangered species. 3.4 Homestead shall restrict all uses of the Initial Preserve Site and the Secondary Preserve Site (collectively referred to as "Preserve Sites ") to those which are consistent with the conservation and preservation of the SKR. At the time of any conveyance of the Preserve Sites Homestead shall record a Declaration of Restrictions or other appropriate document ( "Declaration ") which shall restrict the use of the Preserve Sites to insure that the uses of the Preserve Sites are limited to those uses and activities which are consistent with the conservation and protection of the SKR. The terms of the Declaration shall be approved by USFWS. 6/5/69 4.1 Assurances. The primary purpose of this Agreement is to provide for the long -term reconciliation of the development, construction and operation of the Project r with the conservation and protection of the SKR. Based on and in consideration of the covenants and commitments of Homestead hereunder to make substantial and valuable commitments of resources and funds and to undertake actions specified hereunder to protect and enhance the long -term survivability of the SKR, USFWS and City hereby agree and assure Homestead that, subject to the provisions of the ESA or any other applicable act, statute, ordinance, order or regulation: L; (a) compliance with the terms of this Agreement IL constitutes compliance with the provisions of the ESA (including without limitation the "requirements of Sections 7, and 9(a)(1)(B) of the ESA) and with the provisions of other local and state laws which provide for or authorize the protection or conservation of endangered or threatened species or L their habitat; j L i I L 4. L (b) Homestead, through this Agreement, has adequately provided for the conservation and protection of the SKR and other species of concern which utilize the Project area; (c) no further mitigation, enhancement or compensation is necessary or will be required by the USFWS or City within or with respect to the Project to provide for the conservation or protection of the SKR; and (d) without limiting the generality of the foregoing, City shall not impose, seek to impose or require Homestead to pay any fees for conservation of the SKR, including any fees imposed or required pursuant to the Interim Fee Ordinance or any similar or related ordinance which may be adopted by the City to provide funds for the conservation or protection of the SKR. Notwithstanding the foregoing, in the event that the City adopts any ordinance, condition, or requirement which requires any owner of land within the Project area to pay fees to the City for the mitigation of the effects of any development on the SKR, the City shall -11- 6 /5/89 provide such fees to Homestead as partial reimbursement of the funds expended by Homestead to implement this Agreement. 4.2 Habitat Conservation Plan. In the event that Habitat Conservation'Plans ("HCPs ") for the SKR or other species which utilize the Project Site, applicable to the Project site or the Preserve Sites, or to both the Project Site and the Preserve Sites, are approved by USFWS pursuant to Section 10(a) of the ESA, City and USFWS agree that: (a) Homestead shall receive all the rights, benefits and privileges provided under such HCPs and associated Section 10(a) Permits to any landowner for mitigation provided pursuant to this Agreement; and (b) to the extent that the Conservation Program results in the preservation and dedication of habitat, or the commitment of funds, in excess of the amount of such habitat or funds required under the HCP, Homestead shall be able to apply the additional mitigation provided by this Agreement to any future development within the HCP area. 151PAM 6/5/89 5.1 Term of Agreement. This Agreement shall be effective as of the day and year first set forth above and shall remain in effect until terminated in writing by all parties. 5.2 Amendments. This Agreement may be amended only in a writing signed by all of the parties hereto. The terms, provisions and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Notwithstanding the foregoing, the California Department of Fish and Game may become a party to this Agreement without further action by the parties hereto. 5.3 FnforceabilitY by Homestead. It is acknowledged and agreed by the parties hereto that any covenants assurances or commitments provided to Homestead with respect to the extent and limitation of mitigation and /or enhancement measures which will be required in connection with the construction and operation of the Project are: (1) ,intended to be relied upon by Homestead; (2) made with full knowledge of the extent and effect -13- 6/5/89 ✓`�uu.�n�"" "s, "emu._.. �,;'34n- ci<E?u GS.w'�a ....ice ., — ,,. .!d. t , � _ L/ thereof; (3) made in exchange for valuable and adequate consideration provided by Homestead in the form of funds and covenants and commitments to undertake enhancement and mitigation measures hereunder; and (4) made with the understanding that such assurances and commitments will not be amended, changed or increased except in accordance with this Agreement. 5.4 Force Majeure. In the event that Homestead is wholly or partly prevented from performing its obligations under this Agreement because of unforeseeable causes beyond the reasonable control of and without the fault or negligence of Homestead ( "force majeure "), including but not.__ limited to acts of God, labor disputes, sudden actions of the elements, actions of federal, state and municipal agencies, Homestead shall be excused from whatever performance is affected by such unforeseeable cause to the extent so affected provided that: (a) Within two weeks after the occurrence of the force majeure Homestead gives USFWS and City written notice describing the particulars of the occurrence; . -14- I L L L L 6 /5/89 (b) The suspension of performance is of no greater scope and no longer duration than is required by the force majeure; (c) Homestead uses its best efforts to remedy its inability to perform (this subsection shall not require the settlement of any strike, walk -out, lock -out or other labor dispute on terms which, in the sole judgment of Homestead are contrary to its interest); and -15- 6/5/89 (d) When Homestead is able to resume performance of its obligations hereunder, Homestead shall give USFWS written notice to that effect; and F (e) Any inability on the part of Homestead to perform an obligation under this Agreement due to a cause described in this Section 5.4 shall be grounds for the USFWS to suspend during the period of any such inability and without any liability to any party which may be affected thereby, any authorization granted under Section 7 of the { ESA to take any SKR or any other endangered or threatened species. Except where the USFWS determines.that emergency action is necessary to protect any endangered or threatened species, the USFWS shall not suspend any such authorization to take any such species without first.providing to -15- 6/5/89 Homestead notice in writing of the facts or conduct which may warrant the suspension and an opportunity to demonstrate or achieve full performance of its obligations under this Agreement and compliance with all lawful requirements.: 5.5• Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery or by first class mail, postage pre -paid, F and shall be deemed sufficiently given if addressed at the following addresses to the respective parties: l City of Lake Elsinore 130 South Main Lake Elsinore, California 92330 United States Fish and Wildlife Service Attention: Regional Director Lloyd 500 Building 500 N.E. Multonomah Street, #1692 ■ Portland, Oregon 97232 IL With a copy to: United States Fish and Wildlife Service 24000 Avila Road, First Floor Laguna Niguel, California 92656 Homestead Land Development Corporation 355 North Sheridan Street, Suite 117 Corona, California 91720 With a copy to: Robert D. Thornton, Esq. Nossaman, Guthner, Knox S Elliott 650 Town Center Drive, Suite 1250 Costa Mesa, California 92626 -16- 6/5/89 Any party may give notice to the others specifying a different address for notice purposes. 1 5.6 Captions. The headings of the various 1r sections hereof are for convenience only, and shall not 1 affect the meaning of any provision of this Agreement. 5.7 C rparts. This Agreement may be executed in multiple counterparts, all of which shall constitute but one and the same instrument. 5.8 Governing .Law. This Agreement shall be governed by and construed in accordance with the Federal ESA and the internal laws of the State of California, except to the extent that federal law mandatorily applies. L 5.9 Comvl ete ee Agrment. This Agreement constitutes the full and complete agreement between the L- parties concerning the subject matter hereof and supersedes any prior or contemporaneous agreements or understandings, Lwhether'oral,or written, all of which shall be deemed to have been merged herein, it being the intention of the Lparties that this be a completely integrated agreement. L -17- L6/5/69 L/ r� 5.10 Third Party Beneficiaries. None of the r rights or benefits created by this Agreement shall inure or benefit any person other than the identified parties herein r and their successors and assigns, nor shall it authorize any person who is not a party to this Agreement or a successor or assign of a party to seek enforcement of the terms of this Agreement. r 5.11 Non- severability. In the event that Homestead is unable to construct or operate the Project in the manner and time frames contemplated by Homestead as a i consequence of (i) this Agreement, the Bureau of Land [ Management right of way grant, or the USFWS biological C opinion or any portion thereof being enjoined or determined to be invalid or unenforceable, or (ii) the imposition of any further requirements, regulations or restrictions for the protection of the SKR, in addition to any other remedy L which it may possess, Homestead shall have the right upon written notice to withdraw from this Agreement and to thereupon be released from any and all liabilities or '- obligation hereunder and to obtain fee title to the Preserve Sites pursuant to the reversionary interest.described in the following sentence. Homestead may include a reversionary interest in any deed conveying -18- 6/5/89 L 4_ years of the recordation of such reversionary interest. Any such withdrawal by Homestead shall be grounds for the USFWS to suspend or revoke, without any liability to any party which may be affected thereby any authorization granted under Section 7 of the ESA to take any SKR. Except where L- the USFWS determines that emergency action is necessary to protect any endangered or threatened species, the USFWS shall not suspend or revoke any such authorization to take any such species without first providing to Homestead notice in writing of the facts or conduct which may.warrant the suspension or revocation and an opportunity to demonstrate -19- L 6/5/69 1 the Initial Preserve Site or the Secondary Preserve Site which provides that fee title to the Preserve Sites shall revert to Homestead in the event that Homestead is unable to construct or operate the Project in the manner and time l l frames contemplated by Homestead as a consequence of (i) this Agreement, the Bureau of Land Management right of .way grant, or the USFWS biological opinion, or any portion thereof, being enjoined or determined to be invalid or Iunenforceable, or (ii) the imposition of any further requirements, regulations or restrictions for the protection of the SKR. Any such reversionary interest shall provide that it is not good unless it must vest within twenty -one years of the recordation of such reversionary interest. Any such withdrawal by Homestead shall be grounds for the USFWS to suspend or revoke, without any liability to any party which may be affected thereby any authorization granted under Section 7 of the ESA to take any SKR. Except where L- the USFWS determines that emergency action is necessary to protect any endangered or threatened species, the USFWS shall not suspend or revoke any such authorization to take any such species without first providing to Homestead notice in writing of the facts or conduct which may.warrant the suspension or revocation and an opportunity to demonstrate -19- L 6/5/69 or achieve full performance of its ubligationj; under this Agreement and compliance with all lawful requimements. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. UNITED STATES DEPARTMENT OF THE INTERIOR UNITED STATES FISH AND WILDLIFE SERVICE I By: Name: 4 Title: HOMESTEAD LAND DEVELOPMENT CORPORATI By: Name: l Title: CITY OF LAIC) ELSINORE L By: Name: Title: Approved as to form: Department of Interior Office of the Solicitor Nossaman, Guthner, Knox & Elliott City Attorney 1 3 8 / A H R RESOLUTION NO. 89 -17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE RECOMMENDING APPROVAL OF A DEVELOPMENT AGREEMENT WITH ALBERHILL RANCH ASSOCIATES WHEREAS, Alberhill Ranch Associates has made application to the City of Lake Elsinore for a Development Agreement with respect to a portion of the Alberhill Ranch; and WHEREAS, the Planning Commission of the City of Lake Elsinore held a duly noticed public hearing on the proposed Development Agreement at its special meeting on March 14, 1990, and considered the evidence and testimony presented in connection with the proposed Development Agreement, including but not limited to the environmental documentation therefore; NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Lake Elsinore as follows: Section 1. The proposed Development Agreement between Alberhill Ranch Associates and the City of Lake Elsinore is consistent with the City's General Plan and the Alberhill Ranch Specific Plan. Section 2. The previously certified environmental impact report prepared for the Alberhill Ranch Specific Plan is adequate and complete for the proposed Development Agreement. Section 3. It is recommended that the City Council of the City of Lake Elsinore approve the proposed Development Agreement. Section 4. The Secretary of the Planning Commission shall certify the adoption of this resolution and forward a copy to the City Clerk for reference and consideration of the City Council. PASSED AND ADOPTED this 14th day of March, 1990 by the following called vote: AYES: COMMISSIONERS: Brinley, Brown NOES: COMMISSIONERS: Gilenson ABSENT: COMMISSIONERS: None ABSTENTIONS: COMMISSIONERS: By: Lake Saathoff, Wilsey, ... A- anning Commission I hereby certify that the preceding resolution was adopted by the Planning Commission at a regular meeting therof conducted on March 14, 1990. Attest: L41-- Dave Gund an, Secretary to Plann' Commission